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Laa diagrammaa auivanta llluatrant la mAthoda. 1 2 3 4 5 6 ^^ c ' ss THE ELOQUENCE THJE BRITISH SENATE; BIIMO A SELECTION OF THE BEST SPEECHES , or THE MOST DISTINGUISHED > PARLIAMENTARY SPEAKERS, FROM THE BEGINNING OF THE REIGN OF CHARLES L TO THE PRESENT TIME. WITH NOTES, BIOGRAPHICAL^ CRITICAL^ AND EXPLANATORY. BY WILLIAM HAZLITT. * sBSBBsasssssBataB^sft IN TWO VOLUMES, VOL. I. LONDON: PRINTED FOR J. MURRAY, FLEET-STREET, AND J. HARDING, ST. JAMES'S-STREET, LONDON 5 AND A. CONSTABLE AND CO. EDINBURGH. i8oa ■■>' \, a'i/ia )yv}.:^ i wi: A ^mji u H ^ T r n if s n r > . I ^. . .', v...,i 45 V,' I , X : A ' ' : .'' ' U ■■■ li: .• /V.V^ .,!''• ,eif /i A A :! 'J ^-^ vji A.TK :^ I'l /^ --.i;! //! ;'':0 rc.;-^*v?r 'Yl I . . M I. . . J w . j. /T"/> '; ♦ •/• r. ) / : w 4'; . . V . aijQ '0 ^-:;:; : o ^.: . *?;*; \r] r.; ^•. t <; .,* ,j i- . .;.-,. j ■ J » i. .. J ', ,. ,. U...>J'^ii t J i<<'M ■'. a-; ■'/'/' " '''^ ^ '■ADVEftTtSEM'ENt.'; ^^ "^^ . »i((»j. '!f, -r n5vcrK|.-fT;. .jvij;* a'?/ 'iiiiv/aii bill? 1 HI s collection took its jtse from a y^ixk yhich the cfompiler liad Lonleiimes fell,. ii( hearing tho praises of the celebrated i>ra^ts of ibmrctv times, to know what figure they would have made bj th^ side, of those of out own times, with wh6se ptoductions we nrf better acquainted. For instance, ii^ reading Bat6d /y«!9i ^ ite Isivt a^ithii Wjajpciy^ th^ Pulimei^s,' '^ ^Nhaitisi ithe^ Hsufts^, ithb Tdwnehean^s; aftd tbi; ^bbitfaSy^nt^iO'^lled ^ii&i6^kifiti$>^ th^e %i^&*p4- ^ei^ 'VfiA\ t^r &^6fd^^^ ^A gv^r jr ' p^t^mi^ o«te'itlfc» l^tt'fjrtfief wli6 ^^^Ahk 4iiotfthrpi6€^ ':«il tbtir ^fua^y^ nothing i)itt <^ei^tU2ll snvo^ '^ftud bount^, ili^ds^ant ' voD#f ^^liMd^ lee ^r ik^ vtgrmi4si€>»y-^^ MPere th& «M(^^tif^ #18^1, uld not ►ting to a piece is but ► them, T fallen almost Better- nost as lo strut hdkl a#e h^oiof aitttrely neii 'Hf jrs,' '1^ ii{>'fi1l#tllMWi^ W inl^Ad tt fo-i l^l!^Vjft %iM THdi»'^8^r ^^ ^ the JTabhion/of ithe ^{)k«Beiit daj^ %^«biilv$fig cHi^ felV^Kd di^«ttHft» %dMi> liKilien^^'ls t^%^%aia^ bB M^y of ttidse ^B^i(tic«i%,^ll^^i^lK)(f6)^^ tem)itiei*. tion to their V^iiity. to em'ieb^hemstjIi^HQiiit ^ ^ ^iUl^o^er^i' -l^Uki^ ^W ehliedf to fiAd %R>lhin^ bttt f-foqweA «peech^ in^fcf^>voluHVesi -fie'iwH ee^^ly be iiii6appoirit0dS> ^^ A- v^ dmaU f (^mite indeed, t»mi4 contain %ll thfe irefeorded^'elo^tienee of both- hcii663 of parliailaent. ^ < '^' ^- : : i«^H^* Eoxi and PiU^ ai^ tliose which are,the moat labom^d. A»it<>thQ Axf^ of tli^se, I am not so certaior ; It w^M* w|i4ten ia ^th^ heat of the first impression which his spq^chesi made Mpon me : and perhaps the first imp]?ession is a fair test of the effect they must produce on those who heard them-^ — But farther JL ^m upt she. ^swerable fo?r ,i^. As to the opin nions I have expressed of the three last speakr ers, they are at, l^ast my settled opinions, axd .J, jpl^v^i ^[ifrfl aot.^iksily cha!»ge them. |a the selections from^ Bur^e, I have followed the s^dvice of friends in , giving a rwhftle speech* vherea^ I ought to have given oply e^tracte*-^ For the bias which may so^pcjtimes jfp^pear ^||t|^is work, rshal^onJyapologwehy ?:§f/B,rri9g the impartia}^ reader to the different pharactejs of Fq^ and Burke. These will, I think, she w , that whatever my prejudices ma>}j be,. ^1-^9^ Dot much disposed to be blindec( , Jtxy them*^ i und tHe strength (^thcf strong^ ivHbili praiser were insGribcd on every ifrindoir^slwitter or brick-w all, or floated through the busy air, ilpbbme by the shouts dhd huzms of -a giddy multitude, — all of them arenovr siletit und for* gotten ; all that remains of them is^onsigned to^ obHvion in the musty records W ParfJameiltf oli? lives only in the shadow ^f a- i^ame. I wished thereforeto bnngthem on the »tage once tnortel and drag^heiifi ont'Of -tliat'obikJtirity, from which it is now itt^possiblc ^o redeem ' their fcllox^ ticicri,' I was uneasy tillFhad- made the mo- numeffttkrpilie of octavbfr and^ fejiori,- «< wherein I saw them quietly inurned, open^ its pon- derous ai^d marble jaws," and *'-set the im- prisoned wmnglers free again/' It is p^sible that some of tliat numerous race of orators^ who have sprung up within the last ten years, to whbhi I should clertainly have first paid mV compliments, may not be satisfied ^vith the space allotted, them in these volumes. • But I cannot help it. My object was to revive what was forgotten, and embody what Avas pertim- • V I 4 At>VRftT10E|l»NrA Mill 3 ftnd not to«cho the loqivloiouf bi^bbliligl of those ftocompli^ed persons, whei, if all their yrOids. wete written in a book, 4he world wOUkl not contain them. Besides living speakert may, and are in the habit of printing their bwn speeches. Or even if this wei^ not the otte, there is no danger, while they hav^:brii?ath and lungs left, that they will erer suffer the publio to be at a loss for daily spedmens of theil l^hed ^oqiiienoQ and ptofound «rifi^k)m. ' , .■ > ■ . ..,tgnj} '>..■>■ ' ^(rh-^ftm «i . . There wai;p' JO . ».M<\1 O tfil ^ ! CO , xof^. W \o I,; a3 aHT CONTENDS lV?9 Sm Eii^A^iS C'ok'ilV'on a MoHon foV the Supply !.i.., '»/.., a . -LJ-i^—'-L^^:-:^-, oti Jhc Safety 6f Englapd '.I ;::j, :_..'../ ..l„il_ • • • • ' • • — -i against using the Words '*• "Sovereign .^ Pb^vtr,*" .14 'a^j'plita fd the King ".'.'.. ''....,.. Gft k r Sjr Rhbteht Co'rYoi^, 1rtg-his Majesty's Pleasi^re .,, , .^.^^4^-?; iJli'-.'^flotf 'u?!^' Sir HriNKAGE Fmciti, on being chosen Speaker .... . . ?jv.tv ^7- — ■ '"' :—— Address to the Tlm)qq,.,. . . . .,. •.,;,v*l'a, "^^ IWk. Sfc|t,i)iiisi, on, the Trial of the Duk^ pf JJq<:ji'^ghaiB[. .•,r/;«>r .^^ n 'l ^ ■■■ ' ,, ' ' .. ' against illegjal Arrests . ._._•.••• •..•Vm-v: .•-«..!_• ,i,i-i.» 'C Siil Duni.RY DiGGi',8, on the Duke qf Bvickingliapi .^. .,, ..... 30^'' Iffit. Pym/ oh'fhe same .'.'. , , 32 ' ^" ^ ' '■ his" Vinditatioh of hiniself frpn^ a Charge .o^i^I^gh ^ ^ .Treason" .'i ....'.'....■. .'.»... .. .._..,,,.,,, j'^ ijoji^, f \, •^•.•» * »• • • • •,-• Mu^ji, WANnKs'ronu, on tlic Posset jjiven by the Duke of Bucl^-^,;,^^ i ' . "in'ehaih to James I. a Tutfe before his lleatii , . A5- ojBPuDLi3yCAm,ETON, recommending conciliatory Measures, 40| Mr., Creskeld, ontlu: petQiUiou of some .\^eraber8 of tjicjj .^;j House .. . . . , ,._^^^^^Qp^.:^,^,.^,^^^-^,^^.^;.y^^,.^ ^,^o|[ Sir Robert Philips, on tne State of the Kingdom .,.f,^.,.,rt^ 49 — ■ ■■ " ■ - on tlie Dissolution of the Parliament . , 77 VOL. I. r^ I'B.t fatfs "«NX)NTENT5. , The Eakl of WAilwtex, on the Habeas Corpus .......«..<< sd Mr. Rousb, against Dr. Manwaring .< 61 SiH JoHK £x.uoT« OP P^blic.Ai&in ......«.«, 66 Si& Benjamik Rud^ abd, on the State of R^ltgion . . . . ^ . . . 73 — ' ; ' in &vour of Moderation 1 14 ^Mr. Wallsr, on the Supply 78 - " in his own Defence ^ . 1)7 l^otLO DiooY, 01) frequent Parliaments ^ *,.!!, . y ^ .^ • ril* • • • • • 84 *— — ' on tiie Earl of Stafford's Impeadunebt 93* Sib John Wray, on the Success of Parliament 92 The Earl of Stafford— his last Defence of himself before the House of Lords 99 Bisnop Hall, on the Exclusion of Bishops from the House of i Lords .;>«^Uvi lOi .»..__ on (he low State of the Church 105 Mr. VfwTVocKZ, on ,the Militia , . . v > •• • • • • •'• • • •• 1 ^ I — -7- on changing the old Law Style .......... 12& Wb. Lenthall's (The Speaker) !^ddress of Thanks tia deneral | j^,'^^ Fairfax , . . ... ......... :,.....• • 12i »« ■■■ ■ ' on the Inauguration of Cromwell 144 Oliver Cromwell, on the Army >.......... 123 « : —.• ..- — ~ against Delay ,..,.,,,.„. ;^, . r,».|.^^,,^M^i.i...»fj» • 125, ..-, .: , ' ' ' ' ~ complaining to the l*aniaipent ........ 151 Sbcretary T*hurloe'8 Vmdication of the feUl to tax the Royalists ...,143 Richard,Cromwkll, oh meeting the P^liampnt ....... ., .,,i I55r CttARLgs tlie Second's Speech to both Houses .,,,...,. j..... 150 Lord Clarendon's Speech at the Restoration ..... .... 1. .. , l62 The DoKK of BucKiNGilAM, on the Privileges of the Lords . . I69 ■ ■ — — : — ~J_-_ on dissolving the Parliament . Lord Bristol, on the Tdst Act k • • • • • < ll 184 £^RL of NottiMgham's (Lord Keeper) Address to both' Houses 175 — •■ ■'• ■ another on the same Occasion 1^9 'Colonel Birch, on the Rill of Exclusion « 194 Mr. BoscAWEN, on the same Subject 197 Sir Leoline Jenkins, on the same ,v '99 Mr. Hampden, on tlie same .204, Lord William Russell, on the same ....v... .. .\2()3 '111'' Eatil of C AFR N arvon 's Speech for a Wager .' ,'. . ,\ ^204, First Earl of SnArtESBURY, on the State of the Nation. .. .'. ., 20^ Sir FiiANcis WiNNiNGtoN, on the Pension Bill 211 fiAHLof Warrington, on being excluded from the Commis- ' i>Lon of the Beace 21j^ 61 65 73 114 78 1)7 84 92 .. 99 of ,.ViiT'-^ the iral 'l2tM' i4i 123 ri','.; the_ • • 159. 162 .. legr 184" . . 173^ ises 175 ion if 9 .0 194 .. 197 . . 199 .. 201, ..\20^ .!"204, ..,'20a .. 211 CONTENTS '^ t>Qtii) SqVehs, on the Abdication of King James » .< . ^ .ii;*. .217 Reply by the Second E a h^. of Nottingham 221 SiJt Gborob TREBY,-on the same ...,...,.. '224 ^IH Robert Howard,, on the same » , ...;...« .*^. .1 2(27 William the Third's Speech to ParliameiU ..... «. ftSU Sib QuARLKB Sedley, on the Taxes ,....,*.».., .4.4..... ..i.»< .. w .-. .. i 2ddl 81B Robert Walpole, on the Bill to limit the Nwwber of Peer* 274 I.. . ■. ..i^ _, — -; — —■ on the Army ....... .,;rf.. w.... 811 .'. . . ,_ I . , r 1 - on the Establishment of the Excise . w. . 829 ^Tr: — V". ' . ' , . PA loog Parliaments . ...,.'.v,4i *,.4. 1. . 884 •y-fT — ; — .... ' :..:.. op Religious TestB ..;...,............« 408- ^iSHOP Attkkbury.'s Pefence of himself . ... .. ..... .... 4, .'. ; 276 X'Ord B athur st'.s Speech in favour of the preceding . ^ ..... ; 287 -r^ — ■ — r- -r — on the Standing Army 320 pt^KB of Wharton, on the Mutiny Bill 288 George the Second's Speech to his Parliament ......4..... 293 }/lti. Shippbn^ on the Address ,% ^„-^,..i,^^.. 2^4i • ■ : on the Army .4.. ..t...ti..U..-30di Sir W. Wyndham, against the A against a Standing Army r. .. . 31/ Sir Gilbebt.Heathcote, on the Excise Laws ..... 1. ...... . 324 Lord Carteret's. Speecli on tlie Army 329 Earl of Ilay, on the same 1 . 340 Earl of BjiisT.oL,.on.thesame i. ..* .'-342 Mr> CAitiPBELL,. on excluding Officers of Government from ' Parliament 347 Mr. Sandys, in Reply 350 Earl of Chesterfield, on the Marriage of the Princess Royal 356 » ■!■» I I . en the Play-House Bill 4j6 •ii- tm m r ■* % Tags DtrkB of NkwcastLB, on the Army Regulation Bill /..ViV. 3flf Eakl of Anglbsea, on removing certain Officers froni difeir ; Regiments ..;;.. 36d Stit J-oHN St. Aubin, on long Parliaments : .; :'. ;. .' 36^ ■ttiit — on the Quaker's Bill ...'... SgiO Snt Watkin WitLiAMs WyNNfe, on shortening the Durattorf ' '^ of Parliaments ;. .. .'. ;•. .371' SxR-JoHN-BARNAitD, on the same Subject './.. .i . 9^|^ LbSftD LvTTLBTONj on the Prince's Marriage ..:'.;■'. ,',.'.^.'*'i'. i' 3^i 4i.i4:-^ on feudal Jurisdiction ....'.; iVlVl;-. 4S3 ' -i— on tlae Jew Bill ..'..'.'.'i. . S2i Mr, Pitt (afterwards Loi'd Chatham), on tlie Prltite's Marriage^ 3*04 .:_»_>^ .on the Motion for an Address .•....'T.'.:r.;. '.....'.'"." ^71^ Mr. Plumer,. on the Repeal of thfe Test Afct i ii ii'.i'^VV.'V: .461 Mr. Holder, on the same ; .Jv. iJU':: vb. ii i-Ji* ii*;l^. . A\i DukK of Besfordi on the AddreHs . : . '. i .-. . . . ; .tt^ .v .- :: . 431 Earl, of HAHbi'iGkE, on a Prosecution for a i,ibel ; .. r.%; .: . 433 Duks of Argylb, on the Addi'ess : .;;".; .; .. .. ;; .: . 439 ■ •*— ' — -r — I ■ on the Army ......; ..t'i .7Vi~>T7r,:'rr77T. . 453 Hon'"'.' Edward Coke* on the Address . . ; ; , . i . .-'.'. . %'li . ,■ '.'. . 4&A SrR Dudley Ryder, on the Attainder Bill iii ..i;'.';^.! *; ;^. 1 47-i Mr. Morton, on the Matitiy Bill . .. .. ;-.;r;-.-;.;r;r;;";T.". % 4pS Reply by. Mr. Fqk (afterwa-ds Lord Holland) i'P.'.^il^i';.^!'.'.' M Mr. George TowNSHEND, on regulating theAifmy ji'J^','.ir. 50g CotoaiEL. Conway, on the- same •.• .:'.. .. ..'.T'.':'.l . SlU EABL.of EGM.oNT"-part of his Speech on the Naturhlizatton of '■''■ ■ thp Tpix/q H- '-Tp/.'il', 1' ns- \ AtiiVA't "' • «Slflr .)ii .,.«... ...• ■;!■■'' '■ "/ioUla.' .HTU!5KaAi..:iH..i^ ^.T/^c joVmc/paZBioGRAPHiCAL Notices wiAw Valunieu^ ; ^- ; :R>nij).v/t:i «/•« ^Awe (j/" ,~ Cromwell . ., .,,..'. v. .; .. ,. .. .,..,f.:';?7A'i'i H* "Whitlocke , ►......,. , .ytl.'.'^ 125 !|iORD Belhaven . ., ',i .'id\ u t^'vitivii* *J «.*'; ..... 3*^ JiyiH. PULTENEY . .u:* ... J.,..k, .i ,t .... U J<[<.., ,«.^^.!.<. .U. 3&A Sir John St. Aubin . ,. ,.,, .,,.,. ,. .. ..^.y.i <*-..« .'.'.-i .\ . '363- Sir Rubbrx WAi.roj.fi •..*»» *A.^v»» •• ••%. w t*;* ••4* »^ . 2$!. . t. /:. . ........ .;.::.'/.■■ iv- ••- '♦••^•- " • '^'^"^ "' ,«vaKA^ .aM ^'t . ,, .\ ,; ..■-: ,' Ulu .t^-it'Ii-v-ir, yilj ud • " ■■. ..I-. -•»»-» -- Z'* ,<;.,'Af .n .k1 .1 83.T.ffAH;>vOVlta[ ... 5ia :,, AHA... ,'j'i i^S' u.': 023 • '•' • 24^ J. Bid .\'. 3.M( /. . a^' >i< 381^ V. t 1 'Xitf m-nlmfi 'ol-.iW : mid oiMi/ft fiiffl mob*cW ,'jji)i .ilia, . ; iikififcito.n^rf . 'J ? '^mkn,i^.mKmQ :CHAfetjES'-l*.'. ;,rvf,( fcam^to'' the' crown m'liS^, and >)^adl'^eli^ye'i iU'ji6^8.' ', ifkk- ■ 'fcllo-wiiig IS his '8^*^ froih Ihfe' throne oh m^^irig^ his fii-st fAriinmeiiti i It eoiltains) ijothing : v«ry remarkable, but may serve as a ^pNion^i^ of the stile that vvas'in >;ise,at the tiin9. The chief, subject of the sp^ch is the war xyitb , Spainj in which the country was then engaged/ Ithere is also ah alii^sioil to tfa^ plague, which it that tiitie prevailed In LondoAs ' •*■''* *^'^ iTm^ Chdrkg^thefim\ Speech t^ op^tiiri^ i'kif JSes^icHl My lords spiritual and temporal, ahd you gentlemen of the house of commons, in thi» parliament assembled : I may thank God, that the business to be treated gen at this time is of'such a nature, that it ne^ds noeloqueiKse to set it for%; for I, am neither able to ^ it, noir doth it stand with, my nature to spend mudi time ih words. It is no hew business, being. already happUy be^un by my &.ther of blesised memory, who is witii God) therefore it needeth no nauativei I hope in God you will go on to maintain it^ «s freely ai» you advised my fkther to do itt It is true, he m»}; ^e^n to some to . have been ^lack t/$ VOL. I. B KING CHARLES I. [a. D. 1^25. begin so just and so glorious a work ; but it was his wisdom tliat made him loth to begin a work, until he might find a means to maintain it But after that he saw how much he was abused in the confidence he had with other states, and was confinned by your advice to run the course we are in, with your engagement to piaihtain it, I need npfcpr^ss to prove ho\»^ willii|gly hp took your advice ; for, the preparations that are made are better able to declare it, than I to speak it. The assistance of those in Gennany, the fleet that is ready for action, with the rest of the preparations, which I have only followed my fathier in, do sufficiently prove, that he entered (not superficially, but really and heartily,) into this action. My lords and gentlemen, I hope that you do re- member, that you were pleased to employ me to advise my father to break off those two treaties that wi^re on foot, so that I cannot say that I came hither a fre^ un- engaged man. It is true, I came into this business willingly and fi-eely, like a young man, and consequently l^hly ; but it was by your interest, your engagemeijt : so' tnat though it were done like a young man, yet I cannot repent me of it, and I think none cai^ blame me for it, knowing the" love and fidelity you have (ever) borne to your kings; having myself, likewise, some little experience of your affections. I prayyou rememjber, that this being my first action, and begun by your ad- vice and intreaty, what a great dishonour it wwe (both) to you and me, if this action, so begun, shouki ;&il of the assistance you are able to give me. Yet, knowing the constancy of your love both to me and this business, I needed not to have saiu this, but only to shew what care and sense I have of your honours and mine own. I must entreat you likewise to consider of the times w6 are in, how that T must adventure your lives (which I should be loth to do) should i continue you here long ; and you must venfeire the business^ if you be slow Ir your resolutions. • Wherefore 1-hope you wilt tak^ . D. 1625. it was his k, until he ker that he [ice he had our advice igement to \ are made k it. The at is ready IS, which 1 ntly prove, id heartily,) you do re- le to advise lat w^re on r a fineQ un- lis business insequently igagemeijt : Inian, yet I caH blame have (ever) some little remember, [y your ad- ere (botii) )ukl £ul of tt, knowing |is business, ishew what mine own. times wd (which 1 gre long; iu be slow- witttak^ .1 ,aoV' A. toillSfi^.]. • SJtK ElS>\VAJll>COjtit.!>-, %. such grAve (and wise) counsel, as you Sv\% ex|)edit6 what you have in hand 'to do;: wihidt^li'lti dome ftnii. yourselves an infinites deal of honour f you, in shewing your love to me, and me^ that I may pea:^t tht^t ^pr^> which my father hath so happily begun, s < . < ^ * \ v* Last of all^ because some nialiciou? men may, and as I: bear, have given out, that I amnot^o true a ice^r aad maintains of the true religion tliat 1 pnofe^^fL assure you^ that I mayi with St. Paul say, that I h^ve been tcained up at Gamaliel's feet: and altUou^ 1/ shall never be so arrogant as to assume u^to myseii' the 1*6811^ ' I shall' so far slicw the end of it, that all th0 world ma^ see, that no man hath been, nor ever shall be,, more dosu-ouA to msiintaiu' the reli^on I profess thanft) shall be,)' 'i--'>'i<|-> I .,.•;■.,■ . !.%;% ■ • i SIR EDWARD GOKE, (Lord Chief Justice^ and author of ike Imtitutes,) Was born in 1550, and di«d in l634. He was removed from h^r office in l6i6, and first loined the popukr side in parliament ih I6'^li' There Ia the same' qnaintness and pithineiis 'in the othtt speeckestwkich'are givfett of this celebrated lawyer, that will be, fpup ■ >•' i I't Old Sir Edi^ard Goke begins as usual^ in thia debate* wit^ lome Latanr fXKA&xtXA >^N<^^ 4' SIR EDWARD COKE. [a. D. 1()25. i vincibilis, et imprtwida. The tVvo last, he said, break all law8 and orders, and must be supplied : but if their necessities came by wantonness, then no such cause to ^V6. Neutralitas nee amicos parit, nee inimicos toiht. Commune pericntum, commune aunlium. No kins can subsist in an honourable estate without three abilities : First, To be able to maintain himself against sudden invasions. Secondly, To aid his allies andi c6n- federates. Thirdlyy To reward hia well-deserving ser-; vants. But he urged, There was a leak in ithe govem- : ment, of which leak such as these were tlie causes : frauds in the customs; treaty about the Spanish match ; new invented offices with large fees; old unprofitable offices, which the king might justly take away witli law, love of his people, and his own honour ; the presidentships of York and Wales ; multiplicity of offices in one man ; every officer to live on his own office; the king's hous-^ hold out of order; new tables kept there mad6 the leakage tlie greater; voluntary annuities or pensions, which ought to be stopped till the king was out of .debt, and able to pay them. In the 4th of Henry IV.. no man was to beg of the king till he was out of debt. Lastly, that all unnecessary charges, costly diet, apparel, buildings, &c. increase still the leakage. M \ %■ To apply some means for remedy, the niultiplicity of forests and parks, now a great charge to the king, might be drawn into a great benefit to him ; tliat Under- standing officers be employed in the king's house to l^uce it to its ancient form, and not with sir Lionel Cranfield to divide a goose; and that his sKop-boys be not taken from his shops and placed in thfe green (Jloth ; that the great offices for the defence ojftjfcie. kingdom jje put into the hands of able men that have experience, as admiralty's places, &c. The king's ordinary charge in Edwai'd III.'s time was borne by the king'a ordinary revenue. Ireland at that time was Jtlstii^'sb^Ot^bV. a year benefit to Uie kmg; but now a gi-teal chafcge lef hirf^ To petition the king rather foi' 9,hgiqw than a rketoff^e. \. D. 1()25. said, break but if their such cause fee inimicos ilium. Na ithbnt three self against ies andt c6n- serving ser-i the govem- the causes: nish match ; unprofitable sty witli law, residentships in one man ; king's hous- •e made the OF pensions, was out of if Henry IV. out of debt. iiet, apparel, jultiplicity of the king, tliat nnder- r's house to th sir Lionel hopi-boys be green ''> ^'^..-.- -ii'-vf ^ ' >'S1II nOBERT GOTTON, ^^ I "'^' ^'^^ (The famous Anti^uanJ,) ' ^"f^ Was borii l'570, and died ifisi. He was made a baronet by James h and was tftie'bf the opposition party in the time pf his successori The speech ;A^hich follows was orcasiuned , by, some ott'^oce t^keii - by the court ^t the severe reflection^ cast upon the duke of l^uckineham in the, house ' of .'cummons! It i^, aS one niighi expect, learhed, fill of facti and authorities, containing matteri * WkicbhO ddubt were; thought to be of great weight, land .moment* -two -uib ), ! tUO k-V^if^W^-s Mr, Speal^er, pp^H '^e constant wisdom of this house of cpmnip^s dic( well and worthily appe^u-, in censuring •This mode of e ,, , , \..S>,i^ii\\'^ , f . , ; expression seenis, natural enough to any one who was familiar peukcr, so long as those attended about our late sove- reign ninstor, now with God, as had served the late ipicen, of tiappy memory, debts of the crown wer^ not so gix'rtt ; commissions and grants not so often com- plained of in parliament i trade flourished; pensions not so nwnv, though more than in the late queen's lime* for they exceeded not 18,000^1, now near 1 fi6,{)00 /. ; all things of moment we«pe carried by pubKc debate at the council table; no honoure set to sale^ nor places of judicature; laws against priests and recusants were executed; resort of papists to ambas- sadors' houses barred and pimished ; his majesty by daily direction to all his ministers, and by his owlrt pen, declaring his dislike of that profession ; no M'aster ful e\(^>ences in ^iiitless ambassages ; nor any transcend-<< ent power in any one minister. For matters of state, the council chamber held up the fit and ancient dignity, , > enchbg ao eiicouraf^ > present : No^, Mr. late sove- id the late 1 were not )ften com- ; pensions te queen'i now near by public et to salcj •ricsts and to ambas* najesty by ' his owtt no M'aster transcend'!' 5 of state, nt dignity, A. D. 1&15.] sift HdBERVddffoir. • # So long as my lord of Somerset stood in state of grace^ and had b^ his majesty's fkVour the tru^t of the signet 8(6at, he ott Ivotild glory justly, that there pfLssed neither to himself or his friends any long grants of his highncsd*s Iknds or [)ension^. For of that which himself had, he paid 2(^()00/. towards tlie itiaiTiage portion of thti kinj^'s (laughter. His care was to pass no monopoly oi^, illegal grant; t^nd that some mc^mbers of this house cah Mrii!n<)S8 by his charge imtb thtein. No giving way to the sale of honours, as a breach upon the nobility (fot^ such were his own. wot'ds), rdfbsnjg sir John Roper'^ office, then tendered, to procure him to be made i baron. The mhtch with Spt'ih thien ofibrcd, (and witf^ 4:ondition to require no further tolei'ation in religion thfiCtj Ambassadors hcr^ are' allowed) he, discovering ' xhH double dealing and the danger, dissuaded his majesty froni; andlteShim so faf in distrust of the faith of tha^ king, «nd his great ifistruihent Gondomar, then hercJ residing, tliat his majesty did term him long time ahe^ ^ Juggling Jack. Thus stood the eftect of his power withnflis majesty when' the clouds of his misfortune' ifd! upon him. What tlie future advices led ill, we may Well; rfemember. The mrihiaj^ with Spain wa^ a^ainl reh^wed ; Gondomar declared an honest man ; popery heat-tened, by employing suspected persons for condt- tions of conveniency; the forces of his rtajesty in the Pidatinate withdrawn, upon Spariish faith improved herte and believed, by which his highness's children have lost their patrimony, and more money been spent in fruitless ambassagcs diaii would have maintained all army fit to have recovered that country ; our old and fast allies disheartened by that tedious and dangerouS^ treaty; and the king our now master exposed to sO great a peril, as no wise and faithful council would evef have advised : errors in government, more in misfortune by weak counsels than in princes. « i < ^;4 The loss of the country of PoyntoU m l^-ance, w^ laid to bishop Wickham's char^ in the first ot Richard m I srn i^<^)B^RiT COTTON- [a.d. XB^^i II. for persiv^ding f; Suffolk, h anqthiu i a^udge4 t. I ' I. treasure. lave heeu the t^e^ Vlpre now f tlie best 3nder was j^8;Wemy thiat he lers, such e w^sthe the sell' niber, in er did) majaunvi coronam ^ingUa^ the crown of Englimd. To dmw you mit to the life thi) image of fonnei kings cxtrcinitieH, I will tell you wlmtl found (mice th» asMenibly nt Oxford^ written by a reverend nuin, twice vicc-chancell )r of this place; hia numt^ was Har^coiitn; a man Umt saw tlie tragedy olf De la Pole. I Ir iclks yon, ; Ihut the revenues of the crown M'evti 8o rent away bv ill couiiaet, that the king l^a^ entoreed to live dc tallui^'w popull ; tliat the king was grown in debt auiviiw ccntma millia lihrarum} Uiat his great fa\ ourito, in treating of a tbrcign mai < riage, luid lost his ina.ster a foreign duchy ; that to work his ends, lie hud caused the kmg to adjourn the par- liament in viUis et reinotis partihm regni, where few people pi'opier defectum hmpitii et victualium, could attctid; and by shilling that assembly fi'om place to place, to infurce (I will Uvse tlie author s own words) iiios paucot qui rttnattebant de commuiiitate regtiii concedere regi qtimfwk pessima. When the parliament endeavourcii by an act of resumption, the just and fre- quent way to Repair tlie languishing ^itate of the d'own (for all from Henry III. but one, till the 6 Henry YIII. have used it), this great man told the king it was ad dedecui regut^ and tbrced him frani it : to which the commons answered, although vexati laboribut tt &r« pentis nunauam coucedtiTfit ttkvam regi^ until by authority ot parliament rcmmeret actualiter oiUmia per* thttntia cororue Atigiue ; and that it was magis ad dedccus regis^ to leave so many poor men in intolerable want, to whom the king stood then indebted. Yet nought could all good counsel work, until by parliament that bad man was bani^ed; whicli was no sooner done, but an act of resumption followed the inrollment of the act of his exilement That was a speeding (rtjcle against the bishop of Winchester and his brother. [a.d. I6t5i ▲.!». l6f J.] am ROflFRT COTTON. H I was in the [) ^awn (a« r/i coronam u mit to the wili tell you i written by this place; B trngcdy of [iue8 of the lat the king lat the king I librarum; on?ign moi*- :liat to work rn the par- where few i/irim, could ni place to Dwn words) tate regnii parliamerit ist and lire* f the drown Henry Ylll. it was ad which the bus tt AT* until by omnia pah" magii ad intolerable bted. Y^t parliament no sooner J inroUinent a speedhig his brother, in the time oi RdwnrrI III, thut they had engrossed the person of the > n\\t, from iiio other lords. It was not forgotten again.^t i rtiVf»«ton and Spfncer, in the time of Kdward il. 'y\y^ ui)ljii.ppy minititors of Richard 11. Henry VI. and Edward VI. felt the weight, to their ruift, of Itite like crrorH. I hope we shaH not coiftplinn ill bfirhumcnt again of such. • 1 am gUd we ,iiavc neither just cause or un4utiful dnpoSitiom to appoint the king a counsel to redress those errors in ptofliamcnt, as those 4« Henry III. We (te not deshie", as 5 Henry IV. or 29 Henry VI. the removing from about the kmg any evil counsellors : we do not request a choice by name, as 14 Edward II., 3, 5, 11, kichflrd II. 8 Henry IV. or 31 Henry VI. ; nor to swear t)icm in parliament, . jis 35 .Edward L 9 Edv/dt^ If. ttr 5 Richard H.^ or to lih^ th^m out their directions of rule, as 43 Henry III: And 8 Henry VI. J or desire that which Henry III, did i(>i*onri8e in ! his 4Sd, Veai*, se acta omnia ftr aosmsum magnatum dt cdnciho xu(f eleciorum et sine eorum assensu nihil t Vie ohiy in loyal ddty offer \if> our humble desires, that since his majesty hath with advised judgment elected ' so ^^'^8fe, teligious, and worthy serVants, to attepd him • in tha^ high employment, he Will b^ pleased to advise with tlieni togctlier a way of remedy for those disasters iri the state, brought oh by Ibng sccunty and hajppy peace^ ^ and tiot be led with young ancl single counsel. ^^ " -f.infri:->.'ii">l)ii;'.)d,^0.-:;i«iif> ■■.■•■ m ico) f jOO^^ i M\r. .(M^^m^^ J III Ml DUKE W^ftucKiNGrfj^iii. (a.^: l6i$i T» ! - >mi) »jft rii (Creaitd Duke of Buckingham, htf James t.)^ '■ gEORG&VJXLI 'J. ,1592, and waj^ as^afisina^d by, Fulton i|f 1$^8/. It 19 it he bad originaily but an indifferent education. Pei^apa . ii ■ 1 .1. it • ■ >' > ■ ' • '.J » ■ • ' *" ' ' '•'« ^ ■ ' Was born said that it w^ owing to this that there is more ea6e ^d ^ivaci'^^ and |e88 pedantry, in the stile df his' speeches, than in those of most of his cotemporaries. We cw iheirdly act»unt for it>h'om his having) been privately tatqred by king James the.#ir»t. ^he subjeot, uf thefoUowmii speech was the war with Spain< and recovery of the Pollinate. , ' ' ^ ' ^> ■ ,.' I.- .n.'. > . '-■ . . . ' ,.;,:=, lau'i!' " I ...n*r'i ; .■■■ mW \ ■) /^lyW'M-^ M l)*tmhfJHn' i?^'^ If AT^tn^nrst^aadlast tivjie be h^a the t^onour to i^pqalf:^ ip this 8^i(Jf|ioryi,«it was da |he same business; ai^dt^eii^^ was so happy as tp be hQi^oured and. appl«|jud|^(| by hm houses: and, ^e made npiqupstioi^, but, speaking witlit|j^ same hearty Ai^d.pn the s^nie business, he»,shpuld be^ sf>^ bow: i(^\\ii, they looked )upon the change ©^ affa^s.jjj^ Christendom, i^ey could npt think it lessmaii a aiiraqj^, that the kingpf Spain was, sought and cpurtecl by aU ttje world J he yvasjo^ecome master ^['theVaitoline; hp4brol«} ail Germany in pieces, and^^as possessed of tiie .^ajati- nate. Tlie pnnces of Germany were weak, and not aJblef to resist; ^nd by reason of his master s neutrality, cause^ by a treaty, he kept all otlier kings and princes in awe. Now, on the contrary, tlie Valtoline is at liberty ; the war is proclaimed beyond the Alps ; the king of Denmark is in arms, with 1 7,000 foot and 6000 horse, besides commis- sions to make them up 30,000; the king of Sweden is also interesting himself; the princes of the union are revived ; the king of France is engaged against Spain, and for that purpose, having made peace with his own subjects, had Joined and confederated himself with Savoy and Venice. Why should not he, therefore, hope for the same success, considering that, since the time of his last speech to both T. A. D. 1626.] DE. JOHN WILLIAMS.: u houses, there was not one action, c: a thought of his, that teveUed at any other than one and the same object, which WAS to please tlteir desires? If he should credit all rumours, whidh he would not do, he should speak with some confu-* aion of fear to hold the same place he ibrmerly did in , ttieir affections: but, having still the same virtuous am^ bition^ and considering his own heart to the king and stAte». he could find no cause of altera^on, Jb^t. was /aU cbui^igc and coniidenicei i\ !;/h•"?f^ : i^-i'-i^r'-n ;!*t'^?"'**H i^-i'^pMn ) Here liie duke made a request to the house of commons, that if any man had spoken or should $peak any ^oiag im^ discharge of his conscience, zeal of reformation, or love to his country, which may seem to reflect upon some parti- cular perscms, he may be the last that shall apply it to hnn^ self ; because he is confidently assured of two things ; firs^ that they are so just as not to fall upon him without causoi who was so lately approved by them ; and secondly, that l^imseif shall deserve nothing thatshaU misbecome a fiuth- ful Englishman. i:.":' ■,,:lfft^-", '•)'.-y*r#^nrt' The Lord Keeper's Speech flMm -^fuib^ui My lords, and you the knights^ citizens, and burgesses of the house of commons: You are here assembled by his. ipfijesty's writs and royal authority, to hold a new par-; .!«; Ill' ' 14 \ DR. JOHN WILLIAMS. [a.D. iGt&t liamcnt, the general, ancient, and powerful council of this renowned kingdom: whereof it' we consider aright and tliink of that incomparable distance between the 8U<* preme height and majesty of a mighty monarch, and the submissive awe and lowliness of a loyal subject, we cannot but receive exceeditig comfort and contentment in the frame and constitution of this highest courts wherein' no ughtsupOA assembly ;i randgr^t^i cnowledge, veth us to ofassem- (inherent) lis prince- accounted in; and of ice that he know and IS his daily rcession to j[uenccs of sion to Ills ood of the and future oice at the > the roya^ lemidstof ; dear and' rqyal m»^r, in tJie very first consultation with Uib, privy cpifi^pt wa^r^plved to uieet iiis people k^ pa^lia^uent: and; no soqj^^r did tlie heavy hand of that destroying angel^ forb^i^' tjipse deadly strokes, which for; some tiiue did( ^i^e t^ plaee inaccessible, but his ma^sty presently rerr. solye^ tp recall it, and hatli now brought yoi^ together^} and ifi a (lappy time, I trust, to treat and consult wiUi>unii form desir^^ and united ^titections, of those tliifigs tiliat concern the general good, y/oj h* idsavi .1 Anjd, jHOw ()eing tlms assembled, his majesty hatli com*, ijoanp^d me to let you know, tliat his love and afieption to; the public moved nun to call Uiis pai'liumenjt; axuik>oku^ j^to thed^ng^i^) &Q<^ the spreading gftha^ late niortality^ ^nd weighing the multitude of his majesty's pressing 9CC)ii> sions^ an4 urgent affairs of state, both at home mi^ abroad, much unporting the safety and state 0^ this kingr^ dom,^ the $pune atiection that niovt^d hini to call i^t,. djoSi^ forbid him to prolong the sitting of this parliament:' /aniljt therefore his majesty, resolving to coniine this/im^etwgi to a short time, hatln confined mc to a $hoi;t; erra^wl ; »ni. that is, that as a king, most agreeaibleto the kingly offic^ to the e}^8^plp of the best times and to the frame of nu^ dem affairs, his majesty ht^tli called you together toi^ consult and advise of provident and good laws, profitable for the public, and fitting for the, present times aad action^ ; for npon such depends the assurance of Vehh; gion and oi justice, which are the surest pillars, and. buttressqs of good government in a kingdpni : for his majesty doth consider, that tlip royal thro^ie,. on, which God out of hb mercy to us hath set him, is the foun- tain of all justice, and that good laws are the streams and rills by which the benei^t and use of this fountain 4s dispersed to his people. And it is iiis majesty's care and study, that his people may see, with comfort and joy of heart, that this fountain is not dry, but they and tlieir posterity may rest assured and conhdent T" mm ■isr * The plttgue. yvnv H. # m la \ PR. JOHN WILLIAMS, ' [sAi.'fcl. 1626". in his time, to receive as ample benefit from this fountaiil) by his majesty's mercy and justice, as ever subjects did irr the time of the most eminent princes, amfongst his noble progenitors ; wherein, as his majesty shews himself most sensible of the public good, so were it an injury to this great and honourable assembly, if it should be but doubted, that they shall not be as sensible of any thing that may add to his majesty's honour, which cannot but receive a high degree of love and affection, if his ma- jesty, succeeding so many religious, wise, and reno^vned princes, should begin his reign with some additions untcr those good laws which their happy and glorious timeaf ^ave afforded : and this his majesty hath caused me to desire at this time especially, above others^; for his ma- jesty having, at his royal coronation, lately solemnized the sacred rites of that blessed marriage, between his people and him; and therein, by a most holy oath, vow- ed the protection of the laws and maintenance of peace, both to church and people, no time can be so fit i6r his-majesty to advise and consult at large with his people as at this present time, wherein so lately his ma- jesty hath vowed protection to his people, and they have protested their allegiance and service to him. This is the sum of the charge which I have received fipom his majesty to deliver unto you, wherein you see his nSajesty's intent to the public; and, therefore, his de- sire is, "that, according to that conveniency of tintje, which his affairs may afford, you will apply yourselves to dispatch the business of this parliament. . " . ,™;;- . , ..., ... ,......, .^i«> iya iJf»0 -.^."'■'S:; 1% wi'Jt * •r- A.D. I626.] SIR HElfEAOE FIKCH. 17 SIR HENEAGE FINCH Was recorder of London. I have given his speech on being chosen speaker, as a curious instfuice of the flowery stile then in vogue. It is full of far-fetched thoughts^ and fulsome compliments. Since it hath pleasfed your majesty not to admit isiV humble excuse, but, by your royal approbation^ to crown this election, after my heart and hands first lifted up to God, that hath tims inclined your royal heart, I do render my humblest thanks to your majesty, who are pleased to cast so gracious an eye upon ^0 mean a subject, and to descend so low as, in a service of this importance, to take me into your princely thoughts : and since we all stand for hundreds and thousands, for figures and cyphers, as your majest^r the supreme and sovereign auditor shall please to place and value us, and, like coin to pass, are made current by your royal stamp and impression only, I shall neither disable nor undervalue myself, but with a faithful and cheerful heart apply myself witli the best of my stiength and abilities, to the performance of tliis weighty and public charge; wherein, as I do and shall to tlie end most humbly desire your gracious acceptance of my good intentions and endeavours, so I could riot but gather some confidence to myself that your majesty will look favourably upon the works of your own hands. And in truth, besides this par- ticular, these public things, which are obvious to every understanding, are so many arguments of comfort and encouragement; when I contemplate and take a view of those inestimable blessings, which by the good- ness of God we do enjoy under your majesty's most ' pious and prudent government. VOL. I. c ^ ^'"-^^^ 'mT'iiBitrjifi^fiw * V •Jls SIR IIENEAGE FINCH. [a.D.1626. If M'c bchoUf the frame and the face, of the go- vernment iii fjencral, we live under a,' monarchy, the best of governments, the nearest resemblance unto tlic divine majesty Which the earth affords, the most agreeable to nature, and that which other states and republics do easily fiill and reverse into, as the ocean, and are naturally dissolved, as into ^their primam materiam. Tlic laws by which mc are governed are above any value my words can set upon them; time hath renncd and improved them: they are efiual at least to any laws human, and so curiously framed and fitted, that as we live under a temperate climrtte, so tlie laws are temperate, yielding a due observance to the prerogative royal, and yet preserving the ridit and liberty of the subject ; that svhich Tacitus saith of two of tlie best emperors. Res olim inauciabiles fnis^uertint, impermm et liber tatem. ^nd so tar is this from the least diminution of sovereigns, that in this your majesty is truly stiled Pater Patrio', ^nd tlio greatest king in the world ; that is, king of such and so many free-born subjects, whose persons -you have not only power over, but, which is above the greatest of kings, to command their hearts. If time ^ or corruption of manners breed any mists or griev- 1 ances, or discover any defect in the law, they are soon * reformed by parliament, the greatest court of justice, ^ and tlie greatest council of the kingdom, to which all pther courts and councils are subordinate. Here your royal person sits enthroned in the state of majesty, attenc^jd by a reverend and learned prelacy, a great ^nd full nobility ; enthroned like stars in the firmament, some of a greater, some of a lesser magnitude, full of light and beauty, and acknowledging to w hom thfey owe their lustre ; and by a cliioice nrrnii-. of worthy knights and gentlemen, that represent the whole body of your ^■comnions. But to^ leave generals ; we live not under a monarchy duly, the* best of governments, and under a government the best of monarcliieSi biit linder a king A.b. \$fi6.] 8tR HENEAOC FINCH. t9 tij« best of monarchs, your rpyal person, whose eminent graces and virtues, which are inherent in your person (in iVhoni greatness and goodness contend for supe^ riority) it \yere presumption in me to touch, tiiough with never so good a meaning ; they will not be bounded within the narrow compass of my discourse^ And such pictures of a king are not to be made in limning, but ftQm public things and actions which the least eye may see and discern ; and in them, obliquely and by reflec< tion, chieerfuUy and witli comfort, behold your person^ ; What age shall not lecord and eternize your princely njagnanimitips in tliat heroic action or venturous journey into Spain, or hazarding your person to preserve the kingdom ? Fathers v, ill tell it to their children in suc- cession: aliter-ages will then tliink it a fable. Your piety to tb^ memory of your dear father, in tbllowing and be^^wing his hearse with your tears, is full in . every wan'^ memory. The public humiliation when God's hand lay heavy upon us, and the late public thanksgiving to Almi^ty God hr removing his hand, both i:;omn)andiBd and performed in person by your ' majesty, is a work in piety not to be forgotten ; and I trust H^e jLprd will remember them, and reward them wiidi mercy wd blessing to your m^esty, and the whole Iqngdom. Your love to justice, and your care in the adminii^ation of justice, we all behold with comfort, aod rejoice to see it : the great courts of justice, from th)B highest to .the lowest, fiimished with judges of that wisdom and gravity, leaining and integrity. The tb^'opes of kings are established by justice ; and piay it establish, and X dojubt not J^ut it wi^l establish, the throne of your majesty in your person, and in your royal line, to tJie end of time. But above all, and indeed it js above all, as &i' as heaven is distant irom the eartli, your care and zeal for the advancement of - God'd ,true reli^on and worship, are dearly and fuhy ex.prest, as doth $.ppear both in your person and by yout ^ {>ublic acts and edicts. It is true, that it is :^aid oi c'2 .t'j'-/. ' ^ sift IIFNEAGK rrNCif. [a. tt.*l(>2(?. M princes, quodfaciuntprdcipiimt; of your inajosty botli we true, and a proposition iriucic convertible. Wc liavo received a most gracious answer from your nm- ksty to oil our late- petitions concerning religion, seeontled with a public declaration under the great seal, and enrolled in all the courts of jut*tice, for Y'>»n' royal pleasure, and direction to aiwakt n and put life into these laws by a careful execution, with provision that the jienaltics be not converted to your private coffers ; and yet the cotVers of the king ai'c not private coffen^, but, by your express diiTction, set upait to public uses, such as concern the immediate defence of the kingdom, wherein we all have our shai'c and interest. Your roval proclamation hatli eomuuuuled those Romish priests and Jesuits to banishment ; those incendiaries, that infect the state, of this church and commomvealth. Their very enti'attec into this kingdom is, by a just and provident law, made treason ; their aims being in truth, (how specious soever their piX'teneeR be) nothing else but to plot and contrive treason against the state, and to seduce your natuml born subjects from their true obedience, nourishing in tlieir posterities factions and setlitions ; witness those many treasons and conspiracies against the pei'son of that glorious lady, whose memory will never die; and that horrible matchless conspiracy, the powder treason, tlie master-piece of the devil. iJut (ioti, tliat pa^served her and your royal father »igainst all tlieir treacherous conspiracies, and hatli given you a heart to honour him, will honour and preserve ybu : religion will more tiuly keep your kingtloms, than tl)e seas do compiiss tJieui. It is tlie joy of heart of your majesty's loyal and well afiected subjects, and uill ever be tlie honour of your regal diadem, and the crown of yoiu* crown. The Spanish invasion in 1.588, I hope will ever be remembered in England, with tliankful acknowl(Hlginent to God for so givat a deliver- ance ; imd I assure myself it is remembered in Spain, but witii another mind — a mind of revenge : they are jrsty i)oth ible. Wc your lua- - 'religion, great neal, /()»n* royal into the»u that the fters ; and >ffcn*; but, ibiic uses, I kin(];(lbm, ist. Your c Romish ccndiaries, fiomvcalth. a just and g in truth, )thing else state, and their true ctions and onspiracics se memory :onspiracy, the devil. )yal father hatli given i preserve Ion 18, than heart of ejects, and ki, and the n in 1588, and, vith t a deliver- in Spain, they are A. D. 1646.] silt HKNEAGE FINCH. f> too constant to their counsels to acf|uit their resolutions and purposes that drew on tliat attempt. It was long l)efore discovered, and since printed, not without their liking, that thev affect an universal monarchy. Fiddor mhi videre (saith Lipsius of their state) svkm oricntem ab occidente ; a monster in nature. And -one of their own, speaking of the two great lights which God had placed in the imminent, makes the pope luminare mqjm, preesidens urbi ct orbit and the king of Spain luminare minus ut subdetur urbi et domtnctur per totvm orbem. A great flattery, and a bold and im^ pudcnt allusion, l^ut I trust, as God hath put it into the heart of your blessed father, by the matchless book of his, written to all christian monarchs and princes, (a work, by which he raised a monument to himsclif more lasting than marble) to denounce war to that adversary of God and kings, the pope ; so hath Mq set your sacred majesty upon the throne of your fatlier^ to do as many things Morthy to be written, as he Jiad written things wortliy to be read: amongst tlieiii to resti'uin tliat unlimited pride and boundless ambition of Spain, to reduce it to their proper current and channel; who, under tlic title of catholic king, makes his prle- tence to more countries and kingdoms than his own, and by colour of disguised treaties he invades thio Palatinate, and dispossesseth the incomparable lady your royal sister, and the children of this kingdom, of tlieir right, and their ancient patrimony and inheritance, to the discomfort and dishonour of this great and glorious nation. God in his mercy soon repair tins breach by your royal hand; and I assure myself, the hearts, tlie hands, and tlie purses of all good subjects, will say, Amen. ' • , ^ . ., iij •) :■*;;- a'wr .'-:■*«:.?*-■ i- - .- (.'.V*'*" 1 .^1; -' I >. it **' lift. SKLDtN. [A. D. mG. ^nfrSf-rn' :^i';-r JOHN SELDEN, (The wetl-known Author of Table-ifalk, and Qthe^tporki :^^ o/greit Ifarning,) Was hotrt it) 1584, and died in 1654. He was member at difft^ent titne8 for Great Bedwin, in Wiltshire, and Lancusbire, an4 through ^'ttis ^bpl|B lilea ptrepupus oppositionist, fir ttk MB Mu. Seldcn fepoke trext in this debate, viz. oh the im* peachihent of the duke of Buckinghain, and argued, That the question was only, whethc r this house may proceed to transmit to the lords upon common fsunc ? and surely they might, elsp ho great niah shall be accused by aAy particular, for fear of danger. The faults of the gods w«re hot to be told, till the goddess Fame was born; de eo fnale audit ur, is put into indictments for murder. That this course of accusation was held in ajl the courts of Christendom. That tlies' cases were to be ruled by the law of pai*liaments, and not citl^er by the common or civil law. In the case of the duke of Suffolk, (!28th Henry VI.) there wtis a geneitil rumour ^ttd npise of grcfttt offerices done against the state. The coptimons, taking notice thereof, acquainted the Lords with that general rumour, praying them, he might be ctymmitted to the tower ; i^hidi the lords, upon consultation with the judges, refused, because the charge was only ge- ^ral : hereupon the commons instanced, in one par^ ticnlar, that the French king was ready to invade the Ikingdom, tlwou^ his default ; whereupon he was pre- senfiy committed. In the duke of Somerset's case^ (29 Henry VI.) there was the like clamour upon common parties complained of were removed frpin tiieir offices f^c "r*» "ssr- •.VH-. . D. iGficr. A. ». 1626.] BISHOP WILLIAMS. 23 fitn t.. • I hetworki u Br at difftt-ent an4 througl) on the im* id argued, house may feme ? and used hy arty 5 gods were K)rn ; de eo hder. That e courts of lied by the JOmipon Of Folk, (28th id npise of ' coinmons, with that committed tation with s only ge- tn one park- in vftde the e was pre- •set's cascv m common loyed fypni The following speech I have thought worth preserving, as \t pretty clearly shews the rclatjon wliirh at this time wa» iindtr«t(jDit to mibbist, and th« tune that provaikd, between the king and k}s purliuinent. ti !'; The Lord Keeper /Vtlliamis Address t& both Houses'". Mr lords, and you kniehts, citizens, and burgesses of the house of commons : You are here assembled by his majesty's command, to receive a declaration oi liis royal pleasure ; whicli, although it be inteiidcd only to Che house of commons, yet iiis niajesty hatli thought meet, the matter being of great weight and importance, it should be delivered in the presence of botli houses, ar^l both houses make one general council; and his majesty is willing that the lords should be witnesses of l^e hc^our and justice of his resolutions ; and thcreforp tlie erraud which, by his majesty s du'cction, I niiist deliver, hath relation to the house of commons. I must address my- self therefore to you, Mr. Speaker^ and the rest of that house. C; And first, his majesty would have you to imderstmid, that there was never ^y king more loving to his pcopfe, or better affectioned to the right use of parliaments, than his majesty Iiath approved himself to be ; not only by his long patience since die sitting down of tliis parliament, but by those mild and calm directions, which, fiom time to time, that liouse bath received by message and letter, and from his royal mouth, when tiie irregular humours of some particular persons wrought diversions and dis- tractions there, to the disturbance of tJiose great and weighty affairs, which the necessity of the times, the honour and safety of the king and kingdom, called for. And therefore his majesty dotli assure you, tliat wUen •.^i9i .:/:■ BtSIIOF WILLIAMS. [A. D/ 1626. these great affftirs arc settled, and tliat his majesty hath received sati^fuctiun of liis reasonable demands, he will, as a juHt king, hear and answer your just grievances, which, in a dutiful way, shaU be presented unto him ; and this his majesty doth avow. Next, his majesty would have you to knov/ of a surety, that as never any kmj:; was more loving to his people, nor better afl'cctioned to the right use of parliaments ; so never king was more jealous of his honour, nor more sensible of the neglect and contempt of his royal rights, which his majesty will by no means suft'er to be violated by any pretended colour of parliamentary liberty ; where- in his* majesty doth not forget, that tlic parliament is his council, and tlicrefore ought to have tlie liberty of a council ; but his majesty understands the difference betwixt council and controlling, and between liberty and the abuse of liberty. This being set do\\n ih general, his majesty hatli commanded me to relate some particular passages and proceedings, whereat he tinds himself aggrieved. First, Whereas a seditious speech was uttered amongst you by Mr. Coke, the house did not, as tliey ought to do, censure and correct bun.. And when his majesty under- standing it, did, by a msssage by Mr. Chancellor of the Exchequer delivered to the house, require justice of you, his majesty hath since found nothing but protracting anc| delays. This his majesty holds not agreeable to the wisdom and tlie duty which he expected from the house of commons. Secondly, Whereas Dr. Turner, in a sti'ange unpar- liamentary way, without any ground of knowledge in himself^ or offering any particular proof to the house, did take upon him to advise the house to enquire upon sundry articles a|;ainst the duke of Buckingham, as he pretended ; but in truth, to wound the honour and go- vernment of his majesty, and of his renowned father : and his majesty, first by a message, and after by his own royal nioutli, did declare, tliat the course of en- A.D. I6i26.1 BISHOP W1LLIAM.S. Hf qiiiry was an example, which hy no way he could sufi'or, though it wcrn against hi8 nicancHt uervant, much less aguini one so ntur hiin ; and tliut his majesty did nuich wonder at tlie foolish insolency ot' any man that can think, that his miycHty should he drawn, out of any end, to oH'er such a sacrifice so unworthy of a kin^ or a good master ; yet for all this yon have been so fai' from cor- recting the insolency of Turner, that ever since lliat time your committees have walked in the steps of Tinner, and proceeded in an unparliamentary inquisi> tion, running upon generals, anil repeating that wliercor' you have made fame the grountl-w ork. Here his ma- jesty hath cause to be exceeding sensible, that upon every particular, he iinds the iionour of his father stained and blemished, and his own no less; and withal you have manifested a great forwardness, rather to pluck out of his bosom tliose who are near about him, and whom his majesty hath cause to afi'ect, than to trust his majesty - with the future reformation of these things which you seem to aim at : and yet you cannot deny, but his ma- jesty hath \\rought a greater refoiniation in matters of religion, execution of the laws, and concerning things of great importance, than the shortness of his reign (in whicJi he hath been hindered, partly tluougli sickness, and the distraction of things, which we could have wishcHl had been otiierwise) could [iroducc. Concerning the duke of Buckingham, his majesty hath connn^nded me to tell you, that liimself doth better know than any man living the sincerity of tJie duke's proceed- ings ; with what cautions of weight and discretion he hath been guided in his public employments under his majesty and his blessed father ; what enemies he hatli procured at home and abroad ; what peril of his per- son, and hazard of Ids estate, he ran into for the service of his majesty, and his ever blessed tather ; and how forward he hath been in the service of this house many times since his return from Spain : and tiierefore his ma- jesty cannot believe that the aim is at the duke of Buck- m ^ BISHOP WrlLiAMS. [a.^. 16£(J. itigham; but findeth that these proceedings do directly >vound the honour and judgment of himself and of hia father. It is therefore liis hiajestj^'s express and final commnndment, thut you yield obedience unto those di« ^ rections which you have formerly received, and cease tliis un(^arliaThcntary inquisition ; and commit unto his majesty's care, and wisdom, and justice, the future refor- mation of these things, wliich you suppose to be other- wise than they should be. And his majesty is resolved, that, betbre the end of this session, he will set such a com-se, both for the amending of any thing that may be tbund amiss, ^nd tor the settling of his own estate, as he doubteth not but will give you ample satisfaction and comfort. Next to this his majesty takes notice, that you have suffered the sneatest council of state to be censured and traduced in the house, by men whose years and education cannot attain to that deptli ; that foreign businesses have . been entertnined in the house, to tlie hmdrance and dis- advantage of his majesty's negotiations : tliat the same year; yoa, the first day of his majesty's inauguration, you : suifercd his council, government, and servants, to be paralleled with the times of most exception : that your committees have presumed to examine the letters of se- cretaries of state, nay, his own, end sent a general war- rant to his signet office, and commanded his officers not only to produce and shew the records, but their books and private notes, which they made for his majesty's service. This his majesty holds as unsuffisrablc as it was in former times unusual. ^ Next, I am to speak concerning your supply of three N subsidies and three fifteenths, which you have agreed to -tender to his majesty. You have been made acquainted witli the greatness of his affairs, both at home and abroad ; tvith the strong preparation of the enemy; with the im- portance of upholding his allies, strengthening and secur- ini: both England and Ireland, besides the encountering and annoying the enemy by a powerful fleet at sea ; and i do directly f and of his \B& and Anat ito those di« 1, and cease mit unto his future refor- to be other- r is resolved, 11 set such a that may be estate, as he sfactionand lat you have censured and nU education sinessoshave nee and dis- at the same juration, you vants, to be ti: that your letters of se- general war- is officers not i\T books and aty's service, ras in former pply of three ive agreed to le acquainted ! and abroad ; with the im- ng and secur- encountering t at sea ; and X.t), 1026.^ JBlfeHOi^ t^ILLIAMS. '^^ fche chir^ of all this lldVing been calculated ^itii6 foijil you hftvie pk*ofessed tmto his majesty, by tlie mouth of your " speaJker, ytiu^ carefulness to support the cause wherein Ms tti8i)esty attd his allies are justly engaged; your unani- mous i^Ohsent and real intention to supply his majesty ^ in such A me^jsure as should make him safe at home, ^hd feared abroad; ahd that in the ilispatch hereof, you would use such diliucnee' fih his majesty's pressing and present pcciasiofts di5 reejuii*. And now, his majeisty having erected a proceeding suit- able to this engagement, he doth observe that in twd days only of tv^felve fliis business was thought of^ and: not begun tttl his m^esty by a message put you in mind c? it, whilst your inquisition against his majesty's direction, proceeded day by day. And, for the measure of tins Supply, his majesty find- eth it so far from mkking himself safe at home, and fetttd atj^oad, as contrary wise, it exposetli him both to danger and diiesteem; for his majesty cannot expect^ without better help, l«it that his allies must presently disband, and l^ve him alone to bear the fury of a provoked and powerltil enemy, so as both he and you shall b0 unsafe at home, and ashamed and despised abroad, Ahd fol- the mrinnerof the supply, it is in itself very dishonourable, and full of distrust; for although you have avoided the literal word of a condition, whereof his msyesty himself did warn you, when he told you of your parenthesis ; yet you have put to it the eft'cct of a condition, since tlie bill is not to come into your house Hjitil your grievances be both preterred and answered. vV No such tiling was in that expression and engage- ment delivered by your speaker, from which his majesty hojdeth that you have receded both in matter and man- • ner, to his great disadvantage and dishonour ; and there- fore his majesty commandeth, that you go together, and by Saturday next, return your final answer, what ftir- ther supply you will add to this you have already agreed jBn ; and that tp be w ithout condition, either directly or S8 DUKE or BUCKINGHAM. [a.D. 162^. indirectly, for the supply of these grefll andlni^JdrtaJit atVairs of his nmjesty, which, for the reasons formerly made known unto you, can endure no longer delay. And if you shall not by that time resolve on a more ample supply, his majesty cannot expect a supply this way, nor promise you to sit longer together : otherwise, if you do it, his majesty is well content that you shall ^it so long as the season of tlie year will permit, and doth assure you that the present addition to your supply to set forward the work, shall be no hindrance to your speedy access again. 1^) His majesty hath commanded me to add this, that tiierein he doth expect your cheerful obedience, which will put a happy issue to this meeting, and will enable his majesty not only to a defensive war, but to employ his subjects in foreign actions, whereby will be added to them both experience, safety, and honour. ,x Last of all, his majesty hath comhianded me, in ex- planation of the gracious goodness of bis royal inten- tion, to say unto you, that he doth well know, that there are among you many wise and well-tempered men, well affected to tlie public, and to his majesty's service ; and that those that are willingly faulty are not many: and for tlie rest, his majesty doubteth not, but, after his gracious admonition, they m ill in due time observe and follow the better sort, which if they shall do, his ma- jesty is most ready to forget whatsoever is past. The Duke of BuckingUams Speech on being accused before the Home ofLordu*. My lords, If i hold my peace, it will argue guilt ; and if I should Speak, it may argue boldness; being so foully accused. Your lordships see what complaints are made against mc, by tiie house of commons; how well I stood in their opinions, not long since, your lordships know: and what f'Mi r See page 12. iniBh^fi", ?f3 A.D. iGSiJ.] DUKE OF BUCKINGHAM. 29 I have done since to lose their good opinion, I protest, I know not. I cannot so distrust my own innocency and heait," which abhors guilt, as to offer to decline any course or court of justice; and, had they not brought my cuuse to your lordships, I so much trust in the justice and equity of this house, that it should have been my work to have done it; so as in tins, only, they have done me a favour, to deliver me out of their hands into your lordships'. And now, my lord?, whilst I protest mine innocency, I do not justify myself from all errors, as if I was an angel amongst men. 1 know very well, that oiliccs and places of high trust and eminence, may be discharge^ by men whose abilities are better than the best of mine, and still the management of them may lie open to exceptions. The king and the state shall have few to save them, if for their favour, if for their reward of service, if for every particular that may happen in the success of things; for doing things better than some could Mish ; for re- fusing to do all they wish ; they shall be given up in the time of *.ieir masters' wants, for a giievance or a sacrifice. For, this I shall confidently speak, from such crimes as truly deserve punishment from the statt I hope I shall ever prove myself firee, cither in intention or act. My lords, I speak not this arrogantly ; nor m' ill I speak any thing else to cast dirt at tliose who have taken pains to make me so foul; but to protest my innocency, in that measure which I shair ever hope to prove, nay, am confideht of, being before such just judges. I humbly beseecli your lordships to be sensible"* of me in this point, What dishonour I have sustained, not' only at home but abroad ; wherefore I hun\bly desire your lordships to hasten my trial, as soon as may be, tliat I may no longer suffer than I must needs; and yet I further desire of your lordships that no such precipitation may be used, as may disadvantage or may prejudice my cause. V ''■■*'< ' ^ regardful. ,' , > 30 \ SIR DUDLEY DIGGES, [a.d. 162$. \^ AikI here, my lords, I harl a purpose to offer unto your lordsliips my voluntary absence from this place, eveii now in tlie beginning of the. handling erf my qause, as your lordships may perceive in part, by my former carriage to.wards the carl of Bristol. For, doubting ieabo my presence might- any way disturb him and put him into passion, or any other May disadvantage him in his cause, I did .voluntarily, as your lordi^ips saw, ' absent myself: but now that my acaisers have, not only been content to make my process, but to prescribe , to your lordships the manner of my Judgment, and to Judge me before I am heard ; I shall not give way, in my owo particular, to any of tlieir unjust demands; but yet, \ do submit myself in tiiis, and in all things else, to your lordships' considei*ation. 51* i' SIR DUDLEY DIGGES, Born i» 1583,. was ma*?-? master of the rdls in l63(), and died m 1639. . I have already ^iven one or two specimens of the potnpoue stilt; ; i^ut as the following extract soars to a still sublimer pitch, I £Ould not resolve to omit it. After a slight introduction to the charge brought forward aguiost the duke of Buckingham, his titles , V£rc formally enumerated, and then Sir Dudley Diggcs |>roca^^ : -^■■- My Lords, • • . . ' ' :^^'^^ Tap lofty titles of tliis miglijty prince do raise jpe higher : and now, to speak with dipqulo mc^jora cd^iawusj let it not displease your lord^ips, if for a foundation I compare jthe beautiful composition, iand fair structure of this monarpliy and commonwealth wherein we live, to the great work of God, . t^ world jitself, wherein there is the solid body of jncdrporated earth and seas, whiqh I conceive in regard of our hi^sbandry, our manufacture, and commerce, by sea and land, ,a^' v^ell c^en^ble \i^ the commons. ' •,. « \.^: --v^-i v-^- [a.d. i6^$, A.p. iGaC] SIR DUDLEY DIGGES. 51 to offer unto in this place, dling erf my part, by my For, doubting him and put ivantage him >rdship8 saw, 2rs have, not t to prescribe ;iTient, and to give way, in ist demands; i in all things s, 36, aud died ia of the pompous sublimer pitch, eduction to the ighani, his titles ^gc^ |)rocee4ijd : *?■ do raise jpe ora cd;iamuSf ibundatioQ I r structure of i we live, to vhereiii there seas, whiqh manufacture, r^sewble ,u^ It is encompassed with air and fire, and spheres ce- lestial, of planets, and a firmament of fixed stars; all which receive their heat, their ligtit, their life, and lustre, from one great glorious sun, even like the king our sove- reign lord. That firmament of fixed stars I take to be yoiu" lord- ships; the planets, the great officers of the kingdom ; that pure element of fire, to be the most religious and pious clergy ; the reverend judges, magistrates, and ministers of law and justice, to be the very air wherein we breathe ; all these encompassing round, with cherishing comfort, this body of the commons, who do in truth labour for them all, and though they "be the footstool and the lowest, yet may they truly be said to be the settled cen- tre of the state. Now, my good lords, if this glorious sun, by his powerful beams of grace and favour, shall draw from the bowels of tliis earth an exhalation that shall take fir^, and bum, and shine out like a star, it cannot be hiarvel- led at if the poor commons gaze and wonder at the comet, and when they feel the eftects, impute all to tln^ corruptible matter of it. But if such an apparition like that in the last age, in the .chair of Cassiopeia, happen amongst the fixed stars themselves, where Aristotle, of the old philosopliers, conceived there was no place for such corruption, then, as the learned mathematicians were troubled to observe the irregular motions, the prodigious magnitude and omin- ous prognostics of that meteor, so the commons, when they see such a blazing star in a court, so exorbitant in the affairs of the commonwealth, cannot but look upon it, and, for want of perspectives, commend the nearer examination to your lordships, that may behold it at 4 better distance. Such the commons apprdiend the great duke of Buckingham to be, against whom, and his m ays, there are, by learned gentlemen, legal articles of charge to be delivered, which I axn commandjed ficst to open gencraliy. ■;;;--4 i.j.-.^ -j.wav.j-^.'U ,..,..^;...|_ m ,m^ MR. JOHN PVM. [a.d. 1626. A. MR. JOHN PYM, One of the great leaders of the republican • party, rvas memher for Tavistock. He died in 16'43. The subject of the speech is the charge against the tnko of Buckingham, of which he was oiii^ of the managers. It co. tainly contains a gireat deal of good sonse, Itroqgly expressed. ■lib ti'^ Mr. Pynis Speech. -«. My Lords, The matter of fact needs no proof, being so notorious; and therefore I shall insist only upon tlie consequence which made tliis fact of the duke's a grievance in the commonwealth; and conclude with strengthening the whole witli some precedents. f Every offence presupposes a duty ; the first work is to shew, the duke was bound to do otherwise ; I need to <|lledge nothing else, but tliat he was a sworn counsellor and servant to the king, and so oudit to have preferred his master's honour and service before his own pride, in seeking to ennoble his own relations. There are some laws peculiar, according to tlie tem- per of several states ; there are other laws tliat are so essential and co-natural with government, tiiat being broken, all things run into confusion. Such is tliat law of suppressing vice and encouraging virtue, by apt punishments and rewards. Whosoever moves the king to give honour, which is a double reward, binds himself to make good a dou*ble proportion of merit in that party that is to receive it; the first of value and excellency, tlie second of conti- nuance. As this honour lifts them above others, so should they have virtue beyond 9thers ; and as it is also per<- petual, not ending with their persons, but depending A. D. 1626.] MR. JOHN PYM. 33 upon their posterity, so thci^ ought to be, in the first root of ttiis honour, some such active merit to the com-, nionweaith, as may transmit a vigorous example to their successors to raise them to an imitation of the like. ''fli ^O jirit aro , , p, I forbear reflections on those persons to whom this article collaterally relates, since the commands I have received from the commons concern the duke of Buck-? ingham only ; I shall theretbre leave the first point con- cerning the offence, and come to the next point, viz. the grievance, which in the articles is expressed in three respects. ''ii»! vh: ; jon k^ot* ip^sir f*; ri First, Prejudicial to tiie noble barons. ;• Secondly, To the king, by disabling him fi-om reward-* > ing extraordinary virtue. j. Thirdly, To the kingdom, which comprehends all. \ First. It is prejudicial to this high court of peers: I will not trouble your lordships with recital, how ancient, how famous this degree of barons hath been in the western monarchies. I will only say, the baronage of England hath upheld that dignity, and doth conceive it in a greater height than any other nation. The lords are great judges, a court of the last resort: they are great commanders of state, not only for tue present, but as law-makers and counsellors for tlie time to come; and this not by delegacy and commission, but by birth and inheritance. If any be brought to be a member of this great body who is not qualified to theper- fonnance of such state functions, it must needs prejudice the whole body; as a little water put into a great vessel of wine, whicl), as it receives spirits fi*om the wine, so doth it leave therein some degrees of its own infirmities and coldness. ^^. Secondly. It is prejudicial to the king, not that it can disable him from giving honour, for that is a power inseparable fi'om the crown ; but by making honour or- dinary, it becomes an incompetent reward for extraor- dinary virtue. When men are made noble, they fire X.QL. I. ■jy:;.i:;r ;:;!<' D ^'ji'^'yj^riitnm -.''.'A.j'J'U' A',. I '•■■< a MJl. JOHN PYM- [a.d. 16SG, tiiken out of the press of the coinmon sort ; and how can it cliousc but fall in estimation, wlien honour i^elf is made a press? .^vr,. '? Tliirdly. It is prejudicial to tlie kingdom. liistoriei^ and records are full of tlie great assistance which tlie croMn had received from the barons, on foreign ^d domestic occasions ; and not only by their own persons, but tiicii- retinue and tenants ; and tiierefore they are called by Bracton, liobur Belli : How can the crown ■ expect tlic like fromtliosc who have no tenants, and aae hardly able to maintain themselves? Besides, tliis is not all ; for tlie prejudice goes not only privately from thence, in tliat tliey cannot give tlie assistance they ought, but positively, in that they have been a greater • burden to the kingdom since, by the gifts and pensions they have received; nay, they will even stand in need to receive more for the future support of their dignities. :/ This makes tlie duke's offence greater, tliat in this . ■vvV>' weakness and consumption of tlie state, he hath not been content alone to consume the public treasure, which h tlie blood and nourishment of the state, but hath brought in otliers to help him in this work of destruc- tion ; and that tliey might do it tlie more eagerly by enlai'ging their honour, he hatli likewise enlarged tlieir necessities and appetites. I shall second this charge with two precedents ; tlie first, 28 Heniy VI. m tlie complaint against the duke of Suffolk, that he had married his niece to the earl of Kendal, and procured him 1000/. per anmim in tlie duchy of Guyeime : and yet this paity was the son of a lioble and well deserving father. The second, in 17 Edw. IV. gj\ act of parliajnent for tlie degrading of Thomas Neville, marquis of Mon- tague, and duke of Bedford. The reason exprest in the act is, because he had not a revenue to support ,that dignity : together with another reason, that when men aii called to honour, and have not livelihood to support it, it induceth great poverty, and causetli briberies, ex- tortions, eiubruceries, and maintenance. .. .,. t^, p. 16SC. A. D. 16q6.] MR. W ANDESFORD. 85 ; and how onour itself Histories which the foreign and wn persons, re they are i the crown uts, and me ides, tliis is rivately from istance they 5en a greater and pensions land in need eir dignities. tliat in this he hath not easure, which te, but hath of destruo- e eagerly by enlarged tlieir jccdents ; tlie mst the duke the earl of i«;mw in tlie the son of a pf parliament quia of Mw- exprest in the support that lat when men lod to support [briberies, ex- MR. WANDESFORP. This long and closely tp: soned speech about a pos8et-hncs.s ; but to praclire, my lonU, such ex- periments iip6n tiic «acrod person of a king, so great, so good, so bicased a prince; a prince, under the protec- tion of whose justice (to use the words often recorded by himsdf) every man sat under bis own vino, and cat of his own fig-trec, extends this fault, tliis attempt, be- yond all iireccdents, beyond all example; for thou;;h tlie days of the greatest princess, like their mcHncst sub- jects, be numbered, and a time appointed which they camiot pass, yet, while they ore tipon the earth, they nre vessels of honour, set apart for God's greater works ; his vicegerents, not to be thought upon without reverence, not to be approached unto without a proper distance. And so pious, my lords, are our Ihws, to put the subjects in mind of their duties towards the sacred per- sons of their prince, that in the attempt, even of a madman, upon the person of his king, his want of rea- son, which, towards any of his fellow-subjects might acquit him of telony, shall not excuse him of treason. And how wary and how advised our ancestors hiive been, not to apply any thing of tliis kind to tlic person of a king, may appear by a precedent in the 32d Hen. VI. where John Arundel, and others, the king's |)hysicians and surgeons, thoujrht it not safe forthem to administer any tiling to tlie kinws person, without the assent of the privy-council, and express licence under the great seai of England. ^^^^'^' '^^^^^ I beseech your lordships to behold the difference of limes : the modesty, tlie duty of those physicians, rc- stmined them from acting that which their judgment and experience might have justified. Hut I am com- manded to say, the boldness of this lord admits no warrant, no command, no counsel, but, transported by -the passions of his own will, he wntures upon tlic doubtful sickness of a king, with a kind of high, sole, and single counselling. The effects wheitiof, as in all A.D. 1626.] \l MR. WANDKSFORO. 37 Other things, so especially in such us this, have ever been rlccricci as leading to ruin and destruction. Surely, my lords, si hcecjiant in viridi, in arido quid Jiat ? If this ho oiiered to the anointed person of a king, M'hat shall l>ecoine vf the common person of a subject ? ,i\, What colour shall be given them, myloids, what ex- cuse can be framed for a servant (a servant, too, obliged as much as the bounty of a great king, and the goodness of a master could make him) so much forgetting his (hity as to hazard such a majesty upon so slight, so poor pretences? .,» Admit, my lords, (for that is all that can be olledgcd in tliis great dukes defence) that this sprang from af- fection to his great masttT, the desire of his preservation ; yet could this lord imagine, that any medicine could be so catholicly good at all times, in all degrees of age, for all bodies ? But as I am commanded to say, w liat belief) f hat hopes could lie hdve of this the second time, ^\ hen the former appeared so unsuccessful ? It is a faint aft'ection, my lords, where judgment dotli not guide ; a well regulated judgnient should have di- rected a more advised, a more orderly proceeding ; but uhethcr it ^vere a fatal error in judgment only, or some- thing worse, my lords, in his affections, the house of commons lea\'e to your lordships to search into and judge ; only give me leave to remember, tiiat this me- dicine found his majesty in the declination of his dis- ease, and we all wish it had left him so ; but his blessed (lays ^\'erc soon hurried into worse, and, instead of health and recovery, your lordships shall hear, by good testhnony, (that which troubles the poor and loyal com* inons of England) of greater distempers, as drought, raving, a fainting and intermitting pulse; — strange effects, my lords, to follow upon the applying of a mere treacle plaister! but the truth is, my lords, these testimonies tell us, that this plaister had a strange smell, and an invective quality, striking the malignity of the disease \ m MIt WANDISFOKD. [a. d. 1626. inward, which nature otherwise might hove expelled • outwards. And when I call to mind, my lords, the drink twite ' "given to his majesty by the duke of Buckingham's own hands, and a third time refused ; and the following complaint of that blessed prince, tiie physicians telling him, to please him for a time, that his second impair- tnent was from cold taken, or some other ordinary . Cause. — No, no, quoth his majesty, it was that I had from Buckingham ! — A great discomfort, no doubt, that he should receive any thing that might hurt him, from * one that he so much loved and affected. This makes me call to mind the condition of Ca?sar in the senate — et tu Brute, et tujili ? H6re, perhaps, your lordships may expect to hear what hath been done in like cases heretofore. It is true, indeed, the former charges were not without example ; but as Solon said of his laws not providing against par- ' ricide, liis reason was, because he thought no man was so wicked as to commit it; so do we not find recorded to posterity any precedent of former ages, of an act offered to the person of a king, so insolent, so trans- Cendant as this ; though it be true that divers persons, a^ great as tliis duke, have been questioned and con- demned for less offences against the person of their sove- reim. And not to trouble your lordships with much repe- tition ; it was an article, amongst others, laid against the duke of Somerset, for carrymg Edward ^^I. away in the night time, of his own head, but from Hampton Court to Windsor ; and yet he was trusted with the pro- tection of his person ; and whether this exceed not that offence, my lords, I humbly submit to your judg- ments. Yet, as we used to say, where the philosophers end, physicians begin ; so, precedents failing us in this point, common law will in part supply ug. < ---i-- A. D. \626.] MR. WANDESFORD. The law judgeth a deed done in the cxc(*.iition of an unlawful ac^ manslaughter, which otherwise would have been but chance medley; and that tiiis act was unlawful, the house of commons do believe, as belonging to the duty and vocation of a sworn ard experienced physician, and not to the unskilfulness of a young lord. And so precious are the lives of men in the eye of the law, that though Mr. Stanford suith, a physician taking one in cure, if he dies under his hands, it is no felony, because he did it not feloniously ; yet it is iVir. Bracton's opinion, that if one that is no physician or surgeon, undertake a cure, and the party die in his hands, this is a felony ; and the law goeth further, mak- ing the physicians and surgeons themselves accountable for the death of their patients, if it appear they have transgressed tlie rules of their own art ; that is, the un- dertaking a thing wherein they had no experience, or having done that, fail in their care and diligence. ^ :, How much more then, my lords, is this lord subject to your lordships' censure upon all these circumstances, for this so transcendant a presumption ? And the house of commons, my lords, stiling it but a presumption, speak modestly ; but now that they have presented it to your lordships, and brought it to the light of your examination and judgment, it will appear in its own colours. And I am further commanded from the house of commons, to desire your lordships, seeing this duke hath made himself a precedent, in committing that which former ages knew not, your lordships will, out of your wisdoms and justice, make him an example for the time to come. Finally, I am most humbly to beseech your lord- ships, that you will not look upon this lord's luxuriant boldness, through the infirmities and weakness of me the speaker, but be pleased, in your honour and justice, thoroughly to examine the truth, and th6n to judge, V" 40 SIR DUDLEY CARLETOX. [a.D. l6Sl5. according, to the great weight and consequence of the matter, as it is represented to your lordships against the duke of Buckingham. SIR DUDLEY CARLETON. One may collect from the following speech of Sir Dudley Carleton's, that he was a great traveller, and a very 'well-meaning man. He was bom 1573, and died l631. Before his death he was created Viscount Dorchester. Sir Dudley Carktoris Speech. I FIND, by a great silence in this house, that it is a fit time to be heard, if you please to give me the pa- tience. I may very fitly compare the heaviness of this house unto some of my misfortunes by sea, in my tra- vels ; for as we were bound unto Marseilles, by over- sight of the marines we mistook our course, and by ill for- tune met with a sand; that was no sooner overpast, but we fell on another; and having escaped this like- wise, we met with a third, and in that we stuck fast ; alj of the passengers being much dismayed by this dis- aster, as now we are here in this house, for the loss of those two members. At last an old experienced mariner, upon consultation, affirmed, that the speediest way to come out from the sands, was to know how we came there ; so well looking and beholding the compass, he found, by going in upon such a point, we were brought into that strait ; wherefore we must take a new point to rectify and bring us out of danger. This house of parliament may be compared to the ship ; the sands to our messages ; and the commitment A. p. 1626.] SIR DUDLEY CARLETOX. 41 to the sands that the ship did stick fast in ; and lastly, the compass, to the table where the book of orders dath lie. Then, I beseech you, let us look into the book where the orders are, whether the gentlemen did go no further than the order did warrant tliem: if they did not, it is fit that we should defend them whom ^^'e em- ployed in our behests; but if they have exceeded their commission, and delivered tliat Avhich they had not war- rant for, it is just that we let them suffer tor this presumption ; and this our course will bring us from these rocks. I beseech you, gentlemen, move not his majesty with trenching upon his prerogatives, lest you bring liini out of love with parliaments. You have heard his ma- jesty's often messages to you, to put you forward in a course that will be most convenient. In those mes- sages he told you, that if there were not correspondency between him and you, he should be enforced to us6 new counsels.. Now, I pray you consider, what these mew counsels are, and may be. I fear to declare those that I conceive. In all christian kingdoms, you know that parliaments were in use anciently, by which theii* kingdoms were governed in a most flourishing manner^^ until the monarchs began to know their own strength ^ and seeing the turbulent spirit of their parliaments, at length they, by little and little, began to stand upon tlieir prerogatives, and at last overthrew the parliaments throughout Christendom, except here only with us. And indeed you would count it a great misery, if you knew the subjects in foreign countries as well as myself, to see them look not like our nation, with store of flesh on their backs, but like so many ghosts, and not men ; being nothing but skin and bones, with some thin cov^r to their nsdcedness, and wearing only wooden shoes on their feet ; so that they cannot eat meat, or wear good cloths, but they must pay and be taxed unto the king for it. Tliis is a misery beyond expression, and tiiat which yet we are free from. Let ^t ■^•'ttiti 4_' V 42 SIR DUDLEY CAHtETON. [a. D. I626. r-i("il«iii«t.-i,'iw,..fr , fe>..> i+»r._St..^ft. •.£,.«r. US be careful, then, tb preserve the king's good opinion of p£Lrliaments, which bringeth this happiness to this nation, and makes us envied of all others, while thferd is this sweetness between his majesty and tlie commons, lest we lose the repute of a free-bom natioh, by turbu- lency in parliament; for, in my opinion, tbe greatest and wisest part of a parUament, are those that use the greatest silence, so as it be not opiniative, or sullen, as now we are*, by the loss of these our members that are committed. This good correspondency being kept between the king and his people, will so join their love and favour to his majesty with liking of parliaments, that his pre- rogative shall be preserved entire to himself, witliout our trenching upon it ; and also the privilege of the subject (which is our happiness) inviolate, and both be main- tained to the support of each other. And I told you, if you would hear me patiently, I would tell you what exception his majesty doth take at tliose gentlemen that are committed. You know that eight members were chosen to deliver the charge against tlie duke ; but there were only six employed for that purpose, and to these tliere was no exception. As for Sir Dudley Digges's part, that was the prologue ; and in that his majesty doth conceive that he went too far beyond his commission, in pressing the death of his ever blessed father in these words : That he was commanded by tlie house, to say concerning the pl'aister applied to the king, that he did forbear to speak farther in regard of tlie king's honour, or words to that effect. This his majesty conceiveth to be to his dishonour, as if there had been any underhand dealing by his majesty, in applying of the plaister : and this may make his subjects jealous of his doings. In tliis point his majesty is assured, that the house did not warrant him. Now for that which is excepted against Sir John Elliot, his over bitterness in the aggravation upon the whole charge, and specially ' * That is, obstinately silent. [A.t>. l626. ivD. 1626.] sir' DUDLEY CARLETON. ' 43 ;ood opinion mess to this while theird le (iommoris, 6, byturbu- tbe greatest that use the e, or sullen, lembers that between the ; and favour that his pre- ; witliout our )f the subject Dth be main- J I toM you, tell you what entlemen that lembers were :e ; but there! and to these |the prologue ; weat too far Lth of his ever commanded ;er applied to ler in regard let. This his if there had [, in applying )jects jealous assured, that Ithat which is bitterness in land specially upon some of the heads of it; (as I never heard the like in parliament before, but I have indeed heard tlie like when a criminal was indicted, or accused at a bar). For if you please to remember, when I moved for putting of the St. Peter, of Newhaven, out of the charge against the duke of Buckingham, und shewed my reasons for that purpose, you know how tender Sir John Elliot was of it, as if it had been a child of his own ; and so care- ful in the handling thereof by a stranger, that he w ould not suffer it to be touched, though with never so tender a hand, for' fear it might prove a cha,ngeling; which did manifest, how specious soever his pretences were, that he had oculum in cauda; and, I must confess, I was heartily sorry, when he delivered his aggravation to the lords, to see his tartness against the duke, when as lie lad occasion to name him, he only gave him the title of this man, and the man; whereas, the others observed more respect and modesty, in their charges against so great a person as the duke is : considering, that tlien he was not convicted, but stood rectus in curia. Lastly, for pressing the death of his late majesty, you know that the sense of the house concluded, That it was only an act of presumption ; nay, some of them -expressly said, nay, God forbid that I should lay the death of the king to his charge. If he, witliout warrant from the house, insisted upon the composition of tlie plaister, as if there were aliquid latet quod non patet, this was beyond his commission from our house, and this is tliat which his majesty doth except against: and this, I say, drew his majesty, with other insolent invectives, to use his royal authonty in committing him to the Tower. I move, there- fore, for a grand committee, to consider of the best re* medy to get us out of this strait. ■" (; ^v --f<- SIR HENEAGE FIN'CII. . . [A.D. l626. 5^^;' SIR HENEAGK FINCH*. ■ ;-.:,.• ,v '•- ' "" I'll— •■•'■% TAe Speaker's Speech, on dclkering the Declaration of the House of Commons^ relatins^ to the Supply. Most gracious and dread sovereign, ^^ According to tliat liberty of access, and liberty of speech, \^•hich your majesty and your royal progenitors have ever vouchsafed to your house of commons, your majesty's most humble and loyal subjects, the commons, now assembled in parliament, have been suitors for this access to your rpyal throne. * And out of their consideration of the nature, and of the weight and importance of the businsss, tliey have thought the attendance of the whole house, with their speaker, not too solemn ; and yet, they have not thought fit barely to commit those words, which express their thoughts, to the trust of any man's speech, but are bold to present them in writing to your gracious hands, that they may not vanish, but be more lasting than the most powerful words of a more able speaker are like to he. , , I have much to read, and shall, thereforc, as little as I can, weary your majesty with speeches. This parchment contains two things; the one, by way of declaration, to give your majesty an account and humble satisfaction, of their clear and sincere endea- vours and intentions in your majesty's service; and the other, an humble petition to your majesty, for the re- inoval of that great person, the duke of J3uckbgham, from access to your royal presence. For the first, They beseech your most excellent ma- jesty to believe, that no earthly thing is so dear and pre- -,• , /„ * See a former article, page 17". A.D. l€iL'6.] Sm HEXKAGE FINCH. '45 cious 't6''tliem^' H^'liaf v'6uF m^J^^^^^^ in your grace and good opinion*; and it is,grici* to them, beyond my expressibn, that any misinformation, orniis- interpretation, should at any tmie render their words or proceedings offensive to your majesty. It is liut proper for any one to hear the echo of a 'voic6, th^t hdars not the voice; and if echos be some- times heard to double, and redouble, the echo of the echo is still fainter, and sounds not louder. I need not make the application : words misreportcd, though by an echo, or but an echo of an echo, at a tliird or fourth hand, have oft a louder sound than the voice itself; and may .sound disloyalty, though the voice had nothing lindutiful or disloyal in it. Such misinformations, they fear, have begot interrup- tions and divisions, which Imve delayed the ripenhig and expediting of those great counsels, which concern your majesty's important service, and have enforced tliis declaration. I pass from that to the petition ; in which my purpose is not to urge those reasons, which your majesty may hear expressed in their o^vn Mords, in the language of tli people, , • I am only directed to offer to your gicat w isdom, and deep judgment, that tliis petition of theirs is such, as may stand with your majesty's honour and justice to grant. Your majesty hath been pleased to give many ixryal testimonies and arguments to the world, how good and gracious a master you are,; and that, which the queen of Sheba once said to the wisest king, may, without flat- tery, be said to your majesty : Happy are those servants which stand continually before you. But the relations, by which your majesty stands in a gracious aspect towards your people, do tar transcend, and are more prevalent and binding, than any relation of a master towards a servant ; and to hear and sutisfv the :-V 46 MR. CIIESKELD. [a. D. 1626. just and necessary desires of your people, is more ho- nourable than any expression of grace to a servant. To be a master of a servant, is communicable to many of your subjects ; to ht king of a people, is re- gal, and incommunicable to subjects. Y(Our majesty is truly stiled by that name, which the greatest emperors (though they borrow of names an4 titles, from those countries which they gained by con- quest,) most delighted in, Pater Patrice ^ andtiie desires of children are preferred before those of servants ; for the servant abidetli not in the house for ever, but the son abideth ever. The government of a king was truly termed by your royal father, a politic marriage between him and Ids people ; and I may safely say, there was never a better union between a married pair, than is between your ma- jesty and your people. MR. CRESKELD. If the thoughts in the following introduction to an elaborate legal dissertation are conceits, they are nevertheless ingenious and po- etical conceits. JMr. CreskeWs Speech on the Detention of some Mem- bers of the House. I STAND up to speak somewhat concerning the point of the subject's grievances, by imprisonment of their per- sons, without any declaration of the cause, contrary to, and in derogation of, the fundamental laws and liberties of this kingdom. I think I am one of the puisnes of our profession, that arc members of this house ; but howsoever, s^re J. A. D. 1626.] MR, CRESKELD. 47 am, that, in respect of my own inabilities, I am the puisne of the wliole house: therefore, according to the usual course of students in our profession, I may, as the puisne, speak first in time, because I can speak least in matter. In pursuance of which course, I shall rather put the case, than argue it ; and therefore I shall humbly desire, first of all, of this honourable house in general, that the goodness of the cause may receive no prejudice, by the weakness of my argument; and next, of my masters here of the same profession, in particulai", that they, by their learned judgments, will supply the great defects I shall discover, by declaiing of my unlearned opinion. Before I speak of the question, give me leave, as an entrance thereunto, to speak first of the occasion. Ye all know that justice is the life and the heart's blood of the commonwealth ; and if the commonwealth bleed in that master vein, all the balm in Gilead is but in vain to preserve this our body of policy from ruin and destruction. Justice is both colunma et corona reipub- Ilea; ; she is botli the column and the pillar, the crown and the glory, of the commonwealth. This is made good in scripture, by the judgment of Solomon, the Ytisest king that ever reigned on earth. For first, she is pthe pillar; for he saith, That by justice the throne is es- tablished. Secondly, she is the crown ; for he saith, That by justice a nation shall be exalted. , Our laws, which are the rules of justice, arethe we/j/ffy ultra to both the king and the subject; and, as they are Hercules's pillars, so are they the pillars of Hercules to every prince, which he must not pass. Give me leave to resemble justice to Nebuchad- nezzar's tree ; for she is so great, that she doth shade, not only the palace of the king, and the house of nobles, but doth also shelter the cottage of the poorest beggar. Wherefore, if either now the blasts of indignation, or the unresistable violator of laws, necessity, hath so 1% MR. CRESKELD. [a.d. 162^. brvised any of the branches of this tree, that either our pcrspns, or goods, or possessions, have not the sartie shelter as before, yet, let us not therefore neglect the root of this great tree; but rather, with all our possible means, endeavours, and unfeigned duties, both apply fresli and fertile mould under it, and also water it even M ith our own tears ; that so these bruised branches may be recovered, and the whole tree again prosper and flourish. For this I have learned from an ancient father of tlie church, that though preces regum sunt armatie, yet anna subdtiorum are but only preces et lachrymce. I know well tliat cor regis inscrutabik, iind that ^kings, although they are but men before God, yet they are gods before men ; and therefore, to my gracious and dread sovereign, (whose virtues are true qualities inge- nerate, both ip, his judgment and nature) let my arm be cut off, nay, let my soul not live that day, that I shall dare to lift up my arm to touch that forbidden fruit, those flowers of his princely crown and diadem. But yet in our Eden, in this garden of the common- wealth, as tliere are the flowers of the sun, which are so glorious, thattliey areXo be handled only by royal ma- jesty; so arfe there also some daisies and wholesome herbs, which every common hand, that lives and labours in this garden, may pick and gather up, and take comfort and repast in them. Amongst all which, this oculus diet, this bona Ubertas^ of which I am now to speak, is not ^ one only, but the chief. K,, «>■ . -'S.-, * J'i.. y^' "5- ;■■'.■• J, -Sj.. ^.'.ViJii' ; ..V -1;'"'h'C!5#/}' '■*■ -r w ■ [ ■ \M '■ ; -y -,- •'-: i,wi-^} .j'Ui.' . JVoN •' >_ >■'.,.' • < h.t:;s h> 'f^¥',.'> :-' '> l' ^ ,. ' i * Jfey-m,-.; '' m\hK..' ■j.)\ . ' ■- (u^ ,: .\->?0.;- TB.:J\%}iir',p.\i :;'. I, * ,1 u« iiimi ./?'..-■'. ■.■'ja A.D. i6a6. A. D. I6ii7.] SIR ROBERT PHILI.Pi. 45) either our ; the saitie neglect the )ur possible both apply ater it even anches may irosper and icient father mt armatiE, lachryviae. ?, find that ad, yet they gracious and falities inge- my arm be that I shall bidden fruit, lem. he comnton- which are so »y royal ma- wholesdme and labours [take comfort js oculus diet, leak, is not ' SIR ROBERT PHILIPS. In this apparently utistudied address, ,wc meet, for the first time, with real warmth and eloquence. yuvi SiU I READ of a custom amongst the old Romans, that once every year they had a solemn feast for their slaves, at which they had liberty, without exception, to speak what they would, thereby to ease their afflicted minds ; which being finished, they severally returned to their former servitude. This may, with some resemblance and distinction, well set forth our present state, where now, after the revolution of some time, and grievous sufferance of many violent oppressions, we have, as those slaves had, a day of liberty of speech ; but shall not, I trust, be hereafter slaves, for we are free. Yet what ne^v illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well represented by divers worthy gen- tlemen before me ; yet one grievance, and the main one, as I conceive, hath not been touched, which is our I'e- ligion ; — religion, Mr. Speaker, made vendible by com- mission; and men, for pecuniary annual rates, dis- pensed widial, whereby papists may, ^^•ithout fear of law, practise idolatry. For the oppressions under which we groan, I dra^v them under tvvo heads: acts of power against law, and ju(^!;inene3 of law against our liberty. Of the first sort are, strange insmictions^ violent tH* actions of money thereupon, imprisonment of the pei^ 8ons of such who (to deliver over to their posterity the VOL. I. X 50 SIR ROBF-RT PHIIIPS. [a. D. 1627. liberty they received from their toreiuthcrs, and law- fully were in possession of) refused ao to h^nd ; and this aggravated by the remediless continuance and length thereot ; and chiefly the strange, vast, and unlimited power of our lieutenants and their deputies, in billet- ing of soldiers, in inaiiing rates, in granting warrants for taxes as their discretions shall guide them. And all this against the law. These last are the most insupportable burdens that at this present afflict our poor country, and the most cruel oppression that ever yet tiic kingdom of England endured. Those upstart deputy lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by law), are the worst of grievances, and the most forward and zealous executioners of those vicient and unlawful courses which have been com- mended unto tlicm ; of whose proceedings, and for the quidifying of whose unruly power, it is more than tinie to consult and determine. Judgments of law against our liberty there have been three, each latter stepping forwarder tlian the former upon the right of the subject, aiming in the end to tread and trample under foot our law, and that even in the form of law. , ^ The first was tlie judgment of the postnati, whereby a nation (which I heartily love for their singular good zeal in our religion, and their free spirits to preserve our liberties far beyond many of us) is made capable of any ' the like favours, privileges, and immunities, as ourselves enjoy; and this especially argued in the exchequer chamber . . by all the judges oi' England. The second was, the judg- ment upon impositions in the exchequer conrt, by the ba- rons, which hath been the so urcc and fountain of many bitter waters of affliction unto our merchants. The third was, that fatal late judgment against the liberty of the subject imprisoned by tlie king, argued and pronounced , i)ut by one judge alone. ■ ^^I can live, although another who has no right, be put D. 1627. A.D» iGiJT.] sill EDWARD COKE. il and law- lend ; and and length unlimited 5, in billct- g warrants 1. And all irdens that 1 the most of England s (of whom kiy be good f grievances, lers of those been com- and for the ire than tinu^ re have been the former end to tread even in the ati, whereby ;ingular good > preserve our ipable of any as ourselves -quer chamber ,vas, the judg- nrt, by the ba- itain of many Its. The third liberty of the d pronounced right, be put to live with mc; nay, I can live, although I pay ex- cises and impositions morcf than I do ; but to have my liberty, wliich is tliesoiil of my life, taken from me by powfjr, and to have my body pent up in a goal, with- out r(;iiiedy by law, and to bo so adjudged ! O impro- vident anccst'trs ! O unwisi^ forefathers ! to be so cu- rioui in providing for the quiet possession of our lawa • and the lihcrt cs of parliament, and to neglect our per- sons and bodies, and to let them lie in prison, and that durante bencplacko, remediless! If this be law, why do we talk of liberties ? why do we trouble ourselves with a ciispute about law, franchises, property of goods, and the like ? what may any man call his own, if not tlie liberty of his person ? 1 am weary of treading these ways, and therefore con- ohide to have a select connnittee deputed, to frame a petition to his majesty for rcilress of tlicse things ; which . beuig read, examined, and apj)roved by the house, may- be tlelivered to the king, of A\hose gracious answer we have no cause to doubt, our desires being so reasonable, ©ur .intentions so loyal, and the manner so humble: neither need we fear this to be the critical parliament liS was insinuated, or this a way to distraction ; but assure ourselves of a happy issue: then sliall the king, as he calls us his great council, iind us his good council, and own us as his good coimcil — which God gi'ant. SIR EDWARD COKE*. . , ■ ■ ■ . * I When poor JEngland stood alone, and had not tlie ac- cess of another kingdom, and yet had more and as potent enemies as now it hath, yet the king of England [prevailed. in the parliament roll in 42 Edw. III. the king and * See a former article, Page 3. i'w M V ' " I* * \ > 6i « 1 1 8IR EDWARD COKE. [a.d. 1^27. the* ptarliainfnt gave God thanks for his victory against the kinjTs of Scotland unci France ; he had them both in Windsor Castle as prisoners. What was the reason of that conquest ? Four reasons were given. 1. The king was assisted hy good counsel. 2. There were va- liant men. 3. They were timely supplied. 4. Good employ inent. In :i Itichnrd TI. the king was environed with Flem- i^s, Scots, and French; and the king of England pre- vailed. In 13 Riciiard II. the king was environed with Spa- niards, Scots, and French ; and tlie king of England prevailed. . In 17 Richard II. wars were in Ireland and Scot- land ; and yet the king of England prevailed, and thanks were given to God here ; aiul I hope I shall live to give God thanks for our kinu:'s victories. In 7 Henry FV. one or two great men about the king so mewed him up, that he took no other advice but from them ; whereupon the chancellor took this text and themf in his speech at the parliament : utIultoru?n . comHin reqidruntiir in magnis, in hello qui ma.rime timcnt sunt in maMmis periculis. Let us give, antl not be afraid of our enemies ; let us supply bountifully, cheaifuUy, and speedily, but enter not into particulars. Solomon s rule is, Qui repetit separat, nay separat fosdcratos. We are united in duty, &c. to the king. The king hath fourscore thousand pounds a year for the navy, and to scour the narrow seas ; it hatli been taken, and wc are now to give it ; and shall we now give more to guard the seas ? besides, when that is taken of our aft, it may be diverted another way. It shall never be said, we deny all supply, t tliink myself bound where there is commune periadum, there must be commune auxilium. "W " ■=jij'?j*>''i . iil'' A. D. 1627.] MR. StLDK.N. 53 MR. SELDEN*. Mr. Sehkn's Speech against Ilkgal Arrests. Your lordships have heard from the gendeman that spoke la.st, a great part of the grounds upon whic \\ the house of commons, upon mature dci berption, 'pro- edcd to that clear resolution, touching tlio rigl^t of t' \c liberty of their persons. The many acts of parHanic' *:, which are tiic written laws of tlic land, and are cvpressly to the point, have been read and opened, anu such >I7- jections as have been by some made unto then . uitt objections also made out of other acts of ourliaincnt, have been cleared and answered. It i\yr> j o vm now perhaps, my Lords, that little remains n.'edlui to be further added, for the enforcement and niainlenarce of so fundamental and established aright and liberty, be- longing to every freeman of the kingdom. The house of connnons, taking into c isideration, that in this question (being of so high a nature, tliat never any exceeded it in any courtof justice whatsoever), all the several ways of just examination of tlie truth should be used ; have also most carefully informed themselves of all former judgir'^nts or precedents con- cerning this great point cither , and have been no less careful to the due preservation of his majesty's pre- rogative, than of their own rwhts. The precedents liere are of two kinds; either • trely matter of record, or else the formal resoluti j.iS of the judges, after solemn debate on the point. ' This point that concerns precedents, the house of connnons have commanded me to present to your lord- ships ; which I shall as briefly as I may, so I do it faith- fully and perspicuously ; to that end, my lords, before •!)V. .■*i:;w ♦ *Sce before, Page 22. ?^^vi :'i\ \ '-^■f: MR. SELDF.V. [a.d. 16^27. I come to tlie particulars of any of those precedents, I shall first remember to your lordships, that which will seem as a general key for the opening and true appre- hension, of all those on record ; without which key, no man, unless he be versed in the entries and course of the kinp bench, can possibly understand. In all cases, my lords, where aiiy right or liberty be- longs to the subject by any positive law, written, or un- written, if there were not also a remedy by law, for enjoying or regaining of this riglit or lil)eriy, when it is violated or taken iVom him, tlie positive law were most vain, and to no purpose; and it were to. no purpose for any man to have any rigiit in any land, or otlier inheritance, if there were not a known remedy ; that is, an action or writ, by which, in some court of ordinary justice, he might recover it : and in this case of right of liberty of person, if there were not a re- medy in the law for regaining it when it is restrained, it were to no purpose to speak of laws that ordain it should not be restrained. The w rit of habeas corpus, or corpus cum causa^ , is the highest remedy in law for \iny man tliat is imprisoned, and the only remedy for him that is imprisoned by the special connnand of the king, or the lords of the privy coimcil, without shew- ing the cause of commitment ; and if any man be so imprisoned by any such command or otherwise whatso- ever, through England, and desire, by himself or any otlier in liis behalf, this writ of habeas corpus for the purpose in the court of kind's bench, that writ is to be granted to nun, and ought not to be denied, and is directed to the keeper of tlie prison, in \\ hose custody the prisoner re- mains ; commanding him, that after a certain day he bring in the body of the prisoner, cum causa deteniionis, and sometimes, cum causa captioms; and he, ^\ith his re- turn filed to the writ, bringeth the prijjoner to the bar at the time appointed, and the court judgeth of the suf- ficiency or insullicicncy of the return ; and if they find him bailable, committitur marescallo, the proper officer A. D. 16J7.] MR. SELDEN. 55 belonging to the court, and then afterwards traditur m baUium ; but if, upon the return of the habeas co)^pus, it appear to the court, that the prisoner ought not to be bailed, nor discharged from the prison Avhence he is brought, then he is remanded and sent back again, to continue till by due course of law -he may be delivered; and the entry of this is remittitur.quonsque secundum k- gdm deliberatusfuerit, or remittitur quousque, 8^c. which is all one, and the higliest award of judgment that ever was or can be given upon a habeas corpus. Your lordships have heard the resolution of the house of commons, touching the enlargement of a man com- mitted by command of the king, or privy council, or any other, without cause shewn of such commitment ; A\ hich resolution, as it is grounded upon acts of parlia- ment already shewn (the reason of the laAv of the land being committed to the charge of another to open unto you), so it is strengthened by many precedents of re- cord. lie then produced twelve precedents, full and directly in tlie point, to prove, that persons so committed Ought to be delivered upon bail ; which were distinctly opened and read to their lordships. Then he also offer*3d to their consideration other kind of precedents, Avhich Mere solemn resolutions of judges ; things not of record, but yet remaining in autlientic copies ; which precedents and autiiorities we omit for the length thereof. lie then proceeded, and said, The house of commons (desiring witli all care to inform themselves fully of the trutli of the resolution of the judges in the 34th year of the late queen, cited in tlie case of Sir John Hevcningham, by the king's counsel, as arguments against his not being bailed) have got into their hands a book of select cases, collected by the reverend and learned judge, chief justice Anderson, all M'ritten with his own hand, which he caused to be jead. These precedents, saith he, do fully resolve for the maintenance of the ;/' ■«i- \ 56 EARL OF WARWICK. [a. D. 1626 ancient and fundamental point of liberty of the person, to be regained by habeas corpus wjien any one is imprisoned. Then he concluded, that Imving thus gone througli tlie charge connnitted to him by the house of commons, he should now, as he had leave and direction §iven . him, lest their lordships should be put to much trouble • and expence of time, in finding and getting copies at ; large of those things which he had cited, offer also to their lordshjps authentic copies of them all, and so left . them, and whatsoever else he had said, to their lord- ships' further consideration. A.D. ROBERT RICH, (Created Earl of Warwick, and Lord Rich of Lceze, by • James I.) I have given the following speech on the right of the crown to im- . I, prison the subject without any reason shewn, for its good sense and logical acuteness. 7'he Earl of JVamiclis Speech. I\Iy Lords, I WILL observe something out of the laws, wherein tliis liberty of the subject's person is founded, and something out of the precedents which have been alledged ; as to magna chart a, and the rest concerning these points, they are acknowledged by all to be now in force; that they were made to secure the subjects trom wrongful imprisonment ; and that tliey concern the king as much, or rather more, than the subject. Well then, besides inagna charta, and those six other acts of parliament in the very point, we know that magna charta itself has been at least thirty times confirmed; so that now, at this time, we have thirty-six or thirty-seven acts of . n. X6m A.D. 1628.] £ARL OF WARWICK. sr e person, r one is ; through :ommons, ion ^iven ;h trouble copies at fer also to mil so left heu' lord- Lceze, by :rown to im- s good sen^c iXA herein tliis somethini:; Ted; as to ;se points, brce; that MTongful g as much, n, besides parliament arta itself that now, 'cn acts of parliament to confirm this .I?oe?ty, altliougli it was imtuifi a matter of derision the othtu'^ day in this house. One is that of 36 Edward HI. No. 5), and another in the same year, No. 20, not printed, hut yet.a* good as those that are ; and tliat of 42 Edward III. Cap. 3, so express in the point, (especially the petition of the commons that yeai*, which was read by Mr. Littleton, with the king's answer, so full and free from all cxceph- tion, to which I refer your Lordships,) that I know not how any thing in the world can be more plain. Now, therefore, if in parliament we shall make any doubt of that which is so fully confirmed by {)arlia- ment, and in a case so clear, go about by new glossej to alter these old and good laws, we shall not only for- sake tlie steps of our ancestors, who, in cases evetktfd small importance, would answer nolumus leges Anglia mutarij but we shall yield up and betray our right in the greatest inheritance the subjects of England have ; and that is the laws of England. Truly, I wonder how any man can think tliat this house (though no lawyers) can admit of such a gloss upon a plain text, as should overthrow the very end and "design of the law ; for whereas the law of magna charta is, That no freeman shall be imprisoned, but by lawful judgment of his peers, or the law of the land ; it has been insisted on by some, that by these words, tlie law of the land, it is to be understood, tliat the king bath power to conmiit without shewing any cause ; which is an exposition, not only expressly contrary to other acts of parliament, and those expressly before cited, but against common sense. « Mr. Attorney confesseth this law concerns the king. Why then, where tlie law saith, the king shall not com^ mit but by the law of the land, the meaning must be, (as Mr. Attorney would have it) that the king must not commit, but at his own pleasure ! and shall we think that our ancestors were so foolish as to hazard their per- ijons and estates, and labour so much to get a la\v, and '-% 58 EARL OF WARWICK. [a. D. 1628. have it thirty times confirmed, that the king might not commit his subjects, but at his own pleasure ? and that if he did commit any of his sul)jects without a cause shewn^ that theq the party must He in prison during the king's pleasure ? Nothing can be imagined more ridicu- lous, or more contrary to reason and common sense. From the precedents I observe, that many committed by the king or his council have been delivered upon habeas corptts, ^nd that constantly. It is true that some precedents were brought on the king's part, that when some of these persons desired to be delivered by habeas corpus, the king, or his council, signified his majesty's pleasure that th«y should be delivered ; or the king's at- torney hath come into court and released them by the hill's command. But this seems to make for the subject; for, it being in his majesty's power to deliver them, who, by his special commandment, and without any cause shewn, were imprisoned, may we not think that his ma- jesty, at that time, would rather have staid their deliver- ance by law, than furthered it by his letters, and so make the prisoners rather beholden to him for his gi*eat mercy, than to the judges for justice, had not his ma- jesty known that, at that time, they ought to have be^n delivered by law ? «» ; r s , I think no man would imagine a wise king would have suffered his grace and prerogative (if any prcDgative there Mere) to be so continually ques- tioned ; or his majesty and his council to be so far from commanding the judges not to proceed to de- liver the prisoners by them committed, without cause shewn, as that on tlie other si(ie, (which is all the force of these precedents) the king and council should signity to the judges, that they should proceed to deliver the parties ! Certainly, if the king had challenged any such preroga- tive, that a person committed, without any cause shewn, iTiight not be delivered by the judges without his con- sent, it would have appeared, by one precedent or other, \. D. 1628. I A. I>.l628.] EARL OF WARWICK amongst all that have been produced, that his majesty would have made some claim to such a prerogative ; but it appears, on the contrary, that in many of tliese CHses the king nor his council did ever interpose ; and where they did, it was always in affirmation and encourage- ment to that court to proceed. And besides, the writiiijg of letters from the king to the judges to do justice to his majesty's subjects, may, with as great reason, be in- terpreted, that without those letters they might not do justice; as this, that the king signitied his Millingne.ss that such and such persons, which were committed by him without cause shewn, should be delivered, therefore they could not be delivered without him ; whicii is a strange reason. So that finding the laws so full, so many, and so plain in the point; and that whenever any committed without cause shewn, brought their habeas corpus^ they were delivered, and no c .y > J 4. He brands them that will not lose this property with most scandalous speech and odious titles, to iiiake ^ them botli hateful to prince and people ; so to set a divi- sion between the head and the members, and between the members themselves. . ... .5. To the same end, not much unlike to Faux and liis fellows, he seeks to blow up parliaments and parlia- mentary powers. These five, being duly viewed, will appear to be so , many charges ; and tliey make up altogether the great and main charge — a mischievous plot to alter and sub- vert the frame and 2;overnnlent of this state and com- moh wealth. And now, though you may be sure that Mr. Man- waring leaves us no property in our goods, yet that he hath an absolute property in this charge, audite ipsam bdliiam. Hear himself making up his own chai'ge. ,, iicre Mr. House read sever J passages out of his A.D. 1628.] MR. ROUSE. (SS book, and then proceeded : You have heard his charge made up by his own words, and withal, I doubt not but you seem to hear the voice of tluit wicked one, guid dabitis? Avhatwill you i^ive me, jmd I will betray t/iii state, kingdom, and commonwealth ? But there are two observations (I might add a third, which is like unto a three-fold cord which cannot ea- sily be broken), will draw the charge more violently upon him.. ^The -first is of the time when tliis doctrine of destruc- tion, was set forth. It was preached in the heat of the loan, and of those imprisonments which accompanied tiic loan, and it was printed in the beginning of that term, whicli ended in a remittitur ; so that yoa might guess there might be a double plot, both by law andf conscience, to set on fire the frame and estate of this commonwealth: and one of these entailed foxes was Mr. Manwaring. • Another note may be taken of the time, tliat*is, the unseasonableness of it ; for this doctrine of the loan, in case of necessity, w as the year after an assent in parlia- ment to four subsidies and three fifteenths, which might have served for a sufficient stopple for the doctor sr mouth, to kee]) in his doctrine of necessity. * A second observation may be of the means by which he seeks to desti^oy the commonwealth : his means are divinity ; yea, by his divhiity he would destroy both king and kingdom. . ,\ 1. The king — for can there be a greater mischief to a pnnce than to put the opinion of deity into his ears? 1 or^ if from his ears it should pass to his heart, it might be mortal : you know how Herod perished. Now this man gives a participation of divine omnipotence to kings and though a part may seem to qualify, yet all doth. seem again to till up that qualification, and very dan- gerously, if w^e remember what God saith of himself: I am a jealous God. 2. He goes about to destroy the kingdom and com- I' r -, ^4 MR. ROUSE. [a,d. 1628, monwoaltii by his divinity ; but do we ever find in scrip- ture such a divinity? Surely I rind tiicre that God is- a God of order, and not of confusion, and that tlie son of God came to save, and not to destroy ; by which it seems lie liath not his divinity from God, nor from the Son of God. Hut from tlic scriptures, I fiiid there is one in hell called the destroyer ; and that we may know he went to hell for his divinity, he names sundry Jesuits and friars with whom he consulted and traded for his di- vinity; but, not to hely even hell itself, the Jesuits are honester than he, and if he had not brought more hell unto them than he found in them, he had never found this divinity which he hath brouijht forth : yea^ in his qut)tations he hath used those shifts and falshoods, for tiiiich boys arc whipt in schools ; and yet by them he thinks to carry tlie cause of a kingdom. Ihit, for a conclusion, to give the true character of this man, whom I never saw, I will shew it you by one whom I know to be contrary to him. Samuel we all know to be a true prophet; now we read of Samuel, that he writ the law of the kingdom in a book, and laid it up before the Lord ; and this he did, as one of Air. Manwaring's own authors affirms, that the king may know what to command, and the people what to obey. But Mr. Manwaring, finding the law of this kingdom written in books, tears it in pieces, and tliat in the pre- sence of the Lord^ in a pulpit, tliat tlie king may not know M'hat to command, nor the people what to obey. Thus Mr. Manwaring, being contmry tO' a true pro- phet, must needs be a talse one ; and thejudgment of a felse prophet belongs to him. I have shewed you an evil tree, that bringeth forth evil fruit; and now it rests with you to determine whe- ther the following sentence shail follow : Cut it down, aod cast it into the fire! . D. 1628. A. D. 1628.] SIR JOHN ELLIOTT. 650 m scrip- God is- a tlie son of li it seems 16 Son of is one in \v he went !suits and or hii di- nsuits are more liell ivet found eai in his hoods, for r them he laracter of ou by one luel we all if Samuel, and laid me of Mr. king may at to obey. SIR JOHN ELLiorr. 7lic following is a noble instance of parliamentary eloquence; fur the strength and closcnesa of the reasoning, for the clearness of thu detail, for the earnebtness of the stile, it is ailmirable: it in sottrA' places reminds one strongly of the clear, plain, convincing, irrte>»' sistible appeals of Demosthenes to his hearers. There is nouiiecta-^ tion of wit, no studied ornament, no display of fancied sui)eriority ;. his whole heart and »oul arc in his iyubject, he is full of it ; his mind seems us it were to surround and penetrate every part of it;! nothing diverts him from his purpose, or interrupts the course of his reasoning for a moment. The force and connection of liis ideaa^ give vehemence to his expressions, and he convinces others, be- cause he is thoroughly impressed with the truth of his own opi- nions. A certain political writer of the present day might be sup- posed to have borrowed his (hggcd stile from this speakcjr. mmimm Mr. Speaker, ■ ■' We sit liere as the great council of the king, and in that capacity, it is our duty to take into consideration the. state and aftairs of the kingdom ; and, w hen there is occa- sion, to give a true representation of them by way of coun-^ :, sel and advice, with Avhat we conceive necessary or ex- ; pedient for them. In tliis consideration I confess many a sad thought,'' hath affrighted me, and that not only in respect of our? dangers from abroad, , which yet I know are great, asl they have been often prest and dilated to us ; but in res-^ pcct of our disorders here at home, which do inforce, those dangers, and by which they ai«e occasioned : for I- believe t slialj make it clear unto you, that both at first,j' the cause of these dangers were our disorders, and our disorders now are yet our greatest dangers ; and not so luuch the poteftpy of our enemies, a;? the weaJyipss, of, VOL. I. F . ' "^ 66 K' SIR JOHN ELLIOTT. [a. D. 1628. ourselves docs threaten us : and tliat saying of the father may be assumed by us, non tarn potentia sua quam negligent ia nostra. Our want of tme devotion to hea- ven, our insincerity and doubling in religion, our want of councils, our precipitate actions, the insufficiency or un- faithfulness of our {generals abroad, tlie i^orance or coniiptions of our nnnisters at home, tlie impoverishing of the sovereign, the oppression and depression of the subject, tiie exhausting of our treasures, the waste of our provisions, consumption of our ships, destruction of our men, these make tlie advantage to our .enemies, not the reputation of their arms; and if in these there be not reformation, we need no foes abroad ; time itself will ruin us. To shew tliis more fully, I believe you will all hold it necessary, that they seem not an aspersion on the state, or imputation on the government, as I have known such motions misinterpreted ; but far is this from me to pro- pose, who have none but clear thoughts of the excellen- cy of the king, nor can have other ends but the advance- ment of his majesty's glory. I shall desire a little of your patience extraordinary to open the particulars, which I shall do with what brevity I may, answerable to the importance of the cause and the necessity now upon us ; yet with such respect and observation to the time, as I hope it shall not be thought troublesome. For the first, then, our insincerity and doubling in reli- gion is the greatest and most dangerous disorder of all others ; this hath never been unpunished, and of this we have many strong examples of all states and in all times, to awe us. What testimony doth it want.^ Will you have authority of books? I^ok on the collections of the committee for religion ; there is too clear an evidence. See then the commission procured for composition with tile papists of the north: mark the proceedings there- upon, and you will find them to little less amounting tlian a toleration in effect ; the slight payments, and the easi- ness in them, will likewise shew the favour that is in- A. X), tendc hopes all th comm cretar elsewh tainty of tha tliatga tlienise oppose For order ii If effect feet del ters seri with the judgmen in affairs are we i cestors.? many, a their safe themselvi sel owe T ficed boti those grci Jt might J section to Jng; I m( yet so sad advantage wisdom of ^ow they have as m and ambiti not satisfy" ^ X . 1698. M^h. 1628.] SIR JOHN ELLIOTT. 9f^ e father fi (juam to hea- wantof y or un- aivce or perishing )n of the ite of our on of our 1, not the e be not f will ruin i\\ hold it . the state, nown such me to pro- pexcellen- ^ advance- a little of )articular8, wcrable to now upon ic time, as tended. Will you have proofs of men, witness the hopes, witness tne presumptions, witness the reports of all the papists generally; observe the dispositions of commanders, the trust of officers, the confidence in se« I cretaries to employments in this kingdom, in Ireland, and elsewhere. These all will shew it hath too great a cer- tainty; and to this add but the incontrovertible evidence of that all powerful hand, which we have felt so 8orely,i" . that gave it full assurance ; for as the heavens oppose '*' themselves to us for our impiety, so it is we that first • opposed the heavens. ^ For the second, our want of councils, that great dis- > order in a state, with which there cannot be stability. > If effects may shew their causes, as they are often a per- \ feet demonstration of tliem, our misfortunes, our disas*!^ ters serve to prove it, and the consequences they draw with them. If reason be allowed in tiiis dark age, the judgment of dependencies and foresight of contingencies . in affairs do confirm it; for if we view ourselves at home^^ are we in strength, are we in reputation equal to our an-» ^ cestors? If we view ourselves abroad, are our friends as *• many, are our enemies no more ? Do our friends retain ' their safety and possessions? Do not our enemies enlarge themselves, and gahi from them and us ? To what coun- . • sel owe we the loss of the Palatinate, where we sacri-* ficed both our honour and our men sent thither, stopping ' those greater powers appoiJited for that service, by which it might have been defensible. What counsel gave di-» rection to the late action, whose wounds are yet bleed- ing ; I mean the expedition to Rhee, of which there is yet so sad a memory in all men ? what design for us, or advantage to our state could that import ? You know the wisdom of your ancestors, and the practice of their times, how they preserved their safeties : we all know, and have as much cause to doubt as they had, the greatness and ambition of that kingdom, which the old world could not satisfy*. Against this greatness and ambition, we * This ^eems to ntelfBry finely expressed. E. f 2 6S sift JOHN ELLIOTT. [a. D. 1628. likewise know the proceedings of that princess, that- never to be forgotten, excellent queen, ElizabeJ^i, whose name, witliout admiration, falls not into mention even with her enemies ; yon know how she advanced herself, jlnd how slie advanced the nation in glory and in st^te ; how she depressed our enemies, and how she upheld her friends; how she enjoyed a full security, and made tliem, our scorn, who now are made oyr terror ! Some of the principles she built on were these ; ancl if I mistake, let reason and our statesmen contradict me. rirst, to maintain, in what she might, an unity in Prance, that the kingdom being at peace within itself, might be a bulwark to keep back the power of Spain by land. Next, to preserve an amity and leagu*^ between that state and us, that so we might come in aid of the Low Countries, and by that means receive their ships and help them by sea. ' -i^.^kj ' . ^ to *€ m^im^ , \r-M'.: This treble cord, so working between France, me States, and England, might enable us, as occasion should require, to give assistance unto others; and by this means, the experience ofthat time doth tell us, that we were not only IVce from those fears that now possess and trouble us, but then our names were fearful to our ene- mies. See now what correspondency our actions had with this ; square our conduct by these rules ; it did induce, as a necessary consequence, a division in France between the protestants and their king, /of which there is too woeful and lamentable experience. It hath made an absolute breach between that state and us, and so entertains us against France, and France in preparation against us, that we have nothing to promise to our neighJDours, nay, hardly to ourselves. Nay, observe the time in which it was attempted, ^nd you shall find it not only varying from tliose principles, but directly contrary and opposite ex diametro to those ends, and such, as from the issue and success, rather might be thought a conception of Spain, than begotten here with us. Here there was an interruj^ion made by sir Humphry bntoMt <^onje, if I could will A.D. 1628.J ' SIR JOHN ELLlOtT*' 69 I\fay, (chancellor of the duchy, and one of the privy council,) expressing a dislike ; but the house ordered Sir Joihn Elliott to go on ; whereupon he proceeded thus : . Mr. Speaker, I am sorry for this interruption, but much more sorry if there hath been occasion ; wlierein, as I shall submit myself wholly to your judjiment, to re- ceive what censure you shoiiJd gjve roe if I have of- fended, so, in tiie integrity of my intentions, and clear- ness of my thou<^ts, I must stiU retain this confidence, that no greatness shall deter me from tlie duties which I owe to the service of my king and country, but that, with a tnie English heart, I.shall dischEHrge myself as faithfully and as really, to the extent expressed, with a prayer unto his majesty, that • for the , safety of himself, for the safety of the kingdom, and for the safety of religion, he will be pleased to give us time *• to make perfect inquisition thereof^ or to take them i into his own wisdom, and there give them such timely , reformation as the necessity and Justice of the case doth import And thus, sir, with a large affection and loyalty to his majesty, and with a firm duty and service to my > couutiy, I have suddenly (and it may be with some dis- order) expressed the weak apprehensions I have, wherein, if I have ciTed, I humbly crave your pardon, and. so submit myself to the censure of the house. SIR BENJAMIN RUDYARD Was menber for Wilton. That which is here given is by far the best speech of hiy extant. It might pass for the heads of on« of Burke's speeches, without the ornaments and without the ele- gance. It has all the good sense, and moral wisdom, only more j)lain and practical. d "twr Sir Benjamin lludyard's Speech in the Committee ap- pointed to inquire into the State of Religion. Mr. Pym, 1 did not think to have spol<€n to this bill, because I was willing to believe that the forwardaess dP ■ i v • ... ■ ', 74 * SIR BENJAMIN RUDVARH. [a. D. 1628. this committee would have prevented me; but now I ' hold myself bound to speak, and to speak in earnest. In the first year of ihe king, and the second con- vention, I first moved for the increase and enlargement of poor ministers' livings. I shewed how necessary it was, though it had been neglected ; this was also com- mended to tlie house by his majesty. There being then, as now, m^ny accusations on foot against scandalous ministers, I was bold to tell the house, that there was 5 also scandalous hvings, which were much the cause of tlie other. Livings of five pounds, nay, even five marks a year; that men of worth and parts would not be muzzled up to such pittances ; that there were some such places in England, as were scarce in all Christendom be- side, where God was little better known than amongst the Indians. I exampled it in the utmost skirts of the nortli, where the prayers of the common people are more like spells and charms than devotions. The same blindness and ignorance is in divers parts of Wales, which njany in that country do both know and la- ment. I also declared, that to plant good ministers was the strongest and surest means to establish true religion ; thnt it would prevail more against papistry, tlian the making of new laws, or executing of old ; that it would counterwork court connivance and luke-warm accommo- . . dation ; that though the calling of ministers be never so glorious within, the outward poverty will bring contempt upon them, especially among those who measure them by the ounce, and weigh them by the pound, which in- deed is the greatest part of men. Mr. Pym, I cannot but testify how, being in Gennany, I was exceedingly scandalized to see the poor stipendi- ary ministers of the reformed churches there, despised and neglected by reason of their poverty, being other- M'ise very grave and learned men. I am afraid this is a part of the burthen of Germany, which ought to be a warnmg to us. liVr.: 'a. D. 1628.1 A. D. 1628.] SIR BENJAMIN RUDYARD. 75 I have heard many objections and difficulties, even to impossibilities against this bill. To him that is unwilling to go, there is ever a bear or a lion in the way. First, let us make ourselves willing, then will the way be easy and safe enough. I have observed, that we are always very eager an(jl fierce against papistry, against scandalous ministers, and against things which are not so ipuch in our power. I . should be glad to see that we did delight as well in re- warding as in punishing, and in undertaking mattery within our reach, ac this ia absolutely within our power. Our own duties are next us, other men's further off. 1 do not speak this, that I do mislike the destroying and pulling down of that which is ill, but then let us be as earnest to plant and build up that which is good in the room of it. The best and the greatest way to dispel darkness, and the deeds thereof, is to let in light ; we say that day breaks, but no man can ever hear the noise of it ; God comes in the still voice ; let us quickly mend our candlesticks, and we shall not want lights. I am afraid this backwardness of ours will give tlie adversary occasion to say, that we chose our religion be- cause it is the cheaper of the two, and that we would willingly serve God with somewhat that costs us nought; believe it, Mr. Pynj, he that thinks to sa.ve any thing by his religion, but his soul, will be a terrible loser in the end. We sow so sparingly, and that is the reason wc reap so sparingly, and have no more fruit Metliinks, whosoever hates papi^^try, should, by the same rule hate covetousness, for that is idolatry too. I never liked hot professions and cold actions ; suci. a heat is rather the heat of a distemper and disease, than pf life and saving health. For scandalous ministers, there is no man shall be more forward to have them severely punished than I will be : when salt has lost its savour, fit it is to be cast on that unsavoury place, the dunghill. But, sir, let us deal with them as God hath dealt with us: God, before he ^ V affRBENJAMiN KUbf AR!i. [!*.<). 1528. I A.D.J6 miidc man, made the world, a hamisoine place for him to dwell in ; so let us provide them some convenient liv- ings; arrd then punish them in God's name; but till then, scandalous living-* cannot but have scandalous ministers. It shall ever be a rule to me, that when the church and commomvealtli are both of one religion, it is comely tnd 'decent that the outv» ard spl**ndour of the church should hold a proportion, and participate with tlie pros^pcrity of < tlie temporal state ; for why sljo^ild we dwell in bouses of cedar, and softer God to dwell in tin. It was. a glorious itnd religious work of king James,, and I speak it to his onspeafcabJe hrmour,. and to the praise of that nation, who (though tliat country be not so rich »s oors, yet are they richer in tlieir affections to religion) within the space of one year caused churches to be planted tlirongh all ScotFand. the highlands and borders,, worth 301. a-ycar a prerce, with a house and some glebe belonging to them ; which 3CH^ a-year,. considering the cheapness of the conntrjV and the modest fashion of ministers living there, is worth double as much as any wliere within a Iwinidre^ miles of London. The pnnted act aixl commissiwi whereby it may be executed,, I have- hei^ in • my hanc^ deliva'ed unto me by a noble gentleman of that natire {mrticulaiiy,. I shall scarce think this a christian commonwealth ; seeing it hath been moved in r-arliament, it will lie heavy upon parliatmeats,, imtil it be effected. Let us do something for God here of oar own, and no doubt God will bless our proceedings in.this. j*laee the better for ever hereafter ; and for my own part, I will never give ovpi* soliciting this cause, as long as parliaments and I shall live together. k.c. 1638. I A.D. J6£8.3 sifi Aobebt philips. f "*.-. :\. SIR ROBERT PHILIPS. lliia geutkmao was not one of those who make speeches out of mere parade aiid ostentation ; he never spoke but when he wd9 iB ♦amest, nor indeed till he was in a downright passion. ■.' •i, .; i ^' ..',"» t'/l '■! Au' Sir Robert Philips s Speech on the Dissolution of tfic Parliamefit. I PERCEIVE, that towai'ds God and towards man, tilierc is little hope, after our humble and careful endeavours, seeing our sins arc so many and so great. I consider my own infirmities, and if ever my passions were wrought . upon, it is now. This message stirs me up, especially • when I remember with what moderation we have pro- , ceeded. I cannot but wonder to sec the miserable strait we are now in — v.hat have we not done to have merited better? Former times have given wounds enough to the peo- ple's liberty ; Ave came hither full of Mounds, and we have cured what we could ; yet what is the return of all, but misery and desolation ! what did wc aim at, but to have served his majesty, and to have done that which would have made him great and glorious ? if this be a fault, tlicn we are all criminous. What shall we do, since our humble purposes are thus prevented, which were not to iiave laid any aspersion on the government ; for they tended to no other end, but to give his majesty true information of his and our danger ; and to this we are enforced out . of a necessary duty to the king, our country, and to • posterity ; but we being st0[)ped, and stopped in such a manner as we are now enjoined, must leave to be a coun- cil. I h?av thi§ with that grief as the saddest iiiessq^e of *' \ 78 EDMUND WALLER. fA.Djl54e. the greatest loss in the world. But let us still be wise, be humble ; let us make a f^iir declaration to the king. Let us presently inform Li» majesty, that our nrm intents were to shew him in what danger the common- wealth and state of Christendom stands, and therefore, Since our counsels are no better acceptable, let us beg his majesty's leave, every man, to depart home, a )J pray to God to divert those judgments and danger* M'hich too fearfully and imminently hang over our heads. ii' EDMUND WALLER (The celebrated Poet,) Was born in l605, and died in l587. He was member for St. Ives. , At first he was hostile to the court; but he seems to have been << very wavering and undecided in his political opinions, and changed i' his party very often, according to his whim or convenieiice. I "' do not think there is any thing in the following speech very excel- *<^ lent, either for the matter or manner of it. i^' , Mr. Waller's Speech on the Supply. ;t Mr. Speaker, 1 WILL use no preface, as they do who prepaie men for something in which they have a particular interest. I will only propose what I conceive fit for the house to consider, and shall be no more concerned in the event than they that shall hear me. Two tilings I observe in his majesty's demands ; first, the supply, secondly, your speedy dispatch thereof. 'Touching the first, his majesty's occasions for money are but too evident : fpr to say nothing how we are ne- glected abroad, and distracted at home, the calling of this paiiiament, and our sitting here (an effect which A.D. 164 no light c to make i abounds occasions disprove from this him see t ment of 1 whatsoeve For the cond thin The occa come upo The us( writs that of things And it h good and in general, ticular gri< Look bad find, that on the pe< part. Eve parliament and then c and purses latest, mu been, but us not sti rigidly poi our lighter done, M'itl with his ni evils that themselves sielves in never give ..D. 1640. 1 be wise, le kine. our firm common- therefore, let us beg lome, {1 id d dangers )ur heads. for St. Ives. have been and changed venience. I 1 very excel- I'i <* ■ e men for terest. I house to the event ids; first, reof. br money 'e are ne- calling of ect which A.D. 1640.] E1>MUND WALLER. ' 79 no light cause in these times hath produced) is enough to make any reasonable man believe, tlint the exchequer abounda not so much with money, as the state doth in occasions to use it ; and I hope we shall appear willing to disprove those who have thought to disstiade his majesty from this way of parliaments as uncertain, and to let him see that it is as ready and more safe for the advance- ment of his affairs, than any new or pretended old way whatsoever. For the speedy dispatch required, which was the se- cond thing, not only his majesty but res ipm loquitur. The occasion seems to importune no less ; necessity is come upon us like an armed man. The use of parliaments heretofore, as appears by the writs that call us hither, was to advise with his majesty, of things concerning the church and commonwealth. And it hath ever been the custom of parliaments, by good and wholesome laws, to refresh the commonwealth in general, yea, and to descend into the remedies of par- ticular grievances, before any mention made of a supply. Look back upon the best parliaments, and still you shall find, that the last acts are for the free gifts of subsidies on the people's part, and general pardons on the king's part. Even the wisest kings have first acquainted their parliaments with their designs, and the reasons thereof, and then demanded the assistance both of their counsel and purses. But physicians, though they be called of the latest, must not stomach it, or talk what might have been, but apply themselves roundly to the cure. Let us not stand too nicely upon circumstances, nor too rigidly postpone the matter of supply to the healing of our lighter wounds. Let us do what possibly may be done, with reason and honesty on our part, to comply with his majesty's desires, and to prevent the imminent evils that threaten us; consider that they who think themselves already undone, can never apprehend them- sielves in danger, and they that have nothing left can never ^ve freely ; nor shall we ever discharge the trust ^ ^^. .^J'^^ w. IMAGE EVALUATION TEST TARGET (MT-3) // /- 1.0 |iO ""^ lli^ ^Wk 122 u lift I.I 1.25 III '-'^ '-^ V] vl Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 S N^ f\ (V \\ <^ ^ o % f 1^ ^^ 80 EDMUND WALLER. fx.D. 1640. of those that sent us hither, or make them believe that they contribute to their own defence and safety, unless his majesty be pleased first to restore them to the pro- perty of their goods and lawful liixirties, whereof they esteem themselves now out of possession. One need not teil you that property of goods is the n^other of qou- rage^ and the nurse of industry; it makes us valiant in war, and industrious in peace. The experience I have of former parliaments, and my present observation of the care the country has had to chuse persons of worth and courage, make me think this house like tlie Spartarts, vhose forward valour required some softer music to allay and quiet their spirits, too much moved with the. sound of martial ins;truments. 'Tis not the fear of im- prisonment, or if need be, of deatli itself, can keep a ti'uc f learned Englishmsin from the care, to leave this part of his inheritance as entire to his posterity, as he received it from his ancestors. This, therefore let us first do, and that speediljs that Ti'^e may come to the matter of supply. Let us give new force to the old laws, which have been heretofore for the maintaining of our rights and privileges, and endea- vour to restore this nation to its fundamental and vital liberties, the property of our goods, and the freedom of oui' persons ; no way doubting, but that we shall find his majesty as gracious and ready as any of his royal proge- nitors have been, to grant oiu* just desires therein. For not only the people do think, but tlie wisest do know, that what we have suffered in this long vacancy of parli- aments, we have suffered from his ministers ; tliat the person of no king was ever better beloved of his people, and yet tliat no people were ever less satisfied with the present ways of levying money. These arie two trutiis which may serve, the one to demonstrate tlie other ; for such is the opposition to the present courses, that neither the admiration they have of his majesty's natural incli- nation to justice and clemency, nor the pretended con- sent of the judges, could make them willingly submit ^.D. 1640. jlieve that jty, unless to the pro- ereof they One need her of Qou- i valiant in snce I have ervation of 18 of worth le Spartans, r music to 3d with tlie, fear of im- keepa ti'ue ! this part of he received »eedil}S that us give new •etofore for and endea- ;al and vital freedom of hall find his oyal proge- hcrein. For it do know, icy of parli- tliat the liis people, led with the two truths I other; for Ithat neither ktural incU- lended con- igly submit A. n; 1640.] EDMUXD WALLER. 61 themselves to this late tax of ship money; and such is their natural love and just esteem of his majesty's good- ness, that no late pressure could provoke them, nor any example invite t[iem, to disloyalty or disobedience. What is it, then, that hath bred this misunderstanding betwixt' the king and his people ? How is it that, having so good a king, we have so much to complain of ? Why, Mr. Speaker, we are told of the son of Solomon, that he was a prince of a tender heart, and yet by the advice oi violent counsellors, how rough an answer he gave to his peojjle, — that his fingers should be as heavy as his fa- ther's loins : this was not his o\\ n, but the voice of some persons about him, that wanted tlie gravity and mode- ration requisite for the counsellors of a young king. j^A I wonder at those that seem to doubt the success of this parliament, or that the misunderstanding between the idng and his people should last any longer, when now they are so happily met. His majesty's wants are not so grieat, but that we may find means to supply him, nor our desires so unreasonable or incompatible with government, but that his majesty might well satisfy them; foi* our late experience, I hope, will teach us what rocks to shun, and how necessary the use of mo- . deration is ; and for his maje.sty, he has had experience enough how that prospers which is gotten without the concurrent good Aviil of his people : never more money taken from the subject, never more Want in the exche- quer. If we look upon what has been paid, it is more than usually the peoj)lc of Engkind were wont to pay in such a time. If we look upon what has been effected therewith, it shews as if never king had been worse supplied ; so that we scenl to have endeavoured the filling of a sieve with water \\'hosoever gave advice for these courses, has made good tlie saying of the vise man, Qui conturhat domum suam, possideb'tt vcfitum. By new ways they think to accomplish vvondei's, but, in truth, they grasp the wind, and are at the same time ci'uel to us and to the king too ; for let the counnonwealtli floU'« VOL. 1. o 82 EDMUND WALLER. [A. D. 1640 rUh) and then he that hath the sovereignty can never want, nor do amiss ; so as he governs not according to ^c interest of others, but goes the shortest and easiest way to his own and t^e common good. i„The kings of this nation have always governed by pfurUanient ;— and if we look upon the success of tilings since parliaments were laid by, it resembles that of tlie Grecians. ' JSr illo fiiiere Sf retro sublapsa referri. Res Danaum ' • especifll)y on the subjects' parts ; for though the king hath gotten little, they Imve lost all. But his majesty shall now hear the truth from us ; and we shall make appear the errors of divines, who Mould persuade us that a inonarch must be absolute, and that he may do all things ad libitum ; receding not only from their text, thbugh that be a wandering too, but from the way their own profession might teach them ; stare super mas anti- quas, and not to remove the ancient bounds and land- marks, which our fathers have set. If to be absolute were to be resti'aincd by no laws, then can no king in Christendom be so ; for tliey all stand obliged to the laws christian, and we ask no more ; for to this pillar is our government fixed; our kings, at their coronation, taking a sacred oath to secure us. I am sorry these men take no more care to gain our belief of those things, which they tell us for our soul's healtli, w'hile we know them so manifestly in the wrong in that which concerns the liberties and privileges of the subjects of England ; but tliey gain preferment, and then it is no matter though they neither believe themselves, ..nor are believed by others ; yet, since they are so ready to let loose the conscience of their king, we are the more carefully to provide for our protection against this pulpit vlaw, by declaring and reinforcing the municipal laws of ♦Jthe kingdom. It is worthy the observing, how new tliis opinion, or rather this way of rising is, even amongst D. 1640 an never jrd'mg to d easiest erned by of tilings tiat of tlic A.D. 1040.] EDMUND WALLER* 99 h th€5 king lis majesty shall make >ersuade us he may do n their text, le way their er vids anti' is and land- be absolute ,1 no king in lUged to the ' this pillar is coronation, Uiemselves; for IVJr. Hooker, who was no refractory^ man, (as they term it) thinks, that the first ;»oveniment was arl»trary, until it was found, that to live by one mans wilJ, became all mens misery. These are his^V* words, concluding, that this was the original of inventing laws : and if we look further back, our histories will tell us, that the prelates of tliis kingdom have often been the mediators between the king and his subjects, to pre- sent and pray redress of their grievances; and had re- ciprocally, then, as much love -and reverence from the people ; but these preachers, more active than their predecessors, and wiser than the laws, have found out a better tbrm of government. Tiie king must be a mor6 absolute monarch than any of his pretiecessors ; and to them he must owe it, though in the mean time they hazard the hearts of his people, and involve hini in a thousand difficulties : for suppose this form of government were inconvenient, (and yet this is but a supposition, for, during these five hundred years, it hath not only maintained us in safety, but made us victorious over other nations :) I say, suppose they have an idea of one more convenient ; we all know how dangerdfTs innovations are, though to the better; and what hazard those princes must run, tliat enterprize the change of a long established government ! Now, of all our kings that have gone before, aod of all that are to succeed in this happy race, why should so pious and so good a king be exposed to this trouble and hazard ? besides that, kings so diverted can never do any great matter abroad. But whilst these men have thus bent tlieir wits against the laws of their country, whether they have not neglected their own province, and what tares are giown up in the field wliich they should have tilled, I leave to a second consideration ; not but that re- ligion ouglit to be the first tiling in our purposes Euid de- sires, but tluit which is first in dignity is not always to precede in order of time : for well being supposes a and tlie first impediment which men naturally g2 being , :r \ ■'■ . ■/ 84 LORD DIGBY. i\ [A;d.1640. «^/ - I endeavour to remove, is the want of those things without which they cannot subsist. : , God first assigned to Adam maintenance of life, and •gave him a title to the rest of the creatures, before he appointed him a law to observe ; and let me tell you, that if our adversaries have any such design, as there is notliing morc easy than to impose a religion on a people deprived of tlieir libertiies, so tliere is nothing more hard, tlian to do the same upon free men. And therefore, Mr. Speaker, I conclude with this mo- tion, That there may be an order presently made, that the first thing this house will consider of, shall be the restoring of this nation in general to their fundamen- tal and vital liberties, the property of our goods, and freedom of our persons ; and that then we will forthwitli consider of the supply desired. Thus shall we discharge the trust reposed in us, by those that sent us hither ; his majesty will see that we make more than ordinary haste to satisfy his demands ; and we shall let all those, know, that seek to hasten the matter of supply, that they will so far delay it, as they give interruption to the former. ; t^^"?S^'K:h LORD GEORGE DIGBY, tw^^ (Son of thejirst Earl of Bristol,) Was born in l6l9, and died in 1676. He was member for Dorset*"/ • shire in the long parliament. He at first opposed thecourt, but •■ afterwards joined the royal party, and was expelled. t-.^.^,. -1 ." '-■: »'((.*: iX'^.Ei* .-£'',5.". f ■ Lord Digbys Speech on Frequent Parliaments. ,, | ■,rf Mr. Speaker, -sir-m r.f<- \'}:,'W']''\ ■ipf^^-'M^^.k^ I RISE not now with an intent to speak to the frttoi* and structure of this bill, nor much by way of anslWer A.D.1G40.] LORD DIGBY. to ol)jection3 that may be made ; I hope there will be no occflsion for this, but that we shall concur all, unani- mously, in what concerns all so universally. Only, sir, by way of preparation, to the end that we may not be discouraged in this great work, by difficul- ties that may appear in the way of it, I shall deliver unto you my apprehensions in general, of the vast import- ance and necessity that we should go through with it. The result of my sense is in siiort this, that unl . ss there be some such course settled for the frequent con- vening of parliaments, as may not be eluded, neither the people can be prosperous and secure, nor tlie king . himself solidly happy. I take this to be the unum neces- sarium. Let us procure this, and ail our otlier desires will effect themselves. If this bill miscarry, I shall have no public hopes left me ; and, once past, I shall be freed of all public feard. ' ' . The essentialness, sir, of frequent parliaments to the happiness of this kingdom, might be inferred unto you by the reason of contraries, and from the woeful experience which former times have had of the mischiev- ous effects of any long intermission of them. But, Mr. Speaker, why should we climb higher than , the level we are on, or think further than our horizon ; or have recourse for examples in this business to any other promptuary than our own memories; nay, than the experience almost of the youngest here. The reflection backward on the distractions of former times upon intermission of parliaments, and the consi- deration forward of the mischiefs likely still to grow from the same cause, if not removed, doubtlessly gave first life and being to those two doDiuiut statutes of Kd ward III. for the yearly holding of a parliament; and shall not the fresh and bleeding experience in tl.e [)resent age, of miseries from the same spring, not to be paralelled in any other, obtain a wakening, aresur-» rcction for them ? - The intestine distempers, sir, of former ages upon the \ i^ LOUD DICBV. [a.d. 1640. ' tvant of parliaments, may appear t» have had some other co-operative causes ; as sometimes unsuccesBful wars abroad, sometimes tije absence of tlie prince, t: sometimes competitions of titles to the cro^vn, sometimes perhaps the vices of the king himself. t Let us only consider the posture, the aspect of tljis '8tate, both towards itself and the rest of the world, the person of our sovereign, and the nature of our suffering, since the third of bis reign ; and there can be no cause, •: coloufably inventible, whereunto to attribute them, but •/the intermission, or, which is worse, the undue frustra- vtion of parliaments, by the unlucky use, if not abuse of •prerogative, in dissolvmg them. Take into your view, • Mr. Speaker, a kingdom in a state of the greatest quiet ' end security that can be fancied, not only enjoying tlie {. calmest peace itself, but to improve and secure its happy ' condition, all the rest of the world at the same time in , tempests, in combustions, in uncomposable wars. Take into your view, sir, a king, sovereign of three ' kingdoms, by a concentring of all the royal lines in his .person, as indisputably as any mathematical ones in EucUd ; a king, firm and knowing in his religion, emi- ■ nent in virtue ; a king, that hath in his own time given ': all the rights and liberties of his subjects a more clear and ample confirmation^ freely and graciously, (I mean in the petition of right) than any of his predecessors, (when tiie people iiad tliem at advantage,) extortedly. ■:. This is one map of England, JVfr. Speaker. A man, sir, that should present unto you now, a . kingdom, groaning under th«jt supreme law, which saltts '■: populi periclUala would enact ; the liberty, the property of the subject fundamentally subverted, ravished away by the violence of a pretended necessity ; a triple crown .. shaking with distempers ; men of the best conscience ' V ready to fly into the wilderness for religion ! Would not « one swear that this were the antipodes to the other? And yet, let me tell you, Mr. Speaker, this is a map of England too, and both at the same time but too true. A. D. 1640.] LORD DICBV. #7 As it cannot be denied, IMr. Speaker, tliat since tlje con-* quest, there hath not been in this kingdom a fuller cori- currence of all circumstances in the former character, to have made a kingdom happy, than for these twelve ycats^ last past; so it is most certam, that there hath not been in all that deduction of ages such a conspiracy, if one may so say, of all the elements of mischief in the seconU character, to bring a flourishing kingdom, if it were pos- sible, to swift ruin and desolation. ^'' . I will be bold to say, Mr. Speaker, (and I thank God, we have so good a king, under whom' we may spdalk boldly of the abuse of his power by ill minister!^, without reflection upon his person,^ that an accuhiiilation of 41 the public grievances since magna chqrta, 6ne upcm another, unto that hour in m hich the petition of Ti^ht past into an act of parliament, wopld' not amouht to so oppressive, I am sure riot to so destructive, a height and magnitude, to the rights and property of the subject, as one branch of our beslaving since the petition of right ! The branch I mean is the judgment concerning ship monev^ '''^' ' ^ ^^W'iLr'tjm^ mm o^f^jr »!;r- This being a true representation of England, in both aspects, let him, Mr. Speaker, that (for the unmatched oppression and enthralling of free subjects; in a time of the best king's reign, and in memory of the best la\Vs enacted in favor of subjects' liberty) can find a truer cause than the ruptures and intermission of parliaments, let him, I say, and him alone, be against the settling of this inevitable way for the frequent holding of them'. ' ' 'Tis true, sir, wicked ministers have been tile proxi- mate causes of our miseries; but the want of pailia-, ments, the prim^ty, the efticient causes'; ill ministers have made ill times , but that, sir, hath made ill Jjii- ,1 have read, among the laws of the Athenians, a form of recourse*, in their oaths and vows of their'greatdst and public concernment, to a threefold deity : Supplkmm * Address* w [a.d. 1^40. craiiditoriy purgatori, inalorum dvpuhori. I doubt not but we, here assembled for tlie cominonM eidth in tliis parliament, shall meet with jill tlicse attributes in our sovereign. I make no question but he will graciously hear our supplici'tions, purge away our grievances, and expel malefactors ; that is, remove ill nnniiiters, and put good in their places. No less can be expected from his wisdom and goodness. But let me tell you, Mr. Speaker, if we partake not of one attribute more in him ; if we address not our- selves unto that, I mean bonorum conscrratori, wc can have no solid, no durable comfort in all the rest ; for let his majesty hear our complaints never so compas- sionately ; let him purge away our grievances never so efficaciously ; let him punish and dispel ill ministers never so exemnlarily ; let him make choice of good ones never so exactly ; yet if there be not a way settled to preserve and keep them good, the mischiefs and they will all grow again like Sampson's locks, and pull down the house upon our lieads. Believe it, Mr. Speaker, , they: will. , ."-' ^-'-'-^-i.:.. :.^--:L.^,:y -.:^,,J f-'::t./:i i It hath been a maxim among the wisest legislators, that whosoever mqans to settle good laws, must proceed in them with a sinister opinion of all mankind, and sup- pose that whosoever is not wicked, it is for want only of the opportunity. 't It is that ofjportunity of being ill, Mr. Speaker, that we must take away, if ever we mean to be happy ; which can never be done, but by tlie frequency of parliaments. . No state can wisely be confident of any public rainister s continuing good, longer tlian the rod is over him. . . Let me p.ppeal to all those that were present in this house, at the agitation of the petition of right ; and let them tell us truly, of whose promotion to the manage- ment of affairs do they think the generality Mould at that time have had better hope?, than of the late ]\ir. Noy and sh" Thomas Went^\ orth, botli being at that A!t)."lC4(>.] '7 ^- T-f ■-■--,-*-♦'», -J_ R9 time aiid hi tlmt business, as I liuvc heard, mo.st keen iiiid active patriots, and the latter of thcui (to the eler- imi aggravation of his infamous treachery to tlie coin- monwcalth l)e it spoken) the first mover juid iiisister to liave this chiuse achled to tU'j i)etition of i-i obcdtcntct gamknt : — ^To this Caniilhis advised the llo- , mans. Let a prince consider what it is tliat moves ii people principally to aflcction and dearnes.s towards tiicir ttcvereign, he shall sec that there needs no other artifice in it than to let tlu^ni enjoy, iinniolestedly, uluit belouj^s unto them of right ; if that hath been invaded and vio- lated in any kind, whereby afVections are alienated, the next consideration for a wise prince, that would be happy, is how to regain tliem; to which three things are equally necessary. Re-instating them in their former liberty. Avenging them of the authors oftho.se violations. And, Securing them from apprehensions of the like again. The first, God be thanked, we are in a cood way of. The second in warm pursuit of. But the third, as essen- tial as all thfc rest 'till wc be certain of triennial parlia- ments at tlic least, I profess I can have but cold hopes of. I beseech you then, since that security for the future is so necessary to that blessed unipn of aftcctipns, and this bill so necessary to that security, let us not be so wanting to ourselves, let us not be so wanting to our sovereign, as to forbear to ofter unto him this powerful, this everlasting philter, to charm unto him the hearts of his people, w hose virtue can never evaporate. There is no man, Mr. Speaker, so secure of ano- ther's friendship, but will think frequent intercourse and access very requisite to the support, to the contirmatioii of it ; especially if ill offices have been done between them ; if the raising of jealousies have been attempted. There is no friend but would be impatient to be de- barred from giving his friend succour and relief in his necessities. Mr. Speaker, permit me the comparison of great things with little ; what friendship, what union can there be so comfortable, so happy, as between a gracious sove- reign and his peo})le ? and what greater misfortune can there be to both, thim to be kept from, intercourse, from [a. I). 1C40. I A.D. 1G40.] I, LORD DIUDY, 91 the means of clearing misunderstandings, fiom iiitcr- clmnge of mutual benefits ? Tlie people of England, sir, cannot open tlieir ears, their hearts, their mouths, or their purses to his majes' ty, but in parliament: — we can neither hear hint, nor complain, nor acknowledge, nor give, but there. This bill, sir, is the sole key tluit can open the way to a frequency of those reciprocal endearments, v,\\idi must make and perpetuate the happiness of the king and kingdom. Let no man object any derogation from the king's pre- rogative by it. We do but present the bill ; it is to be made a law by him. His honour, his power, will be AS conspicuous in commanding at once tliat parliaments shall assemble every third year, as in commanding a parliament to be called this or that year. There is more of majesty in ordaining primary and universal causes, than in the actuating particularly of subordinate effects. I doubt not but^at glorious king Edward III. when he made those laws for the yearly calling of parliaments, did it with a right sense of his dignity and honour. }^ The truth is, sir, the kings of England are never in their glory, in their splendor, in their majestic sove- reignty, but in parliament. Where is the power of in^posing taxes? where is the power of restoring from incapacities ? where is the legis- lative authority? why, marry, in the king, Mr. Speaker — but how? in the king, circled in, fortified, and evirtuated by his parliament. The king, out of parliament, hath a limited, a cir- cumscribed jurisdiction. But waited on by iiis parlia- ment, no monarch of the East is so absolute m dispelling grievances, -r?^^ - . Mr. Speaker, in chasing ill ministers, we do but dissi- pate clouds that may gather again ; but in voting this bill, we shall contribute, as much as in us lies, to the pei- petuating our sun, our sovereign, in his vertical, in his noon day lustre. ',. ,>v;| V - 92 stftjoiiN Xthay, T SIR JOHN WR AY, (M'pmberfor Lincolnshire.) His epeech is chiefly remarkable for the great simplicity of the stile, •^ and aii aii instance of the maimer hi which an honest country |, gentlemai>, without much wit or eloquence, but with some pic- ^ tensions to both, mi^ht be supposed to express himself at this P period. ■')a ,mm *^4 LkI Sir John JVroys Speech. & ■ Mr. Speaker,.'*'' '^*f^^,:Ri«i*^i -.idvu^wsi ■.Mm"?- I TAKE it we have now sat in this great council fifteen or sixteen weeks ; a longer time than any par- liament hath done these many years : God hath given us a fair and blessed opportunity, if we lay hold of it, and call to mind the best motto for a parliament, whicli is, non qtiam diu, sed quatn bene. ^ Mr. Speaker, we have had thus long, under our fa- thers, many ostrich eggs, which, as some observe, arc longest in hatching, but once hatched, can digest iron; and we have many irons in the fire, and have hammered some upon the anvil of justice into nails ; but we have not struck one stroke with tlie ridit hammer, nor riveted one nail to the head. *»!J*; Mr. Speaker, God forbid we should be cruel or vin- dictive to any ; but let us take heed we be not so to our- selves, and them tliat sent us, if we do not mend our pace, and so run as we may obtain. Mr. Speaker, I hope we shall make good the work \\c have undertaken, and win that prize and gaol we aim at ; else, if we fail in this our pursuit of justice, it is time tci look about us ; for then I fear we ourselves shall hardly escape scot-free. It will not be our six subsidies that will help us, unless we be good husbands, and cut A.D. 1641.] LORD DIG BY. ^ »i oft' all supci'fltious charges, disband all needless annics, disai'inall pa|)ists, and'Wnish all priests aud Jesuits; and^ then we shall thrive and prosper. ' ■ -l Provided always, that we deny ourselves, and trust not. too much in tlie arm of flesh; hut be carefiil to preserve*, brotherly love and concord, lest discord and faction, break, divide, and ruin us. But I hope God will make us ail of one mind and one public spirit, that, as we- are descended from that ancient and noble English quivei^ we may prove ourselves a right sheaf of English arrows, well united, well feathered, and sharply tiled for public use, stoutly to defend and preserve the public good and safety of tliis famous island of Cheat Britain — and that i* iny humble prayer and motion., i LORD DIG BY. ■ ■ . / - We are now upc the pomt of giving, (as much as m u» lies) the final sentence uiito dcatli or life, on a great mi- nister of state, and peer of this kingdom, Thomas, earl of Strafford ; a name of hatred in the present age, by his prac- tices, and fit to be made a terror to futuie ages by hb punishment. .^ v'-'v^ vv.^ -s^ I have had thelionour to be employed by the house in this great business, from the first hour that it was taken inta consideration. It was a matter of great trust, and I will say, with confidence, that 1 have served the house in it not only with industry, according to my ability, but with most exact faithfulness and justice. And as I have hitherto discharged my duty to this house, and to my counti'y, in the progress of this great cause, so I trust I shall do now in the last period of it, to God and to a good conscience. I do wish the peace of that unto myself, and the blessings of Almighty God to me and my posterity, according as my judgment on the life of this man shall be consonant with my hciut, and the best of my understanding, in all integrity. H J-ORD DIGBT, [a.d. 164 J. ♦ 1 know well, Mr. Speaker, that by some things I haves naici of late, ^vhilst this bill was id agitation, I have raised »ome prejudices upon roe in tlie cause. Yea, some (I thank them for their plain dealing) have been so free as to tell me, that I have suffered much by the backwardness s ' I have shcivn in the bill of attainder of the earl of Straf- ford, against whonri I have formerly been so keen, so active. '" I I beg of yoii and tlie rest, but a suspension of judg- ni6nt concerning me, till I have opened my heart unto ym^ clearly and freely, in this business. Truly, sir, I 9^ still the same in my opinion and aflections, as to the earl of Strafford. I confidently believe him to be the inost dangerous minister, the most insupportable to firee subjects, that can be charactered. I believe his prac-' tices in themselves as high, as tyrannical as any subject ever ventured on, and the malignity of them hugely ag- gravated by ^jose rare abilities of his, whereof God hath given him the use, but the devil the application. In a word, I believe him to be still tliat grand apostate to the commonwealth, who nmst not expect to be pardoned, ia this world, till he be dispatched to the otlier. And yet let me tell you, Mr. Speaker, my hand must not be to that dispatch. I protest, as my conscience stands in-^ fomied, I had ratlier it were off. Let me unfold to you the mystery, Mr. Speaker: I will not dwell much upon justifying unto you my seem- ing variance at this time, from vliat I was formerly, by putting you in mind of the diflterence between prosecutors and judges. How misbecoming that fervour would be in a judge, wliich, perhaps, was commendable in a pro- secutor. Judges we are now, and must put on anotlier personage. It is honest and noble to be earnest, in or- der* to tlie discovery of truth ; but when that hath been brought so tar as it can to light, our judgment thereupon ought to be calm and cautious. In prosecution upon probable grounds, we are accountable only for our indus- try or remissness; but in judgment Ave are deeply respon- • siblc to Crod Ahnighty for its rectitude or obliquity. In ings I have have raised a, some (I 1 so free as ckwardnesa rl of Straf- n, so active. )D of judg- heart unto ruly, sir, I IS, as to the I to be the able to free e his prdC" any subject . hugely ag- jfCrodhath ition. In a state to the pardoned in . And yet t not be to stands in'^ Speaker: I Li my seem- )rmerly, by prosecutors r would be le in a pro- on another nest, in or- t hath been t thereupon ;ution upon r our iiidus- ply respon- iquity. Ifi i.D. 1^41.^ LOUD 3DIGBY, 9m-/ cases of life, the judge is God's steward of the partyV ' . blood, and must give a strict account for every drop. <; But as I told you, Mr. Speaker, I will not insist long ^ upon this ground of difference ift me now, from what I was formerly. The truth of it is, sir, the same ground whereupon I, with the rest of the few to whom you first committed the consideration of my lord Strafford, brought down our • opinion that it was fit lie should be accused of treason; upon the same ground I was engaged with earnestness in his prosecution, and had the same ground remained in that force of belief with me, Avhich till very lately it did, I should not have been tender in his condemnation. But truly, sir, to deal plainly with you, that ground of- our accusation, that spur to our prosecution, and that which should be the basis of my judgment of the eai'l of Straf- ford as to treason, is, to my understanding, quite vanished This it was, Mr. Sj)ea1\er; h)s advising the king to employ the army in Ireland to reduce England. This I Vas assured would be proved before I gave my consent to his accusation. I was confirmed in the same belief, dur- ing the prosecution, and fortified most of all in it, since sir Henry Vane's preparatoiy examination, by assurances which that worthy member, Mr. Pymme, gaVe me, that his testimony would be made convincing by some notes of what passed at the juncto, concurrent v ith it ; which I ever understanding to be of some other counsellor, you see now, prove but a copy of the same secretary's notes, discovered and produced in the manner you have heard ; and those such disjointed fragments of the venomous part of discourses; no results, no conclusions of councils; M'hichare the only things tliat secretaries should register ; there being no use of the otlier, but to accuse and bring men into danger. But, sir, this is not that which overthrows the evidenefe with me concerning the army in Ireland, nor yet thsit all the rest of the juncto remember iiolliihg of it ; but this. $KJ lOKD DIGJiT. [a. p. 1^4 J, I A.D. J :i hWy vhich I sliall tell you, is that which works with me under favour, to an utter overthrow of his evidence, as imto that oftheannv of Irehmd. Before, whilst I was prosecutor, and under tie of secrecy, I might not disto- vcr any weakness of the cause, which now, as a judge, I JKutit. ilr. !t>ccretary v as examined thricfe upon oath, at the preparatory comniittee. Tiie first time he was questioned to all tlie inteiTogatories; and to that part of tlie seventli which concerns the army in Ireland, he said positively these words : " I cannot charge him with that," but for the rest*, he desired time to recollect himselt^ which was <2;ranted him. ^me days after> he was exammed a second time, and tPien deposed these m ords concerning the king's being ab- solved from rules of government, and so forth, very clearly. But being pressed to that part concerning the Irish army, a^in, he said he could say nothing to that. Here we thought we had done with him, till divers weeks aftcr^ my lord of Northumberland, and all otliers ofthejunctb, denying to have heard any thihg concern- ing those Avords of reducing England, by the Irish army, it was thought fit to examine the secretary ouce more ; and tlien he deposed these words to have been Spoken by the earl of Strafford to his Majesty: " You have an army in Ireland which you may employ here to reduce, (or some words to that sense) this kingdom," Mr. Speaker, these arc the circumstances whicli I confess, with my conscience, thrust quite of doorsthat grand article of our charge con- ceminjj his desperate advice to the king, of employing the Irish army here. , ^ ; ■- 1 Let not this, I beseech you, be driven to an aspersion 'upon Mr. Secretary, as if he should have sworn otherwise tlian he knew or helie<^ed; he is too worthy to do that; only let this much he inferred from it, that he, who twice upon oath, ^^ ith time of recollection, could not remember any thing of such a business, might well, a third time, misremember somewhat; and in this business the differ- ence of one word, here for there, or that for this, quite D. 1641. I A.ID. 1541.] ,IORD DIGBY«»i4;vr^'j Sit 5 with me dence, as list I was not disX:o- a judge, I ipon oath, le he was lat part of id, he said with that," ;t himself, time, and s being ab- brtli, very :erning the ig to that. till divers d all others ig concern- rish army, ! more ; and 3ken by the an army in ), (or some aker, these conscience, cliarge con- employing a aspersion n othervN isc ;o do that; who twice . remember third time, |s the difter- this, quite alters thecase; the latter also beuig tlie more probdble^t sitice it is confessed on all hands, that the debate then i^'ctsf concerning a war with Scotland. And yqu may remem- ber, that at thebai', he once said "employ there.'' And> thus, Mr. Speaker, have I faithfully given you an atcountr what it i$ that hath blunted the edge of the hatche%! or bill, with me, towards my lord iStrafford. ^n *; -it lliiswas that whereupon' I' accused him with a fHt9 heart, prosecuted him with earnestness;! and had ittoi my understanding been proved, should have condemnodi^ him with innocence; whereas' no \\r I cahnot satisfy my? conscience to do it. I profess I can have no notion oi; any body's inteiit'to subvert the laws tre^oi>ably, biit^hv force ; and this design of iotce not appeariag, tailt hi» other wicked practices cannot amount so high with me;>iti I can find a more easy atid more naitural spring firwit whence to derive all his other crimes, than from an in^ tent to bring in tyranny, and to make his own posteritjy as well as us, slaves; as from revehgel from pride, from passion, and from insoteiioe of naiure. 'v i '' ^j.; ';•« But had this of the Irish army been proved, it would have diffused a comjJexiOn of: treason overall; it' would have been a withe indeed ^ to bind all those other scat- tered and lesser branches, as it were, into a faggot of treason. — > I do not say but the rest may represent him a man a» worthy to die, and perhaps worthier, than many a trai- tor. I do not say but they may Justly direct us to enact that they shall be treason for the mture. 'ti<^ .'^U ^mttil^ But God keep me from living judgment' of deith on any man, iind of ruin to his innocent posterity, upon a hvi mside a posteriori '- ■ f Let the mark be act on the door where the plague is^ and then let him that will ehter, die. oo^;: ad a^'iw .m^r^ I know, !Mr. Speaker, there is in j>arliament, a double power of life and death by bill; a judicial power, and a legislative. The measure of the one is, what is legaRy just; of the other, what is prudentially and politicly fit VOL. I. H ^ LORD DlCBY. [a.d. 1641. for the good and pi*cservation of the whole. But these two, under favour, are not to be confounded in judgment. We must not piece up want of legality with matter of convenience; nor the defailance of prudential fitness, U'ith a pretence of lesal justice. To condemn my lord of Strafford judicially, as for treason, my conscience is not assured that the matter will bear it; and to do it by the legislative power, my rea- son, consultively, cannot agree to that; since I am per- suaded neither the lords nor the kin^ will pass this bill; and consequently, that our passing it will be a cause of great divisions and combustions in the state. Therefore, my humble advice is, that laying aside this bill of attainder, we may think of another, saving only life; such as may secure the state from my lord of Straf- iordy without endangering it as much by division, con- cerning his punishment, as he hath endangered it by his practices. If this may not be hearkened unto, let me conclude in saying that to you all, which I have thoroughly incul- cated in mine owoi conscience upon this occasion: let every man lay his hand upon his own heart, and seri- ously consider what we are going to do with a breath : either justice or murder ; justice on the ohe side; or mur- der, heightened and aggravated to its supremest extent, on the other. For, as the casuists say, lie who lies with his sister, commits incest; but he that marries his sister, sins liigher, by applying God's ordinance to his crime. So, doubtiess, he that commits murder with the sword of justice, heightens that crime to the utmost The danger being so great, and the case so doubtful, that I see the best lawyers in diametrical opposition con- cerning it; let every man wipe his heart, as he dociS h\i eyes, when he would judse of a nice and subtle object The eye, if it be pretincted with any colour, is vitiated in its dbceming. Let us take heed of a blood-shotten eye in judgment Let every man purge his heart clear of all passions; I V. 1641. A.b. 1641.] EARL OF STRAFPORD. ^ But these udgment. matter of lI fitness, ly, as for iie matter ir, my rea- I am per- s this bill; I a cause of saving only ,rd of Straf- vision, con- ed it by his conclude in jighly incul- ccasion: let rt, and seri- th a breath: de; or mur- [mest extent, le who lies .marries his inahce to his rder with the utmost so douWul, [position con- ' he does his wbtle object is vitiated in •shotten eye U passions; I know this great and wise body politic can have nooe ; but I speak to individuals from the weakness which I find in myself. Away with personal animosities, away with all flatteries to the people, in being the sharper against him, because he is odious to them. Away with all fears, lest by sparing his blood they may be incofiscd. Away with all such considerations, as that it is not fit for a parliament, tliat one accused by it of treason should escape with life. Let not former vehemence of any against him nor fear from thence that he cannot be safe while that man lives, be an ingredient in the sen- tence of any one of us. Of all these corruptives of judgment, Mr. Speakei^, Ido, before God, discharge myself to the utmost of my power, and do, with a clear conscience, wash my hanck of this man's blood, by this solemn protestation. — >that my vote goes not to the taking of the eail of Sti afibrd'H life. '« ''^i^^^^^^^-'^"<'--^^>^^^^>- ^4- ' It is hard to be questioned upon a law which cannot be shewn. Where hath this fire lain hid so many hundred H % aoo EAMt OF STEATFOHD. [{lib. 1641' I :vear», without smoke to discover it, till it tlius burst fqrth : to cousumq me and my children? • ' • £ That punislvment should precede pronmlgation of a l^w, to be punished by a law subsequent to the fact, is .extreme hard, i What man can be sate, if this b3 ad- .tnitted? ' . i i' ^ • My lords, it is hard in another respect, that there i^hould be no token set by which we should know this of- •fence; no admonition by vhich we should avoid it. If a .man pass the Thames in a boat, and split hinisdlf upon .^ anchor, and no buoy be floating to discover it, ho w ho owneth the anchor shall make gatisfaction ; but if a, .buOy be set there, every man passe th upon his own pe- ril. NoWj where is the mark, where is the token, upon ;tUi3 crimej to;doclare it to be high treason ? 't '■^ » - My lordsi be pleased to give that regard to the peer- {jage of Jingland, ^s never to expose yourselves to such moot points^ such constructive interpretations of law: if there must be a trial of wits, let the subject matter be of soiupvyh^t Qlse Itlian the lives, and, honours of peers. M'ljiiJ r^ I VTl /? ->'',AH1.'N^l1^ It will be ^^'isdom for yourselves, for your posterity, , and for the whole kingdom, to cast into the fire these | j-bloody and mysterious volunjes of constructive and ar- - bitrary treason, as the primitive christians did their book? * of curious iirts, and betake yourselves to the plain letter 'of the lg,w and statute, that telleth us what is, and what j , 3.8 not treason, without being ambitious to be more learn- .ed in the art of killing than our forefathers. ' *^' 'w^ It is now full twt) hundred and forty yea'rskitice ami ^ man was touched for this alledged crinic, to this height, before myself. Let us not awaken Xhoie sleeping, lioiis I ■ to our destruction, by taking up a ibv*- musty records that have lain by the walls so many ages, forgotten orl neglected. v.;^»<^^i.. - May your lordships ])lease not to add this to my otherl misfortunes.; let not a precedent .be (,l,eriyed from me sol disadvantageous as tliis will bq^ i" .^i^ cpnseqiiffpce, tol ' J. ii ,D. 164V 4i,.p. 1(541.] fiARJLllOF STRAFFOKD. ws: liiis bnrst ation of a hofact, if tiis b3 ad' that there low thisof- widit. Hti iniseilf upon cover it, he )n; but if a his own pe- token upon tothe peer- 'Ives to such ions of law. ibject matter )|ionours of )iir posterity, the fire these [ctive and ar- id their books le plain letter | , is, and what | ic motclearn- ir,» krs feihce any Ito this height, IsieepiJ^vg- ^^^^^ Inusty records forgotten ot| iis to my otherl |Qdfromuieso| Inseqiifipce, the whole kingdom. Do not, through me, wound the interest of the cpminonwealth; ancj'hcWvsQever these iicntlemen say, they speak for the commonweRlth ; yet, in tills {Mrticuhir, I indeed speak' for it) arid iJKtevv the inconvenience and iniscliiefs that Mill tall upon it ; for, as it is said in the statute 1 Henry IV. rib oiie'M^iH knot(^ n-hatto door say, for fear of such peridltlQs. . ;.'!''',Ji''^ Do not put, iny lords, such difficulties upon minis- ters of state, that men of wisdom, of honour, and of fortune, may not with dfeeerfnlnifss and safety be em- ployed for the public. If you weigh and measure them by grains and scruple?^ the publiq^ffaks of th^ kingdom will lie ^vaste ; no man will medcHe with them who hath any thing to lose. j „, j^.^ j ^^ . Aly Icjrds, .1 Jiave troubleq you longer than T shoulq, Have doiie, were, it not -for the Wei^cst of ^hoSe dear pledges a- sdlfit in heavcnhath leftrh'e. : ' / ' ;;";''^ ^^'''' [At this wdrd he stoppc?! awhile,' lettbS'f^J's^^^ fi»m tears to hei^ ii^enfiOry ; 'then he went on] .^ ; . What: r forfeit myself is' nothing; but tiiat irfy irtcfti* crction 'should extend to my posterity, woithdeth rilfe't^ tlie very soiil ! ■ "''■". '■ 'J \ r V " " '.,, V' ' "!* You will pardon my" i^firnjity- Som'cthlfig t stiotilii have added, but ain.not able J therefore let it pkss. ^_^ Now, my lords; for'mys»»lf, I hav^e ten, by thifJ' blessing of Almighty God,^ taught, that. the afJ(iictions.'C)f (his pvesent life are hot tp'be: compared to , the etefnal ueightof glory \vhieh shall be' revealed her(^kftc?r. "^^ And so, my lords, even' sbj' with . HW. traiiquillity bf mind, I freely 'siibrilit myself to yoiu- judgment, ahfj Mhether tliat jtulgiiitnit Ute 6f 'Kfe or'4|sath, f£ tihih ;'l>f>tTasyb iif^H. b;>va/»^ krHmj. ni ad iisji« ,t'«'**;uo:) v.nt ^; oi J'kI .f^liw; fe-ijibbofu bint ij^/aii iJ'iaq^m 'vi)t jbidw --•rn n; ^'VTjrtfh ijffioa 3ad- .litoiq o^t iiiif/ ^xf'f^ oklvihnA'i .b^am) od <>i . bj&iu, : o4 SMda I 'ioa-Eiti-w ^ ,!!;>« vm a.^ritSISHOP HALL, Ia.d. \64iU 3 ♦ DR. JOSEPH HALL, ,?'j, : 1.. '/'f - .'C^uhtp 9f Mxeter and afterwards of Norwich,) W^born in 1574, and died l656\ He suffered a good deal from the ruritans. He is celebrated, without much reason, for the finenetg ipf his writings. tiv ■ ■ Bishop Hall's Speech. 5? iWi'tlli -iiiM My Lord, ^ - This is the strangest bill that ever I heard since I was admitted! to sit under this roof; for it strikes at the very fabric and composition of this house, at the style of our laws ; and therefore, were it not for tliat it comes firom such a recommendation, it would not, I suppose, undergo any long consideration ; but coming to us from such hands, it can't but be worthy of your best thoughts : and truly, for the main scope of the bill, I shall yield to it most willingly, that ecclesiastical and sacred persons should not ordinarily be taken up witli secular affairs. The minister is ca^ed vir Deij a man of God. He may not be vir Sceculi ; he may lend himself to them upon occasion, but not give himself over pur- posely to thepi : in short, he may not so attend worldly thin^ as that ,he do neglect divine things^ This we gladly yield. Matters of justice therefore are not pro- per, as in an ordinary trade, for our function, and, by my consent, shall be in general waved and deserted ; which for my part I never had meddled with, but in a charitable way, with no profit, but some charge to my- self, whereof I shall be glad to be eased. *: Tractentfabriliafabri, A.B.,lCj!l,l ^^l&^\(f^p■^A^l^, m But for any man hence to infer, Uia^ ^n^spuitu^ p^tn^ son may not, occasionally, be in a 8)M3ciaJl feivi^;^ of hia king or country, and, when he is sp required by his prince, eive his advice in the urgent fdfairs qH tlie king- dom (which I suppose is tlie main point driven at,) ^ such an inconsequence, as I dare boldly «ay cannot be made good, either by divinity or reason, by the law, either of God or man ; whereas the contrary may be proved and enforced by both. , > As for the grounds of this bill, that the minisjter'a dutv \i so great, that it is able to tO^Iie up the whole man, ana the apostle saith, Who is sufficient for these things r And that he who warfares to God, shpuld not eptapgl^ hhnself with the world : , ,1. -,^,„ ^m^ jvttiif'VT - i'd It is a sufficient and just conviction of those vho would divide themselves betwixt God and the world. and bestow the main poit of their time upon secular af^ fairs : but it hath no operation at all upon this tenet which we have in hand, that a man, dedicated to God, may not so much as when he is required, cast a glance of his eye, or some minutes of hb time, or some motiqn of his tongue, upon the public business of his king and country. Thpse that expect this from us, niay as well, and upon tlie same reason hold, that a minister must have no family at all, or, if he have one, must not care for it; yea, that he must have no body to tend, but be all spirit. My lords, we are men of tJie same composition with otiiers, and our breeding hath been accordingly. We cannot have lived in the world, but we nmst have seen it, and observed it too ; and oiur Ipng experience and cpnversatipn, both witli men and books, cannot but have put something into us for the gppd pf others : and npw, having a dpuble capacity, quasi cives quasi ec- desiastici, as members pf the cpmmonwealth, as minis- ters and governors of the church, we are ready to do our best service in both ; one of them is no way incpm- patible witli tlie other : yea, the subjects of them bpdi / • 104 Disirop HALr. [a.d. I64r. tifi^ t'io ' unitfed i^ith the'churi* a^d fflfminort VvcHltfi, ' ttiot thtyicannot be severed i voi, so, as f hut not tlic one' is in tlie othet*; hut one in the other is both. So, as the services which "vve do upon thcst occasions to the corn- irionu-ealth, 'fa^e ihtecrj^ar^ble frorii GUI' ;^od tifficts to the church ; so, as itnon this ground, there is no Vcason of ^i^ exclusion, '•'•^•■^/-'vfi"/'^^' v' ■' ■•-\' ',\'t^«M ->.>^- '^^ If ye say that diir^ sittjii^ hi paHiamci'if talces tip much time, which we rpight h{vve employed in our studies or pulpits ; consider; i beseech you, that whilst you have a paniament, W must have a convocation; and that our attendance upon that will call for the same cxpcnce of tiime, which wo oflfer to this service ; so, us herein, ^vc have neither got nor lost. . .* " '. ', But I fear it is not, on sbme htitids, ^«i tchiiat> HALL. 105 be?trlp^etl of t1?tttfy^i(41^!?« v^irhth«y soH^ng«njnytd; tlio'thei^ we^e fiO'k'w toliuldme '\pro, 1 Cftntiot Bee, I (.•ont'fss. ' • • W liaf W'S(><*ct«< of honour ImVebeon put uponthd piiinHl flergy of'oW, h6tli'by pni^ans, tiix^ jcvVS) and chmtnulftj ttiitl Wlmt an* i^tili'hoth withirt christciwloin mid witlKnit, I i^hoU not ne<.'LVto urjre'; it is enough to shv, this of ours it . not nifrdv arbiti'fivy, butstmids so nrmly established by InM" and custom, that I hope it neither will, norcatibii renio\od, excefrt you ah^M slmke those foundations^ wliich, I hehevc, )ou do^ife to hold tinn and inviolable. In short then, mv lords, the chujrch craves no new lionour t'roni you, luid justly hopes you will not be guilty otpullini; down the old. As you are the eldest sons, and next under hh nvajesty, the honourable patrons of the cliurch, so she expects and beseeches you to receive her into your tend^rest care; so to order her affairs, that ye icave her to posterity in no worse case than you found htr. It is a time word of Dainasus: LUi vikscit tuh wen ephcopi, onum stittm perturbatur ecclesia. If this be sufi'ertiV the misery will be the church's; the disho- nour niid blur of the act, in future ages, will be yours. To shut up, therefore, let us be taken off from all or- dinary tradeoff iiecular'enrpioyrnents; and if you please, ubridyfe us' of intermeddling with hnattcrs of common jus- tice; but leave unpossessed of those places and privileges in parliament, which our predecessors have so long and peaceably eiijdyed. , ■ ^j- ■^, u. j i .„ ;.:.^,ijii:„j nun.- ... .. .^:-..-' Y'^fem iin/Uonob i. ,^vsc:pjivi;^^^ " • ' • i • Another h)j the same. 'm^'-iW^imAmir. ThU 8jj)eech has more feeling in it tlian the Bishop generally dlsco- ' '^' vered. It shews that •' passion makes men eloquent." '•'''■-* ,i..;j'(J4,i,i,' •..■;- i.,.'w^»i"^. it'. ...... i,-.^\^i.. '-^ Li, ,^.,i,4Jl^d Mv i.6np's/t Have fon^ folcl my ptk'ciV&nS^'i^^ ha\-e done so still ; but now, like to Croesus's mute son,' I nuist break silence : 1 hiunbiy beseech your lordships .\' 105 BISHOP HALL. [a, P. 1641. t& give^nft l^ave to take this too just occauon to move your lordships, to take into your deep and serious copsi> deration, the woeful and lamentable condition of tlie poor church of England, your dear mother. My lords, ibis^wieis not wont to be her style. We have heretofore lalked of the famous and flourishing church of England ; but now your lordships must give me leave to say, that tfauB poor church of England humbly prostrates herself at your lordships' feet, (next after his sacred majesty) and humbly craves your compassion and present aid. My lonk, it is a foul and dangerous insolence this which is now complained of to you, but it is but one of a hundred of those which have been of late done to this church and government The church of England, as your lordships cannot choose but know, bath been, and is, miserably infested on both ^des ; with papists on the erne side, and schisma- tics on the other. The psalmist, hath, of old, distin- guished the enemies of it into wild boars out of the wood, and little foxes out of the boroughs ; the one whereof goes about to root up the very foundation of religion, the other to crop the branches, and blossoms, and clusters thereof; both of them conspire tlie utter ruin and devasta- tion of it As for the former of them, I do perceive a great deal of good zeal for the remedy and suppression of them ; and I do heartily congratulate it, and bless God for it, and beseech him to prosper it in those hands who shall undertake and prosecute it; but for the other, give me leave to say, I do hot find many that are sensible of the danger of it, which yet, in my apprehension, is very great and apparent ; Alas! my lords, I beseech you to consider what it is Ihat there should be in London, and the subiurbs and li- berties, no fewer than fourscore congregations of several sectaries, as I have been too credibly informed, instruct- ed by guides fit for them ; coblers, taylcrs, felt makers, and such like trash, which are all taught to spit in the face of their mother, the church of En^lantji, and to defy and A, p. 1 64 K I ▲. o. 1641.] BISHOP HALL. TO7 n to move revile her government From hence have issued those ciaogerous assaults of our ehurch eovemors; from heUce that inundation of base and scurmous libels and pamph- lets, wherewith we have been of late overborne; in Whith papists and prelates, like oxen in a yoke, are still matched together. Oh! vny lords, I beseech you, that you might be sensible of tl)is great indignity. Do but look upon tiiese reverend persons. Do not your lord^ ships see here, sitting upon these benches, those thatt have spent their time, their strength, their bodies,* and lives, in preaching down, in writing down, popery ? and which would be ready, if occasion offered, to sacri^e all their old blood that remains, to the maintenance of that truth of God which they have taught and written ; and shall we be thus despitefully ranged with them whom we do thus professedly oppose? But, alas ! this is but one of those many scandalous aspersions, and intolerable affronts, that aie daily cast upon uS. Now, whither should we, in tliis case, have recourse for a needful and seasonable redress ? The arm of the church is, alas ! now short and sinewless; it is the inter- posing of your authority that must rescue us. You are the eldest sons of your dear mother, the churcli, arid therefore most fit and most able to vindicate her wrongs. You are amci spomtt; give me leave, therefore, in tlie bowels of Christ, humbly to beseech your lordships, to be tenderly sensible of those woeful and dangerous con- ditions of the times; and if the government of tlie church of England be unlawful and unfit, abandon and dis- claim it; but if otherwise, uphold and maintain it ; other- wise^ if these lawless outrages be suffered to gather head, who knows where they ^ill end? My lords, if these men may with impunity and free- dom thus bear down ecclesiastical authority, it is to be feared tliey will not rest there, but will be ready to af- front civil power too. Your lordships know that the Jack Straws, and Cades, and* Wat Tylers, of former times, did not more cry down learning than nobility; and ■\ -' 108 J MR* 1»YM. it [A.t>. 1641. re 4»08e of yoiiir lordships that'huvc read the hWtcWy wf tii©#nabaptistical tumults ut Munster, will need no tXh^jr itei^ ; let it be enough to say, thatmany of these^seotMriiil) ore, of the tsauic prbtesBion. v tl "■-*/ (iJiw;)! jil^v ,*M i hliortly, thereiibre, let me hdmbl^ move your loiid- ^hips^ to- take tiirse dangers ^ arid nuseried of tlm pool- .«lwirfor, the. speedy redressing of these horrible insoi- jlencies; «nd for the stopping of tlie deluge of libellous linyectives wherewith we arc thufj impetuously overtlowrr. Whiph, in all due submission, I humbly present to your luU 'io,fltu'ii tuiir ^Tjr. Tj/m s opeec/f, tinmaitttg nimsdf Jram: a Chargf of lilgh Treason^ brought hj the Kmg .agiumt, him • -^iii Mr Sbeaker ^*^'^** '^'^ -^"^ ^^^*^ ' *^'^' ^ ■n.^''^''^'> Tutsi articles of high treason exhibited by his majesty against uie, and tliq other gentlemen in the uccusution charged with tlie same crime,, are of great consc<|uence, and indch. danger to tlie state. The articljus, in tliem- ticlves, if proved, are, according tq t|ie,l{iii,>vs ofthe land, hi^h treason: '* jst. To endeavour to subvert the fui^daniental laws of the UukI, is by tills present parliament, in the earl olStrai- "ford's ca.se, adjudged high treason., g^ifttii^ •j.i^m li, ^m Sdly. To endeavour to introduce hito this Kins'jdoiu, an arbitrary and tyrannical form oi* govennuent, is likewise voted high treason. Sdly. 'i'6 raise an army to compel the pailiainent to make and enact laws, w iUiout tlicir free votes andk A\ii" ling proceedings in the same, is high treason.. ;,iriJ«{ri'i«l I 4thly. To invite a foreign force to invade tliis land, to ©■ A. p. 1(54.V.] i^^^*^ -Mu. rryii 109 3»«cuin(^ favour Qur :d(;ai^s agitatod uguinst Uic king aiid itale, is ^tbly- To animate and encourage riotous assemblies and tninuH^ about the parliament, to compel tho king tq assent to votes of the house, is treason. ;!' Otlily. I To caHt aapersions .trpoii iiis majesty and his cfovcrnment; ^o %li^u>ate the aftections of his people; and to make his, majq^y odious unto them, is high tFeasonc?' II (' 1 desire, Mr. Speaker, the favour of this i house, to dear, myj^elfeoncerning this charge. I shall only pa- rallel and similix.e my actions, since the sitting of this parliament, wiUi tlicso articles : ; ' i nm ^h[ m^mH . ist. Mr. Speaker, if to vote with the parliament as a member of tlic house, wherein all our votes ought to be tree, (it being one of tiie greatest privekges thereof to iuive our debases, disputes, and arguments, in tliesame unquestionable,) be to endeavour to 'subvert the funda* mental laws ; then am I guilty of the first aiticle. . J ., 241y- If to agree and "consent with the whole state of the kmgdom, by vote, to ordain and make laws for the good government of his majesty's subjects, in peace and dutiful obedience to their lawful sovereign, be to intro- duce an arbitrary emd tyrannical form of government in the state ; then am I guilty of this article. * 3dly. If to consent, by vote with the parliament, to raise a guard, or trained band, to secure and defend the persons of the members tliereof, being environed and be- set with many dangers in the absence of the king, and, by vote ^\itll tlie house, in willing, obedience to the royal command of his sacred majesty^ at his return, be actually to levy arms, against the king; then am I guilty of this :>d article. 11^ !A;r?>'^(;;".''-' 1 ;'ift',f>Wi»*f3r{ h&ibl 4thly. If to join' with the parliament of England, by free vote, to crave brotherly assistance from Scotland, (kingdonw Voth under obedience to one sovereign ; both no MR. PYM. til.D. 164!. his loyal subjects) to suppress the rebellion in Ireland, which lies gasping every day in danger to be lost from his mi^sty's subjection, be to invite and encourage a foreign power to invade thb kingdom ; then am I guilty of high treason. '"•"' 5thly. If to agree with the greatest and wisest council of state, to suppress unlawful tumults and riotous assem- blies; to agree with the house, by vote, to all orders, edict), and declarations for their repelling, be to raise and countenance them in their unlawful actions; then am I guilty of this article. ^ '^'^ ^" '"''' *^ 6tiily. If by free vote, to join with the parliament in publishing of a remonstrance in setting forth declarations against delinquents in the state ; against incendiaries be- tween his majesty and his kingdom ; against ill counsel* lors, which labour to avert his majesty's affection from parliaments ; against those ill affected bishops that have innovated our religion, oppressed painful, learned, and godly ministers, with vexatious suits and molestations in their unjust courts, by Cruel sentences of pillory and cut- ting off their ears, by great fines, banishments, and per- petual imprisonment; if this, Mr. Speaker, be to cast aspersions upon his majesty and his government, and to alienate the hearts of his loyal subjects, good protestants, and well affected in religion, from their due obedience to his royal majesty; then I am guilty of this article. . Vthly. If to consent by vote, with the parliament, to put forth proclamations, or to send declarations to his majesty's army, to animate and encourage the same to a loyal obedience; to give so many subsidies, and r£use so many great sums of money, willingly, for their keeping on foot to serve his majesty upon his royal com- mand, on any occasion ; to apprehend and attack, as delinquents, such persons in the same as are disaffected, both to his sacred person, his crown, and dignity; to his wise and great council of parliament ; to the true and orthodox doctHne of the church of England, and the true religion, grounded on the doctrine of Christ him- A.D. 1641.] BULSTRODE WHITtOCKE. Ml self, and established and confirmed by many acts of par- liament in the reiens c^ king Henry v III. king Edward VI. queen Elizabeth^ and king James, of blessed me- nu^ : — ^if this, Mr. Speaker, be to draw his majesty's army into disobedience, and side with us in our designs, then am I guilty of this article. r Now. Mr. Speaker, having given you a touch cott- ceming these articles, comparing them with my actions ever smce I had the honour to sit in this house as a member thereof I humbly crave your consideration and favourafaJt judgment of them, not doubtmg, they being weigheiU in the even scales of your wisdom, I shall be found innocent and clear from these crimes )aid to my charge. i; BULSTRODE WHITLOCKE, (Member for Great MarlotCj, Buckinghamshiref} Was born in l605, and died in 1676. In 1653 he was stent amba^ sador to Sweden. He was a man of great learning, and he ap- pears also to have possessed moderation and good sense. He was the author of the Memorials. ^ - Mr. Whitloche's Speech on the Militia, Jt.. Mr. Speaker, I HAV£ often heard it said in former debates, in other matters in this house, that such and such a thing was of as great concernment as ever came within these walls. I am sure it ma^ be said so of the matter of your pre- sent debate : it is truly of the greatest concernment that ever came within these walls. It highly concerns us all, and our posterity after us, where this pQwer of the militia shall be plac(>' 'lO .W His Speech, recomnicnding conciliatory Measures, laiMr. Speaker^ . ^iih(ii u . '. In the way we are, we have gone as far as words can , carry us. We have voted our own rights and the kings duty. No doubt there is a relative duty between king and subjects ; obedience from a subject to a king, pro- tet tion from a king to his people. The present unhappy distance between his majesty and the parliament makes tf:e whole kingdom stand amazed, in a fearful expectation of dismal calamities to fall upon it. It deeply and con- scionably concerns this house, to compose and settle these threatening ruininsj distractions, Mr. Speaker, I am touched, I am pierced with an apprehension of the honor of the house, and success of this parliament. The best May to give a stop to these desperate imminent mischiefs, is to make a fair way for the king's return hitlier; it will likewise giv« AD. 1642.] SIR BENJAMIN RUDYARtr^ US best satisfaction to the people, and will.b^ our best jufr^ tilJcation. , vom ssj. 4 Mr. Speaker, That we may the betteip consider the condition we are now in, let us set ourselves three ytsar^j back. If any man then could have credibly told us, ' that within thj'ee years the queen shall be gone out of; England into the Low Countries, for any cause wh^tso-, ever, the king shall remove from his parli^ent, from London to York, declaring himself not to be safe here^ that there shall be a total rebellion in Ireiland, such dis^j cords and distemix^rs both in church and state here, as now we find! certainly we should have trembled at tli©, thought of itj wherefore it is fit we should be sensible; now we are in it. On the other side, if any man tlien* could have credihly told us, that withii;! three years ye shall have a parliament, it would have been good news ; that ship money shaJl be taken away by an act ofparhament, the reason and grounds of it so rooted, out, as, that neither it, nov any thin§ like it,: can everj^ grow up again ; that monopolies, the high commission*' court, the star chamber, the bishops' votes, shall be taken away ; the council table regulated and restrained ; the forests bounded and limited ; that ye shall have a triennial parliament; nay more than that, a perpetual parliament, which none shall have power to dissolve without yourselves i wc should have tliought this a dream of happiness ! Yet, riow that we are in the real posses- sion of it< we do not enjoy it, although his majesty hath" promised and published he will make all this good to us. We stand chiefly upon further security; whereas the very having of these things Is a convenient fair security, iilu- tually securing one another. There is more security of-- fered, even in this last answer of the king*s, by removing the personal votes of popish lords, by the better educa- tion of papists' children, and by supplying the defects of the laws against recusants, besides what else maybe eularfred and improved by a select committee of b6th houses named for that purpose T t) wherefore, sir, let us n^ •««:f;'5' MR. WALLER, ^" [a. D. \64,i beware wc dd liot <*ontend for such a Iiazardous utisafe security as may endanger the loss of what we have al- ready ; let ui not think we have nothing, because we have not all we desire ; and though we had, yet we can- not make a mathematical security ; all human caution is sukeptible of corruptioh and failing. God's providence will not be bound ; success must be his : he that ob- serves the wind and rain, shall neither sow nor reap : if he do nothifto; till he can secure the weather, he will h&vt but an ill harvest. Mr. Speaker, It now behoves us to call up all the wisdom we have about us ; tor we are at the vej-y brink of combustion and confusion. If blood begins once to touch blood, we shall presently fall into a certain ruisery, and must attend an uncertain success, God knows when, And God knows what. Every man here is bound in conscience to employ his uttermost endeavours to pre- vent the effusion of blood. Blood is a crying sin; it pollutes a land. Let us save our liU^ties, and our es- tates ; but so as we may save our s >"ls too. Now I have clearly delivered my own conscience, I leave every inan freely to his. ^ . *. MR. WALLER. n^isi Jt would be hard to deny that the following speech is a good one, when we know that it saved the author's life. Indeed, nothing can be imagined better calculated to soothe the resentment of the house of commons, or flatter their pride, than the concluding ^ part of this address. Not even one of his own amorous herotb could fawn and cringe, and swear and supplicate, and act a feigned submission, with more suppleness and dexterity, to avert the mortal displeasure of some proud and offended beauty, than Mr. Waller has here employed to appease the fury, and insinuate him> self once more into the good graces of his political paramour, the house of commons. In this, however, he succeeded no farther than to receive his life at her hands ; which it seems he had forfeited by conspiring to deliver up the city to the Jklng. A.D. I643.J MH. WALLER. lif Mr. JVallers Speech, praying for a Mitigation of thf Sentetice passed upon him by the J^arliament, ^ Mr. Speaker, r\ I ACKNOWLEDGE it a great mercy of God, and a great favour from you, that I am once more suftlered to behold this honourable assembly. | I mean not to make use of it to say any thing in my own defence, by justification or denial of what I have done. I have already confessed enough to make me appear worthy, not only to be put out of this house, but out of the woi Id too. All my humble request to you is, that if I seem to you as unworthy to live as I do to myself, I may have the honour to receive my death from your own hands, and not to be exposed to a trial by the council of war. Whatever you shall think me worthy to suffer in a parliamentary way, is not like to find stop any where else. This, sir, I hope you will be pleased, for your owo sakes, to grant me, who am already so miserable, that nothing can be added to my calamity, but to be made the occasion of creating a precedent to your own disad*- vantagc : besides the right I may have to this, consider, I beseech you, that the eyes of the world are upon you. You govern in chief; and if you should expose your own members to the punishment of others, it will be thought that you either want power or leisure to chastise them yourselves ; nor let any man despise the ill conse- (luence of such a precedent as this would be, because he seeth not presently the inconveniences which may ensue. You have many armies on foot, and it is uncer- tain how long you may have occasion to use them. Sol- diers and commanders (though I know well they of the parliament's army excel no less in modesty than they do in courage,) are generally of a nature ready to pre- tend to the utmost power of this kind which they con- ceive to be due to them, und may be too apt, upon -arty 118 ^ f • * MR. WALLER.* [a. D. 1()43. occasion of discontent, to make use of such a precedent «s this. In this very parliament you have not been -witiiout some taste ot the experience hereof: it is now somewhat more than two years since you had an army in the north, paid and directed by yourselves ; and yet you may be pleased to remember there was a consider- able number of officers in tliat army, which joined in a petition or remonstrance to this house, taking notice of what some of the members had said here, as they sup- posed, to their disadvantage, and did little less than require them of you. 'Tis true, there had been some tampering with them ; but what has happened at one time, may wisely be thought possible to tali out again at another. $ir, 1 presume but to point you out the danger : if it be not just, I know you will not do me tha wrong to expose me to this trial; if it be just, your army may another time require the same justice of you in your own behalf, against some other member, • whom perhaps you would be less willing to part with. Necessity has of late forced you into untrodden paths, and in such a case 83 this, where you have no precedent of your own, you may not do amiss to look abroad upon other states and senates, which ej^ercise the supreuie power, as you now do here. ■Ui I dare confidently say you shall find none, -either an- cient or modern, which ever exposed any of their own order to be tried for his life by the officers of their ar- mies abroad, for what he did while he resided among them in the senate. Among the Romans the practice was so contrary, that some inferior ofiicers in their army, far from the city, having been sentenced by their general or commander in chief, as deserving death by their discipline of war, have nevertheless (because tliey were senators) appealed thither ; and the cause has received a new hearing in file senate. ; Not to usq more words to persuade you to take \\eci \at\nz 1 ; A.D. 1643.] Ml*. WALLER. i\9 that you MoimiT nof yonrscWes, through my sides, in vio- lating the privileges belon;]jiiig to your own persons, I shall humbly desire v m to consider likewise the imture of my oftence ; not but that I should be much ashamed to ftay any thing in diminution thereof, (God knows 'tis horrid enough for the evil it might have occasioned) but if you look near it, it may perhaps appear to be rather a civil than a martial crime, and so to have title to a trial ut tiie common law of the land. There may jiistly be some dillbrence put between me and otliers ia tJiis business. =* I have had nothing to do with the other anny, or any intention to begin the otter of violence to any body ; it was only a civil pretence to that wiiich 1 then foolishly (fonceived to be tiie right of the subject. I humbly re- fer it to your considerations, and to your consciences. I know you ^vill take care not to shed that blood by the law of war, which hath a right to be tried by the law of peace. •■ ■ For so much as concerns myself, and my part in this business, (if I were worthy to have any thing spoken, or patiently heard in my behalf,) this mi^ht truly be said : that I made not this business, but found it ; it w as in other men's hands long before it ^vas brought to me ; and when it came, I extended it not, but restrained it For the propositions of letting in part of the king's army, or of- icring violence to the members of this house, 1 ever dis' allowed, and utterly rejected them. A\'hat it w as that moved me to enteitain discourse of this business so far us I did, I will tell you ingenuously ; and that rather as a warning for others, than it makes any thing for myself; It was only an impatience of the inconveniences of the present war ; lookmg on things witli a carnal eye, and not minding that v\hich chiefly, if not only, ought to have been considered: the inesti- mable value of the cause you have in hand, the caus«;of Ciod and of religion, and the necessities you are forced upon for tlic maiuteoance of the same. As a just pn^ 120 MR. WALLER. [a. d. 1643. nishment for tiiis neglect, it pleased God to desert me, and buffer me, with a fatal blindness, to be led on and engaged in such counsels, as were wholly disproportion- ed to the rest of my life. This, sir, piy own conscience telk me, was the cause of my falling; and not malice, or any ill habit of mind or disposition towards the common- wealth, or to the parliament. For, from whence should I have it? If you look on my birth, you will not find it in my blood. I am of a stock which hath borne yoii better friiit. If you look oi) my education, it hath been al- most from my childhood in this house, and amongst the best sort of men; and for the whole practice of my life, till this time, if another were to speak for me, he might reasonably say, that neither my actions out of parlia- ment, nor my expressions in it, have favored of disaffec- tion or malice to the liberties of the people, or privi- leges of parliament. Thus, sir, I have set before your eyes, both my per- son and my case; wherein I shall make no such defence by denying or extenuating any thing I have done, as ordinary delinquents do. My address to you, and all my plea shall be, such as children use to their parents. I have offended ; I confess it. I never did any thing like it before. It is a passage unsuitable to the whole course ofmy life besides; and for the time to come, as God, that can bring light out of darkness, hath made this bu- siness in the event useful to you, so also hath he to me. You have, by it, made an happy discovery of your ene- mies; and I of myself, and tl»e evil principles I walked by ; so that if you look eitlier on what I have been hereto* fore, or what I now am, and by God's grace assisting me I shall always ' centinue to be, you may, perhaps, think me fit to be an example of your compassion and ^lenency. Sir, I shall no sooner leave you, but my life will de- pend on your breath; and not tl*at alone, but the sub- sistence of some that are more innocent. I mighty there- fere, shew you my children, whom the rigour of your, A. D. 1646.] MR. LEKTHALL. 121 justice would make complete orphans, being already mo- therle3s. I might shew you a family wherein there are some unworthy to have their share in that mark of in- famy which now threatens me. But something there isy which, if I coqld shew you, would move you more than all this : it is my heart ; which abhors what I have done more, and is more severe to itself, than the severest Judge can be. A heart, Mr. Speaker, so awakened by this affliction, and so entirely devoted to the cause you main- tain, that I earnestly desire of God to incline you so to dispose of me, whether for life or death, as may most conduce to the advancement thereof. Sir, not to trouble you any longer, if I die, I shall die^ praying tor you ; if I live, I shall live serving you, and ren^ deryou back the use and employment of all those dayf you shall add to my life. r WILLIAM LENTHALL, '^ (An eminent Lawyer, and Speaker of the Long Parliament,), '■ [ ■■' . . '?.- Was member for Woodstock. He was born 1591, and died 16^2. This high-flown address to General Fairfax, is a model ofite adu- latory stile. Surely a great man does not stand in need of so' much praise. Sir, ^ . ' I HAVE a very hard task to perform, to present tlierc«* spects of the house of commons, according to your ex-^ cellency's merit, and their desires. To effect this ac- cordingly, I should have informed myself, from histo-^ lies that have preserved the memories of the famous, worthies of former ages, and should have taken the di- mensions of the lar^st coronets and trophies wherewith \ l!22 MR. LENTHALL.' [A.D.l54ff. i -,:- ■'■■ .. they arc made glbrions ; and even those would rather streiijhtcn than enlarge the temples of your excellency. Or oJbc I should have consulted some of the most lean- ed and eloquent orators, who have set forth the glorious gests performed in former times, whereby I might have insisted on some parallel for your wis(^om, piety, jus« tice, and valour ; but I conceived the virtues and suc- cess which Qod hath besto\^ed upon you, were very hardly to be matched, and rather needed more industry and memory to enumerate, than oratory to polish. Hcretotbre, when I read the histories of the acts of famous princes and warriors in tliis or other nations, it was not without some jealousy, that in them there was.some mixture and glosses of oratory and art, the more to set oft' and givo lustre to tlieh* acts, as arguments of cmuk' tion for otlicrs to follow the footsteps of their virtues ; but the actions of your excellency will add lustre and be- lief to them, being all verified in you. And, indeed, here considering the swift marches, and the expedition of those grand and difficult attempts, which were prose- cuted and effected by your excellency, I may say, the Almigiity came riding on the wings of the wind ; for these were nothing else but the jnagnaiia Dei, acted in and by you, H*j instrument. • Jt was the custom of the ancient Romans, after a glo- rious and successful prince, to derive jiis name to pos- terity in memory of his virtues; qs after that great prince Julius C'.i'sar, his successors retained the name of Caesars; as Augustus Caesar, Tiberiirs Caesar, &c. Thus, here- after, all famous and victorious succeeding genefj^ls in this kingdom, (if the times should prove so unfortunate,) will desire the addition of tho name of Fairfi^. . AntI surely the honour of the late lord general was not, whilst he lived, any M-ay eclipsed by the succession of your excellency in his command ; but rather aug- mented, whilst each retained the brightness of his own honour, having both rays enough to enlighten a king-* dom, tljen overset w ith clouds and thick darkness. [A.D.l54ff. I jL.D. 1()44.] OLIVER CtlOM WEI. I,. was some kWi.jT' 123 I shall need to say no more but this : that the world will admire your excellency's worth ; posterity v, ill ho- nour your name ; and that the whole house pf commons, in the name of the conuiious of England, do return you thanks for your faitliful and memorable services. ii\Q beginnino;, continuance, and effect whereof, I must sole- ly attribute to the Ahnigiity, the Lord of Uosts and Vi lO::ri'.\ Another y by the same. Whatever is the matter, which I list not so much to enquire after, two summers are passed over, and we are not saved. Our victories, (the price of blood invaluaUe) so gallantly gotten, and which is mare pity, so graci- ously bestowed, seem to have been put into a bag with holes ; for what we won one time, we lost at another. The treasure is exhausted ; the country is wasted. A summers victory has proved but a winter's story. The game, however, shut up witli autumn, Was to be new played again the next spring; as if the blood tliat has been shed, were only to manure the field of war for a more plentiful crop of contention. Men's hearts have failed them with the observation of these thinjrs, the cause whereof the pariiamenthas been tender of ravelling into. But men cannot be hindered from venting their opinions privately, and their fears, which are various, and no less variously expressed ; concerning which, I determiue no- thing, but this I would say : 'tis apparent that the forces being under several great commanders, want of good correspondency amongst the chieftains has often-tiiae* hindered the public service. MR. AVHITLOCKE. The following speech displays so much knowleJge, aud such deep re- search into the imperfect and obscure parts of English his- tory, that tliough it is long, and from the nature of the subject somewhat uninteresting, I thought it right to let il stand, as a. monument of legal learning in the 17th century. A country may b^ as diU'ereht from itself, at ditl'erent times, as one comitiy is from another; and one object that I have chiefly had' in vievr in this work, has been to select such examples as might server to mark the successive changes that have taken place in the minds and characters of Englishmen within the last 200 ycais. The distiiictive character of the period of which we are now speak- i m H6 V " M% wiriTiocKi:..,,^ [A.i). iGjtO. ing was, I think, that men's minds were stored with facts and images, ahnost to exc<;ss; there was a tenacity and finiiness in them that Icept fait hold of the iinpri'ssiuns of things as they were first stamped upon the mind ; and '♦ their ideas seeined to lie like sub- stances in the bruin." Facts and feelings went hand in hand ; the one naturally impliwl the other) and our ideas, not yrt »xor-i cited and squeezed iind tortured ,ou t of their natural objects^ into a subtle essence of pure intellect, did not fly about like ghosts without a bodVj tossed up and down, or upborne only by the ele- gant FOiiAis of worJs, tllroygh the i'«<'/r«;« of abstract reasoning, s.nd sentimental refijiement. The tmderstanding was invigorated and flourished with its natural 'and proper foou<. the knowledge of things without it 5 and was not left,- like an empty stomach, to prey upon itself, or starve on the rneugre scraps of ah aftificiul logic, or M indy impeitinefictr of iffgefinity so,'lf-begotten< What a difference betwm^ri the gfave?, clear, solid, laborious stilcf of the speech here given, and the crude metaphysics, false glitter, and trifling witticism of a modern legal oration ! The truth is, that theafliectationof philosophy and fine taste has spoiled every thing { and instead of the honest serinusiT and simplicity of old English reasoning ill law, in politics, in nii ality, in ail the grave concerns of life, we have nothing left but a mixed species of bastard so- phisfir^', got between ignorance and vanity, a^.tlgii^ijeriitiiig nothings mum '*tif|-*^ .n0 Mt. ttlititochcs Speech m a Proposal to have the Old Laiis translatedfrom French into English, * Mr. Speaker, ■^^■.^^.,- The question upon ^vl^lch ybitr pt'escnt debate ariseth, 15 of no small moment ; nor is it easily or speedily to be de- termined ; for it comprehends no l(;ss than a total alter-" ation of the frame and course of proceedings of our laws, which have been established and continued for so many years. i.iMfr ^' I should not have troubled yon with any of my weak dis- course, but that I apprehend sonic miijtakcs and dishonour to the law of Knszland, if passed by without any answer, that may be of ill consequence ; and having attended is-_ A.X>.l650.] llti. TI'IIITLOC^X. W to hear them answered by others^ trho are not plefisecf to do it, I held myself the mwe engaged, in the duty of my proifesfiion, to oflfer to your judgment, to which I shall always submit, what I have met with, and do sup^ pose not to be impertinent, for the rectitying of some mistakes which are amongst us. A wortliy gentleman was pleased to affirm, with mucft confidence, as he brought it in upon this debate, that the laws of England were introduced by M'iUfam the Con-^' queror, as (among other arguments he asserted) might appear by their being written in the French toHgue. v In his first assertion, that our laws were introduced by^ William the Conqueror, out of !• ranee, 1 shall acknow- ledge that he hath several, lx)th foreign and domestic authors, whom he may follow therein: 'i'he foreign au- thors are, Jovius, yEmiiius, Ilodine, Hottoman, l)y-^ nothus, Volateran, lierault, Berkley, Choppinus Us- pargensis, Malines, and Polydore, who affirm this er- roneous piece of doctrine ; but the less to be regarded from them, because they were strangers to our laws, and- took upon trust whai they published in tliis point. t Of our own countrymen, they have Paris, JVfalmesbury,^ Matthew Westminster, Fox, Cosins, Twyne, fley- ward, Mills, Fulbeck, Cowell, Ridley, Brown, Speed, Martin, and some others. All of them affirm that the laws of England were ia-' troduced by William the Conqueror. But their errors are refuted by Sir Roger Owen, in his manuscript, who saith that Roger Wendover and ]\Iatthew Paris, w ere the first monks that hatched these addled eggs. i I shall endeavour to shew you, that the original of our laws is not from the French; tliat they were not inti'o- duced by Willliam the Conqueror, out of Normandy ; and I shall humbly offer to you my answer to some of their arguments who are of a contrary opinion. ^' Polydore, Hist. Ang. lib. 9. affirmeth, that William the Conqueror first appointed sheriffs and justices of the ,;V 128 MR. WHITLOCKE. [a. D. \660 peace; erected tenures; brought in trials by twelve men; and several other particulars of our laws. For sheriffs, their name, Scire Reeve, shews them to be of the Saxon institution ; and our histories mention tlie division of shires by king Alfred ; but, in truth, it was much more ancient. And it is apparent by our books and records, some whereof are in the hustings of London, and in the Tower, that the same things were in use here long before the time of King William I. Sir Roger Owen shews at large, that livery of seisin, licenses, or fines for alienation; daughters to inherit; trials by juries; adjurations; outlawries; coroners; dis- posing of lands by will; escheats; goals; writs; wrecks; w arranties ; catalla fdonum ; and many other parts of our law, and the forms of our parliaments themselves, were here in being before the time of duke William. Agreeing hereunto arc many of our historians and learn- ed antiquaries. But it is objected, that in the grand customary of Nor- mandy, the laws are almost all the same with ours of En- gland ; and the forms of their parliaments the same with ours. That the writer of the preface to that book saith, it contains only the laws and customs which were made by the princes of Normandy, by the counsel of their pre- lates, earls, barons, and other wise men, which shews the fi)rm8 of their parliament to be the same with ours ; and the laws in that book to be the proper laws of Nor- mandy, and ours to be the same ; therefore they argue that our laws were introduced from thence by William the Conqueror. This Mill be fully answered, if that grand customary of Normandy Avas composed in our king Edward the First's time, as good authors hold it was ; then it cannot be that our laws or parliament could be derived from thence. These learned men say, that this customary Was a mere tianslation of our law book Glanvill ; ai the book ot Regia MajestaSy of the laws of S(X)1land is ; and the like of the fir queron agree I. D. 1650 elvemen; -s them to iS mention a truth, it ent by our lustings of hings were im I. r of seisin, to inherit; jners; dis- 5; wrecks; or parts of clicmselves, e William. J and learn- iry of Nor- )ur5 of En- same with Dook saith, ivere made f their pre- hich she\vs with ours ; ^s of Nor- they argue William stomary of the First's cannot be im thence. tts a mere e book ot ; and the A. i>. iSSOi] MR. WHITLOCKE. (190 like of the laws of Burgundy; They further' add, that the first establishing of the Customary of Normandy was in Henry the First's time, and afterwards again about the beginning of Edward the Second's time* « If the laws in the Gustomai'y were introduced tliere from England, it will then be granted) that the laws of England were not introduced here by William the Con- queror* But I think it very clear that their laws Were brought to them out of England, and then you will agree to the conclusion. Our king Henry tlie First conquered Normdndy from his brother Robert, arid was a learned king, as his name^ Beauclerk, testifies i whom Juo calls an especial establishcr of justice. Sequerius relates, that this king established the English laws in Normandy. Here- with do agifce Gulielmus Brito, Armoricus, Rutelarius, and other French writer's j vho mention also, that tlie laws in the Customary of Normandy are the same wikli tlie laws collected by our English king Edward the Con- fessor, who was before tlie Conqueror. Aii additional testimony hereof is out of William de Alenson Revile, who in his comment upon the Customary, saith, that all the laws of Normandy came from tlie English laws and nation. -^ifV a'^*. j. fVT.^i In the Customary there is a chapter of nampes, ot distresses, and decreed chat one should not bring his action upon any seizure, but from the time of the coro- nation of. king Richard j and tliis must be our king Richard I. because no king of France was in that tinve of tha;t name j and the words nampes and withernams were Saxon words, takeln out of the English laws, signi- fying a pawn or distress, and in the same sense are used in the Customary* That which puts it fhrthei' out of scruple is, that ther« are yet extant the manuscripts tliemselves of the Saxon laws, made in the parliamentary counsels held by them here, which are in the language and character of those •VOL. U cr«y *ft. ifriiifidcKi: "[a. d. i6S0, times, iind contain in them many of those things which are m the Norman Customary. 3l It is no improbaWe opinioti that there wa5 d forme? establishment of our k\\ a in Normandy before the time of Menry the First, and thtit k was by Edward the Con-' fcssor, who, as ftll writers of ©iir history agree, was a great collector and compiler of our English laws. He lived a long time with his kinsman, duke Williiam, in Normandy, who was willing to please the Confessor iir hopes to be appointed by him to be his successor,, wherein the duke's expectation did not fail him,- . The Confessor having no children, and findirrg Nor- 'hiahdy witliout a scttlwd government, and wanting laws, advised his kinsman, duke William, to receive from him the laws of England, which he had collected, and to establish them' in Normandy i which duke William and his lords readily accepted for the good of tlieir people, amd thereby obliged the Confessor.; 'Another proof hereof isy tliat such farws as the J^or- 'iaahs had before tfie thne of duke William,, were differ- ent from tlioSe in the Customary^ and from the English laws ; as tlieir law^ That the husband shoald be hanged if tlie wife was a thie^ arid he did not discover it j the meaner people were as lilavea, and the like •, and the trial of theft by ordeal, which then Was not in England. Wigorniensis reports, that the NOrmans who came in lirith queen Emma, the w ife of Ethelredy w ere so bated of the English for their injustice and false judgment, that, in the time of king Cariutus, they were for this cause banished j and it is tiie less probable that' fhey, being so unjust themselves, should introduce so just laws i\s ours m'c* Bet;' e en tlie conquest of Normandy by Rollo, and the invasion of England by duke William, there were not above 150 years } that of Normandy was about Ann. 91% that of Engl and ^^«w. 1060. It is not then consonant \^o reason, that tliose Normans, Pagans, a rough r rous m such ex from th( ftll parti whicfj vi territory days wa ty conte If we will be J in the pr scriptio J Lfttorem Thfe sa That St. Nonnana he made pdEtrs sufl he cites s torn of f dilodecim in Norma Polydo place, salt ^oubt was fjaughter time be si for that : fo it, beiii* England ; ^ J3ie owner And sir ! is not any 200 years describe 01 custom inti 5 which i forme? the time the Con-' >, was ft \vs^ He lliiam, in fessor in uccessofy mg Nor- ting laws, from him 1, and to illiam and ir people, 5 the l^or- ere difter- le English be hanged er it i the ^ and the England. lo came in so hated judgment, 3 foF this that they, ce so just ■*t ' .' loHo, and [there were Iwas about fs not then [Pagans, a A. p. 1 630.] Mk. ^lii'iLoCKti 15^ rough rharttal people, descended frorti so mafiy ftama-' rous natrons, shduld in the time of 1 50 years establish such excellent laws among thciri^elves, arid so diflfercnt from the French laws, among whdm they were, and from all pdrtd bf the world except England} arid such laws which were riot only fit for tlietr dukedom and small territory, but fit also for this kingdom, which in those days was the Second iri Europe tor antiquity dnd wortli, by contfe^siori of niost foreign historians. If we will give credit to their own author^, this point*" will be sufhciently evinced by them. These words are in the proi^nie of the Customary, which is iritl^l6d De- scriptio NormAnnice hujusijue Normanmcz Oynsmtud'mU Latomn she Dutorem, Sanctum Edvardurh A?tglid^ Reg&m, 4'f • Thfe sam6 is witriesSed by Chronica Chrbhicoruiii I That St. Edwa> d, king of England, gave the laws to the Normans when he was lonj harbbured ih^te ; and that^ he made both the laws of Lnglarid and Normaridy, ap-' pdElrs sufficiently by the conformity of themj for whicli he cites several particulars, as of appeals, arid the cus- tom of England ad probandam aliquid per credentiam dtiodecim homitmm vichiortaHf wliich he saitii , remained! in Normandy to that dayi >^>'^^^^r\.... i.^-ff^.... s/-^^^^ Polydorcj forgetting himself ^vhat tie Avrote in ariothei: place, saith of king Henry th6 Seventh, that when a doubt Was made upon the proposal of marriage of hisl daughter to Scotland, that thereby En^and mi^f iil time be subject unto Scotland, the kiiig answered ^ No ! for that England, as the greater, will draw Scotland,! fo it, beiiig the less, and incorporate it to tf*e laws ot England ; as, saith the historian, it did Normandy, though' lilie owner thereof was conqueror in England. And sir Roger Owen in his MSS. affirms, tl:at there is not any of our historians that lived in the space o( 200 years immediately after the conquest, which doth describe our laws to be taken away, and the Norman^ custom introduced by the Conqueror. Some of tiiem K 2 11 .« Ids MR. WIIITLOCKF. [a. D. 16^jO argurnentum, tiling, ^and not improbably) mention the alt( ration of some part of tiicm, tmcl the bringing in some Norman cus* toms eflectual for tlie keeping of the jK'ace. ." There is yet befiind tlie great argument most insisted but there ^is direct proof to the contrary of this argument* Duke William never surnamed himself the Con- queror, nor was so called in his life-time, as may appear by all the letters patent, and deeds tliat he made, wherein he is called GuUelmus lie,i% Duj; c^c. never Cdrtqtiestor j and our ancient historians give him the same titles, and not that of Coiujueror. In the title of Newbrigensls's book he is surnamed William the Bas- fafd. Malmsbury calls him William the First j Hove- den, William the Elder. Adam dc Myrimuth saith, that (I Edward III.) this word Co)iquest was found out to denote and distinguish the certain Edward, because two of the same name were predecessors to this king, and to the Conqueror, who ckiimed the crown as heir to Edward the Confessor j but, saitli iic, we call him tlie Conqueror, for that he overcame Harold*. «. il\ Duke William himself claimed to be king of Eng- land as successor and adopted heir of the C( nfessor ly his will, and Harold's renouncing his title by oath. ■ The register of St. Albans, Matthew Paris, and others attest, that the barons of England did homage to him as successor, and he relied on tliem in his foreign wars ; and the check given to him by the Kentish men, and tlie forces gathered by the abbot of St. Albans, n:*:. tC' tr. * 1 not understand this passage. Uiiilt iJi'w'^" ,.V. lG50.] Mn. "VV'HITLOCKE. ;!^ Ids broiigljt him to crifragc to confinn the laws of tlie Con- fessor j and, as liis successor by legal right, they ad- mitted Inm to be their king. Volateran writes, that he- , was made h<'ir to tlie Confessor, who was uncle to him. Another nffiruis, that Kdward, by liis will, leK England to him. Paulus Emilias, and I'ukasiua, are to the same purpose. Pope Alexander the Second sent him a ban-, ner, as witness that with a safe conscience he might ex-*, pel I larold the Tyrant, because the crown was due to him by the Confessor's will, and by Harold's oatli.f Ay Sel- den,'History of Ty tlies and Titles of Honour, and in a MSS. chronicle, bound witb tlie book of Eli, \i\ Cot- ton's library. One of the worthy gentlemen from whom I diflfep in opinion, was pleased tq say, that if William the Cphr ([ueror did not introduce the laws of Normandy intq England, yet he conceives pur laws to be brought out pf France hither, in the time of some other of our kings, who had large territories in France, and brought in their laws hither^ else lie wonders how our laws should be in French. :> < • - i '- , r . n Sir, ( shall endeavour to satisfy bis wonder theicid \ Btf MR. WHITLOCKE. [a. D. 1650. by and by : but first, with your leave, I shall offer to .;you some probabilities out of history, that the laws of jEngland wiere by some of those kings carried into iFrance, rather than the laws of France brought thither, •iThis is expressly affirmed by Paulus Jovius, who writes, that when the English kings reigned in a great part of France, they taught the French their laws. Sabellicus, ft Venetian historian, writes^ that the Normans, in their manners, and customs, and laws, followed the English, Polydore Virgil, contradioting himself in another place, then before cited, relates, that in our king Henry the First's time, the duke of Bedford called together the ichief men of all the cities in Normandy, and delivered, •in his oration to them, the many benefits that the -English afforded them; especially in that the English gave to them their customs and laws. By the Chronicle of Eltham, Henry V. sent to Caen in Normandy, not only .divines, but English common lawyers, by the agreement at .Troys. So there is much more probability that the laws of England were introduced into France and Norr mandy, tlian that the laws of Normandy, or any other part of France, were introduced in England, i If the Normans had been conquerors of England, as they were not, but tlieir duke was only conqueror of Harold, and received as hereditary king of England, yet it is not probable they would have changed our laws, jand have introduced theirs, because they did not use to do so upon other conquests. The Normans conquered the islts of Guernsey and Jersey, yet altered not their laws, which in their local customs, are like unto ours. The like they did in Sicily, Naples, and Apulia, where they were conquerors, yet \,h^ ancient la\v8 of those countries were continued. ; vnuu;; w?>^* ^vi^ -j^n^I^iki^l -%ijfi I hope, Mr. Speaker, | have by this time given some satisfaction to the worthy gentlemen who differed with me, that the laws of England were not imposed upon us by the Conqueror, nor brought over hither, either 4 out of l^prmandy, or any other part of France, but are ji:d."1i our an your ah out of come t Sir, written by duk was not A.D . 1650.1 MR. WIIITLOCRE. *^ 137 our ancient native Taws! I most now cometo endea- Your also to satisfy the wonder, if they were not brougbt out of Normandy, or some other part of France, ho\t come they then to be written in the French language? Sir, it is to me an argument, that because they ar& written in French, therefore they were npt brought in by duke William the Norman ; for the French tongue ^ was not the lanOTajje of duke William and the Normans. They had not been then, in duke William's timc^ past ? four descents in that part of France, and it is improbable that they, in so short a time, should lose their native :^ tongue, and take up and use the language of another country which was conquered by them. The Normans carne from Sweden, Gothland, Norway, ; and Df'iu. trkj betweeji whose lan^uaues, and viith tho^ T High L iCU" neighbours, there is a great affinity ; but betw> .nese languages and the French tliere is none at all. Ulphilus holds, that the Dutch tonguei came from the Goths. Jernandus saith, the Goths*, tongue came from the Dutch. «A11 agree, that bcr tween these languages and the French, there is no affi-* It is so improbable that duke William should cause our laws to be in French, that, when he proclaimed them, as Ingulphus testifies, he commanded that they should be used in the same language they were writteiY (in English) to his justices ; and gives the reason, lest by ignorance we should happen to break them. But it hath been further o'l)jectcd, if duke William' (lid not cause our laws to be written in French, w hat then should be the reason that the grand Customary of his Norman laws were written in the French tongue? : The reason thereof is given, that the Normans being a rough and martial people, had few clerks among them, but made use of those French among whom they then lived, and whose language they then began to bo acquainted with, and to understand ; but when they were in England, they had not so nmch use of those clerks, \ nn ^B. WHITIOCKE. /K 1 [a.D. t6S0i I ^.p. l6 and that langnnge, but inore of tlie English ; and pro-^ jbaMy it might be, that the C(mfessor had been so Ipng in France, that he was more master of that language than of the Nonnan, apd that the Normans understood that langnage better tlian the English, and theieupon the Customary was written in the French tongue : but it doth not therefore follow, that duke William must cause tlie Engljsh laws to be wfitten in tjje Frencl) tongue, but it is more likely tliat he might cause theni %o he cpntinu^ in their native idiom, whici| was much nearer in aiiinity tQ his own qorthen^ language than tlie French w^s. That the French tongap was not introduced as to our lnws and other tilings by duke William, into Englaiid^ appear^ in that tlie French wa^ in great use with u| iicre, l»oth before and some time after his invasion. Beda affirms, that in Jmto 640, it was the custom of England tp send their dau^ters into the mpqasteries of France, to be brought up tiiere; and tlKit Etlielbert, Etbdwplf, Etheli-ed, arid other Saxon kingsj marriec| into the royal btood qf Fmnce. G labor notes, that be^ ibre the time ^f duke WjlUaiu, tlie Normans and English did ?o link together, that they were ^ teifror to foreign nations. Ingulphus saith, that the Saxon band, was used until the time of king Alfred,, loiig before the time of duke Willisim ; and that he beiitg brought up by French teachers, used the french hand ; and he note^ many charters of Eldrcd and Edgar written in the French hand, and some iSaxon mixed with it, as in the book of Doomsday : that Edward ti^e Confessor, by i-cason of his long being in France, was turned into the French fashion, and all England with him : but ^hat William I. commanded our laws to be written in tlie English tongue, because most men understopd it, and that there be many of his patents in the Saxon tongue. : W:" I suppose we may be satistied that W^illiam I. did ijot cause our laws to be written in French, tliough tl^e D. J^30i I ^. p. 1650.3 MK. WHlTLOCKEf !!^ m French Japgiiftge was much in ii§e here heforp his time j and if he djd i)ot introtiuee the iVench language into Englai|d, tl|e argmiicnt fells, — that because they are y\ritt;en in french, Jiierelbre he brought them iq. Bi^t, sir, I ^hail otfef you some conjectures, hpw it came that our la\ys were written in French, which I suppose might be begun in the time of pur king Henry II. yvho was q, Frenchman born, and had large territoiiesf and relations; in France ; niany of his successors had the like, and very much to do in France, ai»d with French*- rnen, of wl^om great numbers came into Englaiid ; and they and the Enj^lish matched and lived together, botl^ ^ here and in son^e parts of Francp. Hence it came to pass, as Ciiralcjus^ Cambrensis notes, that the English tongue was in great use in Bourdeaux ,and in other parts of F^'ance where the Englishmen were resident pd ponveri^ant ; the like was wjien the Frenchmen were 80 conversant in England. ; Matthew Westminster writer, that he was in nazard of losing his living, because he understood not the Frencli tongue ; ai)d that in king Henry 11. and king Stephen's time^ who had large dominions in France, their native country, the number of French, and of matches with them, was so great, that one could hardly know who was French and who was English. Gerva^ • ^ius Xilburicnsis observes the same ; and Brackland writes, that in Richard tiie First's time, preaching in England was in the French tongue ; probably pleading foight be so likewise ; and in king John s tinie, French was accounted as the mother tongue. 1^' There ^re scarce any deed?j of piu' kings in the French before Henry the Second's time : the most aie jn Edward the Fir§t and Edward the Second's time. That our laws were pleaded and written in French before Edward the Thirds time, appears by the statute 36 Edward III. Cap. 15, which recites the mischief of tlie law being in French, and enacts, that the law shall |ierea(ter 1^ pleaded in English, and enrolled in Latin. ' > H6 a . .', n MR. WHITLOCKE. [aVi5.1650, This is one ground of the mistaken opinion of Lam- bert, Polydore, Speed, and others, that duke WiUiarn brought in hither both the Norman laws and language ; which I apprehend to be fully answered, and the con- trary manijested by what I have said before on this subject. l^oiydore's mistake may appear the more, when he asserts, tiiat by this statue 36 Edw. III. matters are to be enroUe(i in English, which is contrary to the express words;: — tliat tliey are to be enrolled in Latin. Many of our law books were written in I^tin, before the Norman invasion, as appears by the ancient rolls of manors ancj courts baron, and our old authors Glanvill, Bracton, Tilbury, Hengham, Pleta, the Register and Book of Entries. The records at Westminster and the Tower, p,nd other recprds yet extant, are in Latin ; and many books of ouy law in I^atin, were translated into English about Edward the Third's time. ; ]VJ[oet of our Gtatutcs from Edward the First's time, till about th^ middle of Henry the Seventh's reign, are enrolled in French, notwith«tanding this statute 36 Edw. Ill, except the statute 6" Bichard II. and some Others, iq Latin. Richard II, Henry IV. Henry V. and Henry VI. used to write their letters in French j and some of our pleadings are in French, and in the (ponmion pleas to our time : but, sir, our law is /e.r non fcripta : I mean our commori law ; and our statutes, records, and books, which are written in French, are po argument, that therefore the original of our laws ia ' from France ; for they were in being before any of the French language was in our laws, Fortescue writes, that the English kept their accounts in French j yet doubtless they had accounts here, and revenues, before the French language was in use here, Lord Coke saith, that the Conqueror taught the English the Norman terms of hawking, hunting, gaming, &c. yet no doubt but that these recreations were in use with us before hjs time ; and though duke William, or any A. D. 1650. I A. D. 1650.] iitL. \^niTL6t titi. other of our kings before or after his time, did bring in the French tongue amongst us, yet that is no argument that he or they did change or introduce our laws, which un- doubtedly were here long before those- times ; nnA some of thera, w^hen the Jf'rench tongue was so much in use here, were translated, written, and pleaded, and recorded, in the French tongue,- yet remained the same laws still ; and from that great use of the Flinch tongue here, it Avas, tliat the reporters of our law ca^es and judgments which w ere in those tenns, did write tiieir reports in French^ which was tlie pure French in that time, though mixed with some words of art. Those terms of art were taken many of them from the Saxoil tongue, as may be seen by those yet used. And the re-' porters of later times, and our students at this day, use to lake their notes in French, following the old reports which they studied, and the old French, which, as iii other languages, by time came to be varied. ^*^^ ^i* #4^ I shall not deny but that some monks, in elder times, and some clerks and officers, might have a cunning for their private honor and profit to keep up a mystery, to have as much as they could of our laws to be in a kind of mystery to the vulgar, to be the less understood by them j yet the counsellors at law, and judges, could have no advantage by it. But, perhaps it would be found, that the laws being in English, and generally more understood, yet not sufficiently, would occasion the more suits ; and possibly there may be something of the like nature as to the court hand : yet if the more conmion hands were used in our law writings, they would be the more subject to change, as the English and other lan- guages are, but not the Latin. Suicly the French tongue used in our i-eports and law books deserves not to' be so enviously decried as it is by Polydore, Eliot, Daniel^ Hotoman, Covvel, and other censurers. ^' But, Mr. Speaker, if I have been tedious, I humbly ask your pardon ; and have the more hopes to obtain it from so many worthy . English gentlemen, when tliat V m if ifft. WIIlTLOCkfi. [A.B/iesO, I A-D- 1^^ 1^'hich I have 6aid was chisfly in vindication of tWsir own native laws, unto which I held myself tlie more obliged by the duty of my pfOtessioii ; aiad I account it art honor to mo to t^ a lawyen • ?/ yi ,, As to the debate aiid iriattfet of the fict liotr Itefore you; I have delivered no bpinion against it i nor do I think It reasonable that the generality of the people of Englatid fehouki, by an implicit taithji depend upon the knowledge of others in that which concerns them most of alii It was the Komish policy to keep them in igno^: ranee of matters pertaining to their jJoul's health j let tiiem not be in ignorance of matters pertaining to their bodiesj estates, and all their worldly comfort. It iS not un* reasonable! that the law should be in that lariguagd ivhich may best be understood by those whose lives and fortunes «^re subject to it, and are to be governed by it. Moses read all the laws opertly before the peo* pie in their mother tongue. God directed him td write it, and to expound it to the people in their o^h native language, that what concerned theii^ lives, liberties, and estatesj might be made known unto therti in the most perspicuous way. The laws of the eastern nation;^ wer6 in their proper tongue j the laws at Constantinople wer^ in Greek ; at Rome in Latin ; in Frarice^ Spain, Ger-^ many, Sweden, Denmark, and other nations, their law^ are published in their native idiom. For our own Coun- try, there is no man that can read the Saxon character^ but may find tiie laws of your ancestors yet extant in the English tongue. Duke William himself commanded the laws to be proclaimed in English, that none might pretend ignorance of them. It was tlie judgment of the parliament, S6 Edward III. that pleadings should be in English j ^id in the reigns of those kings when our statutes were enrolled in French and English^ yet tlien the sheriffs in their several counties were to pro- ckam them in English. a»«v a ^ k ;i?;j j>* f. , 1 1 - ■ ,; t: • I shall conclude with a complaitit of what I have met witli abroad from some militaiy persons; nothing bu^ . D. 1050, I A. D. 16561] /OHN THCRLOt^^ US scoffa and invectives against our law, and tKfcais to take it awaj ; but the law is above the reach of tliose tvea- pons, which at one time or another will pelttm upon those tliat use them. Solid arguments, strong reason&« and authorities, are more fit for contutaUKm ot any error, and satisfaction of dift'erent judgments. When the emperor took a bishop in complete armour in a battle, he sent the armour to the pope, witJi this word : Haccine sunt vestesjitii tui? so may I say to those gendemai abroad aato their railings^ taunts, and threats, against the law, Hacdne sunt arguntenta korum antinowianorum? They will be found of no force, but recoiling arms. Nor is it ingenuous or prudent tor Englishmei^ to deprave their birth-right, the lawf of their own counti'v. But to return to the idatter in debate : I can find neither strangeness nor forsee great inconvenience by passing this act; and tlierefore, if the house s&all thicdk fit to have the question put for the passing of it^ I wax Iready to give my affirmative. -u - JOHN THURLOE, J^ (Author of the State Papers, and cotifidetUial Secretary t» Cronrn^K^ Was born in l6l6, and died in l66%, The following speech of hi» is interesting, a^ it shews the temper of the times ; it it shrewdl and vulgar enough. ■tJi^ih'^*i«i:*«'i*'==S3ssa f 'iffia . " -.-- --:j ■-■••■ '-ii •!■ 'm?' hah .. Mr* Speaker, >;!» v^^ The scope of this bill is to sjt an extraordinary tax upon the old delinquent party, with a retrospect by way of approbation of what hath been done of this kind by his highness and the council ; so that we are to congider, .144 JOHN tHUftLOE. [a. D. IG^^. I A» D» fl i 1 , What reasons liis higlinesa and council had to lay tlie charge. '2, Upon what grounds it shall be continued by act of , .parliament. • t^m n.ju /.>■'■>.:>':. ^ . What moves me to speak in it is, the plaie I havfe the honor to bear, Tlie occasion was, tiic last insurrection . made by the old delinquent party^ Who these old • dehnquents are, I suppose nobody needs any int'orma- *": tion ; they are described in the bill to be those wlio : were in arms for the late king against the parliament, ' or i'or Charles vStuart^ the son ; or have adhered to, • assisted, or abetted, the forces raised against the par- •tliament; or whose estates have been se(iuestcrc;d for dc- " linquency. i, i.,; :> You know, sir, tnuch better than 1, and so do niost > men here, w liat the design was before the long parlia- :menti it was to alter our religion, and to subvert the / i fundamental laws^ The bishops, so they might enslave our consciences, and have us at their will to impose their ceremonies, f which were but inlets to popery, were content we should I be at the king's will for our persons and estates. I re- j member myself, and many here remember much better, "* liow many were banished into foreign parts^ that they I might serve God vitliout fear, whicli they could not do . ii^re, Many good ministers were imprisoned, odieis .? silenced. If two or three christians met togetlier to pray, this was a conventicle, and they were haled before the then powers. . ^ n i^«4MfU?^??'*>sfe'f|tP^ • I fear these things are forgotten, and we value not tlie i liberty we have in these cases. I know what thoughts we had then, that that was the design. And so, in the state, the prerogative was very high, ' but the people's liberty was very low. We have not „ forgot the German horse that were to be brought over, and the army in Ireland, that was to be raised to en- slave tliem first and then to do the same here. What was doing in Scotland, many gentlemen here, I doubt SUKl \.D. 165^. I hP) iC.^^-J, JOHX TIIUKLOE. \fh not, that rejoice to sec this dav^ can tell you large stories of. / Parliaments Mere set aside. How many had ye be- tween 3 artd 16 CV^r. in 1^ years together ? Not one! No, they iiad got a Avay to govein v\ ithput parliaments, and the laws in Westminster Hall began to be of little usCi The judtjes that were honest and true to tlie peoples liberties, were either removed or discounte^^ nanced, that ad piaciticn regis slnt scntent'ue legis. OtJier courts flourished : the marches of Wales, the presidentship of York, tiie star chamber, the council- board, Uie high eomvuission, and, I am, loth to name, the chancery ; but good use was made of that, too, for tlieir purposes, that Avere arf)itary ; and die design was to rack all thinsis, so thaf a man could not to be met with tluirc that Would hear reason. The trutli was, the design was to govern us by a power that might be turned against us j and it \^as said, quod placidt pr'mcipi, kgisrim liubeti. Things were almost become desperate, and all men who loved their country thought, all, either of suffering or of flying j this, I say, was the first design. To do an arbitrary act out of necessity to save the \Ahole, that's another thing; but this was matter of choice. In this conjuncture of afiairs, the long pirl lament comes, questions the king's counsellors, undertakes tl»4, cause of the nation, and advises the king. Instead oi' listeniniT to them, he takes the advantaije of raisinc: an army m prosecution of his former design, and to defend tliose who were the instruments thereof. A great pui t' of the nation whom lie and his counsellors had de-. bauched, and who were &(?asoned witli tlie sauie })iinci- plcp, in hatred to the spirit of reformation and liberty, wiiich appeared in the pailiament, adhered to him, took' up ririns with him, and in his cause ; and |t believe no-- b( d / here hath forgot itow much blood and treasure tills co>irse lath cost this nation in a ten years war, for KCar so long imth this party of men held up th^ir cause VOJL. U ' ' ' • ' ■ ■ L -""^ ' '" " ■"■'•■' "%. I4if t JOIIV TIIURLOE. [A.D. l63€* aroVe^aicf ajrttinst the good 'ppopfri of this hind hy an o{>en war ; and what havock luith hccn made of tlie lives and estates of many a good patriot during this time, is 'yet to he lamented ; and tliu loss of your re- lations, the emptiness of your purses, exhausted in this war, the si^al deliverances whicii God hath given you, will not suuer you to forget what our condition had been if we had been given up into the liands of tlicse men. These are tlie men, sir, this is the old delinquent that we have to do with in tliis hill. ' In the management of this war we have had many divisions and subdivisions amongst ourselves. '• '^ In the church, presbytcrians, indcj^endents, anabap- tists ; in tlie state, bad commonwealths men ; such as mercenary soldiers, lawyers, fifth monarchy men, every one labouring for their own interests ; but none of all these are now in question. But 'tis tlie old enemy, men that would bring in the hierarchy again, and with it popery ; persecution for conscience sake, bring in tyranny over our jperscns and estates ; who endeavoured to have made the land desolate rather than not have brought tliis to pass ; brought in all manner of profanencss and debauchery. I wish we do not forget what manner of men they were ; we did all once agree against them, iMid I hope we shall do so again so long as they retain their old principles. I say, the worst in this bill is, to make these men pay an extraordinary tax for the support of the public charge. Aye., but 'tis said they have compounded, many of them, lor their delinquency, and they have had an act of oblivion, and are now, in justice, to be looked upon sis the rest of the nation. That, sure, is not hard to answer : Their composition was but for what they had done — sure it v. as not for all they should do! The pardon -was but of offences pas ; it was not like the pope's pardons, that are of all sins Coniinitted and to be comujitted j so diat if they be A.t). \656.] JOHN tituRtoE. 14^ guilty of hew bffcricef, It is Just tb'"flll1SJ i The onuS' probandi is ptit on their side, and many have had the fruit of this. > His highness and tlie council! having had good satisfaction concerning many of them, have discharged their decimation, and I suppose thi-^ bill is not, or ought not to reach to these ; so that the question will not be of every individual man, but of such only as have not, nor can give, any testimony of their having changed their interests and principles ; on the contrary, have given a just ground of suspicion that they do retain them. For those who have actually had a hand in designing, contriving, acting, or abetting in the late insurrection, and can be convicted thereof by testimc.y, that is under another consideration, and will no"^ 1 c pertinent to be •spoke of under this head. '. '■ . Va.AVso. "-aVv Then to answer that que'^^on", What have they dorie r Its true, there was an insurrection, and of some of the party, Wagstaffe, Wilmott, &c. j but are all there- fore to be punished ? What hatii the whole party^ done ? This I would say in general, that the old de- linquent party have not only the same intentions that l2 V ?*f WiiixffiFji[4^^. , l^^.l^67^ they had when they were in open arniS) and notori- pysly manifested it to the consciences of all men who will consicier it, but they do retain their old principle§, and still adhere to their former interest, (what that is I have spoken before,) and have been all along hatching new -custurbances to trouble the peace of the state. And \ ,. ' although tlie testimonies do not extend to such a proof as is necessary to a legal conviction, yet so much is known of the actions and conversation of tlie whole party as may satisfy any indifferent man, (especially a istate who ought rather to be too jealous than too secure,) that they were generally involved in the late design, eind ought in reason to have the charge laid upon ;- • • them. . , ^ To evince; that, take a view of this party ever since the ]b»aftle of Worcester. There you know their hopes were ' ' broken, and the lives and estates of that whole party in ' the three nations subjected to your power. What! ' doth the parliament apply themselves to heal and cement, and to take away the seeds of division? Hence it is, that not only justice is done them all, but an act of grace is granted to them, and that by the government! :: Wliat do tliey meditate? The overthro^v of those whose favour they were by the providence of God compelled to seek ; tor from that very day, until the late insurrec- , tion broke forth, tliey have been in agitation of ill dc- wgns. MR LENTHALL. ■UU ...( The speaker ( LenthalVsX Speech on the Inauguration of Cronvwell. May it please your Highness, You are now upon a great theatre, in a large ehior of pepple : you have the parliajiient of England, Scotland, n:- ^ \ WW >A. D. 1657.] MR. LENTHALL. 14^ and Ireland, before you ; on your right hand, my loixfe tlie judges ; and on your left hand, the lord niayor, al^ dermen, and sheriffs of London, the most noble and pow' • palous city of England. The parliament, mth the in- terposition of your suffrage, makes laws; and the judges and governors of London, are the great dispensers;o| those laNvs to the people. r Y > I'he occasion of this great convention arKl inteicourse^f is to give an investiture to your highness in that eminent place of lord protector. A name you had before, hut it is now settled by the full and unanimous consent of the people of these three nations, assembled in parUament* Vou have no new name, but a new date added to the old name ; the. 1 6th of December, is now changed to the. 26'th of June. % I am comnianded by the parliament to mal<;e obia-* tion to your highness of four things, in order to thisin^' augu ration. ' |- The fi.rst is, a robe gf purple, an. emblem of magis- tracy, and imports righteousness and justice. When you put on this vestment, I may say, (and I hope vvithqui offence,) that you are a gown man. This robe is. of a mixed colour, to shew the mixture of justice and mercy, which are then most excellent when they are Avell tempered tn!:jether. .Justice without mercy, is wormwood and bitterness ; and mercy without justice, is of too soft a t.ci)\per for government ; for a magistrate must have two hancl.^, ptectentem et ninplcctentcm. The next thing is a bible, a book that contains thei holy scriptiu'cs, in which yon have the honour and liap-- pincss to be \vcll versed. This is the book of life, con- sisting of two testam^^nts, the old and new. In the first we have CImsium rda^iim^ Christ in types, shadows, and figures ; in the fatter we have Christian revelation, Christ revealed, 'J'his book carries in it the grounds of the true Christian protestant religion ; it is a l^ook of boDks ; it contains in it both precept^ and examples tQip good government. m m MR. LENTHALL, X:,.. . [a. d 1657. Alexander so highly valued the books of his master, Aristotle, and other great princes other books, that they have laid them every night under their pillows. These are all but legends and romance? to this one book • a book to be had always in remembrance. I find it is said in a part of this book, which I shall desire to read, and it is this : Deut. 17. *'And it shall be,' when he sittetluipon the throne of his kingdom, that he shall' write a copy of this law in a book, out of that which is before the priests and levites. And it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord God, and to keep all the words of his law, and those statutes, to do them. " That hiVheartbe not lifted up above his brethren, and that he turn not aside from the commandment, to the fight hand or the left j to the end he may prolong his days in this kingdom, he and his children in the midst of Israel." The next thing that T am to offer to your highness, is fe sceptre, not unlike a staff; for you aie to be a stafl' to the weak and poor. 'Tis of ancient use in tliis kind j 'tis said in' scripture, in reference to Judah, the royal tribe, that the sceptre shall not depart from Judah. It tj^as of like use in otlier kingdoms and governments : Ho- mer, the prince of the Greek poets, calls kings and princes, sceptre>-bearers, The last thing is a sword, not a military, but a civil sword i a sword rather for defence than offence*, not to defend "ourself only, but otliers also. This sword is an emblem of justice. The noble lord Talbot, \\\ Henry the Sixth's time, wrote upon his sword, E^o sum Talhoti propter pcddcfidum immicos meps. This gallant lord was a better soldier than a critic. Jf I might presume to fix a motto upon this sword, it should be this : Ego sum domiiiiprotectbris, adprotegendum populiun niemi. I say tliis sword is an emblem of justice, and it js to be used as king Solomon used his j for the discovery of A.D. 1657.] OLIVER CROMWELl,. , % m the trutli in points of justice. I may say of tliis swoid, as king David said of Goliah's sword, tijeie is none like this. Justice is the proper virtue of the imperial throne, and by justice the thrones of kings and princes^ are estar blished. Justice is a royal virtue, w^hich, as one saith of it, doth employ the other three cai'dinal virtues in her service. 1. Wisdom, to discern the nocent from the innocentsi 2. Fortitude, to prosecute and execute. 3. Temperance, so to carry justice, that passion be x\p ingredient, and that it be witiiout confusion or precir pitation. You have given ample testimony in all these paxtici^r larsj so that tliis sword in your hand will be a ri^rf; gword of justice, attended with wisdom, fortitude, and temperance. When you have pll these togetlier, what a comely and glorious sight it is to behold a lord protector, in a purple robe, witii a sceptre in his hand, a sword of justice girt about him, and iiis eyes fixed upon the bible ! Long may you prosperously enjoy tliem all, to your own com- fort, and the comfort of the people of these thye^ Viations, 'i:'!;-'^otf Irriv ■riatt «; OLIVER CROMWELL, -xla I HAD very comfortable expectations that God woujc^ make tlie meeting of this parliament a blessing; and the Lord be my witness 1 desired the carrying on tlie affair? of the nation to these cuds. The blessing which I mean, and which we ever climbed at, was mercy, ti'utli, righte-i ousness, and peace; and which I desire may he inw proved. ^,'^j ,^i Vl'^^ . ^ 'v;i. I'hat whicti brought me into the capacity I now stand ill, was the petition and advice given me by you ; who. 152 biiVER CROMwELt. [^:h!l657. I a"t>- ^ ^ ■ > In reference to the ancient constitution, did draw me to accept of the place of protector. Tiiefe is not a man living can say I souglit it; no, not a man nor woman treading upon EngHsh ground j but contemplating tiie sad condition of these nations, relieved from an intes- tine war, into a six or seven years' peace, I did think tlie nation happy therein. But to be petitioned thereunto, and advised by you to underttilce such a government, a burden too heavy for any creatiu'e, and this to l)e done by the house that then had the legislative capacity* j 1 did look that tlie same men that made the frame, should •make it good unto me. I can say, in the presence of God, incomparisonwith whotn we are but like poor creep- ing ants upon the earth, I would have been glad to have lived under my wood side, to have kept a flock of sheep, ratlicr than undertook such a government as this is •, but, undertaking it by the advice and petition of you, I did look that you that had otTere;d it unto me, should make it good. I did tell you, at a conference concerning it, that I would not undertake it, unless there might be some other persons that might interpose between me and the house of commons, wlio then had the power to prevent tumultuary and popular spirits, and it was granted I should name another house. I named it of men that shall mcetypu wheresoever you go, and shake hands with you, and tell you it is not titles, nor lords, nor party, that they value, but a christian and an English interest] men of your own rank and quality, who will not only be fi. balance unto you, but to tjiemsclves, Mhile you love England and religion. Having proceeded upon these terms, and finding such a spirit as is too niucli predominant, every thing being too high or too low, when virtue, honesty, piety, and justice, are omitted, I thought I had been doing that which was my duty, and tiiought it would have satis- iied you ; but if every thing, must be too high or too io^r, you ai"e not to be satisfied. hi Aga How beautiful and elocjucnl \ A.T>' 1657.] OLIVER CItOMWELt* 153 Again, I would not have accepted of the govemmeai^ unless I knew tliere would he a just accord between th^ governor and the governed j unless tliey would taJke an oath to make ^ood what tlie pa^'liament's petition and advice advised lue unto ; u})on that I took an oath, and they took o notlicr oath u pon tijeir part, answerable to mine 5 and did not every one know u[)on what condition they swore? God knows, I took it upon the conditions ex-. pressed in the government, and 1 did think we had been upon a foundation, and upon a bottom* j and thereupon I thought myself boiirjd to take it, ancj to he advised by the two houses of parliament} and we standing un^ sctded till we were anivcd at that, tlie cxjnsequences would necessarily have been confnsion, if that had not been settled. Yet there arc not constiljuted hereditary lords, nor hereditary kings; the power c( rjsisting in the two houses and myself, I do not say that was the nicaning of your oatii to yourselves, tliat were to go against my o\vn principles, to enter upon another man's con- science. God will judge between meand3''ou. If there had been in you any intention of settlement, you would have settled upon this basis, and have offered your judg- ment and opinion. God is my witness, I speak it, it is evident to all llie world, and all people living, that a new business hath been seeking in the army, against this actual settlement made by your consent. I do not speak to these gentle-, men, or lords, (pointing to his right hand,) whatsoever you will call them. I speak not this -to them, but to you ; you advised me to run into this place j to be in a capacity by your advice ; yet instead of owning a thing taken for granted, some niust have I know not what; and you have not only disjointed yourselves, but the whple nation, Mhich is in likelihood of running into more confusion, in these fifteen gr.sixteen days tliat yom . * This is soincthing like tht style of Sir Hugh Evans, in Shake?t p'-'iir. i' t 'm "•diivr-R cnoMWELi. [a.d. I657, have sat, than it hath been from the raising of the last Bcssion to this day; through tlie intention of devising, a connnonvvealtli again, that some of the people might be tiie men that might rule all j and tUey are endeavouring to engage the army to carry that tiling. And liath that man been true to this nation, whosoever he be, espe-^ cially that hath taken an oath, thus to prevaricate ? These designs have been among the army to breaJc apd divide Us. I speak this in the presence of some of the. army, that these things have not been according to God, nor according to truth, pretend what you will. These things tend to nothing else, but the playing the king of Scots* game, if I may so call him j and I think myself bound, before God, to do what I can to prevent it. That which I told you in the Banquetthig JJouse, was tnie J that there were preparations of force to invade usj God is my witness, it has been confirmed to me since, within a day, that the king cf Scots hath an army at the water side, ready to be shipped for England. I have it from tliose who have been eye witnesses of it j and while it i^ doing, there arc endeavours fi'om some, who are not far from this place, to stir up the people of tliis town into a tumulting. What if I had said into a rebellion? And I hope I shall make it appear to be no better, if God assist me. It hath been not only your endeavour to pervert the army, while you have been SlttUlgy and to draw them to State the question about the commonwealth; but some of you have l)een listing of persons, by commis-. sion of Charles Stuart, to join with any insurrection that rnay be made. And what is like to come upon this, the tmemy being ready to invade us, but even present blood pnd confusion ? And if this be so, I do assign to this cause your not assenting to what you did invite rnc to l»y tlie petition and advice, as that which might be the set- tlement of the nation; and if this be the end of your sitting, and this be your carriage, I think it high lime that an end be put unto your sitting, and I do dissolve this paHicmicnt. And let God judge between me and you. A, p. 1638.] IIK5IIAIVP GROMWiit, / ^55 JIICHARP CROMWELL, gucoceeded bis father in the Protectorate ; but soon gfter, not being able to retain the government in liis hands, he resigned, and went ' jibroad. He died 171'-2; It is curious to have something oi" a nvan who, from the weakness either of his understanding or pas- bions, tamely lust 4 kntgdom ^yhich his father had gained. Jliahard CronvwelTs Speech on the^3/eetlNgofParHa^ietiti My Lords and Gentlemen, I BELIEVE there are scarce any of you here, who exf pected some months since, to have seen this great as- sembly at this time in this place, in peace, considering the great and unexpected cliange which it hath pleased the all-jdisposing hand of. God to luake in the midst of us. I can assure, you, that if things had been according to our own fears, and the hopes of our enemies, it had not been thus with us j and therefore it will become both you and me, in the first place (as to reverence and adore the great God, possessor of heaven and eaith, in whose hands our breath is, and whose are all our ways, because of his judgments,) so to acknowledge him in his goodness to these lands, in that he hath not added sor-. row to sorrow, and made the i)eriod of his late highness's life, and that of the nation's peace, to have been in one 4ay. Peace was one of the blessings of my father's govern ment; a mercy, after so long a civil war, and in the midhst pf so great division which that war bred, is not uiiiially atibrded by God unto a p8oi)le in so great a measure. The cause of God and these nations, which he was engaged in, met in all the parts ot it, as you well know, with many enemies and great opposition. The archers, privily and openly, sorely grieved him, and shot ftt him; yet his bqw abode in streiiiftli, and the arms of .- V 156 RICHARD CROJtWET.t. (a. d/ l6o^. his hands Here made strong by the hands of the mighty God of Jacob. As to himself, he died full of days* spent in great ancj fiorc trnvail ; yet his eyes were not waxed dim, neither Vkoa his natural strength abated, as was said of INIoscs. lie was serviceable even to the last. As to these nations, he left them in great honour abroad, and in full peace at home ; all England, Scot^ land, and Ireland, dwelling sately, every man under his vino, e^nd under his fig ti'ce, from Dan^ even to BceU' slieba. He is gone to rest, and we are eiitered into his la- bours J and if the Lord hath still a blessing for these lauds, (as I trust he hath,) as our peace hath been lengthened out to this day, so shall we go on to reap the fruit, and gatl);^r the harvest of what his late highness, hath sown, and laid the foundation of. For my own part, being by the providence of God» and the disposition of the law, my father's succe5;sor, and bearing tliat place in the government tliat I do, 1 thought it for the public good to call a parliament of the threo nations, now united and conjoined togetlier into one commonwealth, under one government. It is agreeable, not only to my trust, but to my princi- ples, to govern tliese nations by the advice of my two houses of padiament. I hnd it asserted in the hum- ble petition and advice, (which is the corner stone of this building, and that vhich I shall adhere to,) that parliaments are the great council of the cliief magistrates in whose advice both he and tliese nations may be most safe and happy, I can assure you, I have that esteem of tlicm, and as I haf e made it the first act of mv govern- nient to call you together, so I shall further let you see the value I have of you, by the answers that I shall re- turn to the advice that shall be given me by you, for the good of these nations. You are come up from your several counties, us the beads of your ti'ibes, and with hearts, (I persua,de my-« A. D. \65S.] RICHARD CROMWEJ^i:. ^ self,) to consult together for their good. I can say, I meet 3'ou with the same desires, having nothing in my design but the maintenance of tlie peace, laws, liberties, both civil and christian, of these nations ; which 1 shall always mak^ the measure and rule of tny government, and be ready to spend my life for. We have summoned you up at this time, to let you know the state of our aftairs, and to have your advice in them ; and I believe a parliament was never summoned upon a more important occasion. ■ . It is true, as I have told you, wc are, tlirough the goodness of God, at this time in peace ; but it is not thus with us because we have no enemies. No, there are enough, both within us and without us, who would soon put an end to our peace, were it in tlieir power ; or should it at any time come into their power. |,- It will be becoming your \iisdom, to consider of the securing of oui: peace against those, who ^ve all know ai*e, and ever will be, our implacable enemies ; what the means of doing this are, I shall refer unto you. This I can assure you, that the armies , of England, Scotland, and Ireland, are true and faithful to the peace and good interest of these nations ; and it will be found so ; and that they are a consistent body, and useful for any good ends ; and if they were not the best army in the world, you would have heard of many inconveniei^ices, by reason of the great arrear of pay which is now due unto them, whereby some of them are reduced to great necessities. But you shall have a particular account of their arrears, and I doubt not but consideration will be had thereupon, in some speedy and effectual way. And this being matter of money, I recommend it particularly to the house of commons. You have, you know, a war with Spain, canied on by the advice of parliament. He is an old enemy, and a potent one ; and therefore it will be necessaiy, both for the honour and safety of these nations, that that war be Vigorously proseguted. ,. , 'isk RitittAfti)" eRt)ifWfeii.'' tA^D! Hit Furthermore, tlie constitution of afFairs in iiU our neighbour countries, and rountl about us (as well friends ns enemies,) is very considerable, and culls upon us to bo upon our guard, both at land and sea ; and to be in a posture able to maintain and conserve our own state and interest. Great and po\\'erful fleets fere preparing to be set ibrth into tiiese .seas, and considerable armies of several na- tions and kings are now disputing for the mastery of tho Sounds with the adjacent islands and countries; among "which is the emperor of Germany, with other popisli states. I need not tell you of what consequence these things are to this state. We have already interposed in these affairs, in such jnanncr as we found it necessary for the interest of Eng-* land; and matters are yet in such a condition in these parts, that the' state may, with the assistance of God^ provide tliat their differences may not prejudice us. The other things that are to be said, I shall refer to my lord keeper, Fiennes; and close up what I have to say, Tvith only adding two or three particulurs to what I nave already said. ; ■ ■ . . And first, I recommend to your care, the people oif God in these nations, with their concernments. The more they are divided among themselves, the greater prudence should be used to cement tliem. Secondly, the good and necessary work of reforma-* tion, both in manners and in the administration of jus-- tice ; that profaneness may be discountenanced and sup- pressed ; and that righteousness and justice may be ex- ecuted in the land. ^ Thirdly, I recommend unto you the protestant cause abroad, which seems at this time to be in some danger^ having great and powerful enemies, and very few friends ; and I hope and believe that the old Endiah zeal to that cause, 18^ Still amongst US. , /.:.,:,<'.«,.:,, ;,.f.;.,t " Lastly, my lords, and you, gentlemen of tlie house or commons, that you will, in all your debates, maintain A.t)A660.'] CHARLES lU 139 fltld conserve love and unity among yourselves, tlial therein you may be tlie pattern, ol" the notion, uho have sen* you up in peace, and with their prayers, that the spi* fit ^t wisdom and peace may be aniong you ; and tliis shall also be my prayer for you ; and to this let us all add our utmost endeavours for the making this an happy parliament* CriAULES II. Wasborn l630,and died 1685. This prince is justly cplehratfd Tor his understanding and wit. There is, however, nothing remark- able in his speeches to parliament, ot which the I'oUowing is a very fair specimen. The King's Speech on the second Meeting of Parliament, My Lords, and Gentlemen of the House of Commons : I will not spend the time in telling you m hy I called you hither; I am sure I am glad to see you here. I do value myself much upon keeping my word, upon making good whatsoever I promise to my subjects. And 1 well remember when I was last in this place, I promised that I would call a parliament as soon as could be reasonably expected or desired ; and truly, considering the season of the year, and all that has been done since we parted, you could not reasonably expect to meet sooner than now we do. If it might have been a week sooner, you will cou-' fcss there was some reason to defer it to this day. For this day, (we may without superstition love one day, pre-« ter one day before another, for the memory of some bles- sings that befel us that day,) and then you will not won- der that the memory of the great affection tlie whole m i^.' kinj^om sliewcd to me this (lay tvM'lvc moiilh, matJe nitl desirous to meet you a^fuiii this day, ulicn I daro swear you art; full of the saiuc spirit^ n,nd that it will be lasting in you. I liiink there are liot many oi'you wlio lire not particularly known to nie; there uie vc;y few ot' whom 1 have not heard ko much good, that I urn sure BS I can hcot any thinji; tliat is to come, that you will all concur with me, and tiiat I shall concur with you lii all tilings uhich may advance the [jcaee, plenty, and pros- perity of tlie nation ; I shall be exceedingly deceived else. My lords alid £;cnticnien : Vou Mill find whit method I think best for your proceedings, by two bills f have caused to be prepared for }"ou, w hi(ih nn'. for eonflrma* tion of flU that was enacted at our last meeting. And above all, I must repeat what I said v. lien I was la.st here, — that next to the miracuUnis blessing of (lod Al- mighty, and indeed, as an immediate elllct of that blessing, I do impute the good disposition and .security ve are all in, to the happy act of indemnity and ohli- vion. That is Che principal corner stone which supports this excellent building, that creates kindness in us to each other, and confidence in our joint and comnioii security. I am sure I am still of the same opinion, and more, if it be possible, of thatojnnion, than 1 was, by the ex[)eiience I have of the benefit of it, and from the unreasonable- ness of w hat some' men say against it, though I assure you not in my hearing* In God's name, provide full remedies for any future mischiefs ; be as severe as you will against new offenders, especially if tiiey be so upon ol(i principles, and pull up those principles by the roots. But I shall never think him a w ise iiMui, w ho would en- deavour to undermine or shake that foundation of our public peace, by hiii'inging that act in tiie least 'degree ; or that he can be my friend, or wish me well, who Mould persuade me ever to consent to tlie breach of a promise I so solemnly made mIicii I was abroad; and perfonned with tliat aylemnity, because, and. afttxlpru- A. D.I 660.] .'.-nP'^A^^S W, m I wil) ^^ot ^ndi^tjp wit^Ht teUiRgypaspn^ nc^^^s:, ncAVB tliat I think wilt be very ucceptai4e to you, and^ therefore I should think myself unkind and ill nature^' if I should not iippfut i( to ypii:. I liivc been often put in mind by my friencjs, that it was no>v h^dx limo to iriarry, and I have thouj^ht so ni^'self evei* since i' cahio into England. 13ut thei'G appearcil (ii^ciUpcs enough ju^ > the choice^ tjiough nj^ny ^ycrtm-ea.^fi^ tjeq^ mVwi to lite ; and if I should never marry till I could inake such . Qclioie«, aguinst which there c6u)d be no fbresightot* any inconvenience that may cnstte, yoU uioYdd Kve to see me an old batchelor, which, I think, you do not desire to do. I can now tell you not only that I am resolved to^ marry, but to whom 1 resolve to inarrv, if God please. Aud'to\«^rds my resolution thave lii^dtnat deliberation, and taken that advice, as I ouglit to do in an afiair of that importance; and truist m6, witil as' {uH considera- tion of the good of my subjects in general, as of mysefCi^ It is witii tbe daugliter of Portugal ; when I ii^ as welU as I couldt weighed all that occurred to iiiiie; tlic lirst re«r' solutioQ I look, was to state t)^ whole iv^crturcs wliiciii , had been rtiade to lue, and in truth all that had beenr sftid agaiqi^t it, to my privy council; >ivithQut hearing* wljose advice, I never djd, nor pver will, resolve any thing of public imp(utaDcc ; and I teU you, with greaiz satisfaction and comibrt to myself, that aJfter many hours* debate iii a full council, for I thii^k thei!'yi*wh /-jCJiar/ qf ClqrenaQn,an(i por^ (^/^ncelm of i^n^Iatid,) Was born in K^b^/ and '{o «ji:^tr; '^^^z,<. JSlfjr;^ ]'3^Ff^ffr^^'*il5!'^#'^^ ^^^ Restoration, ' , •My Lprqs andGentlenjen, - . . , . „„,.,,; .^ You aienowieturning to your counties to receive the thanks andiiatknowledgments of friends and neighbours for the great things you: have done, and to make the , burdens you have laid upon tljem easy, by cdnvincing them of the inevitable! necessity of their submitting to tiiem. V You Will make them see that you have proceeded very far towards the separation, and even divorce of that liecessity from thiim, to which they have been so long married ; that they are now restored to tiiat blessed temper o£ government, under which their ancestors en- joyed so many hundred years, that full measure of feli- city, and the. misery of being deprived of m hich they have so sensiWy felt ; that they are now free from those midnight alarms with which they have been so terrified, and rise oft'tlieir beds at theif own healthy houses, with- dut bping saluted with tlie death of a husband, a son, and friend, miserably killed the night or day before, and with $uch circui;nstances killed as improved the misery beyond the loss itself. This enfranchisement is worth X.D. 1660.] . EDWARD II^^DE.'* i^.: V.:., -^ 191 all thtey j^ay for' it > -Yourilordships will">aAsUy reedi^ tlmt estimation and revoiQiiteithfet i» due tb'vour higb condition^ by the exercisd'aiid practice ai tnaC \ittue from whence your honqqrsfirBt sprang; tbecxampleof your justice; ' and ) piety l\«^ill inflame the heart;$ of the people towai?\ ho *re now returning to your country laden with a trust not inferior or less weigiity thau that you brought froui tlicnce ; you came up their deputies to the king, and he returns you now his deputies to them ; his plcnipotenti- aiies to inform and assure Uiem that he thinks himself the happiest and greatest prince in the world } not from the situation of his dominions and the power of his great navy, witli which he can visit his neighbours, and keep them from visiting him, nor from the noble revenue you have settled upon him, which he will improve with all good husbandry ; but being possessed of the affections and hearts of such subjects, that he doth so intirely love them and depend upon thorn, that all his actions and all his councils shall tend to no other end but to make them happy and prosperous ; that he thinks his honour and his interest principally to consist in providing for, and ad^- vancing the honour and interest of tlie nation. mii> *;That you may have the more credit in what you say, he will not take it upkindly if you publish his defects and infirmities : you may tell them that he is so confi- dent in the multitude of his ver}(- good and faithful sub- jects, that he is very hard to be persuaded that his few ill and unfaithful subjects can do him much harm ; that he so much depends on the aifcctions of honest men, and tlieir zeal for his security, that he is not so solicitors and vigilant for his own safety as he ought to be, amidst t^o many combinations of which he is so well informed ; that his servants, who with grief and anguish importune hini not to ttike so little care of his own safety, can obtain no oth'.i answer from him than what Caesar heretofore gave to -his zealous friends : JiIo?'i me malic quiun tinicrc. lie will die any u^^ath rather than Uve in fear of his own subjects, or that they should be in fear of him. A.D. l€60.] EDWARD HYDE. • ■ ^ You may tell them, as a ^at Infirmity, tl^kt a troubled and discontented countenance so afiiictd iiim, that he would remove it fiom them at his own chcuree, as if he himself were in the iault. And when he hath been in- formed of any less kind or jealous thing said amongst you, (as your windows are never so close shut but that the sound of your words goes to the severel corners of the town,) his majesty hath been heard to say no more but "What have I done? I wish that gentleman atKl I were acfjuainted, that he knew me better." Oh, gentlemen, you cannot be yourselves, nor you cannot make others too jealous or too zealous for such a prince's safety, or too solicitous for such a^nct^'s satis- faction atid content i to whom we may very justiy say, as the king of Tyre writ to Soloman, " Because God hath loved his people, he hath made thee king over them." Even his own defects and infirmities are very necessary towaixls the full measure of your prosperity. IMy lords andgendemen> God hath enabled us to in- vert one argument, which I hope may, to a good degree, repair the much mischief it hath heretofore done. It hath been urged very unreasonably, yet successfully urged, in the worst times, that it was not faith, but pre- sumption, to expect that God would restore a tamily with whicii he seemed to have a controversy, and hath humbled so far ; that he would countenance a party that he had so much discountenanced, and almost de- stroyed. Wc may here nmch more reasonably, and theiefore I liope as etfectually. press the miracles that Cod Ahnigiity hath lately wrouglit for king and peonle, as an evidence tlat he will not again easily forsake therjj. We may tell those who are using all their endeavours to embroil the nation in new troubles, that it is not pro- bable that a nation against which God hath seenred these late years to have pronounced his judgements in the very language of the prophets : Go, ye swift messengers, to li nation scattered and peeled, to a people terrible from the be«jimiing hitherto, to a nation rooted out and m EDWAttD HYDE. fA.bl \660- ^tmHdcn dd^, wfefelands the rivorS have spoiled ; the Lord hath' tningled a perverse spirit in the midst thereof, •th^t lie should i^educe that perVerseness' to the «*rcat.est "tiieekness'and resignation. That he should withdraw his •judgment from this nation, and in a moment restore it ■to all the happiness it can wish, and to no other end -but to expose" it to the rriercy and fury of a few discon- ■ tented persons/ the worst of the nation, is not easy to be < believed. ' - < ' We may tell those' who still contrive the ruin of the 'ichurch, (the best, and best reformed church in the •' chtistiaii world, reformed by that authority, aiid with those circufidstances as a reformation ought to be made,) . that God would not so miraculously have snatched this church as a brand out of the fire, would not have raised it from the grave after he had suffered it to be buried so ■ many years, by the boisterous hands of profane and sacri- legious persons under its own rubbish, to expose it again to the same rapine, reproach, and impiety- That church which delights itself in being called catliolic, was never so near expiration, never had such a resurrection. That so small a pittance of meal and oil should be sufficient to • preserve and nourish the poor widow and her family so long, is very little more miraculous than that such a ! number of pious, learned, and very aged bishops should so many years be preserved in such wonderful straits and oppressions until they should plentifully "provide for their own succession. That after such a deep deluge of sacrilege, profancness, and impiety had covered, and, to / common understandhig, swallowed it up, that the churrh should again appear above the waters, God be again served in that church, and served as he ought to be, and - there should be some revenue left to support and encou- rage those who serve him ; nay, that many of those who seemed to thirst after that revenue till they had possessed it should conscientiously restore ^hat they had taktn away, and become good sons and willing tenants to tiuit: - cliurch they had so lately spoiled, may make us all ^;».i66aj EDWABD HYDEi fyl'Jf'l ttiiiifr piously beKeve that God Almighty would not have been at the expense and charge of suGti a deliverance but in the behalf df a church very acceptableto him, and which shall continue to the end lof the world, and agaii|at nvhicl^ the ^tes of Hell shall not be able ta prevail. .'^> oiivc We may tell those desperate wretdiemwho' dtill har-» hour in their thoughts wicked designs against the sacred pei-son of ttie king, ins order to the coihpassing of their own imaginations, that God Almighty would ^not havd led him through so many wildernesses of afflustions of all kinds ; conducted him tfcough so many perils at seoj and perils by land ; snatched!- jiim ; out of -the midst of this kingdom when it was ; not wcwthy of him, and when the hands of his enemies were even; upon him, whto they thought thfemselvcs so sure of him, ithat they would bid 60 cheap and so vile a price^r him, h6 could notin that article have so covered him with: a cloud, that hetra-» Veiled, Gven with somepleasure and observation, through the midst ot hie enemies. ■ He would hot so wonderfully have new tnodelled>that i^nhy, ' so inspii-ed tlwir hcartsi and the hearts of the whole nation, with an honest and impatient longing tor the return of their dear sovereign ; and in the mean tiine have, so tried him, (which had lit- tle less proviuertcie in it thjin the other)* •\^ith these un- naturalj or at least unusual disres^pects and reproaches abroad, that he might have a harmless and an innocent appetite to liis own country, and return to his own peo- ple with a full valiic, and the wnole uhwafeted bulk of hii affections, without being corrupted and biassed by ex- traordinary foreign obligations. God Almighty would pot have done -^.W this but for a servant whom he will always preserve as the apple ot^ his own eye, and always defend from the most secret imaginations of his ehciiileSi If these argumentations, geritleniei^^ urged with that vivacity as is most natural to your own gratitude and affections, recover as^ many (and it would be strange if they should not) as have oeen corrupted by the other logic, tiie hearty of the whole nation, woh to a anon, ^vill 191 DUKE OF BUCKINGHAM. [a.U. I668. bfedsibly b^ so devoted to t£6 king, as the btily c6nser* Tfttor and protector of all that is dear and preciouis tQ theiinr/ land wHl be so zealous to please hitti, whosSe l^atest pleasiire is to see them pleased, . that when they make choice of person^ again to servt iA parliament^ they ivill not choose such as they wishihould oppose the fcine, but therefore choose, because they have, aiid be< cBWan they are like to serve the king with tiieir M'hole hearts ; ^d since he dcsircis what is best for his people^ to gratify hiih in all his desires. This blessed haiinony ' ivould i-aise us to the highest pinnacle of honour and happiness in this world; a pihnacle without a piointj upon which king and people may securely rest and riepos^ tjiemsclves against all the gusts, and storms, and temp- tations, which all the malice of this world can raise against us ; and i am siiire yqti will all contend to be at the top of the pinnacle. 1 I have no more to add but the words of custom ; that the king declares this present parliament to be dissolved ; and this parliament is dissolved accordingly. ^ .,,,.i 0,4 a ■ - ■ ■ ■ ' ^ V " >. --. - '^ . , , 1 , ...4 . . . . . Born J 527, died 1688. He is famous for having written the satiri- cal pt^y of the Rehearsal. His speech at a grave conference be- " twten the lords arid commons, to decide the limits of the judicial J authority of the foirmer, is v^ry like what one m^);«3t expect from i bim. He seems chiefly anxious to avoid the imputation of know- ing or ; curing more about the matter than became a gentleman, "^ and a wit j at the same time he talks very well about it. lit.'il .: fd. iy^Xil/ i:i';i I ■■^■■^i wll 4i -4-i ,lfei*« , V.>^vi 'MtJii r-'-Sdj : V *r!jiil«vl waiI- ;ji^©i A' A. D. 1668.] DUKE OF BUCKINGHAM.' \$9 Duke qf Buckingham's Speech on the Right of the ;' .. ■, Lords to try captain Causes. . lemen of the House of CcHomons, Gentle I I hit commanded by the house of p6crs to open to you the matter of this conference, which i^ a task I could wish their lordships had been pleased to lay upon any body else> bbth for their own sakies and min6 ; hav- ing observed in that little experience I have m^de in the world, there fcan be nothing of greater difficulty, than to unite men in their opinions, whose interests seem to disagree. i,>v'^- TOs, gentlemen, I fear, h At present our cas^ ; but yet I ho^, whien Ave have a little better considered of it, we shall find that a greater interest does oblige us, at this time, rather to join in the preservation of both our privileges, than to differ about the violatioii of either. -M^J^'^,* -WW- -^ I*, ■ We acknowledge it is our interest to defend the tight of the commons ; for should we suffer them to be op- pressed, it would not be long before it might come to be our own case ; and I humbly conceive it will also appear to be the interest of the commons to uphold the privilege of the lords, that so we may be in a condition to stand by and support tliem. All that their lordships desire of you upon this oc- casion, is, that you will proceed with them as usuaHy friends do, when they are in dispute one with anotlier ; that you will not be impatient of he ing arguments urged against your opinions, but examine the weiglit of what is said, and then impartially consider which of us two are die likdiest to be in the n rong:. It you are in the wrong, we and our predecessor* have been so for thiese many hundred years ; and not only our predecessors, but yours too. This being the first time that ever an appeal was made, in point of ju- dicature, fi:om the lords' house to the house of com- ,170 DUKE OF BUCKINCIIAMi. [l.D. l66*S. - t- mons : nay, those very commons which turned the .lords, (kit ot this hOitsC) though they took fioni them many other of tlwjir privileges, yet left the constant practice of this till thovery last day of tlieir sittujg ; und tliis will be made apj^fear by several precedents these uoblc lofds \vill lay before you, much better tlian I can iprctcnd to do. Since tlus business has been in agitation, tlteir lord- ships liave been a little more curious tha^i ordinary, to inform themselves of the true nature; of these matters now in question before us, which I shall endeavour to ,«;xplaiu to you as far as m^ small ability, and. my aver- sion to hard words, will give me leave. For, howsoever > the law, to make it a mystery and a trade, may be wrapt up in terms of art, yet it is fQumdcdia, reason, and is obvious to common sense. :• i,, , ; .- ,t- , The power of judicature does naturally descend, and not ascerid ; that is, no inferior court can have any power which is not derived to it from some power alx)ve it. jj.;. , > . ", • The king is, by the li^ws of this land, supreme judge m all cases ecclesiastical and civil ; and so there is no court, high or low, can act but in subordination to him ; and tliough they do not all issue out their writs in tlie king's name, yet they can issue out none but by virtue of sonic power they have received from him. Now every particular court has such particular power as the king has given it, and for that reason has its bounds : but the higliest court in which the king can possibly sit, that is, his supreme court of lords in par- liament, has in it alJ his judicial power, and conse- quently no bounds; I mean, no bounds of jurisdiction : for the highest court is to govern according to the laws, as well- as the lowest I suppose none will make a question^ but, that evei'y man, and every cause, is to be tried according to inagna charta; tliat is, by his peers, or according to the laws of the land ; and he that is tried by tlie ecclesiastical courts, A.t). lf)68.] DrKE Of BUCfclNCHAM. 171 the court of adihiralty; or tli6 high court of lords ift parliumeiit, is tried as Inach by tlic laws of the lartd us he that is tried by tile kittor'd b6nch or common plcai. AVhen these inferior courts happen to \vrangle among themselv'es, which they must often do by reason of then- being Iwimd up to particular caoseis, and their having all equally arid earnestly a desire to try all causes thenN selves, then the supreintj court is forced to hear their complaints, because there is no other way of dccidinj; them; and this, under favour, is an original cause of courts, though not of men. Now these original causes of courts must also of necessity induce men, for saving of charges, and dis- patch sake, to bring tiicir catises originally before the supreme court; but then the court is not obliged to re- ceive them, but proceeds by mlefe of prudence, in either retaining or dismissing them, as they think tk. This is the sum of all that your precedents can shew us, which is nothing but M-hat we practise every day ; that is, very often, because we would not be molested with hearing too many particular causes, we refer them back to other courts: and all the ai-gnment you can possibly draw from this, will not in any kind lessen our power, but only show an unwillingness we have to trou- ble ourselves often with matters of this nature. Nor will this appear strange, if you consider the con- stitution of our house ; it being made up partly of sucii whose employments will not give them leisure to attend the hearing of private causes, and entirely of those that can receive no profit by it. And the truth is, the dispute at present is not between the house of lords and house of commons, but between us and Westminister hall : for as Me desire to have few or no causes brought before us, because ^ve get nothing by them, so they desire to have all causes brought before them, for a reason a little of the contrary nature. For this very reason, it is their business to invent new ways of drawing causes to their courts, . v hicU, UltM I 1 ' 172 DUKE OF BUCKIXCHAM. [a. D, ICO'g. cRight not to Ih'. pleaded there j as, fo** example, this vcn cause of Skinner that is now beibic uh (and I do not s()eak tliis by rote, for I have tl»c opinion of a reverend judge in the cu.ho, who informed us of it the other day in the hoi se,) they have no way of bringing this eausc ' into VVestuiinister Hall, but by this form, the rea^oli and sense of which I leave you to judge oi The form is this ; that instead e parted with unkindly, or as a mistJtss, to be turned oft" when our turn is served by her. My lords, this casual mention of a witl suggests to my thoughts a pursuance of the comparison; I have observed, in the course of my life, that men who have wives some-r what coquet, that is, a little subject to gallantries, livf, easier lives with them, and freer from troublesome con- tentions, than those wlio have wives of ex act rigid virtue : and the reason is cle^r ; tor the more gamesome ladies, being conscious of their failings in that essential part, are careful to disguise and repair them by kind and tender compliances with tiieir husbands' humours in all other things ; wliereas wives severely punctual and exact in tlte chief matrimonial duty, expect, aud aven exact, far greater compliances from tlieir husbands, and think tliemselves as it were privileged - by the rigidness of their virtue, to be sumotinies tioubksome in domestic IMAGE EVALUATION TEST TARGET (MT-3) C V\% \s 1.0 I.I 2.5 1^128 ■5 "^ u Hi 1^ 1^ 12.0 III 1.25 ,|,.4 |,.6 < 6" ► V] m ^P. 'c>l /^ *• o / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 <^ ^ lA xP \ b \ \ \ *. ^\:^Q i\ > '"9,>- 174 LORDnURISTOL. [a. D. 1672, nffaii's ; especially, if there be any jealousy in the case. In like manner, iny roi:ds,j it is not ta be much wondered at, if this incoiiiparable house of commons, transcend- ing all that ever were in the grand essentials of duty, loyalty, and affection to itlieir king, should, at some times, be a little troublesome to him in lesser occur- rences ; especially wl\e^> Qig^ fears and jealousies are on the wing. JMy lords, I shall not pretend to determine whether there have been any just grounds given by any violent men, or by the unreasonable ambition of any Roman catholics, for such fears and jealousies; H suffices to exact the necessity of tf'riWely remedy, »ince tliey have, indeed, most violently sd^d and disi tempered the lainds »of the major part of hife 'majesty's protestantgubjectsi which certainly to n^n^ conversant in the world, can deny. Now, my lords^ In popular, iears and ajiprehensions, those usually prove most dan* gerous, that are r^-ised upon grounds not well understood * and may rightly be rescBiiblm totlie fatal effects of panic fears TO amiiesr where I have seldom seen great disorders aiise ftom intelligencies brought in by parties a^id scouts, or by advertisemente to i generals, but from alarms Upon groundless and capricious tears of danger, taken up, we know not either how prwhy. This, no man of moderate experience in military affairs, ; but hath found the dan- gerous effects of; ond time or other ; in giving a stop to which miscliief, the skill of great commanders is best seen. In like manner, : myt lords, this great . and judiv cious assemhlyiof the house of commons, rightly sensi^ ble of tlie dangerous effects which so general a disturbs ance of mens minds in the concernments of religion; (how groundless soever) might produce, have applied tiieir cai'e to obviate them by this bill; a bill, in my opinion, as full of moderation towards catholics, as of prudence and security towards the religion of the state. In this bill, my loi'ds, notwithstanding all tho alarms of the increase of popery and designs of papists, here is HP juention of barying them from a private and motlesi jt.D. 1675;] HENEAGE tlNCH. 175 exercise, of their religion ; no bamshing thein to such an- distance from court; no putting in execution of ))6Qa^ law&in force against them. Aft 'their prec&iitbns ar^' iteduced to tiais one intent, natural to all societies of liien, of hindering a lesser oppo^te party from growing* / too strong tbri'tlie greater and more .cotisidemWe oneif Andinthisjwsfe Way of prevention, is not the!inddratton' of the house qf commons to be admired, that they hav^ restrained it to ihe sole point of debarring ^leif'ifcdvier-. saries; front joflfiees and places, ifrotnl ftCcesefeiiv sof w«>dlthj? by : favour of the sovereign ? And ^ after ttH^ ;my im\s^it how few klo i these Sharp trials and tests of- i this > icect t&M gard. >: Oiriy a few such Roman catholics f^ would Mw hold dficcs- ' and places at the price of hypochifey? im$ dissimulation of their true sentiments in reUgkm. ^ My« lords, however i the sentiments of a catHoli^ of tlie> church of Rome, (I still say not of the courfdf Roine,)f may oblige me, . upon scruple c^ ccm^enee * in ^on^ particulars of: this bill, to give imy negative tt> it ^vk^li it comes to passing, yet, as a member of the protesliiM; parliament, my advice prudei^siftliy canned but go %\m'g^ with the main scope i of it^ tlie present circuilist . ■ 1 ♦ ,< v^*? ! ?■ ** i^*.7%v Lord Keeper Flnclis Address to both HomesAii^ Mr lords, and you, the kniglits, citizens, and burgesses^ of the house of commons : The causes of tliis pre-* ■■•i. m trjjniacj: Kijfcw: [a. p. IfiTiA i^enl as^eviblyt an() tho r And having made all thpse advances, no doubts. not but you will bshave yourselves like those that ^miy^ id be called the king s tiriencb; and that you will put hiH at ease too. There is no causa why any tears ^* religion iir. liberty shoidd divert ypu ; ibr his majesty bath SQ olkcn recQmmendcd to 3K0U' Ihe consideration of religioii^ sp very oiten desfii^dyqutotjisskthifnin his care and protection uf it, thai: the defender of the . 1675., to the king, and you iTnay, with ease eiFcct all tlicsc and much more, which your great wisdoms will suggest to you. A little time will serve to make many , ex(;ellent laws, and to give yon tlie honour to be the repairers of all our bij'eachesj so as that time be. wholly epiplqyed upon the publiq, and not take^ "P.l^y such considerations , as are less mpritprioua. If th^Tcfpre there be, any with- out dooVs that labour to disunity your counsel;^ or. to render them ineffectual, if they can hope , th^,t the , oc- casions for this may arise from some diiferences within yourselves, or hope by those diftei'cnces to disguise Uieir own disaftections to your good proceedings, 'tis in your power to defeat those hopes, topiUloft'this disiguise, and tq secure a happy conclusion of tliis meeting by studying to preserve a good correspondence, and by a careful avoiding all siich questions as are apt to engender stiife. And if ever th^^e was a time when the gravity of the council, the wisdom and good temper of a parliament, were necessary to support that government wliich only can support these assemblies, certainly tliis is the hour. You see with what zeal the king hath recommended to you 'a good agreement between, yourselves, and that he dotli it \»'ith all the care and compassion, all the earnest- ness and importunity fit for so great a prince to express ; who would be very sorry that any sucli misfortune as your disagreeuicnt should either deprive hini of your ad- vice and assistance, or his people of tliose good laws which he is ready to grant you. There is no other way Our enemies can think of by which 'tis possible for this session to miscarry, for fears and jealousies cannot enter here ; calumnies and slanders w ill find no place amongst \^ise and good men. They that use, these artp abroad, will quickly be discredited when the world yjiall see the generous effects of your confidence. Men will despair of attempting any disturbance in the state, when they sec every step that tends that way, serves only to, give you ffcsh occasions to testify your loyalty and your zeal. You have all tlie reason in the world to make men see .1 .fOV A. t). I6f6t] lIENtAtJE f ixcit. 179 this, fot-ybu liavctlie samV moiifirchy to assert, the saiii^' church to defend!, the same interests of nobility and jrentry to maintain, the sartibe^^bellehtkingto cohtend- for, fiufid the sdtne enemies to cohttend' against. j Arid now, my lords and ginillemcn, sihee the whole' s^ssiotipf parliament is, in the jud^iiieht and constri:|cti6ti . of our law, but as one day, let us all Endeavour that tlie iiiorning of it, thb first entrance 'i^pOn it, may • b^ with' . snch fair and adspicidus circumstances as may' give the| whole kingdom an assitrahce of ^a bright ahd chi^arfiil ■■■ day. L(jt no iH' humours gather into clouds to ^arken^ or obscure, it; for this day is ^ criHcal diiy,' and iiiore dc- ' pends updfi that judgment of ' our affijirs \vhil:h will be * made by it, than can easily be iitiaigiiied. It impbrtA^^ us^ thei*efo^o, to take carfe that no part of this tiihe be^ lost; let every precious tninute of this day be spdnt in - receiving siich acts of g^ce and ^dodness as* ar^ ready, to flow from the king, and in mSdii^ such' retributions ^ for them as may become the graiteful hearts of the best of subjects to tlie best of kings. So shall thi^ day be- ^^^ come a day of disappointment and discomfort to our ; enerfiies, but to" us and all good men a glorious day, a * day of triumph and dehverance, a memorable and joyful ^ day to thi^ present; and to all future generations. Aiiother^ by the same: :n; I Afy Lords, Sec. Bv the most gracious pleasure of the king, you are here again assembled to hold another session of this parliament, wherein the king expects your advice and | your assistance ; your advice in matters of the high- I est deliberation, your assistance in matters of extreiiic 'L and pressing diffeculty. Your deliberations will chiefly ■• be exercised about those things which belong to your ,^ peace, the peace of the chuEcl?, and the peace of the >, state; two considerations of so close a connuxioh be* " m \\ > » IIENEAGE FINCH. [a,jD.j jG?^ t^veen themselves, that in the very original writ of sum- mons, by virtue of wliich you still sit here, they are jointly ..recommended to your council and c^re. The peace of' the church 19 harder to preserve than the peace of the state ; fpr they who desire innovations in tiie state, most commonly be^n the attempt upon the cliurch* And by this means it comes to pass that the peace of the church is so often disturbed ; not only by those poor mistaken souls, who deserve to be pitied, but by malicious and designing men, who deserve to be punished. And while things continue in this estate, it cannot be ^voided, but that the laws which are necessary to restrain the malicious, must and will sometimes dis- quiet and wound those that are weak. What remedies are fit for this. disease; whether the fault be in the laws, X)\ the men ; in ttie men that should obey or ui the men th^t should execute ; whether the cure be a work of timeand patience, or of zeal and idiligcnce; or whether any new expedient can be found to secure the ship from that storm which the swelling of two contraiy tides seems to threaten, is wholly left to your advice. The king hatli called you for that end, and doubts not but your councils wjill be such as shall tend to safety and to establishment. Tlie peace of the state requires as much of yoiir care and vigilance too ; our peaee at home and Our peace ttbroad. As for that abroad, we are at tliis time, blessed be God for his mercy to us, and the king for his care of us, in perfect peace with all the nations upon earth ; such a peace as makes us the envy of the christian world, and hath enabled us to do ourselves right against the inifidels. Such a peace as brings with it all the fruits of peace, and deserves not only our prayers for the conti- nuance of it, but our best and most watchful caie that nothing may be done on our part to give it an interrup- tion. But then we must consider again, that our peace abroad will not subsist any longer than while we main- tain our peace at homej tor without tliis, no kingdom can be able to act in its full strengrh ; and without that, '• ■ fft. ■ - . , ' . "^ Ji'-k). 1676.] rtyrJlEX'GE''^i^(frf, If m the friend8hi"p ahd eh'mity of ' any ' liatibTi' ceases, to be considerable to its neighbours. J^ow 'tU a great and dangerous mistake in those who think the peace at home is well fertoilgh preserved so 1bhg as the sw^bi-d is hot drawii ; whereas, in truth, notfiirig deserves the' name of peace hut unity ; such an libity as flows from an un- shaken trust and confidercv between *thfe khig and hi^ people, from a due reverence and obedience to the iiaws and to his government J from a religious and iiwful care; not to remove the ancient land-marks; nor to disturbf those Constitutions which time and the public con veni ; ence have settled ; from a zeal to preserve the wh'bW frame and order of the government upon the old foun- dations, and from a perfect detestation a;nd abhorrence^ ' ' of all such ^s are given to change: whatever falls short? ' of this, falls short of peace too. If thereforfe there be' any endeavours to renew, nay, if there be not all possible' endeavours to extinguish the memory of all former pro-' vocations and offences, and the occasions of the like for the future, if there te such divisions as beget great' thoughts of heart, shall we call this peJace, becfiiuse it is' not war, or because men do not yet take th^ field PAs^ well we may call it health when theire is a dangCrous fer-' mentation in the blood and spirits, because the patient! hath not yet taken his bed. i - [Then layinsr open the difficulties with relation to the'j * weakness of the fleet and the king's particular debts, he' "^ proceeded thus :] ' '■''^''^''*r^- ' '^\ One difficulty more there is, without which all the' rest were none ; and that is, the stiange diffidence and' distrust which, like a general infection, begins to spread • jtsclf through all the. corners of the land. Much of this ' rises from the artiflc e of ill men, who would create and' nourish all the suspicions tliey can devise ; but the cure of it lies perfectly in your hands ; for all will presently * vanish i\s soon as men shall see your acquiescence, and ' the fruits of it, in achearful concurrence with his majesty ' to all these good and public ends vvhicli he hath now so-'^ \$^ ih:neage riNCii. [a.d. 167^. A. i>. earnestly recpminen|dl(jd to you. It would, be soiTt^wliat ' strange, and vyithout all example in story, tlmt a patlbn phouki be twice ruined, twice undone, by the svlf-saine ways .and meiansi the same fears and jealousies. Will anj man that but gives nimself leave to think, refuse to enjoy aricl take comfort in tjie blessings tijat are pre- sent, only for fear of future changes and alterations? Surply it ^s cnpu^h for any kingdom, and more than most kingdoms ot the worl^ can boast of, to have their afiPairs broUfi^lit into such condition, that tliey ipay, in all human probability, and unless by tlieir own default, continue a Iphg time safe and happy. Futiu'e contin- gencies are not capable of any certain prospect. A se- curity beyond tliat of human probability, no nation ever did or ever shall attain to. If a kingdom be guarded ty nature against all dangers from withont, and then will rely top much upon what nature hath done for them : if, a kingdom be warned arid cautioned against all dan- gers from , M ithin, by ibrrner experiences, and tljen will either fprget, or make no us^e of tliose exjierienccis : if a kingdom be powerful in shipping and navigation, and tlien see thpir neighbours endeavouring to overpower them that way, witnout being solicitous to augment and reinforce then* own naval strength : if a kingdom be happy in the frequent assemblies of their great councils, M here all that is grievous may be redressed, and all tluu is wanting may be cnactcflj and then will render tliose councils useless and impracticable, by cpntii>uing ejidless distractions ; who can wonder if their atfairs should begin to be less prosperous, when otherwise, humanely speaking, antl in all common probability, their condition would have been out of the reach of fortune, and tlieir security in a manner impregnable. My lords and gentlemen, if the presaging malice of our enemies should portend any such futc as this to befal us, the w isdom and magntmhiiity of this great council w ill quickly be too hard for all their auguries j the honour and loyalty of this august and venerable a^- lOX A. 1). 16^6.] ih'sr.Aci: ripfciti * ^ to their malice this to i great ( acinbly will IcdVchokirid of r6b& fSf 1;iV&''(fi\¥D You tliat have the hUpjllness to live under so ejidellljnt a monarchy, so adrhirable a cijhstitutlbn aiiH teiri|)er ()f government; you that reMiehiber whdt tl^e want lOf this govfctrtm^rtt co.At us, and the inisei^able desolations whi^'h attended it, have all the motives, and are lirider all j)os- iiible obligations, to secure and advance the interest of it. The king, on his part, meets you with so open and so foil ahekrt, and ^0 absolutely resolved to do his ut- most to glad the heiirts of his people, that it must be the strangest infelicity in tiie world, if either he or his sub- jects should meet with any disappointments here; for the king 'hath no desh'cs but what are public, no ends or aims which terminate in himself ; all his endeavours are so entirely bent upon the welfare of his whole do- minions, thm he doth not think any man a good subject, who doth not heartily love his country : and therefore let no man pass for a good patriot, who doth not hear- tily love and serve his prince. Private men, indeed, are subject td be -misled by private interests, and may en- tertain some vain and slender hopes of surviving th^ public ; but a prince is sure to fall with it, and therefore can never have any interests divided fi'oiri it. To live and die with the king is the higliest profession a Subject can make, and sometiuies 'tis a profession only, and na more ; but in a khig 'tis an absolutL necessity ; 'tis a , fate inevitable, that he must live and die with his people. Away then with all the vain imagination^ of those who infuse a misbelief of the government. Away with all those' ill meant distinctions lietween the court and the couritry, between the liatui-al and the politic capacity, antl let US all who go about to per- suade others that there are several interests, have a' care of tliat precipice to which such principles may lead' them ; for the first men that ever be";an to distinjiuish of their duty, never left olf till they had quite distin- guished themselves out of their allegiance. Let no con-^^ tentioti then come near this place, but that of a noble 184 DUKE OF BUCKINGHAM. [a. d. 16*7 emulation who shall serve his country best, by ncll ser- ving of the king : let no passion enter here, but tlmt of a piops ze^l to lay hold ujpon all opportunities of pro- motiiig tlie honour and service of die crown^ till our ene- mies de'spt^ir of ever profiting by any disorders amongst lis i and let all who pray for the long litb and prosperity of the king add their endeavours to their prayers, and study to prolong his sacred life, by giving him all the joys of heart which can arise from the tlemonstrationij of the lively and the w arm affections of his people. DUKE OF BUCKINGHAM. ,' Hui Speech on the Dissolution of Parliament, .My'Loras, I HAVE often troubled your lordships with my discourse in tills house ; but I confess I never did it with more trouble to myself than I do at this time, for I scarce know where I should begin, or what I have to say to your lordships : on the one side, I am afraid of being tliought an unquiet and pragmatical man i for in tliis age, every man that cannot bear every tiling, is called unquiet ; and he that does ask questions, for which we ought to be concerned, is looked Upon as pragmatic il. On the other si'de, I am still more afraid of being thought a dishonest man ; and of all men, I am most afraid of being thought so by myself, for every one is the best judge • of the integrity of his own intentions ; and though it does not always follow that he is pragma- tical whom others take to be so, yet this never fails to be true,'— that he is most certainly a knave who takes himself to be 50, Nobody is answerable for more un- derstanding than God Almighty has given him; and therefore, though I should be in the wrong if I tell A. D. 167Q-] DUKE OF BUCKINGHAM. }$5 your lordshipg truly ami plainly v\lmt I am reuUy convior ccd of, 1 shall behave myself" like au honest loun; for it is my duty, so loug us I have tiie hgnour to sit in thi» house, to hide nothing from your lordsWpe, wiiich I think may eoncQrn his majesty's service, your lordshipji* interest, or, the good and . ^U^l of the people of £11^ land. • The question, in my opinion, vihich now Jies before your lordships, is not what we are to do, but whqtiicr at this time we ean~do any thing as a parliament; it being very clear to me that the parliament is dis- solved: and if, in this opinion, 1 have the mistbr- time to be niistaken, I have another misfortune joined to it, for I desire to maintain the argunjcnt witli fdl the judges and lawyers in England, ann leave it afterwai'dj to your lordships to decide whether I am in the right or no. This, my lords, I speak not out of arrogance, bujt in my own justification, because if I were not thoroughly convinced that what I liave now to urge is grounded upon the fundaincntril laws of England, and that the not pressing it at this time might prove to be of a ino(St danf gerous consequence .both to his majesty a^id the whole nation, I siiould have been loth to start a notion w hich, perhaps, may not be very agreeable to some people ; and yet, my lords, when 1 consider whei^ I am, wiiom I now speak to, and what was spoken in this plage about the time of the prorogation, I can hardly believe what I have to say will be distasteful to your lordshi^TS. ,,, I remember very well how yom' lordshi[)s were then displeased with the house of commons ; and I remember too as well what reasons they gave you to be so. It is not so long since but that I suppose your lordships may call to mind that, after several odd passages between us, your lordships were so incensed, that a niotion was made here for an address to his majesty about the dis- solution of this parliament ; and though it failed of be- ing carried in tlie affirmative by two or tliree voices, yet \\ii» m Uie -debate yyn& xf^imxMik, that itpjQyMilqd )^ ith r . .. ■ 4 Tt ' ^ i '^im ,.n DUKE OF ilUCKr'NGHAM. [a. D. I676. much 'the major part of your lordsh»[»s that were here 'pre^ient, and was only overpowcfed by the proxies of those lords Avho never heard the drgumertts. What change there has been since, either in their' behaviour or in the state of our affairs, that sHoiild *i)(iake your lordships Ghaii2e your opinion^, I have nrtt yet heard i and therefore, if I can make it appear, (as I presume 1 shall) that by law the parliament is dissolved, I pre- sume your lordships ought not ia be offended at mc for it. I have of^en ^vondercd hoM' it should come tb pass, that tliis house of commons, in which th'^re aresohiany honest and so many worthy gentlemen, should yet be less respect- ful to your lordships, as certahily they have been, than niiy house of commons that were ever chosen in England : and yet, if the 'matter be a little inquired into, the reason of it Mill plainly appear : tor, my lords, the very nature of. tl»c house ot connttons is dianged ; tliey do not tliink now that tl»ey arc an assembly tliat are to return to their c>\\ n homes, and become private men again, (as by the laws of the land, and the ancient constitution of pir- Hamcnt^, they ought to be,) but tliey look upon the n- sclves as a standing senate, and as a number of men picked out to be legislators tor the rest of their lives ; and if that be the case, my lords, they have reason to believe themselves our equals : but, my lords, it is u dangerous thing to try new cx(X)riments in a govern- ment. Men do not foresee the ill consequences that must happen, when they go about to alter those essen- tial parts of it upon which tlie whole fraiiie depends, as now, in our case, the customs and constitutions of par- liauient ; for all governments are artificial things, and every part of them has a dependance one upon another, and with tliem, as m ith clocks and watches, if you should put great wheels in the place of little ones, an<| little ones in the place of great ones, all the movements would stand still ; so that we cannot alter any one part of a government, w ithout prejudicing thcmations of tlio vhole. A,D. l.GZjSi] pUKE QF J?i;CKl>'GHAM. fW If tMs, ipy Iprds, >vei'e >\'ell cou^idercd, people Hould be more cautious how they went out of the pld |ionest English \vivy, and ipethod of pj-oceeding. But it is not my business to find fault; and therefore, if your lord.- ships w ill aive me leave, I shall go on to shew jou M,hy, in my opinjpn, we are at. this time no. parliament. Tlie ground of this ppinion of mine, is taken fvom tlje an- cient and unquestionable statutes of tliis reahp ; and gjvq me leave tp tell your lordships, by the way, that sja- . tutes are not like women, for they are not one jot the worse ,for being old. The first statute that I shall take notice of is that in the 4th year of Edwai'd III. chap. 14, thus set down in the printed book : IWm. It is accord- ed, that a parliament shall be holden every year once^ and more often if it need be. Now, though these word^. are as plain as a pike-staff, and no n?an livino; that is nojt* a scholar, could [lossibly mistake the meaning of theno, yet the grainniarians of tl)ose days did make a shift to explain, thattjip words " if need "^e," did relate as >voll tPi the words every year once, as to the words more often ^f aiid so by tliis grammatical whimsey of theirs, luive made this statute to signify just nothing at all. For tins rcaijcn, my lords, in ti:.e :i6'th year of the same king'^ reign, a new act of parliament was made, in whicir those unfortunate words " if need be," are left out ; and tJ)a4; acf of parliament relating to ma^na diarta, and other sta^r tutes made for the public good. Iteniy For maintcn^i^ce pf tliese articles and statutes, and the redress of divers mischiefs and grievances which daily happen, a i^arlia- ment shall be holden every year, as at other time was ordained by another statute. Here noAv, my lords, there is not left the least colour or shadow for mistake ; for it is plainly declared, that the kings of England ninst call a parliament once w itliin a year ; and the reasons \a hy they arc bound to do so, are as plainly set do^^ n ; namely, for the maintenance of inagtui charta, and other statutes of the same importance; and for prevejiitin^ the mischiclisr and grievances which daily happe«. ,,,. l-jHihtir w! 18^ DUKE OF iJUCKiyGtiiM. '[aID. 1675. "***^^e question then remains, whether these statutes havle been since repealed by any otlier statutes or no? The only statutes I ever hfeard mentioned for that, are the %^'6 triennial-bills ; the one made in the last king'k, and the other in tliis king's reign. The trieonial bill in the last king's rei<^, was made for the tonfirmation of the ^two above mentioned statutes of Edwaifd III. j for parlia- fments having been omitted to- be called every year, ac- "cording to thOise statutes, a statute v\as made in the last /king's reign to this purpose, tliat if the king should fail of -. calliiig a parliament, according to the statutes of Ed- fivard ill, t^en the third year tlie people should meet *;of themsefvesi without any writs at all, and choose their ■parliament nien. This way of the people's" choosing their 5 Jjariiament of themselves hcing thought disrespectful to Hhe kinS, a'k&tute 'was made in this last parliament, ^ which repealed the triennial bill, and after the repeal- ling clause, (vdiich took notice only of the triennial bill finade in the last kings reign,) there was in this statute a ^ paragraph to this purpose : that because by the ancient ^istatutes of the realm, made in tlie reign of Edward III. parliaments are to be held very often, it should be enact' ed, that within three years after the determination of that 'present parliament, parliaments should not be discon- tinued above three years at most ; and to be holden of- tener if need required. There have been several half kind of arguments drawn out of these triennial bills, against the statutes of Edvvard III. which I confess I • could ne^vcr remember; nor indeed those that urged them to me ever durst own, for they always laid their faults upon somebody else; like ugly foolish children, whom, - because of their deformity and want bf wit the parents are ashamed of, and so turn them out on the ])arish. " " But, my lords, let the arguments be what they will, I have this short answer to all that can be wrested out of these triennial bills ; that the first triennial bill was re- pealed before the matter now disputed of was in ques- tion; and the last triennial -bill ^\ ill not be in force till the AjD, 1676,} pUKE OF l^UCKINQHAM. 189 question be decided; tliat is, till the parliament is dis- solved. The whole matter, my lords, is reduced to this short dilemma : either the kings of England are bound by the acts ^bove mentioned, of Edward III.; or else the whole government of England, by parliaments, and by the laws above, is absolutely at an end. For if the kings of England have power, by an order of theirs, to invalidate an act made for, the maintenance of magn-a charta, they have also power by an order of theirs to ) invalidate wiff^y^fi cAtfr(fl itself ;. and if they have power by an order of theirs to invalidate the statute itself, de .-. iallagiononconcedendo; iiien, they moy not only without the help of a parliament raise money wlten they please, but also take away any nian's estate when they please, *" and deprive every one of his liberty, or life, as they please. This, my lords, I think is a power, that no judge of lawyer will pretend the kings of England to have ; and yet this power must be allowed them, or else we 'that. ; are met here tliis day cannot act as a parliament ; for: we are now met by virtue of the last prorogation; and • that prorogation is an order of tlie kings, point blank contrary to the two acts of Edward III.; for the acts say, that a parlianient shall be holden once within a year ; , and tlie prorogation saith, a parliament sliall not beheld " within a year, but some months after; and this (I con- ceive) is a plain contradiction, and consequently, that the prorogation is void. No\.', if we cannot act as a*' parHament by virtue of the la?.t prorogation, I beseech i your lordships, by virtue of what else can we act ? Shall » Me act by virtue of the king's proclaipation ? , Pray, my f lords, how so ? Is a proclamation of more force than r a prorogation ? or if a thing that hath been ordered the f first time be not valid, doth the ordering it the second; tiine make it good in law? I have heard, indeed, that' two negatives make an affirmative ; but I never heard" before, that two nothings* ever made any thing. f Well, but how then rare we met? Is it by our own ad- : joiirmiiont ? I suppose noboHy hm IFic confidence to srty' thut — which wiiy tlicn is itP l>o w^ meet by accident? That, I think, ui«y Jiti grAnteii { biit Hh ^iccidcnta! nicdt- ing can nu nKVi*e umkc a' ptivlirttncnt, thrin ncciilCfttal dapping a crown upon a mail's lickd/can innivc a king. TlicjXMs u gi'ariianients Timst be also void and null. Oh ! but some sav, There is nothing in the two acts of lulward III. to take away the king's power of j)ix)ro- gation, and tliereforc prorogation is good. My lords, under tawur, this is a very gross mistake ; for, pniy ex- amine the words of the act. The act says, A parliament j*hall be holdcn once a year. Now to whom can these words be directed, but to them who arc to call a par- liament? And who are thev, but the kinijs of Enuiland? It is very true, this does not take away the kmj;'s power of proroguing parliaments, but it most certainly limits it to be within a year. Well then, but it is said again, if that promgation be null and void, then things arc just as thev M ere before ; and therefore the parliament is still in being. My lords, I confess there would be some A\eigin. in this, but for one thing; which is, that not one word of it is true. For if, Mhen the king had prorogued US, we had taker: no notice of the prorogation, there is an impossibility of our meetn>g and acting any other A. D, 1(>7().] DUKK 01- BUCKlNCiHAMtJ IPII way : one may as properly say, that a man llmt is killed' by lissault isi still alive, becewse he w«s killed unlaufullyy, ' us tlittt tlie parliament ia still olivet because the proroga-i' tipn wae unlawful. The nt;xt argument tiiat tliose urof " reduced to, who would maintain tliis to be yet a parlia-r' mentis, that the parliament is prorogued, xwe die; and,l tlunetbre, the king may call them again by proclamation* > In the tirst part of this proposition, I shall not onlyf ui](ree with them, but also do them tlie favour to prove*' that it is so in the eye of the law; which 1 never heard' they have yet done : for the statutes say, 1 hat a parlia- uicnt shall be holden once in a year, and the proroga-- tion havuig, put them oft' till a day without the year, and coiisequcntJy excepted against by tiie law, that day, in» the eye of the law, is no day at all; that is, sine die} and the promgation might as well have put tliemotf tiir no many months after dooms-day ; and then,! think, no body would have doubted but tliat had been u very suf-^J (icient dissolution. 1« licsides, my lords, I shall desire your lordships to take notice, that, in formeir times, the usual way of dis« solvhig parliaments was, to dismiss them, sine die) tori the king, when he dissolved them, used to say no more» ' but that he desired them to go home, till he sent for them again; which is a dismission, sine die. Now, if there were tbrty ways of dissolving parliaments, if I can prove this parliament has been dissolved by any one of them, I suppose there is no great need of the other thirty- nine. Another thing which they much insist upon is, that they have found out a precedent in ciueen Elizabetli's time; when a parliament was once prorogued three days beyond a year; in which I cannot choose but observe, that it is a very great confirmati(jn of the value and esteem all people ever had of the fore- mentioned acts, of Edward IlL; since, from that time to tills, there can but one precedent be found for the. proroguing of parliament above a year; and that was ' but for tliree days neither. Besides, my lords, this prct- ,Hz 192 bUKE OF BUCKIKGHAAT. [a. D. 1676. cedent is of a very odd kind of nature, for it was in time «f a very great plague, when every body of a sudden was forced to iiin awuy one from anotiier ; and so beinsr ill haste, had not ieiaiire to calculate well tlie time ot' the proix)gation, though the appointing it to be Within three days of the year is no argmnent to me that their design was to keep within the bounds of the acts of parliament. And it the mistake had been taken notice of in fjiicen Elizabeth's time, I make no question but she would have given a lawful remedy. Now I beseech your lordships wh^jit more can be drawn from tlie shewing this precedent, but only that because once upon a time a thing was done illegally, tlierefore your lordships should do so again now. Though my lords, under favour, ours is a very ditfcrent case from tlieirs, for this precedent they mention was never taken notice of; and all lawyers Avill tell you that a precedent that passes sub .tilcniia is of no validity at all, and will never be admitted in any judicial court where it is pleaded ; nay, judge Vaughan says in his reports, that in cases which depend upon fundamental principles, ,s, lor which demonstrations may be drawn, millions of ))recedents are to no purpose. Oh ! but say they, you must think prudentially of the hiconveniences whidi will follow upon it ; for if this be allowed, all those acts V which were made in that session of parliament will be then void. Whetlier that be so or not, I shall not noAv rxamine ; but this 1 Mill pretend to say, that no man ought to pass for a prudential person, who only takes notice of tlie inconveniences of one side. It is the part of a wise man to examine the inconvenience of both sides, to weigh which are the greatest, and to be sure to avoid them ; and my lords, to that kind of examination I willingly submit this case, for I presume it will be cHby for your lordships to judge which of these two will be of the most dangerous consequence to the nation ; either to allow that the statutes made in that particukr session in queen Eliijabeth'a time ^e void, (which may A.b! '1676.] T)VKk'6F"BtcKimiiAM. rasily be confirmee! by a lawful parliament,) or to lay it down for a nmxihi, tl^at the kings of England, by a parti- ticiilar order of tlreir.s, have povver to break all the laws of EngUnd when they please. ■ ' "^'' '^'1*«| And my lords, with all the duty we owe to his 'nfi^j^'t;^ it is no disrt'spect to him to say, that his majesty^is bduna up by the laws of England : for the great king (if heaven and earth, Ood Almighty himself, is bound to his own decrees ; atid vidiat is an act of parliament but a decree of the kinrf, made in the rnost solemn manner it is pos- sible for huh to make it •, that is,, with the ccinsent of the lords and commons.' It is plain then in my dpinionj, that we are no more a parliament ; and I huhibly conceivb vour lordshios oughtto o;ive God thanks for it, sihce it has tints pleased him by his provfdbn'ce to take you' But or a condition %vherein you must have been eiitirely nscies^ to his majesty, to yourselves, and the whole nation. But I do beseech your lordships, if nothing of this I have urged were true, what honourable excuise could be had for our acting again with the house of commons, except we could pretend such an exquisite jart of forgctfiilness as to avoid calling to mind all that passed betM^ecn us the last session ; and unless we could have also a faculty of teachincr tlie same ait to the ' whole nation. Ayhat opinion could tliey have of us, . if it should happen that tlie very same men, w ho were so earnest the laat session for having the house of commons dissolved v hen there was no question of their kvvful sitting, should be now willing to join with them again, when without questipii they are dissolved. *'^,i f':h lk.fS * ■' ixothing can be inoi^e dangerous to a King or a people, than tliat the laws should be made by an assembly, of ^\hich there can be a doubt whether they have a power to innke laws or no ; and it would be in us inexcusable if we should overlook this danger, since there is for it so. easy a remedy which the law requires, and which all the nation longs for. ' , ' • . . *, v Ihe calling a ilGW parliament it is, that only can put VOL. I. o 194> ,t/i COLONEL BIRCH, f'j^ [A. D. I68O. his lyu^esty into a possibility of receiving supplies^ that can secure your lordships die honour of sitting in tliis house like peers, and your being serviceable to your king and country ; and that can restore to all the people of JEnglaiid tlieii' undoubted rights of choosing men frequently to represent their grievances in parliament } witliout this, all we can do would be in vain ; the nation may languish a while, but must perish at last ; we should become a burthen to ourselves and a prey to our neighbours. !My motion therefore to your lordships shall be, that we humbly address ourselves to his majesty, and beg of him forhis own sake, as well as for the people's sake, to give us speedily a new parliament, that so we may unani- mously, before it is too late, use our utmost endeavour* for his majesty's service, and for the safety, the welfere, and the ^lory of the English nation. COLONEL BIRCH. tm iifj fifltfit. W^^ 'M. ':>i' His Speech an the Bill to exdude the Thihe of YorK ■,,■■■■ afterwards James H. fiom the Succession to tk^ ■ Mr. Speaker^ iit'«H !»^ - Sir, I admire to hear an honourable member make a doubt as to the legality of this bill. Certainly, sir, our legislative power is unbounded, and we may ofFer to the tords, and so to his majesty, what bills we think good. And it can as little be doubted, that the legislative power of the nation, king, lords, and commons, should want a law to make law*, or that any laws should be against what laws they make, otherways they cannot be legally qp,pose4- And. as I think it cannot be against law^ so '^ A. ft. 1680.] COLONEL BItlCli;> m neither against consciencd, unless it c&nnbt be made oulf that we ought in conscience to bring' in popery. I should be very glad to hear any arguments to iitake good what hath been offered about expedients, but I 3.m afraid when they coine to be examined to the bottom, thcJy will- be fo^nd vfery insufficient, and that we may as welt think of catching a Hon with a mouse trap, as to seeurd ourselves against popery by any laws, without the ex* elusion bill. Have we not to do witli a sort of people- that canniot be bound by arty law or contract whatsoever? Much less can their words or promises be depended on. Ai*ethey rtot under all the obligations that can be offered- from the temptations of this life, a* of thrft to ^ome, not to keep faith with heretics, but to break it whert it may tend to the promoting of tihe' catholic cause ? And if laws carinot bmfd other persons, much less will iti princes that are of the cathdic religion ! Did they evei' keep any league or contract that was made with prote^' tants longer than was necessary in order to" cut theii^' throats ? What use did the pa'pidts make in Ireland of the favours granted them by king Charles I ? Did they; not make use of it to the desfructicn; of the protestants' by rising up in rebellion, and massacring 100, DOO? Si^j' I see things go hard against popery; I know not what td' say to it, but 1 am afraid tliat if \ve Should be so inta-' tuated as to let it creep on mote and' more upon us, and* at last let it ascend the throne a^^iii, that we shaH soon have the same miserable fortuttte our fbrc-fathfei*s had^' in queen Mary's days, and be burnt in Smitlifield for our indiscretion. Sir, we are upon a business of as gi'cat importance as- ever was debated within these walls i for we must either suppress popery, or be suppressed by it. For although that interest do not look so big as that of the protestants, yet I plainly see that it hath wrought like a mole under ground for a long time, and that it hath eaten into our bowels, and will soon come to the vital parts of the pro-* testant religion, and destroy it too, if great gaie be not Q'Z 196 4 COLONEL BIECH; [a.d. 1680. taken, and that speedily. I hear some say that our cares are needless at this time, because ttie king may outlive tlie duke ; which is as much as to say, there is no need of laws against popery until we see wiiether we shall have occasion to make use of them or no. But they do not tell us how we should be sure then to obtain them. I must confess, such arguments are so far from w eighing witli me, as that they increase my fears, because it dis- covers a strange, easy, careless, indifferent humour among us protestants. Must our lives, liberties, and religion depend upon may -he's? I hope it is not come to that yet. I am sure it will not consist with the prudence of this assembly to leave it so, but rather to en- deavour to settle this matter upon such a foundation as may (with as much probability as human things are ca- pable of) secure us. I am of opinion that such an engine may be contrived as should give such a whirl to the popish interest, as that it should never rise up against us again. I k^pvv of no difficulty but the same which happened to Archimedes— where to fix it. And I am not altogether at a loss for that neither ; for so long as we have a good king, I will not despair. And, sir, I cannot fear any of tliose things that are objected against this bill, that it is against law, and therefore will occasion a civil war. For my part I never will fear a civil wax in favour of idolatry, especially when we have gotten a law on our side to defend our religion. Therefore I move you tliat the bill may be brought in. ii "-kiu'v^ (m a»u •-' 'u. fi'ij "Ji A- ■ 7* 'ki\ '. f :^' ^ /v •'ill rtiVli./ h'^'lu .-ji^ '' ' \\ *'vr til vn m hhi:^ .!-l ( .i:> w,'> «K'*. ii/:*^"**' \'>r.i fO/Vitji-iaikJl A. D.'! 680. J *^' MR. BOICAWEW. * • ', ,. f^f MR. BOSCAWEN. * I . «»i Mr. BostnwtfCs Speech on the same Question. ' Mr. Speaker, ^ '« Have not the papists always proceeded against the piotestants witli a barbarity surmounting the worst of heathens ? and must we be so mighty careful how we proceed to hinder them from ruling over us, as that we must stumble at every straw, and be afraid of every bush? a man that is in an house Uiat is on fire, will leap out of a window, rather than be burnt. .1 do admire ho\V any person that dotli know with what treachery and inhumanity the papists betiaved themselvss in the mas- sacres of rieilmont, Paris, and Ireland j tlieir cruelties in queen Mary's days, lately on sir Edmundbury God- frey, and what they had designed against the king, and all of Us, can offer any thing to delay, much more to hinder, what is so precisely necessary for the good of the king and kingdom; especially, seeing in this we shall do notning but what may be justified by many laws and' precedents ; and if there were none, of which I know there are a great many that are liable to no objection j yet I take it, that the law of nature and selt-preserva-' tion woiild afford us sufficient arguments. I think the sun is not more visible at noon-day, than that the pa- pists have a design to extirpate our religion, and that they have done great things in order thereto, even now while we live under the government of a protestant king, by some invisible power that hath strangely acted' its part in favour of that interest, in all our councils and resolutions in affairs , of greatest importance j and it is as plain that this is so, b^ause there is a popis'l)' ^uc6e^^or, and that their interest wilf never decline W t^ \ f<)8 MB. BOSCAIVEN, [a. 0.1^80* long as there is such a successor, and the hope of a popish king. And now, tiiat by ^he watchful providence . of God, tliese things have been made so . lain to us, is it not strange, that any man should ^o about to persuade us to be so neglectful and iJacoiJsiderRte, as to sit stiU and look on, while the papists arc putting their chains «,bout our urms, and ropes ftbout pur necks? which must be the consequence of permitting a popish king to ascend the tlirone, against which there can be no Uw to secpro us but this. In Edward the Sixth's, and queen Mary's and queen Elizabeth's days, was not Uie religion of the prince, the religion of the nation ? Did not most of the privy counsellors, and great ministers of state, and some bishops too, change \\ ith the times ? Is it not ^ customary for great men to insinuate and flatter their princes, by being of their "religion ? On what niust wc ground our hopes of security in such a case ? on no- ling, sir, but on a civil war ; which such a prince must certainly occasion : but I do not fear it from tliis bill, but rather think it the only way |:o prevent it ; nqt doubt- ifig but that tliere will be people enough that will ^e obedience to it, sufficient to execute the law on ^uch as may be refractory, if any, which can oply be pjipists, ^nd such as m^-y be popishly affected. Tne objection ^ to a civil war, and disobedience to this law, may as ' well be made against any other severe law that we may attempt to mp^ke against papists ; and must we, there- fore, let them all alone ? I hope we shall not be so incon- siderate J but as we have discovered that their weappns are near our throats, &o we shall not acquiesce in my , tiding less than what may secure us ; that so, if possible, we may not fall into tlie hands of such a bloody, merci- less people, which mufet infaljlbly be the con^eque»9^ m havmg a popish kmg. - I And, sir, as mg luue much to say for tbe having of tjiisbill, so we have as muchj for not halving our time lost by going into a committee at tliis time about it. When ' ^e bill IS brought in, there will be time ^ough i9 bes^ 1680* A. D. 1^80.] »IR LEOLINE JENKINS. 19.9 T)f Other expedients, if any member will then ot!!pr any, of which they will now have time to consi^^< r v that Mt they may be oflRered particularly, and not only in gene> ral : tor it doth not consist with the gravity of the hoiisfi^ that they should be put out of the metliod they are most inchncd to^ without good cause. I am aft uid there can be no expedient oflicred in this cnse, thut can be sufficient, unless such as may shake the throne as to all ftiture kiwgs%' and I hope we shall be cautious how Di-e enter into any such debate: lor if you should, you may be sure your enemies will take advantage tliereo4', and tUerefbre I am rather for the bill. • v • . SIR 1,EPL1N£ JENKIKS, .,i ;.) 'iiv.i ^^ eminent Civilian and Stateimaft,) \V*w borti in Glamorgatishires m l623, and die^ l685. He was on* of the representatives of tl»e University <^f Oxford, and princip*! vi Jesus Collegew , j^ {i mutfih^y 4 .■rf tuAa. ^^y,Leof my time in studying the laws of this land 5 and I pretend to know something of the laws of foreign countries, as well as of our own : and I have, upon this occasion, well considered of them, but cannot find how we can justify the passing of this bill, though much against it. First, I think it is conti'ary to natural justice, that we should proceed to condemnation, not only before con- viction, but before we have heard tlie party, or examin- ed any witnesses about him j I am sure, none in his defence j and to do this, by makin« a new law* on pur- ''>^ ^iiuo .,SIR LE014NE JI'iKKXNS. [a. n..l680. poscwlicii you luivo old laws in being, that have apr point<,H.l u punishuicnt to his crime, I humbly , conceive iti very severe, and contrai'y to the usual pvoceetlings oi' tliis house, mul tlie birtii-right of every Englishnjaii. Secondly, I think it is contiary to the principles of our religion, that we should dispossess a man ;0f: ins rightj because he ditiers in point of faith j for,; it is not tttrreed by all, that dominion is founded in grace. J'or my part, I think there is more of popci7 in this bill than tliere can possibly be in the nation without it; for none but paj)ists and fiftli monarchy men, did ever go about to disinherit men for their religion. . ;,; Thirdly, I am of opinion, that the kings of England have their right from (iod alone, and that no power on earth can deprive them of it ; and I hoj)e this house will not attempt to do any thing which is so precisely contrary, not only to the law of God, but tiie law of the land too. For if tliis bill should pass, it M'ould change the essence of the monarchy, and make the crown elec- tive : for by the same reas(jn tiiat this parliament may disinherit this prince for his religion, other parliaments may disinherit another, u})on some otlier pretence which they may suggest ; and so consequently, by such exclusions, elect whom they |)lease. Fourthly, it is against the oath of allegiance, taken in its own sense, witliout Jesuitical evasions: for by bind- ing all persons to the king, his heirs and successors, the duke, as presumptive heir, must be understood ; and I am of opinion it cannot be dispensed witlial. Sir, I will be very cautious how I dispute the power of parlia- ments. 1^ know the legislative power is very great, and it ought to be so : but yet 1 am of opinion that parlia- ments cannot disinherit the heir of the crown, and that if such an act should pass, it would be invalid in itself; and therefore I hope it will not seem strange, that I should offer my judgment against this bill, while it is in debate, in which I think I do that wliich is my duty, as a member of this house. ^, ,^ ^,^ ^;, ^, >,i^ ' f iit>-it^ %*%f * ^ *^ -y. A, D» IGSO.] i '#' Mfl. m4MPDKNl'^^*- Henry IV. of France, was a protcstant; 'hi« people most papists, who used some endeavours to prevent hia coming to the crown i but when they found they were uot like to perfect tlieir desijjjn, without occasioning a civil war, they desisted, concluding that a civil war would probably bring on them more misery than a king of a dif-^ fcrent religion; and therefore submitted. Sir, I hope we shall not permit our passion to guide us instead of reason, and tlierefore 1 humbly move you to throw out tiie bill. ^)# wm^^>^ ^w»>^{vh <^*^- ?J iSseitt'teri w The lie author of the following speech was, 7 ' " - " ' ' '' ' famous llainijdeu. . , lowing speech was, I believe, the son of the j iOi ;^t 1 Mr. Hampden s Speech in l^epfj/. j^^^^^^.^f^ }-.m irmii itmi umt My. Speaker, .,^^^^,j.^|^ Tf!',fT*»^J ;>vyi( ^fif im jtiim ot Sir, I do not understand how it can be ' Construed, be- cause we go about to disinherit the duke, that there- fore it must be for his religion. For my ))art, 1 do approve of tlie billj but it is because the opinions and principles of the papists tend to the alteration of the governiiient and religion of this nation; mid the intro- ducing instead thereof, superstition and idolatry, and a foreign arbitrary power. If it ^^cre not for that, I urn apt to think, the duke's being a jiapist a\ ould not be thought a sufiicient cause for tiiis house to spend tiuie about this bill. And 1 cannot see the darger of reducing the government to be elective by it; for why should Ave presume that any thing but the like cause shoidd have the like ert'ect? Though the succession of tiic crown hath been formerly often changed by acts of parliament rv^ S09 ■■* am. KAMFt>E». [a.i>. 1680. hitherto it hp.th not made the crown elective. Atid why must we fear it now ? Neither do I apprehend thut the passing of tliis bill is contrary to natural justice, because we have not heard what the duke hath to say for himr> self. 1'he precedents that might be offered to make out, that tlic parliaments have, when they thought good, con* demnesri persona by hill, are numerous, and without any hearing too. But if there were none, to doubt the power of the legislative authority of the nation in that or any other case, is to suppose such a weakness in our government, so inconsistent with the prudence of our ancestors, and common reason, as cannot well be imagined. And I do not tiiink we are going to do any such strange thing neither, but what would be done in other countries upon the like occasion; but do. believe, that if the dauphin of France, or tlie infant of Spain were protestants, and had, for near twenty- years toge* ther, endeavoured tlie setting up of another interest and religion, contrary to the interest of those kings and the catliolic religion; especially if such endeavours had been accompanied with such success as here, and those na- tions had been so often by such means reduced so near to ruin as we have been by divisions, tolerations, burn^ ings, plots, and sham-plots at home, and by wars and foreign alliances, over-ruled in their favour, abroad j but tliat they Avould have been more impatient than wo have been for tliis remedy. And, for my own part, I cannot but admire more at the long delay there hath been, in seeking out a remedy agamst tliis great evil, than at our offering at this bill. For, notwithstanding what hath been said, I cannot think our danger so re* mote or uncertain as some would suppose it. Can the king be sate, so long as the papists know that there is nothing but his life stands in their wgy, of having a king |o tlieir mind ? which is the only thing they want, to go on witli their designs, and to accomplish their expecta-* tions. Will it then be an ea-^y thing to withstand such «& enraged, barbarous people i The more false arid un- •.' V.' A.D. 1680 J LORD WIEETA'*! RUSSELL. SOS reasonable their religion is, the more enielty will h6 necessary to establish it. Can it be imagined we sfaa^ not pay severely»fQr/having shed so much blood of their martyi's, as they call tiiem, and Ibr having enjoyed their holy church land so long ? Or that they will oot do att that they shall think necessaiy to secure an entire and quiet possession to themselves ? For my own part, I cannot imagine that tlie pude of those churchmen will be satisfied with any thing less than an utter ruin and extirpation of us and our posterities. And I think that nothing can save us but this exclusion bill; and therefore I humbly move you to appoint a speedy day for a se- cond reading. LORD WILLIAM RUSSELL, (Who is generally looked vpon as que of tfie great «w?'(yni ; , of' English liberty,) ,, • ^:^ _, a^, ■.-;'.>iV Was bom 1641, and beheaded l683, on tlie same charge of treason en which Algernon Sidney was also condemned to suiYcr death. ■■vrit ■ ■■'':■ m. 1 lord William Russelts Speech agalmt a Popish , Mr. Speaker, ' ' If ever there should happen in this nation any such change, as that I should not have liberty to live a pro- testaftt, I a.n resolved to die one; and therefore would not willingly have the hands of our enemies strengthen- ed, as I suppose they would be, if we should give money while we are sure it must go to the hands of the duke's creatures. Doth not the duke's interest endanger the June's Ute ^ And ^re not our lives and fortiuies iu dangei v ' V S04 EARL OF CAERNARVON; : [a.D.'1678. || A'-^"')-^^ -to be swallowed up by his powier? Arid shall we yet nia^e thein. stronger by [)utting money into their hands ? No, sir! tliey are too stront^f already; .but whenever his majesty shall be pleased to free us of the danger of a popish successor, and. remove from his council and places of trust, k\l\ those that are for his interest; (because there can be no distinction niade between t'>e duke's interest and popish) tiien, sir, I will conclude, that what money we shall give, will be disposed of accoi'ding to his ma- jesty's own royal pleasure, and for Uie true protestunt interest. And I shall .be ready to give all 1 have in the workl, if his majesty should have occasion for it ; but, in the mean time, I pray, sir, let us hot endeavour to destroy ourselves, by our own hands. If we may not be so happy as to better the condition of the nation, 1 pray, sir, jet |lis not make it worse. And, until the king shall be; pleased to give us encouragement to express our duty and loyalty to him, by giving him money, let us do it byniakingan address. v:a'\^' X «<■■ < ,• 'I EARL OF CAERNARVONv^Siv .u^' The account of this speech is singular enoiigli. " Among' the speakers on this occasion was thfi carl of Caernarvon, wlio is said never to have spoken before; but having been lieated with wine, and raUied by- the duke of Buckingham on his never speaking, he said he would speak that very afternoon ; and this having produced some wager between them, he went into the house with a resohition to speak on any subject that should offer itself. lie accordingly stood up, and delivered himself to the following effect:" - ....■;. <4?{;m';,< ',\l\Tl -ipJt'J ^imf "ts-^-^ i I The fiarl of Caernarvotis Speech on the Impeachment ,..r-4>Trf- oJ'Lord Danby. \ • Mv Lords ' -^ '' ^''' •' '■'''' ^'^^^^•^^^^q^^- ^ ^^,'?^ T UNDKKSTANJ) but little of Latin,.bura good desl cV*! $"^y^W .tind not a little of the. English history; from i-i I>''1678. I /.^-'jtjfiSO-] LORD SHA.P1^ESBU«tUs5' 205 1 we yet ir hands ? never his iger of a tid places use there s interest tit money > his ina- )rotestHnt Lve in the it; biit, iavour to may not nation, 1 , the king I express oney, let he speakers lid never to and rallied id he would lonie wager )n to spcuk y stood up, »^ il ■fj- eackment [ood degrl ry; from which I hftve learnt the mischiefs of such kind of pro- secutions as these, and the ill fate of the prosecutors. I could bring many instances, and those very ancient ; but, my lords, I shall go no farther back than the latter , end of queen Elizabeth's reign : at which time tiie earl of Essex was run down by sir Walter Rawlcigji. My lord Bacon, he ran down sir Walter Rawleigli ; and your lordships know what became of my lord Bacon. The duke of Buckingham, he ran down niy lord Bacon; and your lordships know what happened to the duke of Buck- iuirham. Sir Thcjmas WentuOrth, afterwards carl of Stt'atford, ran down the diike of Buckingham; and you all know what heciime of him. Sir IJcnry Vane, he ran down the earl of Strafford; and your lordships know what became of sir Henry Vane. Chancellor Hyde, he ran do^vn sir Henry Vane ; and your lordships know what became of the chancellor. Sir Thomas Osborn, now earl of Danby, ran down chancellor Hyde ; but what will become of the earl of Danby, your lordships best can tell. But let me see that man that dare run. the earl of Danby down, and we shall soon see what Avill ' become of him. ^ ,y^?i..is»3; ,i:)s©i 'i^i^-;; ,iaOJi«Mj v^jvi* [This being pronounced with a remarkable' humoiir' and tone, the duke of Buckingham, both »surprised and', disappointed, after his way, cried out, The man is iii- spired! andi clm'et has done the buBines^.] '1 '.i ni>- h^jfi hfu< ,*r*(t^'.i«u ns'^fi?/ ail ■>>sm'na i^'m&Pm ANTHONY ASHLEY COOPER, ■ ' ^^'^ I Was horn at Winborn, in Dorsetshire, in l621, and died l683. In . 1640, he was chosen member for Tewksbiiry. In 16"72, he was created earl of Shaftesbury, and appointed lord chancellor. This office he did not long retain, as he was a man of liery passions, tur- • buleijt, violent, and self-willKl ; and was constantly opposing the*^ schemes and measures of whatever party he was connected with, lifti" is the person described by Dryden under Lhe character of Achilophel. ^ There is an instance recordet^ of his great sagacity, which curries, ihs prophetic spirit of common sense as far as it can go. It is said that he had been to dine witli lady Clarendon and. her daughter,; 9,06 W>ni> SHAFTtSBURV. [A. ftjl^O, vha was at that tim« privately married to the diike of Ydrk j ah4 as he returned home with another nobleman who had accom- pilnied him, he suddenly turnt^d td him, dnd said, " Depend upon it, the duke has n^arried Hyde's daughter." His companion could not comprehend what he meant; but oh expluinihg himstlf, he said, " Her mother behaved to her with an attention atid a mai'ked **espect, that it is impossible to account for in any other way ; and J am sure of it." 1 his shortly afterwards proved to be the case. The celebrated author of The Characteristics wa» his graridsoA. Zord Shafteshurifs Speech on th^ State of the l^ations ^ My Lords, .^-..^., x;., ,,,, 'n....^^A ■^.vi.f.w.. , .,. j . r.,..,, In this great debate concerning the king's spcedi, the sad -^tate and, condition we are in, and the remedied tliereof, I have offered you my opinion ; and mamy lord* have spoken admirably well to it, with great freedom and plainness, as the case requires. Give me leaVo to offer 3fou some few words, in answer td two or three of my lords of the earl's bench, that have maiiitained the con- trary opinion. My lord, near me, hath told your lord^ ships, that tlie precedent of Henry IV. that I oftiered to you, (who was a wise and magnanimous prince, yet, upon the addresses of his parliament, put away great part of his family arid council at one time,) is no proper instance; because he was an usurper, and had an ill title, and was bound to please the people. My lords, I ir«eddle not \^ith his title ; I am surie dur king has a very undoubted one: but this, my lords, you must al- low; that that wise prhicc, having need of thiB people^ knew no better way to please them, artd to create a good understanding between them and him, than to put awiy from court and council, those that were unaoceptable to them. If our khig hath the same necessity to please the people, (though not the wajit of a title,) yet the pre- cedent holds good, That a wise prince, Avheii he hath need of his people, will rather part with his family aij^d A.I>. l680.] iORD SilAFTESBURT. counsellors, than displease them. My lords, this fiobte lord, near me, hath found fault with that precedent, which he supposes I offered your lordships concerning the chargeable ladies at court ; but 1 remember no such thing, 1 said, liut if I must speak of them, I shall say as the prophet did to king Saul : What means the bleat- ing of this kind of cattle ? And I hope the king will make me the same answer : That he preserves them for sacrifice, and means to deliver them up to please his people. 1 or there must be, in plain English, a change; we must neitlier have popish vvife, nor popish favourite, nor popish mistress, nor popish counsellor at court, nor any new convert. What I spoke, was about another lady, that belongs not to the court ; but, like Sempro- nia, in Catiline's conspiracy, does more mischief than Cetliegus. In this time of distress, I could humbly ad- vise our prince would take the same course that the dulve of Savoy did, to suffer neither strangers nor am*- bassadors to stay above some few weeks in this country; for all the strangers and ambassadors here, have served the plot and design against us ; I am sure they have nd tie to be foi' us. But, my lords, what 1 rose to speak to was, more especially, to my lord of the earl's bench, that spoke last, and sits behind mej who, as he has the greatest influence in our present councils, so he hath let tall to you the very root of the matter, and the hinges upon which all turns. He tells you, that the houfcc of com- mons have lately made offers to the king, and he wou- tlers we do not accept the king's answer to tliem, before we euter into so hot and hio;h debates. He tells vou, if • • • *' the kmg be assured of supplies, we cannot doubt of his compliance in this, and all we can ask. For otherwise the king should fall into that, which is the worst condi- tion of a pi'.nce, to have his people have no confidence in him. My lords, this is that 1 know they would put the kmg upon ; and this is that we must be ruined by, if we may not with freedom and plainness open our case. Hy lords> it is a \Q\y hard tliiug to say, tliat we cannot 208 tOKD SHAFTESDURT. 'fAi^. TPgO. trust the king, and that we have been deceived so often, that we sec plainly the apprehensions , of discontent in the people, is no argument at court. Aiid, though our prince be in himself an excellent person, that the people have the greatest incHnation imaginable to love ; yet we may say, he is such a one, as no story affords us a pa- rallel of. How plain, and how many are the proofs of the designs to murder him ! How little is he apprehen- sive of it! The transactions between him and his bro- ther are admirable and incomprehensible. His brother's , being early known to aim at the crown, before his ma- jesty's restoration to this kingdom : this match witii the Portugal lady, not like to have children, contrived by the duke's father-in-law; and no sooner effected, but the duke and ii is party made proclamations to the world, that we are lij^e to have ./> children j but that he must 1)6 the certain heir. He takes his seat in parliamf rit as prince of Wales, his guards about him, the prince s lodg- ing at ^Vhitehall, his guards upon the same tioor, m itli- out any interposition between him and the king; so that the king ^^as in his hanils, and in his power every night: all offices and preferments being bestowed by him, not a bishop made without him. '1 his prince changes his religion to make himself a party, and such a party, that his brothei' must be sure to die, and be made away, to make room for him. Nothing could preserve him, but that which I hope he will never do; give greater earnest to that wicked party than his brother could: and, after all, the plot breaks out, plainly headed by the duke, his interest, and his design. How the king has behaved himself ever since the breaking out of it, the world knows; Ave have expected every hour, that the court should join with the duke against us : and it is evident, more has been done to make the plot a presby- terian plot, than to discover it. Tlie prorogations, the dissolutions, the cutting short of parliaments, not suffer- ing them to have time or opportunity to look into any tiling; have shewed what reason we have to conlidein A. D. 1680.] LORD SHAli'TESBURt. f^m. ■m this coiirty 1t*rAi*etii6?<»^ coWi'etO but \ by what fate Or council » for- iny part, I cannot giicss; n(3ither do I understand the riddle of it. The diike is quitted and sieiit etway; the house of commons have' brought up a bill to disable him of the crown; and I think they are so far cxtrenidy iji the right ; but your lord- ships are u iser than I, and have fejectod it; yet you have thouj](ht fit, and the king himself hdth made the propo-/ sition, to make such expedient.^ as ehall render him but a uomiuid prince. In the mean while, where is this duke, that the kinj^ and both houses have declared una- ' niiuonsly tlius dangerous? Why, he is in Scotland, raisr ing forces upcMi the terra firman that can enter dry foot iipon Us, without hazard Of wind or seas; the very place - he should be in to raise a party to be ready, when from hence he shall have notice. So that this being the ^ case, whOrc is the trust? We all think the business is so ripe, that they have the garrisons, the ajfms, ammuni- tion, the seas, and soldiery, all in their bands; they want but one goo(i sum of money to set up and crown tiie ^vork, and then they have no fartlier need of the ■ people; and, I believe, whether they are pleased or no, will be nd great trouble to them. My lords, I hear of a bargain in the house of commons, an address made ; and must boldly say it, and plainly, that the nation h betrayed, it^ upon any tenns, we part with our money, till we are sure the king is ours -, have what Jaws you will, and what conditions you will, they will be of no . use but waste paper, before iLastci', if the court has' money to set up for popery and arbitrary designs in the , mean time. On the other hand, jjive me leave to tell your lordships, the king has no reason to distrust his people ; no man can go home and say, that if the king complies with his people, they will do nothing for him, but tear all up from liim. AV'e want a government, and we want a prince that we may ti'ust, even with the spending half our" annual revenues for some time, for tiie preservation of the.se nations. The grf)wing orroat- VOi.. I. 1' 210 , ' ■'. LOKD SIIAFTESflURY. [a. D. iCSO. ♦>U-r«.i jieSs of the Frendi cannot b6 stopped with a little ex- pence, nor without a real and hearty union of the king and his peoi>lc. It wau never known in , Enjrland, tliat our princes W'anted supplies, either for their foreign doBigns or their pleasures; nothing ever shut our English purses, but the fears of having our money used against us. The hour that the king shall satisfy tiie people, that what we give is not to make us slaves and papists, he may have whatever he will ; and this your lordships know, and all mankind that know us; therefore, let me plainly tell your lordships, the arguments the present ministers use are to destroy the king, not to preserve him : for, if the king will first see what we will do for hun, it is impos- sible, if we are in our senses, we should do any thing. But, if he wiU first shew tliat he is entirely ours, that he weds the interest and religion of the nation, it is abso- lutely impossible he should want any thing he can ask, or Ave can give. But I plainly see how the argument will be used: Sir, they will do nothing for you; Vvhnt should you do with these men ? But, on the other hand, I am bold to say. Sir, you may have any tiling of this parliament j put away these men, change your princii)les, change your court, and be yourself again j for the king b'';nself may have any thing of us. My lords, if I have ijeen too plain, I beg your pardons ; I thought it the duty of a true-born Englishman, at this time, to speak plainly or never. I am sure I mean well ; and if any man can answer and oppose reason to what I alledge, 1 beg tliat he would do it: for I do not desire or propose any question merely for talking sake. I beg this debate may last some days, and that we ma,y go to tlie very bottom of the matter, and see whether these things are so or no, and what cure there is for the evil that we are in ; and then the result of our debates may produce some proper question. However, we know who hears ; and I am glad of this, that your lordships have dealt so honour- ably and 60 clearly in the king's presence and hearing, *< , . A. b. 1680.] SIR fttANClS WINNIN6TOX. ;''SSW^' that he cannot say he wants a right state 'of tJimgs i hef hath it bpfore hiiti, aud may take council as'iie thmkf> fit. • I '..I Mi'itt^ Oiu*' hrl.'Kiiib o'lOir SIR FRANCIS WINNINGTONiiioili to • , . -I , • , ;//r ynn : . ■: _ • •) ,Ytiil^i''''' . '■':.;;. .rid irt»:V"^V"5 , ;ij;(»/^* speech on the Fenston nui^ ; )r^,»i;;jbn|. M, rsh Mr. Speaker, Sir, the last house of commons being sensible how> irarrowly this nation escaped being ruined by a sort Of monsters, called pensioners, which sate in the late long parliament, had entered into a consideration how to prevent the like from coming into future parliaments ; and in order thereto, resolved, that they would sevei*ely chastise some of those that had been guilty, and make the best laws they could to prevent the like tor the fu- ture; and for that purpose a committee was appointed, of which Mr. Serjeant Gregory, now judgfe Grfegoty, was chairman, by which" many papers velAting to that affair came to his hands. Sir I think it^a business of so great importance, that it never ought to bo forgdttei^ nor the prosecution of it deferred. I have often heard that' England can never be destroyed but by itself: to have such parliaments was the most likely way that ever yet was invented. I remember a great lawyer said in this house, when it was debated in the last parliament, that it was treason,; and he gave many learned arguments to make it out. Whether it be so or no, I will not now offer to debate; but I think, that for those that are the legislators of the nation to take bribes to undermine the laws and governn.ent of this nation, that they ought to be chastised as traitors. It was my fortune to sit here a little while in the long parliament. p <^> X 4/^ irn mANcis wivKmorov. [A.i>. 1680. I did observe th&t all thoso that had pensions, and moBt of tiiose that had ofiices, voted all of a side, as they , were directed by some great officer, as exactly ns if their business in this house had been to preserve their pensions and offices, and not to make laws for tlie good of them that sent diem here. How such persons could any way be useful for the support of the government, by preserving a fair understanding between the king and . ins people ; but on the contrary, how dangerous to bring in arbitrary^ power and popery, I leave to every man's judgment ; they were so far from being the true repre- sentatives of the people, that they were a distinct mid- dle interest between the king and the people, and their chief business was to serve the end of some great minis* ter of state, though never so opposite to the true inte- rest of the nation. Sir, this business ought never to fall, though there should be never so many prorogations and dissolutions of parliaments, before any thing be done in it. I think it is the interest of the nation, that it should be prosecuted from parliament to parliament, as if there were an impeachment against th6m ; and therefore, sir, I would humbly move you to send some members of this house to judge Gregory, for the papers be hath taken in his custody relatmg to tliis anair, that so you may, in convenient time, proceed farther herein, as you shail tliink ^ood : and, sir, heaiing there is a report that some of this house have now made a bargain at court for great offices, in order to vitiate and corrupt, their votes in this house ; which, though but a project to cast ft reflection on such members, however, to satisfy the world, I pray, sir, let there be a vote past, that no member of this house shall accept of any office under the crown, during such time as he continues a member of tins house. ti ^v- -X A. D. 1681.] EARL OF WARfclNOTOK.t, St:) ..;/ r HENRY BOOTH, (Lord Dvlamere, and afterwardu ertateu Earl of Warrington,) • Was member for Cheshire in the time of Charles II. and a great opposer of the court, and popery. He was committed to the 'lower for high-treason, by Jumes 11. but was acquitted. lie died 1()94. There it a collection of his speeches in one volume octavo. That which I have given is not, perhaps, the best ; but there is iU) air of homely interest in it. a mixture of local and perDonul feeling, which makes it the most amusing. The independent country gentleman, the justice of the peace, the aistot rotuloruntt (to which latter otlice he appears to have been as much attachod us justice Shallow himself could be,) his own personal disinte- restedness, his political zeal, and liis great friendship for sir Thomas Manwaring, who seems to have been a man of much importance in his time, though now totally forgotten, are all brought together in a way that I like exceedingly ; and I c an assure the reader, that if I do not present him with a good col- lection, by following my own ioclination in taking those speeches ' which I like myself, and merely because I like them, 1 should, however, make a much worse in any other way. ri^v Uis Speech on putting certain Justices mtt of Commission. I WAS in hopes that some gentlemen M'ould have pre- vented me in what I have to say ; for I fear tlie house is under a great mistake, as to those gentlemen of the liouse who are put out of the commission of the peace ; for it is to speak to that ciiiefly I stand up. I acknow- ledge tliat it is an unanswerable thing, that other gentle- men were put out; but no doubt it was upon very weighty and warrantable grounds, that the gentlemen of tlie house were put out. For without doubt his majesty, or whoever he be that advised him to it, did think it reasonable, and waa sensible, that we who attend the service of our counUy ill this place, do spend our time and money, and neglect i2I4 EARL OF WARRIXGTON. [a. D. 1681. our OM'n affairs ; and therefore, when we come home it's fit that we have u time of rest, and tliat we be eased both in our bodies and purses, and be at leisure to set- tle our own concerns ; and not that we should be tossed from one chargeable and troublesome employment to another : so that we have great cause to be thankful for the care that is taken of us. jBesides, there is a further regard had to us : for this is a dangerous time to put the laws in execution against the papists, because there are examples where magis- trates (some) have been muithered, others attempted to be assassinated, for putting the laws in execution against the papists ; arid because we appeared to be zealous in it, therefore this care is taken of us. I suppose that might be the chief reason why I was put out, because I. have helped to convict above five thou- sand papists in Lancashire. mxi--t^^ ■'-'^of^'- •' And furthermore, it was necessary tb know how we stand in the thoughts of our countrymen ; whether they have a good opinion of us now we are turned out of office, because it looked like a Resigned disgrace ; for my part it has gained me ground ; and I believe every gentleman else finds his countrymen not to esteem the worse of him : I rather think better: Therefore, seeing our countries believe us to be honest men, there's no great question but we shall be in great esteem at White- hall, now thev have had this trial of us ; for Whitehall is very apt to incline to the opmion ot the country ; and that cajTt is npt well upon tlie w heels, when it is other- wise. 't-.^';:T 'WmMi'W'm^iih.M^f'iir^^im^M'^nm ''.Therefore, for my part, I am very thankful that I am put out. I will assure you I find my purse the fuller for it , and I find my country to pay me altogether as much respect, if not more, than formerly. There is but one tbing that I grudged to part an itli, and that was the office of cm-tos rotulonm, which had been in my family for several generations ; and for that I hoped a particu- lar reason might have been assigned why they took it A. D. 1681.] EARL OF WARRINGTON. 515 from me ; but from that day to this, I cannot learn what* was the cause. It is gone, and farewell it ; and that's all the loss I had, by being put out of the commission of the peace. I have done with ourselves ; and now*^ give me leave to speak a little concerning other gentle-^ men who are put out. and no reason given for it. ^ Wiien any gentleman is made a justice of peace, it i's out of respect to him, and for the good of the country, because he is supposed to be honest and able; and,' without dispute, no man ought to be put out, but either that he is unfaithful, unwilling to do his part, or else that he does not understand it; and it is a great injustice to any gentleman to put him out without hearing him : for to judge a man unheard, is not allow'ed by the law : and what is it, but to judge a man's reputation, a thing most dear to every honest man ; for in any age but this, it would be a great reflection upon a gentleman to be turn- • ed out of the commission of the peace ; but God be thanked, the nation sees very plainly, who and what sort of persons rule the roast. By all the enquiry I can make, I do not find that any man is put out, but such as were very active against the papists, such as are against arbi- trary power, and such as approved of the bill against the duke. I wish they would give the reason why one gentleman was put out in my county; for, Ijesides myself, there are but two put out; the One was newly [)ut in, and had not acted ; the other is an ancient jus- tice of peace, and a man that cannot be reprehended in relation to the dischr.rge of his trust : without reflection or diminution to any man, I think he knows the work of a justice of peace as well as any man in England ; I except no man ; pnd for iiis integrity, he may set all men at defiance to accuse him of tiie least partiality in the discharge of his trust; and I do know that no man made it more his business than lie did, that he might ease and serve the country : for as his ability was not inferior to that of any other man, so diil lie most duly put the laws ill execution, especially those against the papists : and 216 lORD SOMF.RS. '^A ••; [l.D. l688v therefore, sir^ on the behalf of my country, I must com- plain 9^n(i demand to know the reason m hy he was put out. We are greatly hurt, we are deprived of a great as- ' sistance and relief, and we cannot be quiet till we are satisfied in that particular. And my lord chancellor or tlie privy council (whichsoever of them it is that put hiin out,) will they not tell us why ? Arc they ashamed to , own the cause ? What, will it not bear water ? I hate this as I do arbitrary power and popery. Brave world { that we must be debarred of the benefit of our laws : for if tliey are not executed they signify nothing. It is that Avhich gives life to pur laws, and they that do execute ' them ai'e put out of office : this is a fair step to arbitrary power, to deprive us of the benefit of law. It is the same thing not to have laws, as to have laws and not executed. I say no more, lest 1 may seem to speak in my own case ; for I do not desire to have any thing done as to my own particular, but as to the gentleman whose cliaracter I have given you, and his name I will acquaint you with, it is sir Thorrias ^lanwaririg, you must give ine leave to be importunate, and press it again and agnin, that he may be again put into the coirunission of th« peace. ^^m^l^^.y|> f^>^ iH-v^iHq';-?*^!!. .J<5Jfr jmi:4' secondly, that so long as these conditions were complied A. D. 1(t88.] LORD S0MER8* '. 217 with, the people were bound to maintain their allegiance to the lawful successor, and not left at liberty to choose whom thfi^ pleased, having no pthcr law to govern them in their choice than their own wih, or fancy, or sense of convenience. There was in- deed art estate of inheritance, but then this was tied down andii limited by certain conditions, which, if not adhered to, the estate, i became lapsed and forfeited. There was no question an the case stood, either of sovereign absolute power, or of natural rights: the rights and duties of^JOth parties were defined and <'ircumscribfi(t by a constitution and order of things already established, and* wiiicii could not be infringed on either side with impunity ; that^J ii, they were exactly in the state of all contracting parties, neither of them independent, but each having a check or control over the other : the one had nii right to enforce his claim if he ditf ' not perform what was in the agreement, and the other party, so?!;/ long as this was done, could not he oj^' their bargain. The king- could not therefore be said to hold his crown " in contempt of the./ people," for both were equally responsible and bound to one ano* ;, ther, and both stood equally in awe of one anothifv or of the lavs.'' But in case of any difference on this head, the right to decide musti of course bfelong to those who had the power; lor by the very nature of the thing there is nothing to restrain tiiose who have, power in their hands from exercising it, but the sense of right and' wrong ; and where they think they have a right to act, what is^ there to hinder them Irom acting in vindication of what they con-' ceiveto be their right? 1 am not here entering into the abstractA question of government, nor do I pretend to say tl t this is the true^ l;iw and constitution of England; 1 am only stating wjiat was (inderstood to be so by the pame movers and abettors of the revo- lution of l688. -vrr^Jvi'/d.^ -?;?'[>;•!•■• n^'y/j*T'i' ' \ Lord Somers's Speech on the Abdication of King James. Ish Lords, 'ii' >;;, .'j-V{!?y.v.,^'^v rnt^n- '^miAt,~^h'':Ui^% What is appointed me to speak to, is your lord- ships' first amendment, by which the Avord abdicated in the commons' vote is changed into the ^^ ord dc^'e7'ted; and I am to acquaint your lordships what some of the grounds are that induced tlie commons to insist upon the M'ord abdicated, and not to agree to your lordshi[>s' amendment. \^ 1. Th,e first rea^o your lordships are pleased. to de? , ■ ' ■:i,'.,i -i'Aj.:.:, •.»*j;i>r ■, '^^ ''i * * .> , . i,.»w*»i..#s 1 i 218 LORD SOMEllS. [a.d. 1688. liver, as for your chnni^ilig the word is, that the word ab- dicated your lordshii)s do not find is a m Oid known to tlie couunon law of England, and tiierefore ought not to be used ; and the next is, that tfie common application of the word amounts to a voluntary express act of renun- ciation, M hich (your lordships say) is not in this case, nor ^*hat will foiloAv from the premises. My lords, as to the first of these reasons, if it be an objection that the word nbdicatcd hath not a known sense in the common law of England, there is the same objec- tion against tlie word deserted ; for there can be no au- tliority or book of law produced wherein any determined sense is given to tlie word deserted ; so that your lord- ships' first reason hath the same force a^rainst your own amendment as it hath against tlie term used by the com- mons. t( The words are both Latin words, and used in the best autliors, and both of a known signification ; their mean- ing is very well understood, though it be true their mean- ing l)e not the same. The w ord abdicate doth naturally and properly signify entirely to renounce, throw off, dis- ow n, relinquish any thing or j>erson, so as to have no farther to do with it ; and that whether it be done by ex- pi-ess words or jn writing, (which is the sense your lord- .ships put upon it, and which is properly called resigna- tion or cession,) or by doing such acts as are inconsistent witli the holding or retaining of the thing, which the connnons take to be the present case, and therefore make choice of the word abdicate^ as that which they thought did, above all others, most properly express that mean- ing. And in this latter sense it is taken by others ; and tliat this is the true signification of the Mord I shall shew your lordships out of the best autiiors. The first 1 shall mention is (n-otius, De Jure Belli et Paci.s\ i. 2. c. 4. /. 4. re)nt enlm hoc mm ex jure ei- tiiit sed e.r jure naturali quo quisque ismim potest abdi- care ct cvr naturali prcesnwpt'wue qua voluisses aid credit II r qucd sufflcicntcr sigjujieavit. And then he AfD. 1^88.] LORD SOMERS. SIS'* goes on, Recusari h^recUtas, iwji tantum xerhis scd ttiam re potest et quovis indicio voluntatis'. Another instance which I shall mention to shew that for the abdicating a thing, it is sufficient to do an act , which is inconsistent with the retaining it, thon •■^- ^ The next author that r shall quote is Brissonius de\ Verhorum Sigmjicationc^ who hath this passage : Homo , liber qui seip.sum venditf abdicat sc statu suo : that is, He who sells himself hath thereby done such an act as cannot consist with his former estate of freedom, and is therefore properly said, se abdicasse statu suo. '";;' ■ ■"'";; Buda3us, in his Commentaries, Ad Legem secundamde Origine JuriSy expounds the Avords in the same sense. Abdicare se magistratu est idem quod abire penitus magistral u. He that goes out of his office of magis- tracy, let it be hi what maimer he will, has abdicated the* ' magistracy. iv^'f^:iMil^v^-H-^.'^:'^i^^^^' :^'y 'And Grotius, in his book De Jure Belli et Pacis, I. 1. c. 4. s. .9. seems to expound the word abdicare by mani- feste habere pro derelicto: that is, that he who hath abdi- C[;ted anything, hath so far relinquished it, that he hath no right of return to it ; and that is the sense the com- mons put upon the word. It is an entire alienation of the thing, and so stands in opposition to dicare. Dicat qui propriuni aliquodfacity abdicat qui alienat. So says Pralejus in \\\^ Lexicon Juris. It is therefore insisted upon as the proper word by the commons. But the word deserted, (which is the word used in the amendment made by your lordships,) hath not only a very doubtful signification, but in the common acceptance both of the civil and canon law, doth signify only a bare withdra^ving, a temporary fjuitting of a thing, and neglect 220. LORD .VOMERS. [A.D. ](>88. only ; whicli leaveth the party at liberty of returning to it again. Desertum pro neglectOt says Spigelius in his Lexicon. But the difference between deserere. and dcrelhiqtterey is expressly laid down by Bartolus upon the 8th law of the 58th title of the 11th book 6f the Code ; and iiis vtords are these : Nota diligeMtev ex hac iegCy (juod aliud est agrum deserere^ aliud derel'mquer^y qui enim dereimquity ipsum ci* penitentia mn revocaty, scd qui deserity intra bienmum potest. :, Whereby it appears, my lords, that tliat is called de- sertinn v\ hich is temporary and relievable ; that is called * dereliction where there is no power or right to return. So in the best Latin authors, and in the civil la,w, deserere exceriitum is used to signify sojdiers leaving theif colours. Cod. lib. \9,. s. \. \ And in the canon law, to desert a benefice^ si lifies no> more than to be non-resident j so is Covin's Lexicon, . Ferb. Desert, .secimd. Canones. In both cases, the party hath not only a right of re- turning, but is bound to return again i whichj my lords, as the commons do not take to be the present case, so they cannot think that your lordships do, because it is expressly said, in one of your reasons given in defence o( the last amendment, that your lordships have been, and are willing to secure the nation against the return oi king James ; which your lordships would not in justice do, if you did look upon it to be no more than a negli- gent withdrawing, wliich leaveth a liberty lo the party to return. ^ * ^viIith ;- ^k tsr^icr-ifrJi-Jtmiohf For Avhich reasons, my lords, the commons cannot agree to the first amendment, to insert the word deserted^ instead of abdicated, because it doth not in any sort come up to their sense of the thing. So they do appre- hend it dotli not reach your lordships' pneaning as it is expressed in your reasons ; whereas they look upon the word abdicated to express properly what is to be inferred from that part of the vote to which your lordships have agreed : — That king James II. by going about to subvert A. D..1^88i] EARL OF NOTTINGHAM. * m the cOQBytution, and by breaking tiie original contract between king and people, and by violating the funda- mental Uwi^,^and withdrawing hiniself out of the king- dom) hath tiiefeby renounced to be a king according to the constitution. By avowing to govern by a despotic power, unknown to the constitution and inconsistent with it, he hath renounced to be a king according to the law ; jsucli a king as he swore to be at his coronation ; such a king to w horn the allegiance of an English subject is due ; and hatli set up another kind of dominion, Mhicli is to all intents an abdication, or abandoning of his legal title, as fully as if it had been done by express words. And, my lords, for these reasons the commons do insist upon the word ubdicateti, and cannot agree to the word deserted, jrst ^yij^'os^ajit i^jsr^fe^jj^^i-^ ' ; •' , . V, DANIEL FINCH, . .,. ^ • t'f-ilffj ' Ti, (Sec nd Earl of Nottingham,) '•% • • ^ ' i^ Was born 1 647, and died 1730. He was all his life an active poH^ tician, without being devoted to any party. He seems Ui Imve gone just as far as his principles would carry him, and no larlher ; and therefore often stood still in his political career, -y^i '.^M iw-md tags »HUi:^ .'^ -Earl of Nottino-hams Anmer, Gentlemch, .-■j^^^tJ*. , -*>■(* fS* 1^- - <».«Vtt-«-^ - I WOULD not protract time which is now so necessacy to be husbanded, nor perplex debates about any affair like that which now lies before us. It is not a question barely about words, but things, which we are now dis-t, puting. The \vord abdicated, it is agreed by Mr. Somers, is a M'ord of art, and he hath told us what its signification is, 222 EARL OP NOTTlNGHA»r. [a. D. 1688. from those that are skilled' in the art to which it belongs. He doth acknowledge that it is no law word among English lawyers, nor known to the common law j but then he saitli, ncitlier is the word used by ' the lords, deserted. • ' I agree to him/ that' rtsitlier thfe one nor the other are words used in our law ; but the inference 1 would draw thence is this : that we have no words applicable to this case, because we never before bad such a case ; and we must not draw inferences of law in such a case that are not deducible from rules well known in our law. I will not dispute what the sense of the word abdi- cation is in the civil law, but that it is a civil law word is agreed to by me ; and if it be, for that reason I am agahist using of it, because I am so much in love with our own laws, that I woulfl use no words in a case that so much concerns our legal constitution, but what are fetched from thence. I hope I shall never see our old laws altered, or if they be, God forbid we should be tlie voluntary agents in such an alteration. 'j^-u; 4t iW f«'?*s;W.^ n' But then wc are told the word deserted ^o\h not reach our case, because the signification of the word is but a temporary leaving or forsaking of his power, which he may rcassume ; nay, which in some cases there is a duty upon him to return unto. If that were all, Mr. Somers hatli given himself an answer to that objection, out of M'hat he alledgesof the lords' reasons, who have declared,, tliat they arc >villing to secure the nation against the return of king James into this kingdom, and will tliere- fore concur with the commons in any act that shall be thought necessary to prevent such his return ; so that it should seem we were agreed in that matter : and if that were the point, we should find words proper soon enough to express our meaning by. But I find neither of these words will on the one side or on the other be allowed to signify the meaning, therefore we should (as I take it) t'omc presently to think of «ome otlier that would But A. D. lG'88.j EARL Of NOTTINGHAM. i^?: the reasons m hy my lords did chiefly iusist upon the alteration of the word cMcrt/er/ was, because they did apprehend, that it being i^ word not known to our laivs, there might be other inferences drawn from it tiian tliev do apprehend our laws will warrant froiu the case, as it is stated in the fact of this vote, and as they conceive is (lone in tiie concludhig of tlie throne's being vacant Therefore I tliink it \\ ould shorten the present debate if we did settle that point lirst : and as we frequently in parliamentary proceedings postpone this and that para- gra[)li in a bill, till some others tiiat may be thought lit to be determined iirst be agreed to ; so we should post- pone the debate about the word abdicate, till the vacancy of the throne be settled ; for if we were sure that the throne were or were not vacant, we should easily light upon what word were proper to be used in this case. I should therefore propose that we might debate that first; because if there be an English word of known signi- fication in our law, which should signify no more than renouncing for a man's self, and which would not amount to so nmch as setting aside the right of others, that word may be used ; and if no other, the word remwicing itsielf may be taken, which would be best agreed to. Acting against a man's trust, (says Mr. Seijeant Holt,) is a renunciation of that trust. I agree it is a violation of his trust to act contrary to it, and he is accountable for that violation to anwer what the trust suffers out of liis own estate i but I deny it to be presently a renunci- ation of the trust, apd tliat such a one is no longer a trus- tee. I beg his pardon if I differ from him in opinion, whom I acknowledge to have much more learning in his profession than I can pretend unto. But if the law be as he says in a private case, then I must beg leave to tbrbear giving my opinion in a case of this public nature that is new before us, till I know what such a trust is, and what the law says in such a case. If indeed you do pretend thjit tl*c throne is vapant. ■■t V \ 254 'sir ciokci TRF.nVV' and both houses agree in that conclusion I think it will be no matter what word is used about it. But if mc do '6ot agree to that conchiaion, I thinic it will be allerwards Vasy to shew which is tiie fittest nord to be stood upon, or to agree upon some other. . ' - . . - , - I pray, tliercfore, (to shorten the dbbati*,) <^ft't yoij, gentlemen, would speak to this point first j and when that IS resolved, I hope we shall easily come, to Wi agrcc^ mrnt ahaiit thp othiT. ^^^'^ n;tnie lierc into the assembly of the Idrdfl iind commons, Aixd expressed liimself iti ntiting or word;? to this puri)Ose: I wils borti ah heii* to the crown of England, which is a frOvernmcrtt limited by Idws, niAde in full ))arliunKMit, by kin*;, nobles, and cOmnionAlty ; iuid, upon the death of niy last predecessor, I am in possession of the throne • arid now I find I carinot make laws, without the consent 'df tho lords i\nd representa- tives of the commons iri [jftiiidment. 1 cannot suspend liiws that havd beeil so made, without the corisiint of my people; this, indeed, is the title of kingship, I hold by original contract, and the fundamental constitutibns of the government j and my succession tO; arid possession (♦f the crown, on tiiese tehns, \a part of thtit cbntract. '11 lis part of the donti'act 1 p\\\ weary of, I do reriOuricc it; 1 will not be obliged to observe it; nay, I am under nil invincible oblisjation riot tb comply with it; I will not execute the laws that have bt^n miUle, nor stiffer dthers to he mndbi as my people shdll dcfiire, Ibr their security in religion, liberty, arid pi'opei'ty; Avliich aie the two iiiiiin parts of the kiiigly otlice m this nation. I'4?ay, sn|)pose he luld sO expt*essed himfeelf, doubtless this had Itcen a plain renourtcing of that legal, regular title, which lainc to hiiri by desciFMit. If then, he, by partit'ulaf acts, such as are enmnerated iri the vote, has declare*d a^< much, or more thari these Mords can amount to, then he thereby declared his will to reriourice the governrhent. lie hath, by these acts mentioned, liiariifestiy declared, tluit he will not govern accordinst to the laws made; nay, he cannot so do, for he is under a strict obligatibii, (yea the strictest, and »u))ei"ior to that of the original compact between tiie king and people) to act eoutriiry to the laws, of to suspend tlicnl. liy the lawi he is to administer Justice, aiul to (?xecuto ills office, aecordina; to the' tenor of those laws; and the coronation oath obligeth him, likewise, to consent to such laws as the jjcople shall choose. But, on the contrary, by tliat unfortunate pcr«^uasion (in point of religion) tliut VOL. J. tr 22() SIR GEOn^Jfc TH£«V. [a.d. 16'8 lie hatli cir^bmoid, lie is obliged to suspend tl»c laws that deft nd the cstabiislied religion, aild to treat it, as it has bgeii ealled, as tlic nortbcyru hereby, aiul under pain of di^mnation to extirpate it. And, in order to it, did sap and repeal ull tiic legyl fences of it, without eonsent of parlii^nK nt. What the ciidenvours and praetices of tljat kind liave bex-n 'u\ tlic last reign, 1 8up]x«e we are not now to be told ot, or instrueted in; and if (as is very plain) tliii* doth amount to a manilest deelaration of his will, no longer to retain the cxereisc of his kingly of- fice, tluis limited, thus restrained, then in eounnon sense, as vvcU as legal acceptation, he has sufficiently declared his renouncing of the very office. As for his departure out of the kingdom, 'tis not material whether it was vo- luntai-y or involuntary ; but it;is sufficient that his acting declares, (juo animo he went away; he could no longer pursue ys\i'dX he designed, and tlio contrary of which he was 80 strongly obliged unto, by the duty of his office and relation, and the obligation of the original contract, as likewise his own corqu^t^on otitjii and then he desires no longer to be here, f -^j ' .y>."fi(> -/|j.i-t;,r">Ht 'i(v'»this*< mm So that taking both these things together, that he will not, nay, he cannot (as thus persuaded in point of re- ligion) govern according to Jaw, and thereupon hath withdrawn himself out of the khigdoni; it is a manifest declaration of his express renouncing and parting with his kingly otVicc. And thereibre I camiot dejiart from in- sisting upon this word abdicatcil ; which doth so well eovrespond to the fact in case, and so well express the true meaning of the commons in their^ vote. Nor can we consent to the postponing this point, till the other, about the vacancy of the throne be determined j for this is the very foundation upon which we. are to proceed, for establishing the superstructure of the other conclu- sion. .m?ri^o'\'}uSf^^ ^M \ '^oiv* :;i:^t:'^lr^r,f■K^•'<^• A. I). 1688.] SIR UOBEllf HO^Aii'tli: m \ .j. ,Jl»f vjHA wit iVifi^Mnettih tmntl 'yjnul huii n^nx ruMuq SIR ROBERT HOWARD, (fVko is ImoTcnds aPoHtkatand Df^atic Wrftit^,") 'I I .' Was the bon of the earl of Berksiiiru, knighted at the restoratiun; > r • lie died about 1700. ..,|'/ y?,j,{n . ■>! i,vjh >w 01^ nhhrti tm^V ' ' 5'^/' Robert ltoxi)ar(ts Speech on the same Silhject. The )>rocieeding ana expression^ of the h(^use of com- ' mons in tliis vote, are fully warrdiated by.tlic precedent! that liatli beeil cited, and are such, wherein there has-l been no interruption of the government, according to the constitution, f The late king hath, by your lordships' coilcesdiori, done i all those things which aiijount to an abdication of thoii jTovernment, and the throne's being thereby vacant ; anrtii had your lordships concurred with us, the kingdom hadu long ere this bceri settled^ and every body had peaci&*fi ably followed their own business. Nay, had ydur lord* / siiips been pleased to express yourselves clearly, and notil had a mind to speak ambiguously of it, we had saved-v all this trouble, and been at an end of disputing. ilt 't? Truly, niy lords, this recoird that hath been men- tioned of Henry IV., I will not say is not a precedent » of election, for the arciibishop stood up, and looked » round on all sides, arid asked the lords and common.^;/ whetlier they would have him to be king } arid they g(s- serted, (as the words of the roll are,) that he should j reign over them : and so it is done at every coronation. » As to his claim, they did not so much mind that ; for/ they knew that he claimed by descent and inheritance, wherji> there was a known person that had a title before him; r . For that which a no We lord spoke of, touching tliQ; 2*2 S SIR KOBERf HOWAKD.ia " [a. T). 1()88. public acts that liave been done since tlic king left 113, I may very well aay, we tliink them legally done ; and we do not doubt, but tliat poMcr Avbicli brought in another line tlien upon the vacancy of the throne by the le- sion of Kichard 11. , is still, according to the constitution, residing- in the lords and commons ; and is legally sufii; cient to supply the vacancy thul no^v rs. That noble lord, indeed, said, that your lordships might not only uith the commons, advise the prince of Orange to take upon him the administration, and join M'ith us in the other things j but that you might have done it of yourselves, as being, in the absence of the king, the great council of the nation. - My lords, I shall not say much to that point; your lordships' honours and privileges are great^ and your councils very worthy of all reverence and respect. But I would ask this question of my noble lord that is here. Whether, had there been an heir, to whom the rroM'n had quietly descended in the line of succession, and this heir certainly knowfi, your lordships would have assembled without his calling, or would have either administered the government yourselves, or advised the prince of Orange to have takers it upon him? I doubt you have been (pardon me for sayhig it) all guilty of high treason, by the laws of England, -if a known suc- <:e8sor were in [lossession of the throne ; as he must be if th?? throne wefc not vacant. inar* - From thence, my lords, your lordships sec wliere the difliculty lies in this matter, and m lionce it arisetlj ; be- cause you would not agree the throne to be vacant, when we know of none that |X)ssess it. ^^'e know some such thing hath been pretended to, af» un heir male, of which there are different opinions; and ill the mean time, we are w ithout a government ; and jnust MC stay till the truth of the matter be found out ? AVhat shall wc do to preserve our constitution, wliile we arc M ithout a safe or leffid authority to act under the same, ^ •' •••11 according to that constitution; and in a little tune it will 1()88. ..,_.L,L-.W.-£* . n !•?' >«.iia^ •. V A.D. 1688.] StU R06"EttrHOWAftW. 2^ perhaps, through the distraction of the times, be utterly irremediable? '> I do not deny but your lordships have very great hardships to conflict >vith in such a case, but what is the occasion of them? . ...■,■■'. We all do know the monarchy is hereditary; but how, or what shall we do to find out the successor in tlie riglit line? You think it m ill i>e a difficult thing to go upon the examination who is heir j perhaps it will be more difii- cult to resolve in this ease, than it "hiight be in another. For tlioucrh heretofore there have been abdications and vacancies, it has been where the kina; has been of the same religion, of t[ie established worship of the nation ; and amongst those that pretended to the succession, the several claimers have been persons, born and bred \.\\^ in that religion that was estai)Hshed by law ; or it may be, there hath been a child in the womb, at the time of the vacancy. But then, my lords, there would not be much difficul- ty to examine, who should inherit, or what were lit ta be done ; I confess, 1 say, there are difficulties on all sides, or else your lordships sure would have spoke out belbre now; and, if you had been clear in it yourselves, you would have let the commons and the world have kno\\'n it. But it not being clear, must we always remain thus ? Use what words you will, fill up, nominate, or elect, it is tiie thing we are to take cai'e otj and it is high tune it were done. VMiii t'iy,.^-Bi5a^:ij;i i;si M- Tu67, lOil i\Iy lords, there is no sucli consequence to be drawn from this vote, as an intention, or likelihooil, of alter- ing tho course of the government, so as t . . make it elec- tive. The throne hath all alon*; dc.-.ov led in an here- ditary succession j the main constitution hath been pre- served. TiMlivm^' '.vr*5ri. 'm The precedent of Henry IV. is not like that of elec- tions in other coimtries; and I am sorry there should be an occasion for ^^ hut is necessary to be done now. I i- 230 flIB ilOBERT HOWARD. [A.Xi^ J 688 vl But when awch difficulties are upon the nation, as wc cannot extricate ourselves out of, by fixing who is the lineal successor; your lordships, I hope, will give us leave to remember, Salm popuii est suprenia Ze.r. And if neither you nor we can do any thing in this case, then wc, who ai'e not under the notion of an as- sembly, or convention of the states, have met to no pur- pose : for, after we have voted ourselves to be without a government, (which looks as if something were really intended as for a settlement,) all presently sinks, and we are as much in tlie dark as we were before. And, my lords, I pray give me leave to say one thing more : Your lordships say, you will never make a pre- cedent of election, or take upon you to alter the succes- sion. . Hli« 'J4i> wj f.i'.3iiii;H'/*q l+ifii „ OUii Witlj your lordships* favour, the settlement of the con- stitution is the main thing we are to look after. If you -provide for the supply of the defect there, that point of the succession will, without all question, in tlie same me- thod, and at the same time, be surely provided fon,!! . - But, my lords, you will do well to consider, Have not you yourselves already limited the very succession, and cut oft' some that might have a lineal right ? Have you not concurred with us in our vote, That it is in- consistent with our religion and our laws, to have a pa- pist to relp^n over us ? Must we not come then to an election, if the next heir be a papist? Nay, suppose therv°, were no protestant heir at all to be Ibuhd, would not your lonlships then break the line ? But your lordships' vote is inconsistent ; you do sup- pose a case of the greatest consequence that can be, may happen; and, if that should happen to be our case, that the whole protestant line should fall, would not that necessitate an elpction ? or else we must submit to that which were inconsistent with our religion and laws. If your lordships, then, in such a case, must break ^irough tlie succession, I think the nation has reason to A.D. 1690.] wrLlIAM Illi'' 23^1 • expect you should take cars to stvpply the present aercct, ' where the succession is uncei'tatim* v«H>i ''« tiviQ^, <^" *-•- My lords, if this should not be agrfeefd "tiffeto; wKkt"* will be the conseciuence r We that used, and justly, to" boast ot" living under the best of governments, must be' left without any one ; for your lordships, it seems, can-" not agree with us to supply and iill up this gap in it, 'or tell us who is the successor ; and we must not do it'* ourselves by elections, which is the only way left us to' provide tor our settlement. ^ Truly, my lords, upon the whole, I cannot tell wh?if* condition we shall be in, or what we can do ftirther:' but we must; even part and break up in confusion^ and' so leave the nation to < extricate itself as Well as it can,* out of tills distraction : but thenf, at whose door tliat will' lie, I must leave to vo'i lordships' own thoughts. • ••• , ,., ^.. .:,..-.,. nl.,J. .: ^ :.., .. :. ^v^iao-i -^ .> ^ ~" :; .^ :.' ^ . :. . WILLIAM ' 'III. ^>q^|*^4l*??il5ttU'> Was born at the Hague in 1 650. He was the son of William, prince of Orange, and FItnrietta, daughter of king Charles I. He mar- ried the daughter of James H. ; and in consequence of the arbi- trary conduct of that monarch, was invited over in 1688, tO' take possession of the crown in bis stead. He died 1702, by a fall from his horse. He was a man of great abilities, both as a, statesman and general. ...... . . , , , , f„ :. ' , T/ie Khig'-s Speech to Parliament. ' 'i,^^ it*. W . My Lords and Gehtlemen, -^i^l^vt^Hitj . ^* nu;u:>o^i am resolved to leave nothing unattempted on my pait; which may contribute to the peace and prosperity of this nation ; and finding my presence in Ireland will be absolutely necessary tor the more speedy reducing I i > ■ ' ;, ^^.] wittrAM HI. y^^r, [a. dI 1G<)0, of that kingdom, I continue my resolution of going ttii-, ther as soon us may be ; and I have now called you togetlicr for your assistance to enable mc to prose-: cute the war >^'itli speed and vigour '; in which I assure piyself of your -cheerful concurrence, being a work so necessary for your om n safctieis. In order to this, I desire you will forthwith make a settlement of the revenue ; and I cannot doubt but you uill therein have ^s much regard for tlie honour and dignity of the monarchy in my hands, as has been lately shewed to others ; and J. have so great a confidence in you, that if no quicker or more convenient way can he found, for the raising of ready money, (without whicli the service canngt be performed,) I shall be very well con- tpnt for the present, to have it made such a fund of credit as may be useftil to yourselves, as well as to me, in this conjuncture ; not having the least apprehensions, but that you will provide for the taking pff all such anticipatiois^ as it shall happen to fall imd^r, It is sufficiently known how earnestly I have endea- voured to pxtinguish (pr at least compose) all differences amongst my subjects ; and to that end how often I have, recommended an act of indemnity to tl^e last parlia- ment ; but since that part of it which related to the preventing, of private suits is already enacted, and be- cause debates of that nature must take up more of your time than can now be spared from the dispatch of those other things ^vhich are absolutely necessary for our com- mon safety, I intend to send you an act of grace, with such exceptions pjf some few^ persons only, as may be sufficient to siiew piy great disljke of their crimes, and, at the same time, my readiness to extend protection to all my other subjects ; who will thereby see that they can rcconunend Uiemselves to me by no other methods than what the law^ prescribe, yhi^h shall always be the only rule of my gcvprnment, , .+ .» wu;.vy:>» -"i^- ».;!i»'i" A farther reason whicti induces me tp send vo'? this fttt at this time, is, because 1 am desirous to leave no Jl.D. 1690.] WILLIAM uir^Mu n^s colour of excuse to any of my subjects, Iop thfe raising of disturbances in the government, and especially in the time of my absence j and I say this, both to in- form you, and to let some ill-affected men see that I am not unacquainted how busy they are in their present endeavours tu t^ltcr it. r j; Amon(»st other enoouragcments Avhit^h I find they give themselves from tlie ways by which they hope to compass tlieir * designs, is the creating differences and disagreements in your councils i which I hope you will be very careful to prevent : for be assured, that our great- est enemies can have no better instruments for their puri)oses, than those whp shall any way endeavour to disturb or delay your speedy and unanimous proceeding upon these necessary matters. I mu^t recommend also to your consideration, an union with Scotland. I do not mean it should be now entered upon ; but they having projxised tins to me some, time since, and the parliament there having nominated cpiiniiissioners for that purpose, I should he glad that cofnmissioners might also be nominated here, to treat with them, and to see if such terms ^•ould be agreed on, as niight be for the benelit of both nations, £0 as \,q be r^ady to be presented to you in some tiiture session. ' v .;,.**^ Aly lords and gei^tlen^en, I have thought it most con- venient to leave the administration of tlje government m the hands of the queep during niy absence ; and if it shall lae judged necessary to have an act of parlia- ment for the better confirmation of it to her, I desiio you wiii let such an one be prepared, to be presented I have this only ^o add, that the season of the year, pnd my journey into Ireland, will admit but of a very shprt session j so that I must recon^mend to you the niakuig sxich dispatch, that we may not bo engaged in debates, when our enemies shall be in tlie field ; for ^he success of the W£^r, ai)d the more thrifty manage- s » S34 SIR CHARLES SEDLEV. [A. D. l6<)0. mcnt of it, will both principally depend upon your speedy resolutions;, and I hope it will not be ionw before we shall meet again, to perfect vvixat the time will not uow allow to be done* . iiiaad «af *or .1wifl^^tfio'^\f#M V ' SIR CHARLES SEDLEY^smw*^ ,'J^ (One of the IVits and Poets of the Courta of Charles //,> iJlW''fiv»i/ «*irt'olfi-'rJviM*t;a1attftiirf.'k|i^a^.i)» \Vas born about 163.O, aiul died 1701, His diuighter had been misr tress to Jaines II. who made her countess of Dorchester; so that, on being, asked why he was so great a favourer of the re- ^ volution, he replied, " From a principle of gratitude : for since ^^'fais majesty has made my daughter a countess, it is tit I shoulci /.'' do all 1 can to make his daughter u ^^ueeu." . k)m(M^^^Sir Charles Scdlcys Speech on the Tiafie*! ■*'«-* ^^i i;>v^1l*i'H'^ . ..... .... tuiig.'iHi -:.;a»"»*:. j^.jj.^ Speaker' "f-f^"'?^' ' '^^<'t**'j^ii*"'^-M*^'Rt *:^'**^--:^i' We have provided for the army; we have provided for the navy j and now, at last, a new reckoning is brought us: we must likewise provide for the lists. Truely, Mr. Speaker,' tis a sad reflection, that some men should wallow in wealth and placed, whilst others pay away, in taxes, the fourth part of their revenue for the support of the same government We . are riot upon equal terms for his majesty's service : the courtiers and great officers charge, as it were, iri armour ; they feel not the taxes by reason of their places, whilst the country gen- tlemen are shot through and through by them. The king is pleased to lay his w ants before us, and, I am confident, expects our advice upon it : we ought therefore to tell him what pensions are too great, what places may be exthiguished during the tinic of the w^r and public ca- «;,.!in--t»,*'.:' A. D. 1()94.] SIR CHAltlES SE])tEY. 235 lamity. Hts majesty sees nothing but coaches and six, and great tal)les,' and therefore cannot imagine the want and misery of the rest of his subjects : he is a brave and generous prince, but lie is a young king, en- compassed and hemmed in by a company of cralty old courtiers. To say no more, some liave places of 3000/. some of 6000 A and others of 8000 /. per annum ; and I am told the commisioners of the tieasury have 1 600 /. /;er amium, a piece* Certainly, public pensions, Mhat- ever they have been formerly, are much too great for the present want and calamity that reigns every Avhere else ; and it is a scandal tliat a government so sick at heart as oUps is, should look so well in the face. We must save the king money wherever we can ; for I am afraid the war is too great for our purses, if things be not managed with all imaginable thrift. When tlie people of England see all things are saved, that can be saved, tiiat there are no exorbitant pensions, nor unnecessary salaries, and all this applied to the use to wiiich they are given, we shall give, and they will pay whatever his majesty can want, to secure the protestant religion, and to keep out the king of France, and king James too ; whom by the way I have not heard named this session, whether out of fear, discretion, or respect, I canot tell. I conclude, Mr. Speaker, with this: let us save the king what we can, and then let us proceed to give what we are able. •Hiu; ■^!?(is h-im'iiviV si 'ii\ SIR JOHN KNIGJIT, (Member for Bristol.) M>P'd^». iii^:- This worthy oitizen, (of whom I am sorry I can Ipavn no more than his title, iuid the place which he repreaented,) shall make his ap- pearance, and at full length, though he should be received with as dreadfyl a storm of criticism, as that which he describes in the putset of his speech. lie is a true Englishman, a perfect islander. lie seems to have as thorough a hatred for the continent, and all its inhabitants, as if he had beeu firat swaddled in the leaky hold of Z36 \\ SIR JOHN KNUillTJ^ [a.d. 1(|94, a tn«rchantfnan, or had crawled out of the mud of the j^ristol chan- nel. He is not merely warm, he perfectly recks with patriotism^ and antipathy to all Ibi eigucrs. For the last hundred years, wc have, only been working on this model, andl do not see that we can get inneh beyond it. We have, it is true, refined tl»e stile, filled up tiie I outiinea, added elegance to fury, and expanded our prejudices into systems of philosophy. But we have added nothing to the stock. i The design and principles remain the same; and they are unalter- ' able. The pattern is closely copietl from, human nature. Indfod, I do not know whethf^r the l)est examples of modern declamation cm this subject, will be found to be much b<»tter than awkward af- fectation, and laboured extravagance, in which the writers scarce- ly seem to believe themselves, if we compare them with the spirit, the natural expression, the force, and broad decided manner of this great master! For my own part, I confess I like the blunt,' uncouth, bear-garden »tilf ; the course familiarity, and virulent abuse of this honest knight, better than the studied elegance of modern invective. The stile is stilted to the subject. Every thing is natural and sincere, and warm from th« heart. Here are no fine-spun theo- ries, no aftertcd rancour, no attempts to bind fast the spell of ignorance, by the calling in of " metaphysical aid," or to make use of the ice of philosophy as a bu^-ning-glass to inflame the violence of the passions. Downright passion, unconquerable pre- judice, and unaftected cjjthusiasm, arfe always justifiable; they follow a blind, but sure instinct ; they flow from a real cause ; they are uniform and consistent with themselves ; and their mis- chiefs, whatever they are, have certain limits, may be calculated upon, and provided against. But fine reasoning, and gross feelings, do not accord well together. We may apply to them what bus been said of love, non bene convcniuiity nee in una sede morantiir vutjestas et amor. Jt is an unnatural union, which can produce nothing but distortion. We are not at present hurried away by the honest ebullitions of resentment, or blind zeal, but are in that state descrilx'd by Shakespeare, in which '" reason panders will." No one is otTended at the ravings, the fierce gestures of a madman : but what should we think of a man who affected to start, to foam at the mouth, and feigned himself mad, only to have an oppor- tunity for executing the most mischievous purposes ? We are not surprised to see poisonous w»;cds growing in a wilderness ; but •who would think of transplanting' them into a cultivated garden? I am thcreforf; glad to take refuge from the mechanic, cold-blooded fury, and mercenary malice of pretended patriotism, in the honest eloquence, " the downright violence and storm of passion" of this roul enthusiast." *dJ >■■ i-lt' r, A. Dv 1694.]! SIR JOHN KN'ICIITk £37 - vVi/* John Knight's Spccth against the Dutck' a Mr. Speukcr;, ^ f HAVE heard of a ship hi a violent storm, in daufjcr of perishing^ evory inonu'ntl it was not such a sham storm as we were hiteiy (.entertained with in the OaKCtte, whidi deceives tiie ^)0<)ple, hy affirminij that niaily siiips goins^ tor France laden with corn were cast dwaV^ tiiough those ships, aad many more, are s'lt'ely arrived m France; bjiit it was such a real storm as on the 7tli of the last month, ck!»tiX)yed on the coast of C'ornwall upwards of seventy sail of our Knglish ships, most of uhich were laden witli corn, and several sorts of provisions, for the use of our Dutcii allies, to enable them to Jive cheap, l)y nect happiness in life, M iien all mankind but invself are dead, would not be .» £33 srii JOHN KMCHT. [\. D. 16f)4 more (tccclving tlian to propose comfort and security to iriyself anil corporation, w hen strangers uix; adinittcil to possess and enj(.)y, by law, all that's vahiable in the king- dom; for this bill doth enfrnnchise all strangers tliiit will swear and protest against popery, >vitli the liberties of every Englishman, alter the vast exj)enee of treasure; und English blood it hath cost tins kingdom* in all times and ages of our fore-fathers, to secure them to themselves tuid their posterity. Wherei'ore, Mr. Speaker, I must beg pardon, if at this time I cannot sit silent, but express a zealous con- cern as well for the kingdom in general, as for the place I represent in particular j and I am n»ore moved there- unto, whilst I see so many menihers sent liere by their country, for the conservation of the Englishmens' liber- ties, so wai'in as to part with ail to strangers with one vote. ■ ' «■ The argument of the honourable person near me, to render all the care of our fore-fatliers of no esteem amongst us, who are, or who ought to be,: the repre- sentatives of the kingdom, ^vas to prove that this age and generation are wiser (he did not say honester) than the tbrmer. »> I remember a west countryman, many years past, un- dertook to prove the siuno to nie, and my company beyond Sea, by declaring his tather w;is a fool to liiui j I yielded him that point, by concluding both to be suclij and yet our fore-fathers might be wise men. I shall not at this time question the wisdom of thos^ who promote the bill, or their fathers'. For myself, I tieclare in be- half of the wisdom and honesty of our predecessors, nor can I assent to the yielding up of the liberties and laws tliey derived unto ns, only because some gentlemen tliink better of themselves (and perhaps mistakenly) than of their parents. Sir, I was early instructed in a principle of defer- ence to the wisdom of our ancestors ; and at this time I tremble, when I reflect on the correction given me by •t A. p. 1^9A.] SIR JOIJN KNlCillT. 2S9 my nidHter, Uiat I might not forget, but imitate and de- fend in all times tliis rule: Let them only Ik? accomit- .. tic! good, just, ami wise men, who regurd and defend thft slatutcH, law»; ordinances, and liberties, which their tore- fathers' wisdom tmd' experience obtained for themselves and posterity. Now, it is my opinion, Mr. Speaker, that if those gcntloinen'wlio approve c^ this bill, had not only been taught that rule, but as wcH corrected as myself, Uiey would be of my Judgment; and I wish that they who depart from that rule, and sacrifice our Eng- lish liberties to a number of mercenary foreigners, may not meet vvitli a much more rigorous aiVd exemplary chastisement from tl^ieir enraged and ruined countrymei!. The arguments used for Hie bill, are in substance these: First, A want of purchasers tor our land. Second- ly, Of merchants. Thirdly, IVIannfacturers who can work cheaper than ti»e English. Fourthly, Husbandmen to till the ground. • ' r ' To all tliesc I shall rctmn short answers ; but if I de- bate not on them with that advantage and reason as our land admirals can (no doubt) with great .ingenuity on sea politics; I hope tlie l:w:)US€ will pardon me: for my observations never cost the kingdom such cxpcnce of money at liome, and losses at sea, as hath the experience of those honourable persons in sea affairs. ' First, it's argued by some, that we want pnrchascrs for the lands ; this is a melancholy consideration. 1 there- fore desire those gentlemen who approve of this bill, to tell me what it is hath brought us to this condition ; that the landed men of. England are reduced to so low an ebb, that they must sell, and none are left able to buy, unless foi'eigners are naturalized. Doth this prove our fore-fa- thers wanted understanding? Or doth it not rather con- elude itself occasioned by our want of it, and by our not following their examples, who never taxed their countiy to the ruin botli of themselves and their posterity ; nor did they expend the money of the kingdom on siieh al- \ies as oqrs; who, as we have been informed by some of i! (.1 240 Sin Jbii?: kniciit. [a. d. \G^, \h(i privy coiiui il, arc not in ojir interest, and will spajrt us nunc of their inen lor bm* pay, without grtjtt pen- sions Uke>\i6c tor themselves. Can any man hope td persuade me that our fore-fathefs mouUI iiavc brought tbreign ISoIdiers into England; and pay Uieui, and natu- ralire tin n» likewise} and at the some time send tlio English f;oldier8 abroad, to 6ght in a strange land, ^\itll- out their pay ? j». Let US iibttte our taxcj«, and, aftcf tlic ivist precedent of our fathern, pay our OA^n seamen and soldiers at home, anil send the foreigners back. Then the money will be fouhd eirculating at home, in such I'lniilishmens Jiands who may buy the lands that arc to l)e sokl, with- out naturaliKinjjf straligers. 1 Secondly^ Its said we M-ant hiorfc ttiPrauints : whom may we thabk for bringing so many to poverty ? l^ut I shall forbear grating, and desire the libferty to consider in short, how the trade of England hath iiitlierto been carried on. Gentlemen have placed their younger cliil- drcn to merchants : tlieii masters observing thei*' honesty and diligence, m hen they have gained some experience in the necessary parts of trade, generally send tijcni abroad to Turkey, all parts of the Levant, to Spain, Portugal, the East and West Indies, and all ])arts where England holds any considerable connnerce. There the young men arc cm])loyed by, and cntmsted with, the stocks anil estates of their musters and friends, m herci)v all parties, both the principals at home, and the factors abroad, arc advanlageil, and England enriched ; (for there, in the end, all centers ;) and at last, when they are satisfied with gain, they return to their native soilj their friends and relations, for ease and employment^ inukiuf?; room for a younger generation to succeed ill their profitable cujployments. 'ilius, hitherto, this king- dom hath advanced in riches, while foreigners could not with success plant their factories on us, through the ad- vantage we hail by our laws : let us but turn the tables, and consider the consequence. Suppose we pass this} A.i). IfllD^.J siTijoiix KXfcnr. 041 biIl,cin(!thcn(Ttch(uhoho doubt uil! tiilccthroartjsn.Mfiis' hill directs, ami protest against |)opcrv and paranisin, and on occasion Christianity too, as at JajKni,) send their servants and factors hitiicr, and we nattiruHze tiieni, and let the cafHtal stock, which gets an employ t(j these new- inade Englishmen) l)eIong to their masters and friends, M'ho never did or ever will live amongst us; will it not then follow, that the (n-ofit will be theirs, and'not Eng- land's ? and will not the new-made* I'lnglish (ytt Diitch- men »t,iU) return to their coiintry and iViends, with their gain, as our people hitherto have done? We may ob- serve by our inland trade, that it's seldom they who make the manufactures gahi estates, but those wiio cm- ploy their stocks in buying and selling what others make; and it's the same with the merchants ; those that export and import arc tlic gainers, the lirst nialvcr very seldom, the consumer never. The conclusion then of this experimf^nt must be this: Tliyt \Ahat hath hitherto been gain to England, by Eng- lisli merchants and factors, will be turned to a foreign lainl, by the foreign merchants being n»itiu*alrzed for ■ til' ir own, not England's advantai^c. }?ut this is not all : for at once the art of navigation ^vill be rendered useless. Whence then will be a nurscrv for seamen ? For foreign merchants will naturalise i'o- reign seamen; and, when the press-masters find them, they will Dutchen spraken ya mif/hcer, and avoid the service; but at the Custom-house, Exchange, and in aJi corporations, they will be found as. good Englislmien as any of this house. From -whence it followeth, that trailc will be only earri>. 242 SlttJOHN KNIGHT. [a.D;1694; the parish, whilst foreign soldiers are maintained at home and abroad witii their pay. . A third argument for admitting Ibreigners, is upon a sup- posed want we have of manul'acturers, especially such as Avill ^^ork eheaper than the Knglish. In my opinion, this reasoning is cxti'aordinary, and ought not to take air out of the h(iusc, lest the old English spirit should exert itself in defence of its liberties ; for at tliis time, Nyhen all provisions are become excessivo ttear, by the great quantities exported to Holland, which puts the poor English manufacturers on starving in most parts of Eng- land, for want of a full employ to enable them to support their families by tlieif honest and painful labour and in- dustry J shall an English parliament let in strangers to undersell our country ? which they may easily do, whilst they live in gaiTcts, pay no taxes, and arc bound to no chity. How shall we answer this to our country, who sent us here? When, by so -doing, instead of making tht; kingdom more j)opulous, we provide only for the sub- sistence of foreigners j and put our countrymen to the choice of starving at home, or to turn soldiers, and be sent to Flanders, and starve there Ibr want of their pay : for it's well know n, that at this time more commo- dities are made in England than can be consumed abroad, or at home ; which makes tlie poor manufacturers so miserable. All country gentlemen M'ithin this house, have for several sessions laboured what tliey could to raise the price of the provisions which their lands pro- duce; and some think it not great enough yet, and they would despise that man who should endeavour to lower the rates, by proposing a free iu'iportation of Irisli cattle and corn, though he hud no other design than tluit charitable and necessary one of relieving the poor; and yet these very gentlemen are iot tliis bill, because thev would have the labour of the poor brought to a lower advantage. In my opinion, this is a very unequal way of reasoning; that whilst we raise the i)iice of the pro- ; i' ' /■ A.i). \694.] MH JOHN KNrOlIT. ^243 duct of the land for the gentlemen to live in greater state, at the same time our consults arc how to make the half starved manufacturers that live by their daily tabour, more and more miserable. What opinbn will the common people of England have of this house, and the gentlemen t)f the kingdom, M'hom nothing can please but what is made by foreigners, or comes from abroad ? Our palates, for a iong time, have been so nice, that nothing but a French cook could pleast them; nor coultl we persuade ourselves that our cloathing was good, un- less from head to foot we were iwished them from the king's store* This exam- ple should teach ns to be wise in time, seeing all this was done by the advice of one foreigner in the privy council ; and wlmt may that country expect, where the head/ and many of the council, are foreigners. Sir, I perceive some gentlemen are uneasSy; perhaps I have offended them, in supposing they are religious re- presentatives, or concluding that their religion is to bo proved from tlie bible: if that be it which di^leaseth, I beg theii* pardon, and promise not to'oftend again on that score, and will ttwiclude all with this motion; That the Serjeant be commanded to open the doors, and let us first kick this bill out of the house, and then foreign- ers out of the kingdom. . ■ i • • . - , - ; - K,'^^i:i^:'X ji ' 'Whmt ■ \"»%:i ', «■ i- . ^- .•- ' ■f'-L: - . •■■. i-. ,' ■ ' "^ .t;> T IV ^nti»V*'l**'> j.r.\r ^ A ■ V 246 . /^UEEN ANNE. J ' [a-D. 17^1^ QUEEN ANNE Was the second daughter of James II. ; born in 1664, and tUed 1714. She came to the ci;own io 1701^ iiWiWjr^ja im^ .M i( ;!,t," An ClueehAhms Speech to both HousesT^ '' ' I CANNOT top much lament my own unhappmess in succeeding: to the ciown iinmicdiately after the loss of a king, who was the great support, not only of these Jcing- doms, but ofi aiU Europe. I am extremely seasiWe of the weight and ^i^fiiculty it brings upon me. '%■ j (^H'ui«>'i But the true concern I have for our reHgion, for the laws and liberties of England, for maintaining the suc- cession ofi tj^e crown to the protestant line, and the go- vernment in church and state, as by law established, en- courages mt in tliis great undertaking; which I promise myself will be successful, by tlie blessing of Qod, and the continuance of |iiat fidelity and affection, of which you have givcii me so full assurances. u'lj-fj' The present conjuncture of affairs requires the greatest application and dispatch ; and I am very glad to find in your several addresses, so unanimous a concurrence in tlie same opinion with me, that too much cannot be do it3 for the encouragement of our allies, to reduce the exorbitant power of France. ^. j • * V: a ; i I think it very neccsgary, at this time, to desire you to consider of proper methods for attaining an union be- tween England and Scotland ; which has been so lately recommended to you as a matter that very nearly con- cerns the peace and security of both kingdoms. Gentlemen of the house of commons, I need not put you in mind, that the revenue for defraying the expcnces qf the civil government is expired. I rely en- >:vi 176K A. D. 1705.] LORD BEUIAVEN. 347 tirely upon your tiffection, for the supplying of it in sudi a manner as shall Vc most suitable tor the honour and dignity of the crown. Aly lords and gentlemen, It shall be my constant endeavour to make you tlie best return for that duty and affection, wijich you have expressed to me by a care- ful and diligent administration for the good of my sub- jects; and as I know mine own heart to be entirely J-ng- lish, I can very sincerely assure jou,' there is not any thing you can exj>ect or desire from me, which 1 shall not be ready it) tlo for the happiness And prosperity of England ; and you shall always find me a strict and r(;ligious observer of my word; --.,»- 4^ -^ -.- ;i-!">I S:#f(S' ^^.(^^ m.tu t.h. LORD BELHAVEN. /^t^^-Wx.^ The following Speech is inserted in the debates of this period. Though it does not come regularly within the plan of this coljor-- lion, yet 1 thought I might be allowed to give it for the sake of diversifying the stile of the work, af.d as a curious record of national feeling. As to the stile, " it has the melancholy madness of poetry, without the inspiration." It has all the forms of eloquence, but not all the power; and is an excellent instance to she\^' how far mere vmiinvr will go. There can be little doubt but that this oration must have produced a very great effect ; and ,yet, there is nothing in it which any man might not say who was willing to indulge in the same strain of academic di-'scription. Hut -it adopts the language of imagination, mimics her voice and gestures, con- forms to her styl^ by 4 continued profusion of figure and perso- nification, ancj is full of that eloquence which consists in telling your mind freely, and which carries the hearer along with it, be- cause you never seem to doubt for a moment of bis sympathy, or that he does not take as great an interest in the question as you do. There is no captious reserve, no surly independence, no affected in- difference, no fear of cciuuiiitting yourself, or exposing yourself to ridicule by giving a loose to your feelings ; but every thing seems spoken witli a full heart, sensible of the value of the cause it es- pouses, and only fearful of failing in exj)ressions of zeal towards it, or in the resneet that is due to it. Perhaps, what 1 have here stated may serve to point out the characteristic difference b'itween the eloquence of the Fnglish and the French. The latter avail themselves of all the ad\ antuges that art and trick and adven- 'i. ■ ■ I c 48 . LORD BEL5IAVEN. [A.D. l/QS, j'o\v the subject of our deliberation at this time, I find ijiy mind croudetl with variety of melan- choly thoughts ; and 1 think it my duty to disburden my- self of some of them by laying the^i before, and ex- posing thein to the serious consideration of tliis honour-, eble house, ^f-'^m'^ t!."i..- :r.sttyif!r<« r,-!?, >., ■ I think I see a free and 'independent kingdom deli- %ring up that which all the world hath been fighting for since tlie days of Nimrod; yea, tliut for which most of A. D. all U dukei most powe out t It! ''.r-- A.D. 1706.] LOUD BtLUAVEN, 249 deli- all tlic empires, kiiigtloms, states, prijicipalities, and (lukedonis of ]i.uropc, are at this tiuie enip:igod in the most bloody and crnel >vais that ever were : to wit, a power to manage their pwn aftairs by theuisfelvig's, \>itli- out the assistance and counsel of any otlier, *^* I think I see a national church, tbmided upon a rock, secured by a claim of right, hedaed and fenced about by the strictest and most pointedlcgal sanction tiiat 8o- vereigrity could contrive, voluntarily descending into a plain, upon an equal .level witii Jews, Papists, Soci- nians, Arminians, Anabaptists, and otlier sectaries. I think I see the noble and honourable ))ccrage of Scotland, whose valiant predecessors led armies against their enemies upon their own proper chai'gcs and ex- pence, now divested of their followers and vassalages, and put upon such an equal foot widi their vassals, tJiat \ think I see a petty English exciseman receive more homage and respect than what was paid tbrmcrly to their (jiwncliim Mackallamores. -in^m' I think I see the present peers of Scotland, whose noble ancestors conquered provinces, over-run couur tries, reduced and subjected towns and fortified places, exacted tribute through the greatest part of England, now walking in the court of requests, like so many English attomies, laying aside their walking swordS when in company with the English peers, lest their selt-defencc should be found murd(?r. I think I see the honourable estate of barons,, tlie bold assertors of tiie rjation s rights and liberties hi the worst of times, now ,i>' >if)ii.'-'s> •■ • ,. ... I. ,'- . ' after all, finding their trade so fortified by compnni^^, ttnd secnred by prescriptions, that they dcspah* of any success therein. *^' I think I sec our Icanjed judges laying aside their pratiques and decisions, studying the common law of Enigland, gi-avcUed with cortioraris^ 7im priusuSy writs of errtn\ verdict. % iufunctiom'y deniwv, ^x\ and frighted with appeals an(i arocations^ because of the new rcgu-^. lations and rectifications th(;y may meet with. I thinJc \ sec the valiant and gallant soldiery cither sent to learn the plan;tation trade abroad, or at home petitioning lor a small subsistence, as a reward of theii: honourable exploits ; while their old corps arc broken, llie common soldiers left to beg». and the youngest Eng- lish corps kept standing. I think 1 seethe honest industrious tradesman loaded YiMi new taxes and impositions, disappointed of the equivalents, drinking water in place of ale, eating his saltless pottage, petitioning for encouragement to hia manufactures, anfl ans^^•ercd by counter petitions. In shortj I think I see tlic laborious ploughman, m ith his corn spoiling upon his hands, for Avant of sale, curs- ing the day of his birth, dreading the expcncc of liis bu- rial, and uncertain whether to ma^y or do worse. '■" ■ .1 tliink I see the incundile difficulties of the landed men, fettered under the golden chain of cquivalentSj tlieir pretty daughters petitioning for want of husbands, and their sons for want of employment. I think I see our mariners delivering up their ships to their Dutch partners, and what through presses and necessity, earaing their bread as underlings in the royal English navy. But above all, my lord, I think I see our ancient motlier Caledonia, like Cirsai", sitting in the midst of our senate, ruefully looking round about her, covering herself Avith her royal garment, attending the fatal blow^• and breathing out her last with an /'> tu qitoque mijili. ^ ^ ^ ^ « , ^ . . A.'P' 1 170^.] A.'P. \70G.] lOIlD BF.LHAVESf, SJl Arc not these, my lord, very aiflicting tlioughts ? An .(ioiiited to stand behind him, to warn him uot to be liigh minded, nor pulled up ivitlj over weenin*^ thoughts of himself; and to his chariot w€re tied a w hip and a bell, to remind him that for all his glory and graii- ♦leur, he was accountable to the people for his adminis- tration, and would be punished, as ot^ier men, if found guilty. .''^.«^:fi^^#.'*i'j>W)*^B*ii' The greatest honour amongst us, my lord, is to re- present tlie sovereigns sacred person in parliament; and iu one particular it ajipears to be greater than that of a triiini[)h, because the whole legislative power seems to 1x3 wholly entrusted with him. If lie give the royal assent to an act of tiie estates, it becomes a law obli- gatory upon tlie subject, though contrary or without any instructions from the sovereign. If lie refuse the royal assenl to a vote in parliament, it cannot be a law, tiioijgh he has the sovereign's particular jMid positive in- structions tor it. (si/.f*^* t;iif«/w*;^ .4s:;.n •*(;; His grace the duke of Queensbury, who now repre- sents her majesty in this session of parUament, hath had the honour of that great trust as often, if not more^ than any Scotchman ever had. lie hatli been tlie favourite A. p. 1706.] rORD BE I. HA VK?/. sJ^ of two Hue^!esBif« sov^^rdgWa,' and I cRnn6t bnt eoif^ mend his constancy and persefcrancc, that notwitti- stanfJhig his fonner difficultrcs and unsuccessful at- tempts, and 7}K7ugre sonte other specialties not yet de^'- terniined, that his graec has yet hud the resolution to iniidertake the most unpopular measurt^ last. If hU grace succeed in this affair of art union, and that it prove loF the happiness and welfare of the nation, then he justly merits to have a statue of gold erected ttjr himself; hut if it shall tend to the enth-e destruction and abolition of our nation, and tiiat we, the nation's trustees, will j^o into it, tlien I must say, that a whip and a hell, a cock, and a viper, and an ape, are but too fmall punishments for any such bold unnatural under- taking and complaisance. Tiiat I may pave a way, my lord, to a full, calm, and free reasoning upon this affair, which is of the last con- sequence unto this nation, I shall mind this honourable iu)»se, that we are the successors of our noble prede- cessors who founded out monarchy, framed our laws, amended, altered, and corrected tlicni from time to time, as the affairs and circumstances of the nation did require, without the assistance or advice of any foreign power or potentate ; and who, during the time of ^000 years, have handed them down to us a free indepcndoit nation, with the hazard of th(>ir lives and fortnncs.^ Sliall not we then argue for that ^vhich our progenitors' have purchased for us at so dear a rate, and Mith so inueh immortal honour and glory ? God forbid ; shall the hazard of a father unbind the ligaments of a dumb son's tongue, and shall we hold our peace when our patria is in danger ? I speak this, my lord, that I may encourage every individual men;l)cr of tliis house to spea-k their mhid freely ; there are many wise and pruT doiit men amongst us, who think- it not wortli their while to o{^)en their mouths ; there are others, who can speak very well, and to good purpose, wlio shelter tlicm- bclves under the shiimeiul cloak of silence from a fear ^H lonD BELiiAVEy. ' ' [a. b. Ifty^, t>f tlie frowns of great men and parties. I have ob- served, niy lord, by my experience, the greatest nuinbtT of speakers in the most trivial afTuirs ; and it w ill ah) ays prove so, while we eoir.c not tt) the right understanding ot' tlio oath dcfidcli^ whereby we are bound not only to give our vote but our faithful advice in parliament, as ue .should answer to God t and in our aticient laws, tlie representatives of the honourable barons and the royal boroughs are termed spokesmen. It lies upon your lordships, therefore) particularly to take notice of such, whose modesty makes them bashful to speak. There- tore, I shall leave it upon vou, and concludie this point with a very memorable saynig of an honest private gen- tleman to a great queen, upon occasion of a stJite pro- ject, contrived by an able statesman and the favourite to a great kin*;,, against a peaceful obedient people, be- t^ause of the diversity of their laws and constitutions : " If at this time tliou hold thy peace, salvation shall come to tlie people Irohi another place j but thou and thy house shall perish." I leave the application to each particular member of this house. jMy lord, I come now to consider our divisions; Wfi arc under the happy reign (blessed be God) of the best of queens, m ho has no evil design against the meanest of her subjects ; who loves all her people, and is equally beloved by them again ; and yet, that under the happy influence of Dur most excellent queen, there should be such divisions and factions, more dangerous and threat- nui<' to her dominions than if we were under an arbi- trary government, is most strange and unaccountable. Under an arbitrary prince all are willing to serve, because all are under a necessity to obey, whether they will or not. He chooses therefore whom he will, witliout respect to either parties or factions ; and if he think lit to take the advices of his councils or parliaments, every man speaks his mind freely, and the prince receives the faitliful advice of his people, without thf mixture of self designs ; if he prove a good prince.. A.D. 17t)6.] LORD DEtllAVEN'.. 253 the government is easy 9 if bad, citlicr death or a revo- lution brings a delivcrunre : wliercas licrc, my k)ni, there appears no end ot' our misery, if not prevented in time. l^Vctions arc now become independent, bikJI huve got footing in couneilS) in parliaments, in treaties, in armies, in incorporations, in families^ among kin- dred ; yea, man and wife are not free from their poli- tical jarsn It remains, therefore, my lord, tliat I enquire into tiie nature of these things ; and since the names s;ive us not the right idea of tiie tiling, I am afraid I stiall luiv« tlifticulty to make myself well understood. The names generally used to denote the factions, arc whig and tory ; as obscure as tliat of guelfs and gibc^ lius ; yea, my lord, they have different significations, as they are applied to factions in each kingdom. A whig in Enghuid is a heterogeneous a-eaturc: in Scotland he is all of a piece. A tory in England is all of a piece, and a statesman : in Scotland he is quite other- wise ; an anticourtier and antistatesman. A whig in England appears to be somewhat like Ne- buchadnezzar's image, of different metals, different cliisses, different principles, and different designs ; yet take them altogether, tliey are like a piece of some mixed drugget of different threads; some finer, some coarser, which after all make a comely appearancey and an agreeable suit. Tory is like a piece of loyal home made English cloth, tlie true staple of the nation, all of a thread ; yet if we look narrowly into it, we shall perceive a diversity of colours, which, according to tiie various situations and positions, make various apptarances. Sometimes tory is like the moon in its full ; as appeared in the aftan- of tiie bill of occasioned t;onfonnity. Upon other occasions, it appears to be under a cloud, and as if it were eclipsed by a greater lK)dy ; as it did in tiie design of calling over tlie illus- trious princess Sophia: however, by this we. may see tlieir designs arc to outshoot whig in his own bow. .. ,^,, Mi: 25^^ • idktt beuiaV^. fO' iTOrti Whig, in Scotlnnirf, ia a true bhie presliyteriim, m ho^ V ithout considering time or- power, will venture his all for the kirk, Init something less for the state. ^J lie greatest difticulty is how to describe a Scf>ts tory. Of old, when I knew them first, tory was an honest hearted comradi^h tellow, who, provided he was maintained and protected in his benefices, titles, and dignities, by the state, he was tlie less anxious who had the goveruihent ond* management of the church ; but now, what he is iincv. Jure dhino earner in fashion, and that Christianity, and by consequence salvation, comes to depend upon episcopal ordination, I profess I know not wliat to make of him ; only this I mu* t say for him, that he endeavours to do by opposition, tliat which his brotlier in England endeavours by a more prudent and less scrui>ulous me- Now, my lord, from these' divisions, there has got irp a kind of aristocracy, something like the famous tri- umvirate at Rome j they are a kind of undertakers and {)rftgnratic statesmen, who, finding their power and strength great, and answerable to their designs, m\i make bargains with om* gracious sovereign; tliey Mill serve her faithfully, but upon their mvn terms; they must have theiir ow n instnmients, their own measures ; this man mnsf. be turned out, and that man put in, and then they will make her the most glorious queen in Europe. Where will this end, my lord ? Is not her majesty in danger by such a method ? Is not the monarchy in dan- ger? Is not the nation's peace and tranfjuillity in dan- ger? Will a change of paities make the nation more happy ? No, my lord. The seed is sown, that is like to af- ford us a perpetual increase : it's not an annual herb, it ti\kes deep root ; it seeds and breeds, and if not timely prevented by her mc»jesty"s royal endeavours, \\i\\ split the whole island in two. - ^';- •>, ? * My lord, I think, considering our present circum- stances at this time, the Almighty God has reserved A.D.170G.] LORD BELHAVfifri^i ^ST this great work for us. We may bruise thia hydra of di- vision, and crush this cockatrice s egg. Our neighbours in England are not yet fitted for any auch thing j they are not under the aiHicting hand of providence, as wc are ', their circumstances are great and glorious ; tiieir trea^ ties are prudently managed, both at homfc and abroad ; their generals brave and valorous, their armies success- ful and victorious ; their trophies and laurels mcmorablcf and surprising ; their enemies subdued and routed their strong holds besieged and taken ; sieges relieved, mar- shals killed and taken prisoners ; provinces and kingdoms aie ^e results of their victories ; their royal navy is the terror of Europe; their trade and comir»erce extended throiigh the universe, encircling the tvhole habitable world, and rendering their own capital city tlio empori- um for the whole inliabitants of the eartFi : and which" is yet more than all these things, the subjects freely be- stowing their treasure upon their sovereign ; and above all, these vast riches, the sinews of war, and without which all the glorious success had proved abortive, these treasures are managed with such faithfulness and nicety, that they answer seasonably all their demands, though at never "so great a distance. Upon these consi- derations, my lord, how hard and dirficult a thing will it prove to persuade our neighbours to a self-denying biil. Tis quite otherwise with us, my lord, as we are an ol)scure poor people, though formerly of better account, removed to a distant corner of the w orld, witliout name, and without alliances : our posts mean and precarious ; so that I profess I don't think any one post in the king- dom worth the briguing after*, save that of being com- missioner to a long session of a factious Scots parlia- ment, with an antedated commission, and that yet ren- ders tlio rest of the miuisteiLi more miserable. What hinders us, tiicn, my lord, to lay ai'ide our divisions, ^ * Seeking for. VOL. I. 258 LORD BELHAVEN. I'a.d. 1706. to unite cordially and heartily together in our present circumstances, when our all is at stake. Hannibal, my lord, is at our gates — Hannibal is come within our % gates — Hannibal is come tlie length of this table — He is at the foot of the throne. lie will demolish the throne, if wc take not notice. He will seize upon these regalia. He will take them as our spolia opima, and whip us out of tliis house, never to return again. . , ij For the love of God, then, my Lord, tor the safety and welfare of our ancient kingdom, whose sad circum- stances I hope we shall yet convert into prosperity and ' happiness ! we want no means if we unite. God blessed tlie peace makers. We want neither men, nor sufficiency of all manner of tilings necessaiy to make a nation happy. All depends upon management ; concor- ' dia resparvcE crescunt. I fear not these articles, though they were ten times worse than they are, if we once cordially forgive one another, and that according to our proverb, Bygmies be Bygones^ and fair play for time to come. J or my part, in the sight of God, and in the presence of this honourable house, I heartily forgive every man, and beg that they may do the same to me ; and I do most humbly propose, tiiat his grace, my lord commissioner, may appoint an agape, may order a lov ? fesist for this honoura.l)le' house, that we may lay aside iUl self designs, and after our fasts and humiliations, may have a day of rejoicing and thankfulness ; may eat our meat with gladness, and our bread with a merry heart : then shall we sit each man under his own , fig-tree, and the voice of tlir^ turtle shall be heard in our land, a bird famous for constancy and fidelity. &;i;<^i .Wt^ i-i A. b. 1714.] CEbiGfe ti'^ r ^59 ... ,f;,.-. i t- 4k GEORGE I. Was the son df the Elector of Handver, by Sophia, grand-daugh- ter of James I. He was born in 1660; and succeeded queen Anne, in 1714. He died suddenly, abroad, in 1727. He talks of the throne of his ancestors with a pious simplicity. , J^/ ^ !^> ^Or?f^jii• A Tlie branches of the revenue formerly gi-anted for tlie su])port of the civil government, ai'e so tar incumbered and alienated, that the produce of the funds ivhich re- main, and have been granted to me, will fall much short of what was at first designed for maintaining the honour and dignity oi the crown ; and since it is my happiness (as 1 am confident you think it yours) to see a prince of Wales, who may in due time succeed ine on the tlu'one, and to see him blessed 'with many chil dren, tlie best and most valuable pledges of our car.^ and concern for your prosperity, this must occasion an expence to which thq nation has not of many years been accuaton'icd, but such as sui'ely no man will grudge ; and therefore I do not doubt but- you will think of it with that afixjction which I have reason to hope from you. My lords and gentlemen, The eyes of all Europe are upon'you, waiting tlie iasue of tk'in tirst session. Let A. D. 1715.] EAllt Ot OXFORD. 2^r no unhappy divisions of parties here at home, divert ydu from pursuing the common interest of your coufi-^ try. J^et no wicked inshiuations disquiet the minds of my subjects. The established constitution in church and state shall be the rule of my government. I^hei happiness, ease, and prosperity of my people, shall be the chief care of my life. Those who assist nic in car-' rying on these measures, I shall always esteenl iny best friends . and I doubt not but that I shall be able, witit your assistance, to disappoint the designs of those who would deprive me of that blessing which I most value^ the affections of my people. ROBERT HARLBY, ' (Eldest Sou of' Sir Edward Ilarleif, and afterwards Earl of Oxford;) ; Was born l66l, and died 17'24. His politics in the latter part of the feign of queen Anne, rendered him obnoxious in the succeiMl- iisg reign; and in 1715, he was accused of high-treason, but was at length acquitted, lie was the friend of Swiit. .T linh::. ;. J ;■ I* The Earl of O.rfords Defence btfbre the House . , of Lords. „ .. .^, , ■.\:i-i ^.Ir My Lords, . - . ■=' : It is a very great misfortune for any man to fall under the displeasure of so great and ri>weiful a body as the couimons of Great Britain : and this misfcntune is the heavier upon ine, because 1 had the honorf to be placed at the head of the late ministry, and muat now, it seems, be made accountable for all the measures that were tlien pursued ; but, on tlie other hand, 'tis a very great comfort to me under tliis misfortune, thai I have the honour to be a member of this august assembly, an ^63 EARL OF OXFORD. [a. D. 1715, assembly which always squares their proceedings and judgments by the rules pf honour, justice, and equity ; and is not to be biassed by a spirit of party. My lords, I could say a great deal to clear myself of the charge which is brought against me : but as I now labour under an indisposition of body, besides tlie fatigue of this long sitting, I shall contract what I have to say ip a narrow compass. This whole accusation inay, it seems, be reduced to the negotiation and con- clusion of the peace. That the nation wanted a peace no body will deny ; and I hope it will be easily made out that the conditions of this peace are as good as could be expected, considering the circumstances wherein it was made, and the backwardness, and reluctapcy which some pf th(B allies shewed to come into the queen's measures. This is certain, that this peace, bad as it is now repre- sented, was approved by two successive parliaments : it is, indeed, suggested against this peace, that it was a separate one ; but I hppe, my lords, it will be made apr pear that it was general, and that it was France, and not Great Britain, that made the first steps towards a negociation : and, my lords, this I will be bold to say, that during my whole administration, the sovereign up- on the throne was loved at home, and feared abroad. As to the business of Tournay, whicli is made a ca- pital charge, I can safely aver, that I had no manner pi share m it. and that the same was wholly transacted by that unfortunate npbleman, who thought fit to step aside : but I dare say in his behalf, that if this charge could Ije proved, it would not ampunt to treason. For ' my own part, as I always acted by the immediate di- rections and commands of the kte queen, and never of- fended against any known law, I am justified in my ow n conscience, and unconcerned Ipr the life of an insignifi: c »nt old man j but 1 cannot, without tiie highest ingra- titiule, be unconcerned for the best of queens ; a queen who iieaped upon me honours and preferments, though I ^icver asked for them : and therefore 1 think myself uur A. D. 1715,] SIR THOMAS HANMER. 2<)3- (Icr an obligation to vindicate her memory, and the measures she pursued, with my dying breath. My lords, if ministers of state, acting by the imme-' diate commands of their sovereign, are atlerwards to* be made accountable for their proceedings, it niay, one* day or other, be the case of all the members of this au- gust assembly; I don't doubt, therefore, that out of re- gard to yourselves, your lordships will give me an equitable hearing; and 1 hope that, in the prosecution of this inquiry, it will appear that I have merited not only the indulgence, but likewise the favour of the govern-, ment. My lords, I am now to take my leave of your lord- ships, and of this honourable house, perhaps for ever. * I shall lay down my life with pleasure, in a cause fa- voured by my late dear royal mistress : and when I con- sider that I am to be judged by the justice, honour, and virtue of my peers, I shall accjuiesce, and retire with OTeat content. And, my lords, God's \^ ill be done. SIR THOMAS IIANMER, '■'•;h (Member for Sitf oik,) ,rmm^^^:nm. Was bc/n in I676 ; he was chosen speaker of the house of commons in 1713, and iheU in 1746". He published an edition of Shakes- peare. He WHS a very rtf-pectablo speaker. The following ad- dress contains a sort of suuunary of the politicg of the day, and' gathers up the " threads of shrewd and politic de/ign" that . were SHitpped short at thu end of the preceding reign. '' The Speaker s Address tp the Throne. Most Gracious Sovereign, .. /. , Your majesty's most dutiful and loyal subjects, the knights, citizens, and burgesses, in parliament assembled* 364 Sia THOMAS llANMikR. [a. D. 1715* have now finished tlie supplies granted to your majesty fertile service of tliis present year. Your commons had much sooner offered these supplies to your majesty, had not their zeal for your majesty's service, and the duty tljey owe to tlieir country, led them into inquiries which have drawn this session to an unusual Icngtli. , But your commons could not sec without the utmost indignation, the glories of herlato majesty's reign tarnish- ed l>y a treacherous cessation of arms, the faith of ti'eaties violated, that ancient probity for which tlie Eng- lish nation had been justly renowned throughout all ages, exposed to scorn and contempt, and the trade of tlie kingdom given up by insidious and precarious treaties of commerce ; whilst the people, amused with new worlds explored, were contented to see the most advantageous branches of their commerce in Europe lost or betrayed. Such was the condition of this kinsrdom, when it pleased the divine providence to call your majesty to the throne of your ancestors ; under whose auspicious reign your commons with pleasure behold the glories of the Flantagencts (your majesty's royal ancestors) revive, and have an unbounded prospect of the continuance of this happiness, even to the latest posterity, in a race of princes lineally descended from your majesty. ;1 i'And that nothing might be wanting on the part of yom' commons to establish your majesty's tlirone on solid and lasting foundations, they have applied them- selves with unwearied diligence to vindicate the honour of the British nation, and to restore a mutual confidence between this kingdom and its ancient and faithful allies, by detecting the authors of these pernicious counsels, and the actors in these treacherous designs, in order to bring tliem to justice by the judgment of their peers, ac- cording to the law of the land and the usage of pailia- ment. It was not to be expected but that the enemies to the nation's peace would use their utmost endeavours to obstruct your commons in these inquiries; butdespair- A.D. ingof dom, peopl vasior fresh jest/^ then- were' such in ev( prete ed, b holy ^v. A. D. 1715.] SIR THOMAS HANM£R. Qt§^ ing of aiiy success in tlic i epresehtutive body of the king- dom, tiiey foinenjed tumults among the dregs of the people at home, and spirited up the pretender to an in- vasion from abroad. This gave your faithful commons fresh opportunities of shewing their affection to your ma- jesty's person, and their fidelity to your government, by their unanimous concurrence in granting such supplies as were sufficient to disapi)oint the one, and by their passing such laws as were neccessary to suppress the other ; and ' in every respect to express their abhorrence of a jwpish pretender, concerning whom notlnng remains unsuspect- ed, but his bigotry to superstition and his hatred to our holy religion ; for the advancement of which your ma- jesty has expressed your pious care, by recommending to your commons tlie providinj^ maintenance for the minis- ters who are to officiate in the new churches. This your commons readily complied with, trusting that tiie prayers tlierc offered to the Almighty will bring down a blessing on all your majesty's undertakings ; and not doubting but that the doctrines there taught will be a means to secure the quiet of your kingdoms and the ol)edience of your people. The revenue set apart for the uses of the civil govern- ment your commons found so much entangled with mortgages and anticipations, that what remained was far from being sufficient to support the honour and dignity of the crown. This, your commons took into serious con- sideration ; and being truly sensible that on your majes- ty's greatness the happiness of your subjects entirely de- pends, they have put the civil revenues into the same state in which they were granted to your majesty's glori- ous predecessor king William, of immortal memory, and thereby enabled your majesty to make an ample pro- vision for the prince of Wales, whose heroic virtues arc the best security of your majesty's throne, as his other personal endowments are the joy of all your faithful subjects. I should byt ill discharge the trust rej osed in me by im SQ6 sin RICHARD STKKLK. [a. D. I/IO'. the commons, did I not* lay before your majesty with >vhut chccrt'uliu's.s they received your majesty's gracious intentions for lier royal highness the princess, and with how much readiness and unanimity they enabled your majesty to settle a revenue suitable to the dignity of a princess, whose piety and steady adherence to the pro- testant religion is the glory of the present age, and will be the admiration of all future generations. SIR RICHARD STEELE. -^^«^f f Was born at. Dublin, though the your in which he was born is not known, and died in 17 ^'9. He was member for Rcroughbridgo in Yorkshire. I huvo made the following extract less for the sake of the speeih than thv speaker ; for I could not pass by the name of an utithor to >\hom we owe two of the most deliyhtfiil bonks that ever were written, the Spcrtator aw\ Ttttler. As u party man, he was a most furious whig. V-- ' ii <■*..,•,• ..i.'vt» fi;.;,| .1 ?/• '■' '■rt' ' i-.(i.* Mr. Speaker, It is evident that new c.liosen annual parliaments were never the custom or rigiit of this kingdom ; it remains therefore only to consider now that there is a law which makes parliaments meet, as of course, at such a stated time, whether the period of tnrec years has answered the purposes intended hy it r 'I'he preamble to the triennial act expresses tliat it was introduced into the constitution for the better imion and agreement of the king and his people ; but it has had a quite contrary eftect : and ex- perience has verifu;d w hat a great man (meaning the late earl of Sunderland) said of it when it w as enacted: " That it hud made a tiiennial king, a triennial ministry, a tri- ennial alliance." \\g feel this in all occurrences of state ; and they who look upon us from abroad behol(j[ the struggle in which we are necessarily engaged from time to time under this law : ever since it has been enacted A, 1). 1710'.] 8Ul lUCJlAUDSTKKLE. ^^7 t the nation has been in a scries of contentions. The first year of u trienninl parliament has been spent in vindictive tleeisions, and animosities abont the lute elections j the second session has entered into business, but rather with a spirit of contradiction to what tht> prevailing set of men in fonner parliaments had brought to [lass, than of a dis- interested zeal lor the connnon good. 'I'iie tliird session languished in the pursuit of what little was intended to be done in the second, and the approach of an ensuing election teirilied the members into a servile manafie- nient, according as their respective principuis Mere dis- posed towards the question before them in the house. Thus the state of England lias been like that of a vessel in distress at sea ; the j)ilot and maiiners have been w iiolly employctl Ifi keeping the ship from sinking ; the art of navigation was useless, and they never pre- tended to make sail. It is objected, That the alteration proposed is a breach of trust : The trust, sir, repose(i HI us is tliat of the jniblic good, the king, lords, and com- mons, are the parties who exercise this trust ; and uh(n ' the king, lords, and commons exercise this trust by the measure of the common good, they discharge thcujselves as well in the altering and repealing, as in the mnking or confirming laws. The period of time in this case is a subordinate consideration, and those gentlemen wlu) nrc against the alteration, speak in too pompous a t-tylc when they tell us we are breaking into the coustitiitiou. It has been farther objected, that all this is only giving great power to the ministers, -who may make an arbitrary- use of it. The ministers are indeed like other men, from the infirmity of human nature, liable to be madei worse by power and authority ; but this act gives no addition to that authority itself, though it may possibly prolong the exercise of it in them. They are neverthe- less responsible for their actions to a parliament, and the mode of enjoying their offices is exactly the same. Now . •when the thing is thus, ar.d that the period of three years is found, from infallible experience, itself a j)eriod tliat Hi ^^^^^^^^^^^^^^^^^^^^^^^^HHH^I Bp9 fS^^^^^^^^^^^^^^^I ^^E^'^ '{ JrKV jj I^I^^^^^^^^^^^^^^^^H MfflnSl Hf^m^^HHJJiJH^^^^Hi^^^liillliii^HI IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■^ 12.2 ^ us. mil 2.0 1.8 1.25 1.4 i'-6 < : 6" — ► Hiotographic Sciences Corporation v 4-^ <> <> 33 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 ) L 268 SIR THOMAS HANMER. [a. t). 1717. caii aiTord us lio good, where shall we rest? The ills that are to be done against single persons or communi- ties^ ai'e done by surprise^ and on a sudden ; but good things are slow in their progress, and must wait occasion. Destruction is done with a blow, but reformation is brought about by leisurely advances. All the mischiefs which can be wrought under the septennial act, can be perpetrated under tlie triennial ; but all the good which may he compassed unjicr the septennial, cannot be hoped for under the triennial. We may fear that the ministers may do us harm ; but that is no reason why we should continue them under a disability of doing us good. For tliese considerations I am unreservedly for the bill. 1* * SIR THOMAS HANMER*. If t|iis speech docs tibt contain good sound English sense, I do not know where we shall look for it. His Speech on the Ucduction of the Army. f Mr. Speaker; • I CANNOT forbear troubling you with a few- words upon the subject, though I can neither flatter myself with tl)e hopes of convincing any one, nor pretend to be able to olier any thing to your consideration which has not in a better manner been urged already. But 1 am truly concerned for the mischiefs which 1 thmk we are giving S\ ay to ; and if I cannot prevent them, it will be a satis- ij^ctionto me at least to protest against them., 'm&il All gentlemen who have spoke in tliis debate, liavc for all their different opini(Mis agreed in one thing, to press very much the argument of danger j aixl the only ques- tion is, on which side tlie danger lies; whether to tlie go- vernment \\ ithout a military force to support it, or to the constitution and liberties of Great Britain, from that mi- litary force, if it be allowed to continue in it. }i<*; « • See page q63. A. D. 1717.] Sni THOMAS HANMIR. 269 As to the dangers which tiireaten the government, I think I am not willing to overlook them. But I hope we maybe excusedif we cannot be convinced of dangers which no man that I hear pretends to explain to us. "^ 7?: Abroad, the state and circumstances of Europe happeh to be such, that I think it is hard to suppose a time pos- sible when there shall be less appearance of appre- hension of any immediate distuii)ancQ to this kingdom. The three great powers, those which are most consider- able in themselves, and of nearest concern to us, I mean the Empire, France^ and Holland, are so far from being at enmity with us, that they are all of them our fast friends and allies at least ; we are told so, and liear very often a great deal of boasting upon that subject whenever the administration of the government is to be extolled, and the merits of it are to be set forth to us. tlpon those occasions we hear of nothing but the wise and useful treaties wluch have been made ; the great influ- ence which we have acquired in foreign courts and coun- cils, and the solid foundations which are laid for our security. But when in consequence of these great things we come to talk of reducing forces, tlien I observe the language is quite turned tJie other way; then we are in tlie weakest and most inseaire condition imaginable ; tliere is no dependence upon any thing, and we must even be tlxMight disaffected to the government if we will not believe tlmt we are surrounded on all sides with the greatest dangers. But in the midst of these contrarieties and contradic- tions, I think we need not be at any loss what our con- duct ought to be, if we will but have regard to those plain rules and maxims which have always been observed in the like cases with that which is now before us. It would certainly be an endless thing for a house of commons to enter into the secrets of state, and to debate upon the different views and interests and intrigues of foreigpi courts ; what jealousies are among them, and what treaties are qn foot to reconcile them. If we take '■%-,. SIR THOMAS IIANMER. [a. D, I7I7, C70 such things into our considerution, to guide us in qncs- tioMS concerning our ow n t;»mrcls and garrisons here nt home* we shall be in a labyrinth indeed, and must be compelled at last to put an absolute trust in the govern- ment, because they only know the truth of such matters, and from tiiem we must be content to receive whatsoever account they think fit to give us of them. But the only thing proper for us to look to is, what is plain and obvi- ous to the sense of all mankind ; I mean, whether it is a time of present peace. There need no refmements of politics to know that ; and I will venture to say, that during such times of peace no remote fears, no argu- ments drawn from contingencies of what may be here- after, have ever yet brought this nation into a concession so fatal to liberty as the keeping up of standing forces, when there is no other employment for them but to in- sult and oppress their fellow subjects. 1 say there has hitherto been no pi'ecedent of that kind, and the mis- fortune of this case is, there will need but one precedent in it ; one wrong step taken in this particular may put an end to all your claims of rights and ffrivileges. »>>** i. And on the other hand, I beg it may not be taken for granted, that if we dismiss our soldiers we shall therefore leave ourselves naked and void cf all protection against any sudden danger that may arise ; no, sir, providence has given us the best protection, if we do not foolishly throw away the benefit of it. Our situation is our na- tural protex;tion ; our fleet is our protection j and if we could ever be so happy as to see it rightly pur.su(jd, a good agreement betwixt the king and people, unithig and acting together in one national mterest, would be such a protection as none of our enemies would ever hope to bix.>ak through. It is a melancholy thing to me to hear any other notions of government advanced here, and that his majesty, either from his private or his general council, shoidd ever upon tlus subject have anything in- culcated in him but this great truth : That the true and only support of an English prmce does, and ought to con- A. T>. 1717.] SIR THOMAS HANMKR. «7l sist, in the affections of his people. It is tlmt shonid strengthen hi» haiuis, it is thatsiiouid give him credit and autliority in tlic eyes of other nations ; and to think of doing it by keeping a nuinhcr of huid forces iiere at home, such a number as can liave any awe or intitienca over the great po.vers on the continent, is, I tliink, one of the wildest ima<;pnati(ms that ever entereers contained in the estinjate, and in the question before you, do make an army formidable enough, and able to enslave this nation ; of which indeed tliere remains no doubt with me. In thf^ tnaimcr those forces are constituted, I think a prince who would wisii to be arbitrary could desire no more ; and if he had all the power in his own hands, I think for his own sake he would keep no more. ? Of what nature the reductions have been, otlicr gen- tlemen have so fully explained, and I believe it so gene- rally understood, thiat it will be needless for me to dwell upon it J but the short of the case is this ; that out of thirty-two thousand men, thirteen regiments only have been disbanded, which do not amount to more tlian five or six thousand, besides a few invalids, which w ere taken from the establishment of the army and put upon tlie establishment of the hospital ; so that there are tlie corps now subsisting of more than twenty-iive-thousand men, which corps may be filled up to their entire com- plement whensoever the government pleases, and tiiat even without any noise or notice taken, lor the case is very different in that respect, where the regiments are few, and those kept complete ; there, if tlie numbers al- lowed by act of parliament are exceeded, it must be by raising new regiments, which is easily seen and known ; but where the cori)S are kept up wiUi only a few men in them, and some recruits will always be necessary for them, there, if the government is willing to be at tlie charge, they may keep tlie numbers up to what they ■■>>■ ft; AIM. 1717] SIR THOMAS HANMF.R. £73 please, and it is impossible to know when the parliu- tncntary stundard is exceeded, and whm not. Thus theret'ore stands our account : In tiie first place tiie public is to pay eighteen thousand men ; in tiie nexl place the number of effective men is to, be sixteen i\*4if: sand three hundred forty-seven, and if those are not sufU- cicnt to exercise dominion over us, yet iu tho jnunuer they arc kept together, they are equivalent to twenty- five thousetnd men; tlic charge is inconsiderably 1ms, and the terror, which is the main thing, is ,^ut a?' jili abated. ' ' i a^ y For the taking this danc^ertyus step, the only justrftca- - tion 1 hear gentlemen offer for themselves, the only Shel- ter they fly to, is the great confidence which is t() be re- posed in liis majesty a Just and gracious intentiohft. Of thosfe I will efitertain ho doubt ; I believe his mtijcsty is too good to be suspected of any arbitrary designs. But yet tliere is a general suspicion which 1 will never be ashamed or afraid to own, because it is a sus|)icion inter- woven in our constitution ; it is a suspicion upon which our laws, our parliament, and every part of our govern- ment is founded ; which is, that too mUch power lodged in the crown, abstracting from the ^er^oti' thrtt weais itj . will at Some time or other be abused in the exercise of it, and can never long consist with the natural rights and liberties of mankind. And therefore, whatever opinions we have of his majesty's goodness, and how much soever he deserves them, we should still consider, that in this place we are under a distinct dnty to our country ; and by that duty we should be as incapable of giving up siicll an unwarrantable trust, as his majesty, I am persuaded, ; would be incapable of abusing it, if he had it in his hands..'. Those we represent will expect, and they ought to ex- pect from us, that they should not only continue to en i joy what belongs to them as Englishmen, but that they/ should hold it still by the same tenure : their estates, thcirU lives, and their liberties, tliey have hitherto possessed as tlicir rights, and it would be a very great and sad change, VOL. r. T 274 Slil ROBUIT WALPOLE.** [a.H. 17 19. and such as shpU never have my consent along with it, to make them only tenants at will for them. MR. {afterwards SIR) ROBERT WALPOLE, Was born at Houghton, in KorfoMc, in I674, and died 1745. Iti • 1700, he was chosen member of parliament for Lynn. In 1705, hf was appointed secretary at war ; and in 1709« treasurer of the f navy ; but, on the change of ministers, he was yoted guilty of ,; corruption, and expelled the house. The whig party strenuously supported him i and he was re-elected fur Lynn, though the elcc* tion was declared void. At the accession of Gebrge L he was . made paymaster of the forces ; but two years after he resigned, and joined the opposition, Another chahge taking place in y' 1725, he took the lead in administration, being chosen first lord .^ of the treasury, and chanceUor of the exchequer. He main- r tained himself in this ^itniation till 1742, when he resigned, and ^ was created earliof Oxford, with a pension of 4,000/. a year. ^r Sir Robert Walpok /'^_ Endiavouhep to confute all that had been offered in Ikvour of this bill* ; he took notice, that among the Ro- mans, the wisest people upon earth, the temple of fame was placed behind the temple of virtue, to denote that Uicre was no coming to the former, without going through the other ; but that if this bill passed into a law, one of the most powerful incentives to virtue i\'ould be taken away, since there would be no coming to honour, but through the winding sheet of an old de- crepit lord, and the grave of an extinct noble family : that it was matter of just surprize, that a bill of thi^ natiue should either have been projected, or at least promoted, by a gentleman whOj not long ago, sate amongst them, (meaning lord Stanhope,) and who liaving got into the house of peers, would now shut up the door after him .* that this bill would not only be a discouragement to A Bill to limit the number of Peers. ..*■-.■ I A.pk 1719.] SIR BOBSllT WALFOI^E. 275 virtue and merit, but also endanger our excellent con- stitution ; for as there was a clue balance between tlie three bitches of th6 legiiUature, if any more weight were tlirowninto any one of those branches, it would destroy tlitiit balance, aod consequently subvert the whole constitution : that the peers were already possessed o^ many valuable privileges, and to give thend more power and authority, by limiting their number, would, in time, bring bacJc th^ eotpmop? into the state of the servile dependency they vvere in when they wpre the badges of the lords ; that he coifld not but wonder, that the lords would 9end such a bill to the commons : for lipw could ^ey expect ti^at the cpmmops yvQuld g|ve their concm:r«3ico to 99 jnjuFW'tf a law, by which 4ey and their posterities are to be excluded from the peer- age ? and how would the lords receive a bill by which it should be enacted, that a baron should not be made a viscount, nor a viscount be made an earl, and so on ? That besides all this, that part of the bill which related to the peerage of ^otliand) wppld be a manifest viola- tion of the act of union, qn the part of Engird, ^fi4 a dishonourable brea^ih of tru^t, in those who repre- sented the Scots nobility ; tliat sucjh an iniiingemept of the nnion w ouid endanger the ^tire dissplutipn of it, by disgusting so great a number of the Scots pe^rs b» should be excluded from sitting in ttie British pi^lia- ment ; for as it was well known, tl^at the revolution setr tlenient stood upop the principle of a mutual compapt, if we should ^rst break tl)e tirtifil^s of unicvn, it would be natural foy the Scots to think jtbemselves thereby freed from all a|^egii^nce ; and as for what ha/i^ beeri suggested, that #ie §;lectioa of the ^ixt^eo Scots peers was no less exper^^ive to the crown, than injuriovis to the peerage qf Scotland; it might be answefed, that the makipg twe;nty-five iiereditary sitting Scots peers, would still increase the d^coyatexits of tiie e^c^ing pe^rs, who t^^e^eby would be cut pff fropi^ valuable consi- deration, for inot bei»>g ctpsen. "M'iUt^ 1. ^ 97Q Atsrtdp or RrtCHKSTF.R. [a.d. 17ca ^tt,n t r- If V'^'i wo ■^•\v(tnl>(h rvi.!.; tf:>' tJ ' f\iift " niS .♦< •lof' VHM (; k^fl !»' Kiiif vn,iFRANCIS AITERBURY, (BMbptf Rveheater,) ij^ iWas born in ]66Q. Plis «lo<}Uflnce brought him early into nolirr. IIi» politicul principles wvre very violent, and engaged him in \l Bevcrul controversies. lie assisted Dr. Suchevcrel in drawing up i* his defence. When the i-ebcllion htoke out in 1715, he and bishijp '"' Smalridge refuted to sign the Declaration of the bishops ; and , in 1722 he was apprehended and conamitted ta the Tower, ou • suspicion of being conc«rned in some plot to bring in the I're- -■ r tender. He was sentenced to be banished for .life, and left the '_ kingdom in 1753. He died at Paris in 1732. He is now chiefly remembered as an elegant writer, and as the intimate friend d' Pope and Swift. The following is the conclusion of his defence before tlie house of lords. fi'jtfevtki^ttb#'don^ld4i* the improbability, as well Els in* |-consistency of the charge brought against me without ^.'positive proof. You will allow me to answer the indict- - tnent in the same manner ad it is laid. *< Is it probable, that if I wei'e engaged inr any such de^ ^^isign, h6' footsteps should be seen of any correspondence 1;;I had Hvith the late dukfe of Ormond, to whom, of all ■: pehdns abroad, 1 was best known, and to whom I had * the greatest regard, and still have all the regard that is Jkrofiisistent with my duty to my kinw and country ? v^'** Is it probable that I would chuse rather to engage ^Mnsuch a design with Mr. Dillon, a military man I never *saw, and with the earl of Mar, whom I never conversed , ij with, except when he was secreftary of state ? J" Did I not khow, what' all the world- thinks, that he /"iiad left the pretender sev€i*al years, and had a pension J abroad ? Is tfiis a season for me to enter into conferences ■ with him about restoring the pretender ? and to do this not by messages, but by letterSj liot sent by messengers', \ .> A. D. 1723.] BISHOP OF ROCHESTER. .1277 ' • .. '■'. " but by the common post? That by t!'.u» writing tohini by the post, I should advise him after the saiiic manner to write to me ; and by these means furnish opportunities towards detecting tiie persons and bringing myself into danger ? How doth that cor^ist with the caution and secrecy which are said to belong to me ? Must not I have been rash to have laid myself o]\tt\ in sucli a manner? This is an inconsistent scheme, the otiier a bold assertion. Is it probable, when attending the sick bed of my wife, and expecting her deatli, not daily, but hourly, that I should enter into negociations of this kind ? There was no need of dispatching any of thofsc threq ^ letters, merely to excuse my not writing : the circum-r stances of my family had been a sufficient apology, and more effectual. Is it probable, tliat when I was carrying on public buildings of various kinds at Westminster, and ikomley, consulting all the books from the Westminster Founda- , tion, engaspng in a correspondence with learned men, about settling an important point of divinity, at that very time I should be carrying on a conspiracy ? Those that entertain such thoughts without reason, may also cftii;^ denm mc without argument. ', Is it probable, that I should meet and consult, in order to carry on and forward this correspondence, with nq body, and no where ? imi w mmy\wm 'ho idu- That I, who always lived at home, and except {it dinner time never stirred out of my chamber, receivecl ^11 persons that visited me, and was denied to none, should have an opportunity to be so engaged ? And if I had, that none of my domestics and friends should ever observe any appearance of any such thing ? No evi- dence among my papers, though they were all seized at both my houses, and confining all my servants but one, for about ten or eleven weeks, searching him twice in the tower, and searching myseltj nothing of consequencq appears, nor is there any one living witness that, charge^ nic with any thing that is really tru^.^ -^iStH^'^nw "m\5j ^Mt' V fi7ft UtrnO? 6f ftOCHESTER. [a. 6. 1723 .♦ ' ' Is It probable that \ should form and direct a conspi- racy, and carry it on with any succcrs, that am not used to arms, whith 1 am no more acquainted with, than m Hh th^ persons employed on those occasions ? My way of life hath not led m* to converse with such men and such tnatters, except on the occasion of meeting in parlia- ment } but in a counci) of war I never wns. Have I yet in any instance of my life meddled remarkably out of my own sphere, in affuirs foreign to my business or charac- ter ? I might have been thought to have been too active ift my proper station and business ; bat I was never charged with war, nor any ways informed in the art of it. I^ it proper, that persons concerned in such military scheme, (if any such be forpied by men of the sword that apply to such business) should m punished without any proof ? »-• • And must t, whose i^ay of life Is set at the great-* est distance (rovti such persons, and from the very Suspicion of being eoncerned with them, suffer all the ^ains and penalties, short of death, which the parliament can inflict for a supposed I know n^ what^ and what I don't to this day apprehend ? >•' H^re is a plot of a year or two staaprding, to subvert the I^Overrtment with an armed force; an invasion from abroad ; an insurrection at l^ome ; just when ripe for lijtecution it is discoverfed ; and twelve months after the fcOntrivanee of this scheme^ no cpnsultation appears, no itieti corresponding tpgetlier, np provision of money, lirittSj^ Or officers — not a man in arms — and yet the poor bishop) hath done all this. Layer and blanket carry pn a treasonable correspond flfcnce, they go to Ronife and receive directions from the ptt^Mtr himself, tp promote his cause — it doth no Wh&te tippeBt that the bishop has the least share in, or is kny way privy ip, their practices j and yet the bishop has rion6 all J he \^pnncipnlhf concerned in f&f^ming^ direct' i«£f, and carrying on this detestttbk connfiracy. t t A. D. 1723.] Buiiop OF ROcnESTXfti'n .. syff What could tempt me to step thui oiit of my way ? ' Was it ambitioi) and a desire of climbing into u higher station in the church ? Tiiere is not a man in my oiiicO' farther removed fironi this than i am ; I have a hCkndred times said, and sincerely resolved, I would have been noi»/t . thing more tlian I was, at a time when I little thought of bein^ any tluns lower, and I can give an instance of this kind if 1 thought proper. Was money my aim ? 1 always despised it, too much perhaps, considering what occasion I am now like tOM have tor it \ for out o/i a poor bishoprick of five hundred pounds per annum, I have laid out no less than twOn thousand pounds towards the repairs of tiie church audit episcopal palace ; nor did 1 take one shilling for dilapi- '. (iations ; and the rest of my little income has been spent'' as is necessary, as I am a bishop. Nor do 1 repent of tliese expences now, (though since my long conHnement 7 . I have not received the least part of the income of my:" deanery) not doubting in the least, but that God who- ' ; hath liberally provided for me hitherto, will still do it| . and on his good providence I securely rely. Was I influenced by any dislike of the established' religion, and secretly inclined towards a church of greater pomp and power ? 1 have, my lords, ever since I knevi^ what popery was, opposed it, and the better I knew it, the more I disliked it. I begun my study in divinity, when the popish contro- ' versy grew hot about that immortal book of Tillotson s, when he undertook the defence of the protestant cause in general, and as such I esteemed him above all. You will pardon me, my lords, if I mention one thing : Thirty years ago I writ in defence of Martin Luther, and have preached and writ to that purpose from my infancy ; and whatever happens to me, I will suffer any ? thing, and will, by God's grace, burn at the stake, rather than depart from any material point of the protjestant V religion, as professed in the church of England. . > K 230 BISHOP OF ROCHESTER. [a. D. 1723, Once more : Can I be supposed to favour arbitrary power ? The whole tenor of my life hath been ott^rwise : I WQJ3 always a friend of tlie liberty of the subject, and, to the best of my power constantly maintained it : I may imve been thought mistaken in the measures I took to support it. ■' ■Ai-^i-jmti'** :^iiii:ii4'ir,^'*j Lms: '^ It matters not by what party I was called, so my ac- tions are uniform. To return to the point : The charge brought against ir.e, in the manner it is brought, is improbable : If I could be guilty of it, I must have acted under a spirit of inintu- ation; yet 1 have never been thought an ideot or a madman. b.; . lo w , .. »i ! -:,',. My lords, as to the pains and penalties contained in this bill, tlicy are great and grievous, beyond example in tlieir nature and direction. .* I am here, my lords, and have been here expecting an. immediate trial. I have, my lords, declined no impeach- ment. The correspondence with the earl of Clarendon was made treason^ but with me it is only felony ; yet he was allo^^ed the conversation of his children, by the ex- press word of the act : mine ace not so much as .to write, so much as to be sent to me.S >W' 'rfr '^ii«'tv,4/ w?**^.*^.*;! , . , What is most particular in my case I will repeat dis-r tinctly, tliat my reverend brethren may hear it. lam rendered incapable of using or exercising any office, function, authority, or power ecclesiastical, not only in liis majesty's dominions, but any where else: Very hard 1 that such spiritual power as is not derived from men, but God himself, should be taken from me. m Im.vi4**i.. ;.; And ,1 am not only deprived of all offices, dignities, and benefices ecclesiastical, and for ever banished the j^Jrn,,l>ut likewise precluded from the benefit of royal .fV clemency, and made utterly incapable of any pardon by his majesty, his heirs and successors. • My lords, I insist on my innocence^ that I am not guilty ; and if I am not proved so, your lordships wjll A. p. 1723.] BiSlIOP OF EOCIIESTE?, 2Sl thus judge ; if otherwise, I persuade myself I shall fiild some degree of mercy. .^1 You will not strip a man of his substance, and then send him where he cannot subsist; you will not send hhii among strangers, and then hinder others from perfoi'ra- ing humanity to him ; you will not give him less tiipe to order his affairs and depart the kingdom, tlian t^ie bill hath taken in passing through both houses. .t| The great man I last mentioned, carried a great for-- tune M ith him into foreign parts, and had the languages ; was well acquainted abroad ; the reverse of all this is my case ; I indeed am like him in nothing but hjs inno- cence, and his punishment. It is in no man's power to make us differ in the one, but it is in your lordships' power to make us differ widely, 'm the other, and I hope your lordships will do it. But to sum up the argument : It l^ath been frequently observed, that the higher the crimes are, the fuller tlie proofs ought to " e. Here is ^ charge of high treason brought against me, witli no evidence at all. ;^ My lords, pardon me, what is not evidence at law, can never be made so by any power on earth ; for the law that required tlie evidence, is as much the l^w of the land, as that which declares the crime. It is equally unjust to declare any proof legal, because of my prosecution : As extraordinary would it be, to declare acts themselves, ex post facto. Never was there a chjirge of so high a nature, and so weakly proved. A person dead, so that there is not an opportunity to falsify him hy contradicting liim ; a enlarge not supported by one evidence, i^or by one proof of any thing that hath been writ or received by me, nor even by any one criminal word proved to have been spoken by me ; but by intercepted letters and correspondence, in which ap- pears not the least certainty. Some of, those letters, shown to persons, with a de- sign to fasten something on them ; others wrjt iip cyphers, m iisiid* 6t itocfiftstER. [a, ».1723. btid fictitious naities, throwing out dark and abstruse hints of M'hat persons went by those nam(^s, sometimes itae ih6 sometimes doubtfUl, and often false, who eon- tinue All the while strangers to the whole transaction, and never niftke the discovery, till they feel ^nd find it advancing itself towards them : My lords, this is my case I.! short. 1 have a hard task to prove my innocence : Shall I stand convicted before your lordships on such an evi- dence as this ? The hearsay of an hearsay ; a party dead, and that denied what he said ; by strange and ob- scure passages, and fictitious names in letters ; by the conjecture of deCypherers, without iny opportunity given me of examining and looking into the decyphering ; by the depositions of post office clerks about the similitude of hands; tlieir depositions made at distant times, and with- out comparing ahy one of the originals, and by a strange Interpretation of them : for nothing more, I am per- suaded, can be made of the arguments, than what is called the intercepted correspondence, Slmll I, my lords, be deprived of all that is dear to me, and, in the circumstances I am in, scarce ab^e to bear up, and by such an evidence as would not be ad- mittctl in any other cause or any other court ; and would hardly affect a Jew in the inquisition of Spain ? -^'^ , And shall it be received against a bishop of thi^ church, and a member of this house? God forbid. Give me leave to make mention of a text in holy writ : ** Against an elder receive not an accusation, hut before t\vo or three witnesses." It is not said, condemn him not npon an accusation, kc. but, receive it not } I am some- tliing more than an elder; and shall an accusation against me be countenanced, without any one instance of a proof |o support it This is not directly matter of ecclesiastical constitu- tion : there you read, one witness should not rise up against an elder ; but here, at the mouth of two wit^ ji^jsses, or three witnesses, shall the flatter be estab^ lishc |lic '^-\ 1 72a 4.D. 1723.] BISHOP OP ROCHESTER. 883 lished. And a^ this rule was translated in the state of (lie church, people always thought fit to follow it. Shall I be the first bishop in this church condemned upon conjecture, on fictitious names, and obscure paSt sa^s in letters, instead of two or three witnesses ? 6MVill not others endeavour to make the same prece^ ddnt, and desire the same influence of it to succeeding ages, and even concur in such an act. in order to ren- der me incapable of using or exercising any power or authority, &c,? Is this good divinity, or good policy ? As to the justice of the legislature, in some respects it hath a greater power than the sovereign legislature of the univetsc ,' for he can do nothing utijust Buttliough th^re are no limits to, he set to a parliament, yet they arc generally thought to restrain themselves, to guide their proceedings "in criminal cases, according to the known law. r^ •I'he parliament may order a criminal to be tortured j who can say they cannot ? but thev never did, nor tieVer will, I hope, because torture, though used in other countries, is not known here. Is it not torturii^g to inflict pains and penalties on per-J sons not Suspected of guilt, hqr plainly proved ^ilty ? }t is not much unlike it. The parliament may, if they please, as well upon a hill of perpetu^ imprisonment as upon a bill of perpetual exile, rcservQ to the crown a power to determine the one as well as the other. They iiave so enacted it in th^ ohe case, but they have not. enacted it in the other. The law Mw^a inothir^ of ^ucl^ absolute perpetual imprisonments. The law may, in like manner, condemn a man on a chargti of accumulated and constructive tteason. They did so in the casti of t^o gfeat lord Strafl^d, and tliat by accumulated and constructive ptoof of suchtreasohj tliat is, by such proofs so well interpreted, as plainly to communicate light and strength to dach other, and so to have all the force, without the formality of evidenca Wa* such proof ever adqiitted by any ohe V> deprive his feK £84 BISHOP OP ROCHESTER. [a. D. 1723; low subject of his fortune, of his estate, his friends, and country, and scikI him in his old age, without language or hope, without employment to get the necessaries of life, tostai've? I say again, God forbid.. .i My ruin is not of that moment to any number of men, to make it worth their while to violate, or even seem to violate the constitution, in any degree, which they ought to preserve against any attempts whatsoever. hut whei'e once sucji extraordinary steps as these are taken, and we depart from the fixed rules and forms of justice, and try untrodden paths, no man knows wher^ tliis shall stop. ^n'-fii^<.i^-Mii'»}i:' if u^m!}:n Though I am worthy of no regard, though whatsoever is done to me may, for that reason, be looked upon to be just, yet your lordships will have some regard to your own lasting ii^terest, and that of posterity. This is a proceeding with which the constitution is not acquainted, which, under the pretence of supporting it, will at last effectually destroy it. ..? > . » , v. « For God's sake, lay aside these extraordinary proiceed-r" ings ; set not up these new and dangerous precedents ; I, for my part, will voluntarily and chearfuUy go into perpetual banishment, and please myself that I am, in .some measure, the occasion of putting a stop to such precedents, and doing some good to my country, and will live, wherever I am, praying for its prosperity j and in the M'ords of father Paul to the state of Venice, aay, esto perpetua : It is not my departing from it \ am concerned for ; let me depart, and let my country be fixed upon the immoveable foundation of law and justice, and stand for ever. rj> , r.KiMitiHf j/ftt m y breath. ,-- J' ''^^; '*^-'^^'-^v^*'' ^^" '^ t:, And I am sure, , the farther your lordships examine into this affair, the more you will be convinced of ray in- nocency. These contain all the capital articles of wliich ,J. am accused; in the report of the house of commons. Had the charge been as fully proved as ascertained, it had been vain to make protest^ions of. my innocence, though never so solemnj-^-^sftsw, i.^. ' But as the charge is only supported by the slightest ss^ iOKD bATklUitSTi [a. i). 17«j. probabilities, and which cannot be disproved in any in- stance, without proving a nesiative ; allow the solemn as- severations of a man in behalf of his own innocence to have their due weight; and I ask no more, than that they may have as much influence with your lordships as th6y have truth. If on any account there shall still be thought by your lordships to be any seeming strength in the proofs against me t If by your lordships* judgments, springing from Un- known motives) I shall be thought to be guilty : If ibr any reasons, or necessity of state, of the wisdom and justice of which I am no competent judge ; your lord- ships shall proceed to pass this bill against me : God's will be done : Naked came I out of my mother's womb, and naked shall I return ; and whether he gives of takes away) blt^ssed be the name of the Lord. ) i^ «Mili^ -ff^iJ* ^M>j?2f^: • is^r J ^6.1Nfi'^-*y#.#!J^ ALLEN (afterwards LORD) BATJIUJIST, hy^}' ,!t?4*Vi'-«.:**iV*t;. (The Son of Sir Benjamin Bathursi,) '■I':' 'I Was born in ]6S1, and educated at Oxford. In 1705 he was ^ chosen member for Cirthcester in Gloucestershire. He joined 5 the tory party) and '^as one of the opposers of Walpole's ad- - ministration. He was created a peer in 1711. He died in 1775, aged 91. He lived on terms of the greatest intimiacy with Swift, Po[)e, and other literary men. He M'ti5..one of the ablest speakers ^ of the house of Lords ; and I think, that at the time vrhen most ^ of his speeches were made, the house of lords cointftiucd more excellent speakers, and divided the palm of eloquence more equally with the house of commons, than at any other period. One reason why it is morally impossible that the house of peers should ever be able to rival the house of commons in the display of splendid talents, is, that all questions of importance are iirst debated on in the liouse of commous. Even if the members of the upper house had any thing of their own to say, the yrox^ s""* fairly taken out of their mouths. Iq^ A.». 17C3.] LORD BATHUKSik ' fi«7 tQr4 B^thurst's Sp^^fh in 4ifmc^ (^ tU Bi^lwj> of Jtochefiter. Who took noCute of the ungracious distincdbns that uiere fixed qn the members of that assembly, who dU* fered m opinion from those who happened to liuave the ms^ority : that fut- his part, as he had notliing in view but truth and justice, tlie good of his country, tiie ho^ nour of tliat house, and the disclmrgc of his own con- science, he would freely speak his thoughts, notwith* standing ail discouragements : that he would not complain of the sinister arts that had been used of lat< to render some persons obnoxious, and under pretence of their being so, to open their letter about their mi^ nutest domesUc affairs ; for these small grievances he could easily bear } but when he saw things go so far, as to condemn a person of the hi^est dignity in the church, in such an unprecedented manner, and withx)ut any legal evidence, he thought it his duty to oppose a proceeding so unjust and unwarrantable in itself, and so dangerous and dismal in its consequences. To this pur* pose, he begged leave to lell their lordsliips a stoiy he had from several officers of undoubted credit, that served in Flanders in tiie late war. *' A Frenchman^ it seems, had invented a machine, which would not only kill njore men at once than any yet in use, but also disable for ever any man that should be wounded by it. Big witli hopes of a reward, he applied to one of the ministers, who laid his project before the late French king; but that monarch, considering that so destructive an engine might soon be turned against his own men, did not thinly proper to encourage it ; whereupon tlie inventor caiiic over into England, and offered his services to some of our generals, who likewise rejected the proposal with indignation." The use and application of tliis story, added his lordship, is very obvious: for if this way of proceeding be admitted, it will certainly prove a very dangerous engine i no mans life, liberty, or property, 28^ DUkE OF MHAllTON. [A. D. 1723. ' \ will be safe ; and if those who were in the administra- tion some years ago, and who had as great a share in the affections of the people as any that came after them, liad made use of such a political machine, some of those noble persons, who now appear so zealous promoters of this bill, would not be in a capacity to serve his majesty at this time. His lordship added, tliat if such extraor- dinary f)roceedings went on, he saw nothing remaining for him and otliers to do, but to retire to their country houses, and there, if possible, quietly enjoy their tistatesj within their own families; since the least correspon- dence, the least intercepted letter, might be made crimi- nal. To this purpose his lordship quoted a passage out of cardinal de Retz's memoirs, relating to that wicked politician, cardinal Mazarin, who boasted, " That if he had but two lines of any man's writing, with a few cir- cumstances attested by witnesses, he could cut off his head when he pleased." His lordship also shrewdly animadverted on the majority of the venerable bench ; towards which turning hunself, he said, he could hardly account for the inveterate hatred and irtalice, some per- sons bore the learned and ingenious bishop of Roches* ter, unless it was that they were intoxicated with the in- ftituation of some of the w ild Indians, who fondly be- lieve they inherit not only the spoils, but even the abili-' ties of any great enemy they kill. • y i." ■ IM :U * }' PHILIP, DUKE OF WHARTO^^y *^«4 Was born about }699. He first attached himself to the Pretender', when he' was abroad and quite a young man. lie then returned '|i home and made his peace with government. After this he be- came a violent oppositionist ; and having at length reduced his fortune by his extravagance, he went abroad again, where he /' once more attached himself to the Pretender, and died 1731. He Ijis represented as a man of talents by Pope, who has given hiiu «. a niche iu one of liis satires. • j> "**!•-»**' A. "r^W, A»D. 1723.] DUK£OF WHARl'Oyi^ 2«9 {fke Duke (if IV/uv'totis Speech on the Mutiny Bill. .» Though he wns sensible whatever he could offei* would have but little weighty nevertheless, »8 the matter under debate wjis of the last im])ortancc, and highly concerned tlie t'undauiental constitution, lie tiiought it incumbent upoil iihn, as a member of that august bs« .scinbly, to deliver his Opinion j hoping, that any mis- take he might commit would be excused upon account of his want of experience : That he wondered the noble peer who spoke last should suggest, that without the ad- ditional ti'oojjs raised last year, a body of aoOO men could not be drawn together; that he might easily be contradicted, since, before the raising of those troops, we had seen near the capital of the kingdom, a camp of between 3 and 4000 men, consisting only of the king's guards, which was sufficient to secure the govern-fe- nient against any sudden attempt: That he thought it no less strange, that in an affair of so great importance, and in the supreme council of the realn), any mention should be made of the opinion of enemies; that by this, he supposed, were meant the abstracts of some intercept- ed letters, and anonymous intelligence, that were printed last year; on which he thought no stress ought to be laid, but rather be looked upon-as the empty iuia- f;inations of disaffected persons, who through the natu- ral propensity of all men to believe what they wish for, easily deceive themseivas, and fondly entertain with vain hopesj, those they endeavour to engage in their cause : Tliat consideritjg th(i present great trunquillity at home, and the happy sitjuition of aftkirs abroad, there seemed to be no occasion lor keeping up so great a number of forces: That by his majesty's councils, and powerful in-' tiuence, a general- peace was established in lujropCj which, ill all appep.rauce, would last nimiy years : That some accidents which, it was feared, might have dis-*^' turbed it, Imd had contrary effects : Tiiut the death of VOL. r. ^ u . * i'. /\ i^OO X)(;ke op wiiAiiTosr. [a. d. t7'i3i tlie regent had made no alteration in France, for things did run there in the same channel, and the duke of I^ourbon, avIio liad succeeded the late duke of Orleans in the administration of afluirs, seemed resolved to cul- tivate the friendship and good intelligence his predeces- sor had established between the tMO crowns : That, in relation to Spain, king Philip's abdication would prove advantageous to the peace of Europe, because the Ita- lian faction, and ministry, which espoused the pre- tender's cause, were thereby laid aside : and as for the emperor, he hoped they had nothing to fear from hini, unless he would quarrel with us, for our kindness and j»ood-naturc .to him, in suffering him to establish an East-India company at Ostend, to the prejudice of our own company. But nevertheless, he hoped a good cor- respondence would still be maintained between the two courts : That thiis there was nothing to be feared abroad, atid still less at home : That the noble lord who spoke before him, had run over a great part of our English history, and had endeavoured to shew the difference be- tween the ancient Gothic government, and our modern constitution : That he would not follow him close through his long account of bows, archers, and fire-arms; but would content himself with taking notice, that, accord- ing to that noble peer, the power of the militia was an- ciently, avid still remained in the crown; but that it was observable, that in some former reign'j, regular troops supplied the place of the militia; and in others, funds ^vere provided to discipline the militia, and render them useful, in order to supply the want of regular troops : But at tills time, when the crown is possessed of as much power over the militia as ever, if so great a number of regular forces be allowed to be kept up, the fundamental constitution will be entirely overturned, since thereby an additional strength is given to the ^rown, without any equivalent to secure the rights and liberties of the subject: That our ancestors having ever judged Uie militia sufficient to secure the government, A. 1). I723i] 1)UKK OF Wharton. «»t we oiight not to dcoiate from that wise imsfitution with- out evident necessity : That the niihtia are not so useless, nor so much to be dcspsed, as some woilld pretend, since they did notable service during the last rebellion, even in some counties the most disanected to the preseirt settlement ; and, it" care was taken to discipline theta well, he did not doubt but they might be made more useful i '1 hat the expencc of raising and excrcbing the militia rriight be greater than of regular forces, but thai tt* the danger to our liberties would be much less frcMii the militia, so would the expence be more easily borne by tti©; people : I'hat, in justice to the officers of the army, he would readily acknowledge, that many of tliem had ap- peared zealous defenders of the liberties of theif coun- try, ahd had laid the foundation of our present happi- ness, by refusing to concur in the designs of tli© late king James II. But that he had heard wise men say, that if th«t prince had turned out the old officers he (X)uld not trust, and made new ones from among the common sc^diers, king William would not easily have brought about his eiVf terprize ; at least there would have been more blood shrfd ; That after all, standing armies aye incoiisiaterit witlv a free government : and that hereafter an ambitious prince, and ill designing ministers, might make use of them to invade our liberties : That the single instance of Oliver Cromwell, who came to the house of com- mons and turned out with open force the very men from wlwm he had his autliority, was an example \yhich they ouglit ever to have belbre their eyes : That thougK they had nothing to fear under hia majesty's auspicious reign, or from tlje illustrious princes of his royal family ; yet it cannot be expected that the throne sliall always be filled by sucji princes : That besides, we are nof'so happy as to have the king always amongst us; -that at least once every two years his majesty goes over to his dominions abroad; thai; for his part> he was so fat ft-om finding fault with it,' that he rather thought it for our advantage, because he could from tlien^e have a u 2 ' ,..,-■; it)^ .vo GKondE II. jur [a. D. 17^7. ne&rer pfospcct of the affairs of Europe, and watch for our security ; hut that, on the other Imnd, if it should happeh, that during tlie nbsfnr'^ of his mtyesty the ab- sohite command of the army shall be delegated to one single person, our liberties and properties might be in great danger, l)ecause such an authority is equal to that of a stadtholder in Holland ; That he y\ as both surprised and sorry to see that a lord» who had so great a share in the administration, should in so solcnm and impor* tant a debate, fetch arguments from Exchange-Alley, and thereby put our most essential concerns in com- petition with those of a few stock*jobbers : That nothings in his opinion, could more cf!'ectually keep up and advance public credit, than the confidence his majesty would seem to repose in the affections of the people> by disbanding part of the army ; and that tiic same would have the like good effect with foreign princes : whereas, if the court seemed to think so great a number of troops necessary in time of peace, it visibly implied a distrust of the affections of the people, which might increase the disaffection at home, and lessen his majesty's credit and interest abroad. immfimti, m -^mmju^ ^^mu '''Uii^ ; .s*^' >»^iwt ■jvt.^?^ '«!Vrt fjfii^ VT-W •nir s. (:^onoJ Ueoige I,) ^,^^.^,^ ^^,^^ Was born in 1^83. tie succeeded his father in 1 7^7, and ditd 1 760. v.iivmii^^nm f. ,x«t:'>i '>;i' f-i'i'J'P'^tf ihaii^ripi I King George the Second's Jddfess to both Houses, ' '^i^.'My Lords aiid Gentlemen, 'i>k ■ i-^ vkt >fr>a And as the religion, liberty, property, and a du« execution of the laws, are the most valuable blessings of a firce people, and the peculiar privileges of tl:us nar tion, it shall be my constimt car© to preserve the con- stitution of this kingdom, as it is now happily establish ed in church and state, inviolable in all its parts ; and to securo to all my subjects the tull enjoyment of their rel',' gious and cjvil rights. ^a?J^8 (I'^O) m'ti a >:rfui; I see with great pleasure, the happy dSscta of that vigour and resolution which was exerted in the last ses- sion of parliament for the defence of the rights and pos- sessions of this nation, and for maintaining the tranquillity and balance of power in Europe. The strict union anj hannony, wluch has hitherto subsisted among the allies of the treaty of Hanover, has chiefly contributed to the near prospect of a general peace; I have therefore given all my allies the strongest assurances of pursuing tl^e same measures, and, of niaking good the ei^ga^e-^ mcnts entered into by the crown of Great Britaius . The chcarfulness with which the supplies necessary for carrying on this great work were raised, making it but just that the public expence should be lesserted, as soon as the circumstances of affairs will permit, I have already given orders for sending back some« of the regiments brought from Ireland, and will pfoc^ed ta reduce ^^ng: forces, both -by sea andjaodt as spou ^ it. cm b^jdpq^^ ** ■ m MR. •llfffRir.* I \a.o, )7.11. withoin pffijiidlfti (I) ilir loitMiioti CMtw, ntul roJiilii«4jnUy vdi'v wdil, ilitd iliti ^m\i (ti Uit4 ttri'Ntttui piu't ot Um tiivli 1)m(, fnvouMfM U now (Ititrmtinntl, niMi ilmt It U miH^MinYS v#vltu«i)«. ||«< wnK one* ofilio uioiit viilflmr/if iinr(«iN' o)inn»nv« ol' the mimnni'w of gftv««rnm»»tU ilirotiph lh« ^^llt\lt^ of llili I'ttiKU; HUii, iiit diMilil, \m\ iinltllieil n vm'v rUoii^ ItntMui't! (li .iMioliuitiMi, lUtt tii' w(»M a iumh •>! tfrt^iti (iuunc^M)) tun , littirju iMlM)tt< ()( Uillt*.l.u louiil)!, \)ji^|i(tal<'v«ro|K)i}ud, but likou'i»o to iiwku n mo* A.ff, J?/?).) ,^, M^, hll^lVi'K^., m ^fijti.t :' t ♦ .' \'m\, U htiH, nil', upon ftiicii m oamUm, boou the iiH- \lmiih lo )ii» nuijcf^ly, jot lim niotti (^itu;i(^ii)« ti|ic(;(di iroiii ih(l tJ^ruix! i, ))ia NUt;ti imMichhci^ wciu in funnw iUi^n MJwiiyft ill gi'iuTMl Urmn ;.,U»<;i^ wui'o lii ^kM iut ilalUnhtuJ |tui'uut'upl(^ no !uti^ couii>liiiH'iilui(l tK!i'i;t'r Um* lioiiM<^, unci (>rvvi)u;li| by it tmumnr}/ roiiMctiUt^tM'i', tint imwMi \mni liavu bmt MUpjMi/iud U> littvi*. Wit ciitiK'))' iji^Miji'iMti. il iH tnif!, Mir, u(Htuv4f ol' jiiUt ,yiu|)liiiiattiii;{ ilitf ilirutiv, U|juii cvvry nmU umm'mf ^^\\k\mv^ mUktHncHf luiil tliift cimUijiii imw Ihh'U lolluwtd «|U,lpim, tiiut [ uni (ii'niid it iiiuy til lunt (xjcouu; m. tliinu oi' coui hc t<> vote nil uiKlrox^i to liin imjimi^/, ui kucIi tcnii« u» MtuH Imi 4()tiat'LciJ li) tliuMO viuy lucu wli(itt«3 uiiuuut<;ft ui'c tifj' |)i'()V4!(l of by the <'oiupliiiictit miui(; Ut th<'. tlir(/fus i (;otii(iHN, mil', tliut ] uiit MO littltro^' u courtier, tlmt I d'liiitiot return tlmnliH ibr wltul I know iiolijing of, nor cut! I u|))i|utul belbro I hu?w u rmmu i'or Mueii un- |)luuMe. I iiut not iil nil ui^jumi m\ Mvuhh of tliunKH III thn iiNiml Myld ; but ttMuigb I iili(;uU biippen to be h'u\n\v iiihI iiloiin ill my op|)OHtlion, vvliirli [ lio|), " ■'■ 'c.iUiw^ A.is>.l73|.] SIR W. WTNDJIAM, Sfl? ' ■ ■ I , ' ■' V ' I i' ' ■ . ' "r , . ; t ' '\ (I tlioiigh every tliinfj may no>y bo well settled upon a ^olid and lasting foundation, yet \ cannot tliink that oui* conduct }iH8 in every respect l)een riglit, or tl^at the interest of this nation Iibs been by his majesty's ministers principally and steadily pnvsued. At one time we were frightened out of our wits with apprehensions that the pretender was to be put upon us, and that "without any reason for all that I have yet seen or heard upon the subject. Then Uon C^irlos was made such a giant of, that he, that infant, was to swallow up and dcsti'oy all the powers of Jilurope ; and at that time we sued to France for an alliance, and besought their assist- ance, by which we put it in their power to conmiencc a war whenever they pleased ; imd if they had not been more ^a^en up ^vith wliimf and disputes about religion than any wise nation ought to be, they Avould certainly have involved us in a war in co^;\jiHiction with them, and thereby would have made us assjs^ them in recovering all that they had lost by the two last wars, the taking of which from them had cost us so much blood and treasure. Some time after, we shook off all fears of the pretender^ Don Carlos was again diniinished to an ordinary sixe, and tlien we began to bidly France as much as we had courted it before. Such conduct cannot appear to me to be right J at least, it docs not appear to be steady and uniform. Upon the other hand, it must be sard of the imperial court, that they have actetl with stead k ness find prudence j they have firmly adhered to the proper intci^st of their native country, and have steadily pursued the aim they l>ad in view, througii all the dit^ lereut shapes in which the affairs of Europe have been put within these few years ; and by this firmness and resolution they have at last brought us to their own terras, and have accomplished their designs, notwith- standing the conjunction and alliance of so many for- midable powers against them; whereas wc have been obliged, in some iqanuer, to comply with the denymds. -298 LORD FALMOUTH. [a. ». 1731. iof almost every power we have treated witli; andif |jy such means wc have at^last got oft' upon any. tolera- ble conditions, it must be said, tiiat we have been Hke 'pit niijfn in a room ^vllo wants to get out, and tliough the 'door be open, and a clear M^ay to it, yet he stalks . round the room, breaks his sliins over a stool, tumbles over a chair, and at last rumbling over every thina; in t his way, by chance finds the door and gets out, after , abundance of needless trouble and unnecessary danger. ^" ' '.aihij. LORD FALMOUTH. ^^..-.^MmM-^ My Lords, The hill now before us bears a very specious title or preamble ; from the first view thereof one would be apt to conclude, that something very beneficial for this na- tion were intended ; but upon a more serious perusal, we find, that at bottom there is really nothing intended, that can in the least contiibute to the public good. We all know, my lords, how some motions come to be made, and how some bills come to be brought into tlie other house. Such bills as tliis now before us, are often brought in by would-be ministers ; that is, by gentlemen who aft'eot popularity, and set themselves up as protec- tors of the liberties of the people, and under that pre- tence encourage and promote faction and discontent, in order thereby to raise themselves to be the chief men in the administration of the public affairs of the nation. J shall always be ready to join in reasonable measures for insuring the liberties and privileges of the people} and if any attend pts were making against them, I should be as ready as any man to concert measures for short- pning the arm of the crown ; but, my lords, %vhen I fin^ A. D. 1731.] lORD FALMOUTH. 2PS that no attempts are made by the crown against the liberties of the people ; when I iind that the popular criss for liberty are raised and spirited up only by the factious and the discontented, I shall never be for di- minishing the power of the crown, especially when I see that it has but just enough to support itself against the factious and the disaflected. I remember, my lords, that a noble lord put the question last session of parliament, when this very affair was before the house, How the pre- tender would desire one to vote in the case then before us ? If the same question were now aijain to be put, I believe the proper answer would be. That he would de- sire us to vote for the bill now before us. I do not doubt, but that he would be for diminishing his nmjesty's power of rewarding those who should happen to merit well of their country, by a zealous and hearty opposition to him and his faction. I hope, my lords, that there will always be men of honour and integrity «iough in this country to defend us against that faction, or any faction, without the hopes or expectation of a reward ; but if it should be found necessary for our defence, to give rewards to many of those who assisted in tlie protecting of the go- vernment against faction, I would rather chuse'that the - government should have it in its power to give rewards to those that contributed to the preserving of us, than that the factious should have it in their power to give re- wards to those that assisted them in the destroying of us. The metliods proposed by the bill now before us, are so far from being proper methods for preventing bribery and corruption, that I am afraid they will give sucli an encouragement to faction, as may lead us into confusion ; and therefore I shall be for rejecting the bill. As this bill is the very same with that which was refused by your lordships the last session of parliament, I am convinced > that the same reasons which prevailed against it last ses? sion, will now likewise prevail against it ; for my own part at least, I am sure, that there is nothing since hap- pened, that can aftbrd me tlie least pretence for being of a different opinion. 500 EAUL OF STRAFFORD. [a , D. l/SU EMIL OF STRAFFORD, It I ran find no particular account of th« author of this «pcech, though I suppoNfl he was u descendant of the great lord Str^A'ord. A noble line selduMi furnishrii mor4! than one. great name. Tho succccdiuK branches seldom add any thing toi the illustriuusncus of the stock, find are «o fur from keeping up the name, that they arc lost in it. However I do not discover any marks of dngcnoracy in the present instance i one may tract? a sort of family likeness iu ihf HCntin^ents ; thft pndigree of the )r\ind seems to have hern well kept up. There is a nobility of soul us well as of blood; and tho , J^celings of hunjianity 80 closely and b^jautifuUy expressed in the conclusion of this speech, ore such as we should expect from the tultivuted descendant qf ** a man of honour uud a c^v^Her,". , mil f^ m^bidm^^^ a w^ ■^'itmw^* tl^at T^e Earl of Straffoyd^s Speech on the Mtit'm^f Bill My Lords, '^"^"'^n r.- ^f,, --,.;( -...-.^-,^ .. v^ .^ ; \ ,---^ It is certainly very necessary for us upon occasion of this bill, to take the army under our consideration, and to determine what number of troops ought to be kept up; because, my lords, this is the only opportunity we can have of reducing the number allowed ot^ in case we hap- pen to tliink it too great j and in case this bill goes the length of a committee, I shall then take the liberty to declare my sentiments upon that head. l]ut, my lords» I now rise up to declare, that I am entirely against this bill, or any mutiny bill; because I always looked upon it, as setting up a constitution within a constitution j or rather, indeed, it is the turning of our civil government into a military government. This, 'tis tt-ue, my lords, we may do by a law, and that law when passed will ;h; 8t pare of our qonstitution ; yet I hope it will not be said^ that such an extraordinary law would make no alteration 'in our constitution. I cannot be of opinion, that the ^iteeping up of any regular troops in this kingdom is abr A. b. 1731i] EARL OF STRAFfORll. 'M II solutcly necessary ; but granting that it were, I am cer- tain, that in order to keep sucli troops under proper diseiplitie, it is not absolutely iieeessary to have a luw against mutiny and desertion. 1 had, my lords, tiie !io* uour to conunand a regiment of dragoons in the reign of king William, whieh was given to me at tlie time; of tliC siege of Namur j and 1 very well remendjor, that there was not at that time in England ttny sueh law, u» ^vi^at is now by this bill to be enacted. We had then no such thing as mutiny bills yearly brought iti, nor any sueh bill passed into a law, arid yet in those days, wc found means to keep our regiments in good order enough; and I believe there was as exact discipline observed in the regiments then quartered in England, as has been observed at any time since. If any of the soldiers com- mitted any crime, they weresure to l)e punished ; but then thev were punished according to the ancient laws of the kmgdom. The officers took care to deliver them up to the civil power, and to see them convicted and pu- nished as severely as tlie laws of their country would admit of; which we always found was suHicient for kecp' ing the men in good order, and tor making them observe the most exact discipline. •^; J ' If I were to enter into a particular examination of this bill, I could make strong objections ngainst several clauses thereof; 1 shall only mention that of desertion : how unnecessary, how cruel ii it, now in tiuie of peace, to punish that crime with death! In the time of war, such a severe punishment was necessary ; it was then just to punish it' with death, because the desertt^rs were generally at the same time guilty of the mf)8t heinous treachery; tliey generally ran in to the euemy, and turned those arms against their country, which their country had put into their hands for its defence. liut now in time of peace, desertion has nothinLj in it of sueii a heinous nature ; if a poor fellow deserts, he runs but from one of our own rejjiments to another ; and the cruel trcatuient he meets with froHi some of the oilieer*i, 302 ftARL Or'sftRAFF'dRiy. n»ay often afford him an excuse, if his case be examinect by men of humanity and cambur. Haw many poor coimtry-fellows, either out of a frolic, of because they have been disoblij^ed or slighted by their mistress, go and list themselves for soldiers ! When such a fellow begins to cool, he perhaps repents of what he has done, and deserts without any other view or design but that of returning home, and following some industrious and la- , borious' way of living in his own country. Is it not hard, tiiat such a poor fellow should be shot for sucii a trifling crime ? The law perhaps i>iay not be executed with ri- gour j that, my lords, may be an excuse for the judge, but none for the lawgiver , considering that the officers are the sufferers by desertion, and also the judges in all trials of that crime, I think, my lords, that their not executiuij the 1 1 '^ with rigour, is a convincins; arsjument, that the pains are too severe; but, my lords, as I am against the bill itself as well as every clause thereot^ I am therefore against giving it a second reading, or entering into the consideration of the several clauses of it. " * --- " HORACE WALPOLE, ^ ^^^> Si^ ta ' - ....y„ , ■ ,,. (BrQtki' to Sir RobGttj)i,ii^irj I iu«v r-U V^'as member for Yarmofttli. He sefetns to have been nttTe in'ferior to the minister in facility of speaking, and a certain ambidexterity of political logic. He had the art to make the question assume at will whatever shape he pleased, and to make " the worse appear the better reason." But this seems to have been more a trick, or an habitual readiness in the common-place forms of trivial argu- ment, and less owing to natural capacity and quickness of mind, than it was in his bi other. There is also less ease and more sloven- liness, less grace and more of the affectation ol it, than are to be found in his brother's speeches. He appears more desirous of shewing his art than of concealing it, and to be proud of the trap- pings of ministerial authority which excite the spleen and envy ui hH opponents. *«» • l:»'^w;r^» A." »/} ,n. -ii' »;,~.'V;'J^<*>»*-'--;;''i'»*.^ ,rr- t.: Sir, Mr. Horace JValpolts Speech. 803 _. I) " ",,'■ y I AM sorry to hear a parallel drawn by any member of this house between the army kept up by llic late king JaTnes, and the army intended to be kept up at present King James's army was raised against law, was main- tained against the consent of the people, and was em- ployed in overturning the liberties of the people : Tiie present question is about an army, which is to be kept up according to law, and by and. with the consent and approbation of the people. If we look into tlie petition of right itself, what does it say ? Why that an army raised or kept up, without consent of parliament, is contrary to the constitution ; but it was never said that an army kept up by consent of parlianient is illegal, or any way contrary to our happy constitution. In this respect, therefore, no parallel can be drawn between tlie present army, which is to be kept up only by consent of the people, and maintained by them, and that army which was raised and maintained by King James him- self, and was sd far from being with the concurrence or consent of the people, that it was to be employed against them ; and I am persuaded, that no man here suspects that the' present army is to be employed in any such manner. •?•-••' "' V , " , ' j' s I really believe, Sir, and I hope T am rrght, that tijere is but very little dissatisfaction in the nation, and that the Jacobite party is now become very inconsiderable ; but still that party is not to be ridiculed and made a joke of: we are not so much to despise all attempts that may be made by them, as not to take any measures to provide ourselves a£;ainst them ; such a security is the best, thing they can wish for; they would be glad to be despised in such a manner. Gentlemen may say what they will of the little consequence of any ^deavours that liave bc(Mi^ or may be used by them; but the late rc1>eliion id a certain testimony that tliey arc not to b^ tt)« niuch dc^- S04 h6rAcE WAIfOLr. [a; w 173h I '!) i spiscd. T}»c fate of tlic kin^^doni was at that time brought even to the decision of a day ; and if tlic rebels had but U'en sucee.ssfnl at Preston, I do not know wliat niij^lit liave beeii the consequences ; I dread to think of theni. liutiet them have been never so fata), if the liberties of this nation had befcn overthrown bv tlie success of those rebels, it would have been eiltil'elv owinn; to our Imving so few rejTular forces on foot at that time. M'e have escaped that danger* but do not let us expose Ourselves to such dangers for the futiu'e j which must be the tieces- sary conseijuence of reducing any jiart of the small army ROW. on foot, and desired to be continued; A parliamentary army never yet did any harm to thi. nation, but reductions of that army have often been fatal. 1 have been assured by a miiiister of very great consequence at the court of France, the reducing of our ar- my after the peace of Ryswick, very much encouraged the court of France to ttd enter into separate treaties and negotiations alm'ost with every powcf in Europe, for amending or explaining the blunders of that treaty; and if we are now HgHt, whoever ascribes our being so to that treaty, may be said to be like a man, who, after breaking another's bones and seeing them set again very right, and well cured by an able surgeon, cries, You are obliged to me, sir, foi* tliis great cure that has been performed upon you. After all, sir, I would not have the friends of the present establishment think themselves absolutely safe and secure : it is not to bo supposed but that flis Ma- jesty has still some private enemies even in our own country. People may say what they will about the treat- ment the petition for erecting king Willian»\s statue lately met with, but I look upon it as an aft'ront design- edly put upon the revolution; and I am sure, it nevei* could have met witii so much contempt from any thing hut from a spirit of jacobitism still subsisting in the country, which can never be destroyed but l>y taking away fron^ them all hopes of success ; and this ctui only he don^ by keeping up an army sufficient todelendi|» against their utmost oiibrt3ii-i^Mi^•'^^v'^'i^^^*^^ mcii;)/f,. ■ ;--.^ii./s^ca: Q^iiii^ /fiilt,pvfKijj^>,c. tc^. : \jmn 'ydl^o hf.Hi VOL. I, x 306 Mn. SIIIPPEW. flA.W. 173i i tJ'»;IP'"*' >fU I r' r^trir.'t • AIR. SUIPPEN. His Speech on the Army. iMi^ (>4|i . ■ Mr. Speaker, J[ 81!k this question in the same lijrlit witli those gentle- men wlio are of opinion tlmt the detcrniinatiou of it will shew the people of Greiit liritain, whether they are to enjoy their eivil eonstitution witii all its rights and pri- ivileges, or to endure a luihUiry government, with ull its inconvenienees and oppressions.; ti^K, s, However hursh tliis assertion may sound, ii, is so \^cli founded, that if we cannot now hopeforareduetion ol" the army, we may for ever despair of it. For tliis is tlie conjuncture, this is tlie crisis, when the people of Great Britahi may with reason and justice expect, I huil almost said demand, an exemption from every unneces- sary tax ; and as none is more grievous at all times, so none seems to be more uimecessary at this time, tlian thai which is occasioned by maintaining an extraordinary number of land forces. Such an exemption must be ac- ceptable to liis Majesty, who hath been most graeiously pleased to open this session with declaring, "That it is a pleasure to him to a;ive ease to his subjects, whenever tlic welfare of the public will admit of it.' Sir, there can be no doubt, but the welfare of the public will now adniit of reducing our expences on the head of the army : for wa have the same royal assur- ance that tiie general tranquillity of Europe is fully re- stored and established ; that all the jarring and contend- ing powers are united, all the tlifterent views of interest and ambition reconciled by his Majesty's extensive in- fluence, and consummate wisdom; that the wounds which liave been so long bleeding, are intirely cured by A.D. 1731.] MR. filltrpRV. M his healing hand ; thot pfftc©* a1«<'gW)(t httffnbtty nffe h^ turned toj^ethcr ; thiU; the duty and attection of his sub* jects are all he dcsirr for his paternal low and con- cern for them ; that l»i gnvernrticnt Imstio other security but whut is equally conducive to tl»eir happint'ss. *^"* This is tiie situation which his ihafesty pfoniises him^ self, will inspire us with such a seasonable aical for thfe public good, as bocomes a parliament sensible of the blessings they enjoy •, and iniagination connrtt form ft more pleasing idea, a more poil^pct plan ofUiatlonal pros- perity, than what is here described; nor could a good and c;rucious prince brih* better tidings, ' or* couimunf* cate more welcome news from the throne, to a fre^ people. ' Since, theii, his Majesty ha» so gloriously performed Ills part, let us not l>e wanting on dntk \ f jet us take the earliest opportunity of convincing tiiose We represent that they are immediately to reap thft (Vuit of his royal labours, and that all their grievances will be gradually redressed. Let us begin with reducing tlie army, and mak- ing them sensible tl»at it is not intended they should any longer bear the buitlien and inconveniences of war, m a day of protbund peace and universal tranquillity. If we fail in tliis great point, the people, Vvho did not resign their understandings when they delegated their f)ovver to us, know they have a right to judge for them- selves. They will not be imposed upon by appear- ances. They will be apt, notwithstanding all the fim^ ^vor(ls they hear and all the fine speeches they read, to cull this boasted success, these promised blessings, no more than a m?re delusion, a golden dream, a chnneri- cal and visionai'V scene of happiness. '•"'^- f^- •-- v i wish, therefore, the honourable pef.Vrtn'Hvhb tiffti^eil tliis question, and the other gentlemen xvho have been his coadjutors in the support of it, had been a little more e*t(- plicit. I wish, instead of amusing the committee m ith a detail of the various reductions of ou*r forces frdm tlie treaty of Ryswick down to this day, and assigning Avrong 508 MR. 8HIPPKN. [a.». 1731. li causes and consequences to each of those reductions ; instead of assuring us, tliat to their own private know- ledge, tlie oflkers of the anny liad frequently, on extra- ordinary oGcasicms, Resisted tile civil magistrates in the execution of their duty; instead of revivinc; the old ex- ploded argument of disaft'cction und jacobitism, I wish, instead of rambling so widely from the point in debate, th^y would ha-vo dealt more candidly with their audi- ence, and told u* plainly, whether tliey think a standing land force will always be necessary to preserve and se- cure our present happy settlement; or whether they think the civil constitution of tliis kingdom so weakly and 80 imperfectly framed, as to want sometliing of the military power to striengthcn and sustain it. If they en- tertain the first of these notions, they must give me leave to take notice, that such nn insinuation is unjust, and the argument odious ; since it is a very gross reflection on our present happy settlement, which is founded on the principles of liberty : and which you know, sir, was in» tended to rectify nil tlie errors and to reform all the abuses of preceding reigns. I say, it is a gross reflec- tion on our present settlement to suppose, that his ma- jesty cannot vear his crown with safety, but by bur- thening the nation w ith the conslHUt charge of maintain- ing near cigliteen thousand men, but by establishing a force which will perpetually interfere with the liberty of his subjects, and ccmscquently, shake the foundation of his throne. For, however diangeable the counsels and actions of ministers may be, tlie nature of things is per- manent : anil it is impossible that what has been the constant, the certain cause of destruction to other go- vernments, should by any ne^v sclicmes, by any refine- ments in politics, l>e made the sole, or at least the chief, security of his majesty's crown. Tis true, indeed, that . the p«trliament has of late years consented to keep up an extraordinary number of troops in time of peace, for reujions letter known to tlwse M-ho gave tlieir consent, than to me who opposed them when they did so. 13ut , " ,»I'-""*-'^'I's' ■ A. 6. 1731.] Mtl. SMttPfiN'. '309 it has nenthei'yielded up, or renounced that fundamental maxim, viz. That a land force in England ought to be considere(i as the creature of necessity, which should not be allowed to subsist one moment longer than the exigenries of the state require. •' .- • /- h' they entertain the second notion, the^ are etiually mistaken in that, as in the first : for it is a notion highly injurious to our constitution, which was so happily com- })ounded in its original formation, that it can receive no addition or alteration without prejudice. There is so close, so just a connection ijctwixt all the parts of it, that if any one should be made independent of the rest, it would destroy that symmetry, which is essential to the whole, and which distinguishes it from all other consti- tutions. The crown/ though limited, is armed with prerogative and power, sufficient as well to de- tend itself, as to protect its subjects. The people arc possessed of rights and privileges in as extensive a degree as is consistent with tlie nature of monarchy, and those rights and privileges ai'c secured to them by the strongest and most sacred obligations. Nay, this notion is not only injurious, but impracticable : for what I have frequently advanced here must be universally allow- ed — that the civil and military power cannot subsist long together ; and it is easy to foretel which will at last pre- vail, which will at last assume the sole dominion. We see the fatal eft'ects of such a conjunction- in those kingdoms where armies tyrannize, and where senates servilely obey. iimi^*i i m\ti^^a^^ lO ■lAH^iitv^Xittn^^^b mi: , Now, God forbid that the delightful view, the glo- rious [)ix)apect which his majesty has opened to his sub- jects, of their present envied condition, and of their future unspeakable felicities, should terminate in confusion and calamity. God tbrbid that any compliance, any resolu- tion of ours, should endanger or alter tlie best consti- tuted, the best balanced government in Europe. For as it is the glory of our ancestors that they have main- tained it in opposition to all the attempts of innovation^ MO Mft.i 8HIPPEN. [a, p, 1731. A. D land thai they have transmitted it entire to their posterity, so it will be a mark of et<^nal infamy to that generation, im whose time it shall happen, either by the an^bition of the prince, on by the ti'eaciiery of the ministry, or by the slavishnesa of the pepple, to be £urfenilere(i qr de»- strpy^d. fii 7"-w ■ .-■♦-K.'vi'i'yifiiy ifji.».ii«>_ifj'>. fl^f4(** 1 . '/I; But I forbear running into general arguments. I for*- Sear, too, answering the distinctions which have been made betwixt pailiament armies and crown armies. For by what epithets soever distinguished, or by what autho* rity soever raised or allowed, armies are in their nature tiiie same, and the danger of continuing them the same ; BS I have formerly endeavoured to prove, when the mi- nistry required for many sessions an extraordinary num- ber of land forces, only because they had by their ne» gligence, or by their insufficiency, so incumbered and embarrassed the public affairs, that tliey wanted a strong- er guard, a more effectual support to secure their ajdmit nistration, than their own wisdom and conduct. ^» m*- >;» ^i But the case is altered, and his majesty has extricated lis out of all the difficulties, out of the long unsettled state of aftairs, in which his ministers had involved us, I therefore rest the whole debate on the circumstances we are said to be in at this day ; and in tliat view I take it to be impossible for any one, who is a well wisher to the true and ancient constitution of this kingdom, tp vote for the question as it now stands. I submit indeed to the amendment made by a noble lord, (Lord Morpeth) for a smaller number offerees than was at first proposed ; I mean for twelve thousand rather than near eighteen thousand men, only as it is the 7mnus malum, and not because I ^bink tliat number now necessary for our pre- servation, nor because I think any number ought ever to be admitted into our establishment, or considered as a part of our constitution, on any pretence whatsoevei'v ' « • f ""j.^ f'"^"'^-- " '"'* "" ' A.D. I7S1.] SIR ROB£RT WALPOT.E. .^U t^^f ' SIR ROBERT WALPOLE ;• Sir, /.< •' His Speech on the same. I FIND the ffentlemcn who oppose the motion made by' my honourable friend, have all along argued, as if the number of forces now proposed were to be kept up' against law, or to continue for ever ; whereas the very design of tlie motion made to this house is, in order to have a law for keeping them up ; and all that the gentle- man wants by his motion is, that they shall be continued for this year only. The case then before us is, whether it will be more proper, and more for the benefit of the nation, to keep up the number proposed for one year, or by an ill-timed frugality to reduce some part of them, and thereby expose the nation to be contemned and despised by our neighbours round us, and that at a time? when the public tranquillity is but just settled, and be- fore we can know whether some of our neighbouring powers are satisfied or not. Nations, as well as pnvate men, must accommodate their measures to the times they live in. The circumstances of Europe are now much altered from what they were in former days j but ^ very few ages ago there was no such thing in Europe as what we now call a standing army ; there was no- thing but the militia in any country, and therefore it was no way necessary for us to have any thing else. If we quarrelled with any of our neighbours, we Avere sure they had nothing but militiii to bring against us j our militia was, and I hope still is, as good as theirs ; but I do not believe that any mjun ^ill say, that the militia of any country can be made fully as good as regular troops, bred up to discipline, and accustomed to command for many years : the thing is impossible ; and it is so looked on by all the powers of Europe. There m not now a sove- 312 SIR UOBERT WALPOLE. [A.D. 1731, reigtt state iti" Euit>pe but |ci'eps a body of regular troops in thoir pay : there are none of our neighbours but what keep a much greater number than we do, and therefore it is become in a manner absolutely necessary for us to keep some. We must liave some regujar troops to op- pose to tliose that may upon a sudden emergency be brought against us, and to obstruct and oppose their passage till we have time to raise more. The only ques- tion is, how great a n mber we ought to keep, and in vhat ujaniier they are to be kept up, and so as pot to he (kngerous to our eonstitution. oAs to preventing of any danger arifjing from the re- gular forces kept up, I do not tliink there can be a bet- ter method prpp{)scd, than that of keeping them up vhose service they arc in. j grant that an army of Bri- tish ijubieci's, whatever way kept up or modelled, is not to be trusted to by a king who makes any attempts upon the liberties of fhe people ; but if such an army, raised and maint'dined without consent of parliament, was, we find, ijoc to be trusted to by a king who had such designs, ' how much less can any man depend for the execution of sucli designs upon an army sucli as we have at present? an army raised, ke[)t up, and maintained by the people ; an ai 'uy tha|; njay be dismissed by them v.i;cn they please, and an apuy that is couunanded by gentlemen of tiome of the best -estates and faniilies amopgst us, wiij; 'D. 1731. iar troops i but what tlicreforc for us to ops to 0|)- rgency be one their )nly ques- p, and in liot to be m the re- be a bet- thein up ing them hey must the par- be macje id safety omesticj f will al- ?ctii)g us •ies have 3ntcd by r side of the king, ^ of Bri- i, is not )ts upon ', raised vas, we designs, ' ution of resent ? jcople ; n they ;men of s, wiip A.D. 1731.] SIR ROBERT WALPQLS. 313 nevcF can be supposed capable of joining in any mea- sures of enslaving a country, where tliey have so great an interest, and where their ancestors have so ^ often sig- nalized themselves in the cause of liberty. It is not therefqre to be imagined, that ever such an army can be of any dangerous consequence to our liberties, were they much more numerous tiian they are proposed to be. it is certain, that every state in Europe now measures the strength olF their neighbours by the number of regu- lar troops tliey can bring into the field : the numi)er, or even the bravery of any militia, is not now much re- garded, and therefore the influence and the credit that evei'y state in Europe has, or can expect in the public negociations thereof^ depends entirely upon the number of regular troops they can command upon any emer- gency. We must therefore conclude, that if we reduce the number of our forces, our influence abroad will decrease ; our enemies will begin to imagine, tliat they may catch great advantages of us, or at least of our allies, before we can be in a condition to aftbrd any con- siderable assistance to our friends, or dp any great in- jury to them ; upon which account I cannot think it pru- dent to make any great reduction of our ai'my, before the treaties we have made for establishing the tranquil- lity of Europe are fully and absolutely secured, by such alliances as make the execution of what we have stipu- lated and agreed upon certain and indisputable, u •JT ' t Hut even as to our security at hpuie, I do not think, sir, that it can bear any reduction at present} we do not know what sudden and unexpected attempts may be made upon us. Notwithstanding the great army we have, as is pretended, at present, it is certain that we could not in several weeks tune bring 5000 men of regular forces together in any part of the island, for opp; nv invasioii that nmy happen to be made upon us, uiu .i stripping our capital and leaving it without any defence against its open or secret enemies. Those who tell us, that there were no more thi^n 7000 men in England '•*' ■ 514 SIR ROBERT WALPOLI, [A. D. 1731, during the course of \ke late war, forget that we had at that time 4000 or 5000 men in SootkuKi, and had all along a great army abroad at our command^ which we Cfould bring over when wc pleased, and did actually bring over 10,000 men from Flanders, immediately upon the hrst certain accounts we had that the French de- signed an invasion in Scotland; which made the number of regular forces then in the island above 20,000 ; and shews that we were very ftir from relying upon the 7000 men we then had in England, for our sole defence in the time of danger. Besides^ we ought to consider that the king of France was then wholly taken up in defend- ing his own territories, and settling his son in the posses-^ sion of tlie Spanish monarchy ; he had not time to think of the Pretender, nor could he spare ny troops for mak- ing an invasion upon us. n Whereas, Should that nation or any other begin now to have a quarrel with us, the first thing they would probably do, would be to endeavour to steal in tlie Pre* tender upon us with a good body of regular troops : which attempt they will always be the more ready to make, the fewer regular forces we have at home to op- pose them. We have now no army abroad at our com- mand ; our allies might perhaps have no more than were absolutely necessary for the defence of their own territories ; and though they had, we know what a tedious affair it is, before they can be brought over to our as- sistance : we cannot, therefore, properly put our trust in any but those vv hich we have within the island j and the number proposed is the smallest we can trust to, till the affairs of Europe be so settled, as that we can be in no danger of an attack. i *'♦ s«."F-''*t*#^i» ;^.^^=*^ I must take notice, sir, that all those who are profess- ed enemies to our constitution ?rid to the protestant succession, exclaim loudly against a standing army : there is not, I believe, a Jacobite in the land, but what appears strenuously against the keeping up so great i^ number of regular forces. I must, sir, upon this occa^ irn; 1731.] SIB ROBERT WXlMJilfe,' s\i gion, acquaint you with a story that happened to me the other day, Some bills having been lately sent over from ^. Ireland for his majesty's approbation, and amongjthem one against the papists of that kingdom ; counsel were admitted to be heard lor and against the bill. In arguing otthis matter, it happened that the counsel for this pd-^ pists had occasion to refer to the articles of Limerick, and tlierefore wanted them to be read ; but there being no copy of theni tlien at the council board, their solicitor, who was a papist, pulled p, little book out of his pocket, and from thence read the firticles. I supposed that this little book was his vade mecum, and therefore I desired to look upon it, and found that it contained those arti^ cles of Limerick ; the French king's declaration against tlie states of Holland in the year 1701, and three argu-^ ments against a standing army ; from whence I conclude ed, that this solicitor was a notable holder forth in coffee houses against the pernicious consequences of a standing army j and I do not doubt, but that if he were a member of this house^ he would be one of the keenest among us against the present question : for which rea- son, sir, I shall glory in being one of those that are for it, I'' ! Ui 'i M i'l> ^' Vftjil tH*> f'^Jr tVt t, ** 3l6 WILLIAM PULTENJCV. [a. D. 1731. AVILLTAM PULTENEY, (Jfterwanh Earl of Bath j) ^ Was born l685, and died 1764. He was the bittciMt opponent Sir Kobert \Valpolc ever had, (which is said to have arisen from some ditftTwice between thetn at the outset of their political career) and ho at length succeeded in driving him from his situation. Me was t membw tor Ileydon, in Yorkshire. He lost all the poj^ularity he ,TDhad gained by his long opposition to the ministerial party, vvhen > .^ lie was made a peer, and siinlc into obscurity and ronttmpt. I think tli« following is the best of his sptMiches. lie was, however, in genenil, a very able speaker. The stile of his speeches is par- ticularly good, and exactly fitted to produce an effect on a mixed i^-h Audience. His sentenc'jj are short, direct, pointed ; yet full and explicit, abounding in repetitions of the same leading phrase or idea, whenever this had a tendency to rivet the impression ' . wore strongly in the mind of the hearer, or to prevent the slight- ' ■ est obscurity or doubl. He rilso knew perfectly well how to avail hinvself of the resources contained in the stately significance, and gross fainilisu-ity of the dialect of the house of commons. To talk m the character of a great parliamentary leatler, to assume the sense of the house, to afl'ect the extensive views and disinter- *" ested feelings that belong to a great permanent body, and to de- scend in a mojnent to all the portness and scurrility, the conceit and sclf-impoi Lance of a factious bully, arc among the great arts of parliamentary speaking. Dogmatical assumptions, conse- quential airs, and big words, are wluit convince and overawe the generality of hearers, who always judge of otht^rs by their preten- sions, and feol the greatest confidence in those who have the least doubt about themselves, 'i'hereis also in this gentleman's speeches, a character, which indeed they had incommon with most of the fpeechesof the time; that is, th^y discover a gent;ral knowledge of the affairs of i ".urope, and of the-intrigues, interests, and engageiiipnts of the different courts on the continent ; they shew the states- man, and the man of business, as well as the orator. These mi« note details render the speeches of this period long and un- interesting, which prevented me from giving so many of them as the ability dis\)layed in them would otherwise have required. This diplomatic eloquence swais to have been gaining ground from the time of the revolution. We may sec from Lord Boling- broke's writings how much the study of such subjects was m fabhion in his time. v .. ■ - , A. b. 1731.] WILLIAM PULTKNFY. ; -fmim^iiodt ■ Mr. Puttenfffx lieptij: 917 We hiavc heard a ^grcat 'deal al^btit' parliamentary ar-* niies, and about an army continued from year to year. I have always been, sir, and sha;ll be, agtvnst a stand- ing army of any kind. To me it is a terrible thih^, whe* thcr under that of parliament, or any other designation-;'^ a standing army is still a standing army, whatever nam6 it be called by ; they arc a body of men distiniit from the body of the people ; they arc governed by different laws: blind obedience, and an entire submission to the orders of their commanding officer, is their only princi- ple. The nations around us are already enslaved, and have been enslavea by those very means : by means of their standing armies, they have every one lost their li- berties. It is, indeed, impossible that the liberties of the people can be preserved in any country where a nu- merous standing army is kept up. Shall we then take any of our measures from the examples of our neigh- bours ? No, sir, upon the contrary, from their misfoi- tunes we ought to learn to avoid those rocks upon which they have split. It signities nothing to tell me tliat our army is com- manded by ' swch gentlemen as cannot be supposed to jom in any measures for enslaving their country ; it may be so, I hope it is so ; I have a very good opinion of many gentlemen now in the army ; 1 believe they would not join in any such measures i but their lives are un- certain, nor can we be sure how long they may be con- tinued in command ; that they may not be all dismissed in a moment, and proper tools of power put in their room. Besides, sir, we ''■now the passions of men ; we know how dangerous it is to trust the Uestofinen with too much power. Where was there a braver army than that tuider Julius Ca>sar? where was there ever an ar- .my that had served their country more faithfully "^ That army was commanded generally by the best ati- zcns of Ilome j by ijiien of gi'eat fortune and figure in 918 ! VMLHA5I PULTKNEV. [A. D. t73). ihcir country; yet that army enslaved their country; tlie affections ot the soldiers towards their country, the honour and integrity of the under officers, are not to be depended on. By the military law, the administration of justice is so quick, and the punishment so severe, that neither office^r or soidiei; dares to dispute the orders of his supreme commander ; he must not consult his own ihclirlations. If an officer were commanded to pull hjs owri, father out of tliis house, he must do it ; he dares not disobey ; immediate deatli would be the sure conse- quence of the least grumbling j and if an officer were sent into the court of requests, accompanied by a body of musketeers witli screwed bayonets, qnd with orders to tell us what we ought to do, and how we were to vote, I know what would be the duty of this house ; I know it would be our duty to order the officer to be taken an^l hanged np at the door of the lobby. But, sir, I doubt much, if sucli a spirit could be found in the; house, or in any house of commons that will ever be in England, fift Sir, I talk not of imaginary things ; 1 talk of M'hat I?ap happened to an English house of commons, ,and from an English ariny ; not only from an Englisli army, but an army that \vas raised by that very house of commons ; an army that w as paid by them, and an army tliat w as commanded by generals appointed by tliem; therefore do not let us vainly imagine that an army raised and maintained by autliority of parliament, w ill always be submissive to them. If an arniv be so numerous as to have it in their po\\er to overaAve the parliament, they will be submissive as long as the parliament does nothing to disoblige their favourite general ; but when tliat case hafrpens, 1 am afraid, that instead of the pai'liainent's dis- missing the ;iin-y, the army will-dismiss tlie parliament, as tiiey have d(/ne heretofore. Nor does tlie legality or illegality o*' that parliament, or of that army, alter the the case : for with respect to that army, and according to their way of tiinking, the parliament dismissed by them was a legal parliament ; tliey were an army raised A. T> r country J >'Jntry, the e not to be linistratiou evere, thut s orders of lit his owH to puli Jijs dares not ire conse- licer were by a body ith orders re to vote, I know it taken and > 1 doubt •use, or in ?land. ]ii. M'hat tag i from an y, but an ammons ; that was therefore ised 'd\}d Iways be ous as to 3nt, they J nothing hat case ent s dis- lianieiit, gaUty or liter the :cording ssed by ^ raised A. D. 1731.] WW.UAW P.VtJ'PNEV. 3JB and maintained according toi.lavv^ and at first they wcii; raised, as tliey iiua(];|tied, for tlie' prcservaUon of those liberties, which, they afterwaJtds destroyed. It has been urged. Sir, that whoever is for the pro- testant succession must be for continuing tlie antiy. For that very Reason, sir, J am against continuing the army. I know that neither the protestant succession in his ma- jesty's most illustrious house, nor any succession, caii ever be safe, as long as there is a standing arrfty in Hap country. Armies, sir, have no regard to hereditary suc- cessions. The first two Caesars at Rome, did pretty well, and found means to iteep their armies in tolerable subjection, because the generals and officers were all their own creatures ; but how did it fare with their suc- cessors ? Was not every one of them named by the army withou , any regard to hereditary right, or to any right? a cobler, a gardener, or apy man who liappened to raise hims .If in the army, and coiild gain their af- fections, was made emperor of the woi'ld. Was not every succeeding emperor raised to the throne, or tumbled ho^long i^rto tl^e (hist, according to the mei'e whim or m^d tVenzy of the soldiei's ? W^ are told, Oh ! gentlemen, but this army is de- sired to be continued but for one yeai' longer, it is not desired to he continued fpr any term of years. How absurd is this distinction! Is there any jirmy in the world continued for any term of years ? Does the most absolute, monarch tell his army, that he is to continue them for ally number of years, or any number of months? How long have we already continued our army from year to year.'* And if it thys continues, wherein will it differ from the standing armies of those countries which have ali-eady submitted their necks to tiie yoke ? We are now come to the Rul?icon ; our army is now to be reduced, or, it never will. From his majesty's own mouth we aie assured of a profound tranquillity abroad — we kuow there i^ one at home. If this is not a proper Uni^, it" tlieae arcurastaaces do no|;: aJSord^ ijs a safe 320 LORD BATIIURSft I [a. D. I7J2. opportunity for reducing at least a part of our regular forces, we never tan expect to see any reduction ; and this nation, already overloaded with debts and taxes, must be loaded with the heavy charge of perpetually supporting a numerous standing army, and remain for ever exposed to the danger of having its liberties and privileges trampled upon, by any future king or minis- try who shall take it in their heads to do so, and shall take a proper care to model the army for that purpose. % iS^^ LORD BATHURST. -^■l 7)1 1.) '.hii ■ '&■ iiii His speech on the Kumhcr of Land Forces^ The noble duke who spoke last, hasspokfen so fully and so well in favour of a standing army, that if it were possi- ble to convince me that a statiding army is consistent with the liberties of the country, that noble duke would have done it. I should even be afraid to rise up to otier any thing in answer to what he has so well said upon tliat subject, if it were not, that I think myself under a necessity of giving yoiir lordships some reason for my voting as I shall do, in the important question novv be- fore us. I was glad, my lords^ to hear that noble duke allow, that the militia of the kingdom might be put upon such a footing as to be useiul for oui* defence : tliis I should be glad to see done, because t think it the cnly defence, next to our fleet, which we Can with any stifety trust to ; »and as there is no man more capable than he, of putting us in a way of making our Inilitia useful, I wish he would give us his thoughts upon that subject; I am sure there A. 1). 1732.] * LORD BATHUK8T. S«l is nothin/]; he can offer but whot will be well received and readily agreed to. As to the ex pence ot keeping our militia under a proper discipline, I do nut think tha* it is of any consideration in the present question, it' it should amount to a great deal more than what \vc now pay for maintaining our regular arm} ; it would be an ai'gument of no weight with me against the scheme, (qv I am sure, if theexpence were greater, our power would be rendered in proportion nu.icii more extensive, and our liberties much more secure. ' •' If, my lordsj the militia wi;re to be put upon a proper and a right footimg, if they ncrc to be put upon such a footing as to be really useful for the defence of the coun- try, it is not to be supposed, that the people would grum- ble at any charge or inconvenience tliey a\ ere put to upon such a necessary and reasonable account. The many loads they have quietly submitted to of late years, shew us that they are not apt to grumble, when they are convinced of the reason of the tiling-, but at present tliey know that the militia jue of no public use; they know that the drawing them out to exercise tends to no end hut that of putting money in the pockets of the officers, and therefore they grumble when they find themselves put to any expence ui)on such an unprolitablc account. Though the militia of the kingdom be under the com- mand of the king, tl^oiigh their ofiiccrs be all named b}' the king, yet under such a military force, our liberties must be safe : the militia of the kingdom are the people of the kingdom, and it is impossible to make use of the people for oppressing the liberties of the people ; but a standing army of regular forces soon begin to look upon themselves as a body separate and distinct from the peo- / pie: aod iftlie people ingeneralncdecttheuse of arms, and."- tVust entirely to such a militnry torce for their defence, the king, \Vfeo has the absolute connnand over them, n>av easily fall upon ways and means to make use of them for oppressing the liberties of the people ; by granting par- tic ulai- favours to such a militarv force, and by preserving the affections of a few nien bred up to arms and railita- VOL. I. V m i>- oo LrfRD BATIIURST. [a. d. 1733. ' ry discipline, he may do whatever lie pleases with the .multitude, who have neither arms in tlieir hands, nor any knowledge how to use them, if they had. What the no- ble duke said as to auxiliaries is most certainly tnie; those who trust entirely to auxiliaries for their defence, must always be slaves to those in whom they put their trust : it is, my lords, for tliis very reason that I am against a standing army ; for it holds equally true of a standinij army of our OAvn subjects, as of an army of foreign aux- iliaries J whoever trusts his defence to any thing but himself must be a slave to. that in which he puts liis trust ; and whatever people put tlieir whole trust in a standing army, even of their own subjects, will soon come to be as great slaves as the people who put their trust in an army of foreign tit)ops; the masters may be different, but the slavery is the same, and Avill be equally grievous. I believe it, never was said, thai a standing army is the "only method by whicli idn arbitrary power may be esta- blished ; there are, without doubt, other means by which ;,,it may be established,. but I am sure that it can never be H long supported without a standing afmy. By a political and cunning administration the people may be cheated out of their liberties ; by some sj)ecious pretence or an- other they may be induced to give up all those barriers, : which are the defence and the protection of their liber- ties and privileges ; but the fraud will at last be discover- ^ cd, and as soon as it is, the people will resume their an- cient privileges, if there be no new sort of power establish- ed for protecting the arbitrary government against any such resumption ; which power can never consist in any tiling else but a standing army of some kind or other. A standing army must, therefore, my lords, be^of dan- gerous consequence to the liberties of every country. In some free countries there muvbe at least a shew of reason for their submitting to such a danger ; bufin this country tliere cannot be so much as a shew of reason ; we have a fleet superior to that of any of our neighbours, and we know how difficult it is for any of our neighbours to in- j.^ t A..l>. 17|?J WR]^ ;,I<, f Y vade us with a considet'able force ; such designs must always be discovered before they can be ready for cxecujf tion; and as long as we preserve a superior fleet, we shall have it in our power to prevent the execution of any such design; but granting that they should by -any strange fatality or negligence, escape our fleets at sea, yet still we should have time to prepare for their recep^ tion ; if our militia be always kept in good order and un- der a proper discipline, they will be suflicient for our de- fence against ahy power that can be brought against us, as long So tlie king is possessed of the aijtections of the people m general ; and those he can never lose so readily as by despising the people, and tt-usting entirely to his standing As for those small liivasionsi iVlnch the noble duke wdU pleased to mention^ what though they had landed ? What would have been the consequence ? I hope, my lords, it is not to be imagined) tlotwithstandirtg the cdnteuiptible State to which our militia has been by eglect rdduced, that this country is to be conquered by six or seven thou- sand men. Even the late king Wilham, though he had escaped the Ertglish fleet, where it is supposed he had ti good many friends, though he had double that number of men, and though he* got all his tl'oops safely, and without opposition landed upon the English shore j yet, my lords, upon his seeing so few come in to join him, upon his first landing, he was very Hear going off again. It is not an easy matter to bring about a revolution against aii esta- blished government } but it is still much more difficult to tome in as conquerors^ and pretend to subdue such a powerful and populous cOiuitry ?is this is. And if the great king William, m ho canic to relieve us from slavery and oppression* who brought alohg n\ ith hii)i so great an army and so powerful a fleet ; if he, I say, Was so doubt- ful of success upon his first landing, what have we to fear from any small invasion ? Surely, from such the nation can never have any thing to fear, whatever sudi a go- vernment as that of king .lamcs's was might have to Icar from such invasions when encouraged, called in, and sup- ■- ■■-■:.. - . V o ''' ' '- ' ' '■ • ''■'•■:■■' '" ' ^ ■• ^24 SIR CTLBtKT niftXtVifcoTF. [A.r.'1752". u ported by the generality of our people at home, This is a case which I nope never will again ha})pen ; it is a case against which wc arc not to provide ; and for thrse rea- sons I shall be for agreeing to the reduction proposed. ' I As to our armies not being obliged to obey any but le- ^1 orders, I do not know, my lords, whether it be so or not; but in ^y opinion the noble duke has given us a good hint for an amendment to the bill ;' this word Ii'gal, ought certainly to be put in, and then in case of any disobedience to such orders, a covmcil of war would cer- tainly have it in their power to examine first into the le- gality of the orders dven ; as to which tliere may be some doubt as the bill stands at present : it may be at least alledged, that as the bill now stands, the council of war Mould be obliged to pass sentence against the sol- diers for mutiny, whatever they might afterwards do with the officer who cave the ille<;al orders. *''*"■*> Uw'^r ri'f!! SIR GILBERT HEATHCOTR^^^^^^* Was an aldiirman of London. He spoke frequently in the house about this.ycviod, aud always in a jltlain, sensible manner. ^■■■iHWMMMnHk*!* Sir G. Hcathcotes Speech on the Establishment ofEx' 'p^'i^A eke Officers*. • Other gentlemen liavr already fully explained and set forth the great inconveniences wliich must be brought on * The introdtu'Uon of the oxcis** laws excited an immense ferment throiigh lh«.' kingdom about this time. It was called by Pulteney, " that monster, ihi: ExciK.-." Aud Walpole had more difficulty in weathering the storm of opposition thai )t)se on this occasion, than on any other. How tame are wc grown ! 1 low familiar with that slavery a.r)d ruin, threatened us by so many i^ucc(.'rdiug prophets and politicians ! \Ve play with th« bugbears, and hiuidle them, and do not find that tliey hurt us. We look back, and smile at the disproportionate resist- ance of our inexperienced foret^ithcrs to petty vexations and imaginary grievojjces ; and arc like the old horse in the fable, who wondered at the folly of the young horse, who rcfubcd even to be saddled, \\ hile *hc crouched patiently under th« heaviest burthens. . A.D. 1732.] SIR GLUJERT IlEATIICaTE.' ??^ tlie trade of this nation, by the scheipe now proposed to us ; those have been made very apparent, and from them arises a very strong objection against what is now propos- ed : but the greatest objection arises from tlie danger to which this scheme will most certainly expose tlie liberties of our country ; those liberties, for tvhich our ancestors have so often ventured tticir lives and fortunes ; those liberties which have cost this nation so much blood and treasure, seem already to be greatly retrenched. 1 am sorry to say it, but what is now in dispute, seems to me to be the last branch of liberty we have to contend for : we have already established a standing army, and have made it, in a manner, a part of our constitution ; we have already subjected gveat numbers of the peopleof this nat'^. to the arbitrary laws of excise ; and this scheme)' M:de a step towards subjecting all the rest of the pec . f England to those arbitrary laws, that it will be impossible ♦or us to recover, or prevent the fatal- consequences of such a scheme. < .We are told that his majesty is a good and a wise prince : vve all believe him to be so ; but I hope no man will pretend to draw any argument from thence for ouf surrendering those liberties and privileges, which have been handed down to us by our ancestors. We havo, indeed, nothing to fear from his present majesty ; he never will make a bad use of that power which we have put into liis hands ; but if we once grant to the crown too great an extent of power, we cannot recall that grant vvhen we have a mjind j and though his majesty should never make a had use of it, some of his succes- sors may : the being governed by a wise and good king, does not make the people a free people ; the Romans were as great slaves under tiic few good emperors tiiey had to reign over them as they were under the most tM'uel of their tyrants. After the people have once given up their liberties, their governors have all the same power of oppressing Ihem, though they may not perhaps all make the same wicked use of the power lodged in their hand« j but a slave that has the good for- • V. '\l n& SIR ROBERT VALPOLE. [a. p. 173^. I! tune to meet Mth a good natured and a humane master, is no* less a slave than he that meets with a cruel apd |)arbarou3 one. Our liberties are too valuable, and have been purchp,sed at too high f^ price, to he spotted with, or wantonly given up pyen to the best of kings ; we have before now had gome good, sonie wise and gracious so- vereigns to reign over us, but we find, that imder them Our ancestors were as jealous of thei^ liberties as they were under the worst of pur kings. It is to be hope(i that W(p h^ye still the samp value for pur liberties : if we have, we certainly shall use all peaceable methods to preserve ^nd Secure them : and if such methods should prpve in- Cflfectual, I hope there is no Englishman but has spirit ienou^b to use tho^ic met;hods for the preservation of our liberties, which were used by our ancestors for the de- fence of thcits, and for transmitting ^hem dowp to us in tliat glorious condition in whicb we found them. Thpre are sortie still aljve who bravely ventured their lives and fortunes jn defence of the liberties of their country ; thprp are many, whose fathers w ere embarked in the same glorious cause ; let it n^ver be $aid, that the sons of such men wantonly gave up those liberties for ^^'hich tlieir fathers had risqued so much, and that for the poor pretence of syppressing a few ifrauds in the collecting of the public revenues, which might easily have been suppressed Without entering into any such dangerous measures. This is all I shall trouble -you with at present; but so much I thought it vvas incumbent nppn me to say, in order that I might enter niy protest i^gainst tlie question now before us. iC .jm tinmmft'^ 3IR ROBERT WALPQLB. f^^ fe*' ^ Ilis Speech on the same occosion^ ^4* 1^'? ^^^'^h ^s I was obliged, when I opened the affair now before \iuu, to ta^-., siblc for one to sit still. Of late years I have dealt but little in the study of history ; but I have -a very good prompter by me, (meaning Sir Philip Yorke) and by hii, means, I can recollect that the case of Empson and Dudley, mentioned by the honourable gentleman who spoke last, was so very different from any thing that can possibly be presumed from the scheme now before us, that I wander how it was possible to lug them into tliQ debate. Tlie case as to theni was, that they had by virtuOf of old and obsolete laws, most unjustly extorted greatf sums of money from people, who, as was pretended,f had .become liable to great pains and penalties, by hav;^ ing been guilty of breaches of tliose obsolete laws whicli for many years before had gone entirely into disuse. X must say, and I hope uiost of those that hear me think„' that it is very unjust and unfair to draw any parallel hGf tween the character of those two ministers aud minCj^ which was, I suppose, what the honourable gentlemari meant to do, when he brought that piece of history intf;^ the debate. If I ever endeavour to laise money frorp[ the people, or from any man whatever, by oppressiveoc illegal mcaiis, if my character should cverfCome to, b,Q in any respect like theirs, 1 shall deserve.thcir tate. Byt while I knqw myself to be innocent, I shall depen<| upou the protection of the laws of my country. As long as they can protect me I am safe ; and if that protectioij should fiiil, I am prepared to submit to the worst thaj; can happen. I know that my political and ministerial life has by some ^entlenpien been loag wished at an end; but they may ask their awn disappointed hearts, ho# >'\\ h||fi| 328 SIR llODERT WALPOLE. [A.D.l73i2. vain their Irishes have been ; anf) as for my natural life, I have lived long enough to learn to be as easy about parting with it, as any man can well be. As to those clamours which have been raised without doors, and which are now so much inoisted on, it is very well known by whom and by what methods they were raised, and it is no difficult matter to guess with what views ; but I am very far' from taking them to be the sense of tlie nation, or believing that the sentiments of the generality of the people were, thereby expressed. The most part of the people concerned in those clamours did not speak their own sentiments. They were played upon by others like so many puppets ; it was not the puppets that spoke, it was those behind the curtain tliat - played them, and made them speak w liatever they had a mind. There is now a most extraordinary concourse of people, at our door. ' I hope it w ill not be said that all those people came there of themselves naturally, and without any instigation from otliers, ibr to my certain know- ledge some very odd methods were used to bring such multitudes hither. Circular letters were wrote, and sent by the beadles in the most public and unprecedented manner, round almost every ward in the city, summoning them upon their peril to come down this day to the house of commons. This I am certain of, because 1 have now one of liiosc letters in my pocket, signed by a deputy bi one of the greatest wards in the city of London, and sent by the beadle to one of the inhabitants of that "w'ard ; and I know that such letters were sent in the same manner almost to every liveryman and tradesman ill that ward ; and by the same sort of unwarrantable methods haye the clamours been raised almost in every Other part of the nation. '^k*^\^M^j^ ^^m^ i omi. ^ GeritlemC/n may say what tliey please of the multi- tudes now at our door, and in all the avenues leading jto tliis house ; they may call them a modest multitude, if they will ; but whatever temper they were in when |hey cuuje hither^ it may be very much altered now. \ .D.l73i2. itural life, asy about ;d without it is very ley were witli Mhat the sense Its of the ed. The Hours did lyed upon tJ puppets It . played a mind, of people, all those d without n know- ring such and sent cedented innjoning the house lave now a deputy ion, and of that It in the adesman rantttble in every e multi- leading altitude, n when li now, Mi ' ■ i A.D. 1732.] LORD CARTERET. §29 after having waited so lopg at our door. It may be a very easy matter for some designing seditious person to raise a tumult and disorder among them; and when tu- mults are once begun, no man knows where they may end. He i.^ a greater man tlian any I know in the iia- tion, that could with the same ease appease them. For this reason I niust think, that it was neitlier prudent nor regular to use any methods for bringing such multi- tudes to this placp, under any pretence whatever. Gen- tlemen may give then^ what pame they think fit; it may be sa^d, that tliey came hither as humble suppli- cants ; but I Hnpw whoni the law calls sturdy beggars, and those who brou^t them hither could not be certain \)\xt that they might have behaved ip the same ma«m>r, * "' '' jfOHN LORD CARTERET, n>' (Afterwards Earl (xf Granville,) -tr Succeeded bis father George Iqrd Carteret wlici) very young. He 1; was e3ucated at Oxford, and took his seat in the house of lorcls ia .{J 1711, where he distinguished hiii^self by his zeal for the Hanover ...succession. In 17 IP, he went ambassador to Sweden, and in 1724, '^■' was appointed viceroy of Ireland, where his administration, at /^ ft very trying period, was generally applauded for its wisdom and r Moderation. He died in 17<)3. He was a man of ubihties, an ft highly amiable character, and a great encourager of learned men. . .;^ To him it wag that the celebrated Hutcheson dedicated his elegant "• treatiie on beauty and virtye. - , •>' ' *r.ktt4 ,*ft. , tt •3«1i:^ Zord Carteret's Speech on the Number of Land ForcesJ My Lords, #'f5^*fv .,.;.' -t^. ^.y $0 many lords hkve spolife sk) well b favour of tlie re- duction proposed, and have so fully answered all the objections made against it, that 1 should not have given your lordships any trouble on the present occasion, if. it had not been thi^t I now fiiad^ that npt, only a standing / yi* • *-*t^ • . i*i 250 le,* there e averred, id abject ige in the standing le, an/J '^ iiig toge- n get the Ilie aqny manrier, is not to an army ncdiately lich thev f, but if i may be may be wiH and ior com- tmot- be A. D. 1732.] LORD CAIITF.RET, 331 at once established upon a free people i tliis must be done by slow degrees, and requires many plausible pre- tences; aqd it is to be hoped that the lioiiour and virtue of the clergy would stand some little shock ; they could not at once be brought to that degree of prostitution,' which is necessary for Uie establishment of arbitrary power. At present, my lords, vrc may depend upon his ma^*, jesty : we are convinced that he will not attepipt to en- croach upon the liberties of his people ; we may like- wise depend on it, that our pii^sent army would not sup- port any such measures, were they to be attempted ; his majesty has been sq good as tp employ men as of- ficers in the army, whQ^e honour and integrity we may depend on ; but we are not sure of having always a king so wise and good, or an army of so much virtue and honour ; and under the besi of khigs we ought to pro- vide against th^ worst. I do not say, my lords, that we are now in any imme- diate danger of losing our liberties ; but I say, that we are getting into that way by which the liberties of every country have been undone : we are establishing tiie custom of keeping up a standing army in time of peace j we are every year increasing the number of the officer of the revenue; what will the consequence be .? 1 trem-. hie to think of it ! We are HOt indeed under any danger^'^ while his present majesty lives to reign over us : but will not every succeeding king say,' Why will you treat me worse tl^an my predecessor? Why will you refuse to grant mp that number of regular forces, or that revenue, which in the same circumstances you granted to my fa-| ther f And we well know, my lords, how complaisanti parliaments generally are in the beginning of a reign ,'\ they are generally more apt to increase both the revenue^ and the army of the crown, than they are to diminish ci-V, ther ; and if an ambitious prince should succeed to the* erovvn, supported by such a nuinerous standing army as*!, \y]\^\ is now proposed, so long kept up as to havei •■^s^ 339 r.ORD CARTKRF.T. [a. D. 1732. foTixied themselves into a diflcrcnt bo(iy from the people tu whom they belong, ami uitlj such a crowd of officers Qt the vevenuc as wc have at present, all dependinj; •pon him and removeablc at his plenaure, what may he not do ? I am surprized, my lords, to hcor it said, that stand- ing armies have had no hand in the overturning the li- beries of the several countries of Europe. It is true tliat the most numerous anuy can be of no dangerous consequence to the liberties ot any country, as long as it depends upon a great many heads ; an army can» ne- ver be of dangerous consequence, till it comes to be en- ^rely dependent upon one man ; and that it generally ijoes when it is long kept up, more especially if any one man comes to get the whole power into his hands botli of paying the army, and of naming and preferring tlie scyerul officers eujployed therein. Julius Caisar had too long » licad not to be sensible of this, ai)d therefore he procured himself to be sent into Gaul i there he con- tinued for several years at tlie head of numerous con- quering armies,, and having got into his ow n hands botii tiie power of paying and preferring in his army, he soon Mianaged it so na to make them entiiely obedient to him; tlieii he commanded them to march agair.st, and with them he cauquored his country. If there had been no standing armies of eitlier pide^ the consequence could not have been the same, though a civil war had broke out i the aruiies ncnly r«ised by each side must have had H dependeuco upon a great many chiefs, and which ever side had got the victory, the cliiei's would liave taken care of the liberties of their coniitry; they would have settled them upon the ancient Jbundation, or upon a better, }i' any better co; jUI Imvc been contrived. In Spain it was likewise by such an army that their liberties were destroyed ; the inquisition, it is true, was set up much about the same time, and in all countries ainnquisiti{)n of some kind or another generally accom- panies arbitrary power ; tiiere may be courts of inq^ui .A. D. 1732. the people of officers clependin^ lat may jie hat stand- ing theii- It is true dangerous as long as y can, ne- to be en- geiicrally i' any one ands both Jning tlie r had too refore he 3 he con- ous con- nds both he soon t to hiuj ; and with been no •c could d broke lave had ich ever e taken id have upon a at their |ie, was •untries iccoin- irK^ui A. t). 1732.]' I.OdD CAllTF.»K.T. sition witli regard to civil aflaii's as well as reli<:^oufi ; tttU all inquisitions are at first established upon some plau- sible pretence. Tlie banishing of the Moors and Jews out of his kingdoms, was the pretence made nee of by Ferdinand, then king of Spain ; but the extending of'hia own power wiis the latent and the chief reason. Tlfe inquisition was not, however, tlie <:hief cause of the loss of the Spanish liberties, it vas only a consequence : i'ltt" before tlie setting up ther^.'of, he had got the absolute command of a great army, \vhich had been kept up for several years under pretence of tiieir war witii PmtiigiiSi whose then king laid pretensions to the crown of Spain ; and by keep)ing his country in continual wars, he tbun4 pretences to keep up a standing army, with which, it is true, he conqtiered and banislicd tlie Moors, but he therewith likewise con(|uered thi' liberties of his coun- try; and the chains of the people A\ere soon after riveteil by a priest, a cardinal prime nanister, who contpleted the cruel Avork which Ferdinand by his army had so successfully begun. In France too, my lords, if was by standing armies chiefly tliut their liberties were undone ; it was not, in- deed, by armies modelled as they have them at pre- sent, l)ut it was by altering the ancient military force of the kingdom, that their lit)erties were destroyed ; it was by their kings' taking the army i) sa solde, as they call it: for anciently tlie military force of that kingdom depends! chiefly upon tlie nobility or ijreat princes; their armies were composed of the troops sent to the general ren- dezvous by the several }.»rinees of the kingdom, wlio ge- nerally piiid their respective troops ; or if at any time tiietaWnJiC(l, rvch tliou;;!rhe luis no ii.se for tUc nif)rM'y : because by giving up tlic tax he loHCH the otUcers that me enifiloyed in the coilceting then'of. '^I'liis great pHnie minister was succeeded by ttnother priest; a toreij^n priest, who liad all hi^i bud qualities but none of his good j so that by his misconduct Fratice was soon involved in a civil war t and it is said that one of tiie !j;feHteHt men of Trance at that time, and one of the greatest generals of the age lie lived in, told the queen regent, that she liad a lellow at the head of her« Taira, who ibr his crimes deserved to be tugging at the l;ar iii one of lier majesty's gallies. lint tlie arbitrary power ci the king of l"'lance had by his pricdocessor been so f mly established, tlmt it could not be shaket^ even by the many blundei"B he was guilty of; the nation, however, was not yet n ndeied so tame, but tliat it was a long •while before tl.<7 would quietly submit to that eardinal'ti; administration } and we must aliow that even but laftely ttiere has a noble spirit of liberty broke tbith in that country, such a spirit of liberty, my lords, as might pro- bably reinstate the pco})le in the full enjoyment of their former liberties nml |)rivilei:es, if it were not for the gre.1t standing army now kof)t up in that country. fi ' r In Denmark, my lords, it was their nobles that were the occasion of the loss of their liberties ; tlicy had for some time thrown the whole weiglit and Charge of the government oft' of themselves, urtd had laiw ^«; on the necks of the commons ; the whole expencc oi I id public they had for some linie raised by taxes whicli fell chiefly upon the poor people, and to which they ? .>ntributed but a trifle; and the coumious being oui*^ tired out with these oppressions and unjust exactions, resolved at last to put the wliole pov\ei uita the hands of their sove- reign; so that whilst the nqbles were sitting and con- triving ways and means how to load the poor tradesmen and manufacturers with such taxes as did not much af- fect th'jin, they were sent for to the castle, and there i I 536 LORD CARTEKET. [a. D. 1^32. were obliged to join in that deed by which an absolute power was put into the hands of the king, who could not make a worse use of it than tliey had done. This was the method by which arbitrary power was established in Denmark ; but it has ever smce been supported only by a standing army. In Sweden^ my lords, their liberties were not only destro3'ed» but tlicy were again restored by their army ; in this last chang?, my lords, that country had the good luck to be most smgularly happy; but how was that most strange and extraordinary turn tf their affairs brougljt about } I have some reason to mow it, because I wa« in that kingdom* when it happened. The late king of Sweden, my lords, is well known to have been the dar- ling both of hk nobles and commons ; he was so much the darling of the whole Swedish nation, that almost every man in it was at all times ready to sacrifice both his life and his fortune in his service, and therefore he had no occasion to model his army for any bad purpose; .he had employed none as officers in his army, but the nobility and quality of the kingdom, or such whose merit and services fully entitled tliem to whatever pre« ferment they were honoured with by him. His prime minister, ho^^ever* got at last too great an ascendant ovejt him, baron Gortz I mean, my lords, who was a man of no high birth, nor any super-eminent qualities ; yet by his cunning he got such a povter over his maste r, that uotliin^was done without him, no post, civil or military, was bestowed but according to his direction ; the men of the best quality in the kingdom, the greatest generals in the army, were obliged to submit, and to sue to him even for that V hich they were justly entitled to ; if they shewed him the least neglect, they immediately lost all interest about the king; if any one of them disobliged the first minister, he might perhaps be allowed to keep his poj>t ;in the army, he was made use of when they had occar STJiiJ tr'Loid-Cditcretwas minister in Sweden in iTl^.' ^-^ '-J^ A. D. I'ySS.] iORD CARTERET. ssr sion for his venturing his life for them ; but from the moment he disobliged the king's prime minister, he could, not so much as make a subaltern officer ; on tiie contrary,^| his recommendation was a sure bar to any man's prefer-^ nie^.t. ^ ^ ' ,],' The nobility, the generals, all the chief men io the* army, were sensible of the slavery they lay under, and were resolved to free themselves from it, if possible ; but their government was then absolute ; tliere was no, way of coming at relief, but by making their king sen- sible of the discredit that accrued to him, by allowing himself to be so much under the management of aay one man. They knew their* king to be a man of judgment and penetration, and therefore a great number of them resolved at last upon venturing to present a memorial to him upon that head. This memorial, my lords, was actually drawn up and signed, and was ready to have been presented, when that brave king was killed by a random shot from Trederickstadt, which he was then he-t sieging. li" the king had lived to have received this memorial,'* we cannot judge what might have been the consequence; notwithstanding its being signed by so many of the no-i' bility and chief commanders, notwithstanding the king's judgment and penetration, his affection tor his minister might have got the better of the respect he owed to such a number of his nobility and generals ; and if so, as he was a most absolute prince, the memorial would have been doomed to be a seditious and treasonable libel, and some of them would certainly have paid with their heads for their presumption ; but the king's death rid them of this danger, and the prime minister who had done so many ill things, was immediately seized, tried, con- demned, and executed under the gallows. By this piece of public justice, the nobles and the ge-*^ nerals of the army, whom he had principally offended, were satisfied ; they did not desire to pursue their venf geance farther than the grave ; but, my lords, the clergy VOL. I. ^>=n ... ■< i.i )..•: ! .iff:;; "d <.'] We know, my lords, that there is a party in the na-- tion disaffected to the government ; there always will, I am afraid, be such a party ; and they, or at least a great ipanyof tlieui, will always join any invasion that can be ipade uppn us. Ey^n out of charity to them, we ought r^pt to afford themfti^y hopes of success by diabandijiga part of our army i while they have no hopes of success, .they may grumble, a* little in private, but they will never venture to ,rebelv,o|)€»ly against the government ; and while they cofl^nuie ip a peaceable state, they may live easily as subjieets/: tiiey will at least preserve their lives and estates fromj being forfeited by tlie law : whereas, it" we reduce our army^ it will encourage foreigners to in- vade us ; it willeMficourage the disaffected to rebel against vthe government; the nation will never he fi'ee from alarms ; and. wc must be every now and then executing, or at least forfeiting some of our countrymen, perhaps *Qme of our relatioi^,,,,., .^a ,. , , .l-i%»«/?»/ 1/ \*t;f -fi'l< II !r^ij^^*a EAUL OF BRISTOL, a*^ i^^iy ji?(;> ^^'^^;-^'^^''-ffis Speech on the same. f«* '-^i^m^ X WAVE often heard the present ;argumcnt debated in parliament ; I was one of those who were the cause of the army's being reduced so low after the peace of Rys' A. D., 1^3i5.] IIQE^TIO.WAU'QJ^E, ?4iJ wick ; pcrbups J rcppiited of wh?it I did at thtjt time, bc- cauije of the turn that tiie affairs of Europe took soon after. But lam fully couvinced, I !?haU never have oucasiop h^ repent of l)eing for the reduction now proposed. FOr my part, iny Igrds, I caupo^ but sqy, thtit the questioii now befovc? us, puts me in mind . of AvhaJt lia^pem^d to 4 farmhouse of mine in the eoiintry, Jhe, vyall qf tne Jioyse upon pne side had failecl, find the housejiajd syiiK k little; yet it might htiye is^ood for many year^,withcjut any necessity of pulling it quite dov\n in ordqr tcj ^o^^'pj built; for which reusouj X belijijve, I should Inivo then contented myself with rcpiiiring it a little, and adding some buttresses to that wall which had tailed; but some workmen persuaded rpp tjiat they could raise it up, and repair the wall without pulling the house down;; ari^ I being j)revailed on, to ^ork they went ; but in plan^ ing posts and other engine^, to r^iso up that, side which had sunk, I do not know how, vvhetljcr by design, or' hy the unskilfulness of the workuJpn, they raised the house wl* tef MR. HOHATIO \MLPOLE. ; ^:>^^ '•* riOP, His Speech in Rephf to some /hiimadiersions thrown otlt -**« ui itigaimt the Ministry by Mr, Fuiteni^yM "^'^^ ■■T^^tf]!^, i,k^.:::,i\.:,^m., ^u,J: ^i,:uu-^iy ji:.-A.x . ?'"i'>^*q ?ibBj^ HE honourable gentlenjah wjio spoke la$t, pn^Jcd his speech with saying, that he would not Vvillingly tling tljp frst stone; but it seems he had then forgot \vhat he had said but u very little before, by w hich, if jie did ngt fling a stone, he at least, in my opinion, threw a veiy grea,t pebble at the whole house. After having told !|4S that it was not allowable to say any thing against wjiat was done by the majo^'ity of this house, he s^i4> ,th^t there were, notwitlistanding, some Qiejtl^iods of spet||^- ing, which were not against oider, ajid by which gQutlp- , m-.r-. \i\ ^ t HORATIO w'aLPOL£. [a. D. 173.t. men might be made to feel that an answer might be given to what the majority thought unanswerable ; then he talked of scandalous things having been done in for- mer parliaments by a corrupt majority. Now, sir, I would be ^lad to know how this house can feel any thing that is said of former parliaments, unless it he meant that the present parliament is of the same nature with the former parliaments talked of? This, sir, as I have said, seems to be a very great pebble thrown at the whole house ; besides the dirt he had before flung at the supposed author of a pamphlet lately published, whom he took care to describe so particuliarly, that I believe every gentlemari thinks the author, or at least the sup- posed author of that pamphlet, is now speaking to you j but I can freely declare that I am not the author of it; I have, indeed, read it, and I believe the greatest quar- rj^l that gentleman and his friends have with it is, that they dp not know how to answer it. The honourable gentleman likewise pientioned the case of a patient and his physician ; but I leave the world to judge who most deserve the appellation of quacks; they. who have the proper degrees, and who practise in a regular manner; or that gentleman's friends, who have been for some years past dispersing their quack bills round the country, exclaiming agamst all those in the regular practice, and endeavouring to pcr- stiade people in good health, that they are in a danger- ous coriditipn, and that if they do not immediately ciis'- charge all their regular physicians, and swallow their quack powders, they piust inevitably perish, j'^: ;i t^. But, sir, to be serious, as the gentleman said upon this subject, though I cannot think that the subject now before us is so serious as lis would represent; if those gentlemen would fairly and openly epter into the consi- deration of the state of the nation, I will defy that gen- tlemaii, or any other gentleman, to shew that those in tlie administration have acted any part, or entered into any measures but that were, at the time they were A.I>. 1733.] HORATIO WALPOLE. 043 transacted, the most corlsistciit with !Kc interests '^f Crreat Britiiin of any that could be then tliouglit of, or. cntercd into. Gentlemen may give to the present admi#{ nistration the name of a shitting, administration; gentle^ men may say that they have wheeled about from eburt to court; but upon inquiry, it will appear that tiiev have never shifted or wheeled, but when the interest ot thehr country renuired it ; and that if there has been any shifting or wheehng, it was always owing to a change of the measures at other courts. As long as any power in friendship or alliance with us, continued to act agreeably to the interests of Great Hiitain, so long we continued firm to them j but when any of them bejtan to enter into measures which were directly opposite to our interest^ we then likewise changed our measures, and had re- course to other powers, who from that moment became our more natural allies. This, sir, has been the me- thod always observed by those in the administration ; but T know who they are who have shifted and wheeled with quite another view than that of the interest of Great Britain ; when we were in friendship with France, they were caballing with tlie ministers and agents of the emperor i when the face of affairs changed, and our friendship with the emperor was restored, they then ca- balled with the ministers and agents of France ; and thus they have been always in the greatest friendship with those who have been most at enmity with their na- tive country. In short, sir, I find that those gentlemen who call themselves patriots, have laid this down as a fixed prin- ciple — that they must always oppose those measures which are resolved on by the king s ministers ; and con- sequently, must always endeavour to shew that those mea- sures are wrong j and this, sir, I take to be the only reason why they have been as yet so silent as to a cer- tain subject, in which the interest of their country is very nnich concerned. Their language at present is, as J suppose, ' Do not let us declare our opinion, let us 54^ »IR. CAMPBELL. :l. [a. D. 1733. wait till we know wlint part the ministry tuUcs, aiid then If.t us endeavour to shew tiiat they ought to liave actetl quite other .vise' It" I may he allowed to usp a low si- mile, they treat the uiinis»try in the sunic way as I aip tKMited by some gentlemen of my acquainlauce, with lespect to my dress : if I am in plain cloalhs, tljen they Buy 1 am a slovenly dirty fellow ; and if by eUance I have a suit of 'cloatlis wiUi some laee upon tliem, tliqy cry, What, shall such an awkward fellow wear fine cloaths ? So that no dress I can appear in can possibly please them. Jiut, to conclude, sir, the case of the na- tion, under tlie present administration, has been tlie same with what it always has been, and always must be : for to use anotlier simile which my worthy friend over the way, whom I have in my eye, will understand, as long as the wind was fair, and proper for carrying us to our designed pprt, the word was steady — steady ; but when the wind began to shift and change, tlie word came tlien necessarily to be : tlius — thus, and no nearer. , 'ttHi 'k^ ijmnu MR. CAMPBELL. «<^?n:mwy')ifi >*&'* ttm^- y-^tit (Member for Pembrokeshire.) ^ »rrdt lirrt-H^O He seems in this debate to have steered clear of any think like conj- luon sense, with such dexterity, that it would be no difficult mat- ter to pronounce hinn more knave than fool, A man cannot be so ingeniously in the wroui; by accident. There is a striking re- st^mblance between the arguments here usetl, and some that have been brought forward on more recent occasions. Change the form, the names, and the date, and in reading this, and the fol- lowing speech, you would suppose yourself to be reading the con- tents of a modern newspaper. It is astonishing how trite; how thread-bare this subject of polities is worn ; how completely every topif relating to it is exhausted; how little is left for the inven- tion of low cunning to plume itself upon, or for hoiifist ambition to boast of! Those who have it in their power may very wisely devote themselves to politics, either to serve their own ends, or to serve the public : but it is too late to think of acqqiring dis- tinctioa in this? way. A man can at present only be a retail dealer ~f A.D. 1733.] Mil. CAMPSFXL. 347 in politics : be can only kp«p a sort of huckattr's abop of reaily ' made goods. Do what he can, he can ouly leijctit what hus ulrcudy bi'on eiiid ii thousand times, and iimke n vuiu display of borrow«*d wifdoiu or folly. " 'I'wus mine, 'tis his, and inuy be any inan'»." W'bat jjrHiiHcution tliore cuti be in thin to uny one, who doeu not live untirely iu tho uclio of Iuh own iiame, i do not understand. I should Hs soon think of being proud of wearing a, i^uit of second hand clothrs, or marrying another man's cust-ofT mistress. In the beaten path of vnlgur ambition, the dull, the mechanical, the • Buperticiul, and the forward pre^iS on, and are Huccessful, while tht mMt of genius, Hiihamed uf bin couip«titorb, al^iiik^i (ro^n tba CMntest, aod isi soon lost in the crowd. , k,,/ rM!i .fiB»ir» t rf» ;;i}'>v n n im ftHwnkmi'H tm'M^ Hit Speech agalmt a Bill to Prevent Officers (if G(h uj ^i- vernmentJ'fQm sitting in Parliament. . ... In my opinion, this bill is one of the most extraordinary and most unreasonable bills I huve ever seen brought into parliitment. It is, I tliink, not only unreas)>nable, but in several respects unjust. For, as to the electors, the people of Great Britain, it is certtun that they are the best, and, indeed, Uie only proper judges, who are the most capable, a»)d the most proper persons to represent them in parliament ; and for us to pretend, by a.law, to lay arestraii;it uponthyni in their choiCe, is certainly dor ing tliem very great injustice. If tlie people, the elec- tors of any shiie, city, or borough, make choice of a gen- tleman tp represent them in parliament, who has an employment in the government, that very choice is a sufficient proof that they do not think the service of their country in parliament, and the service of the crown, in- compatible. And the law has already wisely provided, that in case any gentleman accepts of a place, or an em- ployment in the government, after he has been chosen a member of parlievpient, his seat in parliament shall there- by be vacated j he must return to his county, city, or borough, to be re-chosen, and if they again choose him, it 13 a .eertaJQ sign tliat they continue to think him the S4S Jin. CA^fPBELL. [A.n. 1733. most propf r person to represent them, notwithstandins; his having accepted of a place or employment under the n*own. Then, as to tlie gentlemen mI)o are now, or may hereafter be in offices, civil or military, under the crown, it is certain that they generally are gentlemen of families, and many of them have very large properties in their country. Ilave nottliey, tiierefore, as good aright to (itand candidates for being chose members of parlia- ment, us any of those gentlemen who are out of employ- ment ? And if tlie people do them the honour to choose th'jm, why should we, by a law, deprive them of that ho- nour, which the people have thought iit to confer upon them ? Is it not robbing them of a pait, at least, of those rights which they havu a just title to as Engiiiilunen, or as free Britons ? ' , «* .'U hy this bill I must likewise think there is a very great piece of ii^justice done to the crown. I cannot but think it a very extraordinury thing to put such a mark of disgrade upon all the oflicers employed by the crown, as to exclude them from the right of having seats in parlia* ment, and that for no other reason but because the king has thought them worthy of serving their country in some office, civil or military, under him. It is really not only putting an aftront upon his present majesty, but even upon the crown itscltj and rendering it impos- sible for our government to subsist under its present form; for if such an ignominy shall be put upon all those who shall accept of any employment under the crown, as to ren- der them incapable of serving their country in parlia- ment, which is one of the highest honours a gentleman run have in tliis country, what gentleman of family or fo'tunc, of honour or capacity, will accept of any em* ployment under the crown ; and thus, by rendering it im- possible for the king to get any man of family or fortune, of honour or capacity, to serve under him, you will ren- der it impossible for our goviernment or constitution to subsist under a monarchical form. - Should the bill now before us pass into a law, I think A. D. 1733.] MR. CAMI'BILL.. 349' it is easy to foresee the consequence. Tt would briiii; the house of commons into the lughcst contempt ; or \i. would bring all tliose geptlemen, who accept ot any ot- fice in the j^overnment, -civil or military, under contem|)t. It is natural for every man to endeavour to render con- temptible, tiiat honour, that post, or that thing, w hich he knows he cannot attain to. The gentlemen of the army, the navy, or in civil otfice, knowing that by law they were all absolutely excluded from the honour of having seats in the house of commons, would all join together in endeavouring to render the house contem[)t- ible in the eyes of the people ; and we nceil not doubt but that the clergy would jom with the rest, because I tlvink they are already excluded. On the other hand, the gen- tlemen of the house of commons, and those who might continue to be eligible into this house, w ould cnd^javour to support the honour of this house, by endeavouring to render contemptible all those who accepted of any post or employment, either in church or state. Is it not much to be icared, that such an unnatural division as this might, in the end, prove fatal to the constitution ? For the success of either party would certainly overturn our present form of government. I will not say, but the country gentlemen are very proper representatives of the people ; and I believe tlie majority of this house will always consist of such, as it has formerly done ; but I believe it w ill be granted me, that it is necessary, for dispatching the business that properly comes betore this house, to have likewise some of those gentlemen among us, who belong to, and are acquainted with the manner of transacting business in the several great offices under the government. Every gentleman who has been but a short time in this house, and has attended to the several sorts of business that have come before us, and the several sorts of papers and accounts we have from time to time found it neces- sary to call for, must have taken notice that the, house would have been sometimes greatly bewildered, if we 350 SAMrEL 8AN»rs. [a. D." 1733. had not had some gentlemen among us belonging to the public offices, capable of explaining to the house the matters which we then happened to have under our con- sideration ; which nuist convince every man of the ne- cessity of having some such gentlemen always' amongsft us. If, indeed, there were reason to suspect that gen- tlemen in offices were, by their enjoying such offices, any way influenced in their way of acting or speaking in this house, it might then be necessary to contrive some way of preventing tliat influence for the fntr.rc^ ; but as I am convinced that u man's being m an office, does not in the least influence his way of thinking, or his manner of acting in this house*; I therefore think we have no or casion for contriving any such remedies at present, and far less for such an extraordinary remedy as is pro- posed by the bill now before us ; for which reason I am acainst committing it>^^*'^^*^»^'^" umu^^i «h i^i*i*l4i.d al , • (Member for JUrcesterJ ,,^ ro-j^ioq ii^o. WftS one of the most frequent and able speakers of this period. What hiB principles were I do not know : for the side which any person took at this time, was a very, equivocal test of his real sentiments ; toryism, through this and the preceding reign, ge- nerally assuming the shape of resistance to the encroachments of the prerogative, and attachment to the liberties of the people. -^{..•-■^ ':!--'iwj^i' ■' .-,.1 <:i .•n.iwfi g!;' •ifi;/rxr;'i;>?m>:> 'ri-r:>{u:ir :■-:'"; ir-i ^'i^^ i!:^^J^.( f i:yf^^-h\>^':.-: hensive that our going into a committee upon it would have been opposed : for as yet it can be called little more than a blank ; it cannot well deserve the name of a bill, till it has gone through the committee, where the many blanks which are now in it, are properly to be filled up. I was, indeed, surprised to hear the worthy gentleman who spoke last, say that he thought it the most extraordi- nary and unreasonable bill he had ever seen brought into tliis house : for if the gentleman will look into our jour- nals, he will see that this very bill has been often brought in, and has almost always been passed in this house ; and I am sure, if ever it \vas thought reasonable by this house, it must now be thought much more so, Avhuii the number of placemen is much greater than it w as ever heretofore. The worthy gentleman has likewise told us, that he thinks the bill unjust, both with respect to the crown, the people, and the gentlemen who have the ho- nour to be employed by the crown ; as to which I sliall take notice in general, that, by the fiame method of rea- soning, he may prelend to shew us that all the laws that were ever made for regulating elections were unjust, and were encroachments up6n the rights of the peoj)le. I shall readily agree w ith him, that the people are the pro- perestjudi^es who ought to be chosen by them for repre- sentatives m parliament ; and I am confident, that were they left to a free choice, we should not see so many civil and military officers brought into parliament. The people, I believe, would always think themselves more secure in being represented by country gentlemen, witli v.hom Ihcy are well acquainted, and who can have no interest separate Irom theinj than by clerks of offices, or such otfier persons, m horn they perhaps never saw or heard of before they came down to be chosen their re- presentatives, and whom, prf)bably, tliey may never see again till they return to ask the same favour; which every gentlemjin here knows to be often the case with 3J3 SAMUEL SANDYS. [a.d. 1731 many of our little boroughs in England. But to say that it would be any injustice in us, to lay any restraint upon tlie people, as to the choice of their representatives, seems to nie very extraordinary,- uhen we consider tiie laws now in being, by wiiicii tlie people are restrained froni choosing any gentleman for their representative, ivlio is not possessed of such an estate. Surely, we may, with respect to elections, without being guilty of any injustice, lay what restraints we think necessary for the good of the public, and the prehervation of our con- stitution ; and I am sure, that \^ hatcver is for the benetit of the people, cannot bcjustly said or thoughtto be injurious to tlie crow n. It is extraordinary to say that what is pro- posed by this bill, would be an injustice done to those who ore thereby to be made incapable of being elected ; for have not we already a law by which all the officers concerned in the collection of the customs or excise, are rendered incapable of being chosen members of parlia- ment ? And yet I have never before heard it urged that tliere was any injustice done to those gentlemen, by ex- cluding them from having seats in parliament, as long as thev are in an office, which is inconsistent witli their be- ins members of this house. I will allow, tiiat the choice made by 'he burgesses of a little borough, or by the freeholders of a county, if it falls upon an officer, civil or military, shews that the ma- jority of those electors, at that time, did notthinli the ot- iice he tlien enjoyed, incompatible or inconsistent with Jiis being their representative ; but I hope it will not be said, that the burgesses of a little borough, or even tlic freeholders of a county, are better judges in this respect than the representatives of the whole people of Great Britain met in this housv", especially when the opinion of this house is approved of, and confirmed by the other two branches of our legislature. As to the alternative pretended, *hat if this bill should pass irito a law, it would render either the officers, civil and military, con» temptibje, or this house coptemptible in the ^yes pf the A. p; 1733.] SAMUEL SANDYS. 36i) arv, con" people ; I cannot imagin© how it could produce eitlier of these eifects ; for as to the officers, civil or militaiy, is it to be imagined that a successful general or admi- ral, a brave and experienced captain by sea or landi or a civil ofiicer, honest, expert, and diligent in the station he is in, would be contemned because he was not capable of being a member of this house? Were the clergy ever brouglit into contemi)t by their being ex- cluded the privilege of being chosen members of parlia- ment? On the contrary, 1 believe they never got any honour by being menibers of either liouse ; and I be^ lieve tiiere are very tew ofiicers, eitlier civil or military, in the kingi,li:!!!t3i^' ^ . '►;iu>i.f'» ;x i' PHILIP DORMER STANHOPJ;.,,^ ., (Harl of Q/ieiterfield,) Was born in 1694. He was educate 1 at Cambridge, after which he went abroad, and on his return to England, became a member of the house of commons. In 1726; he succeeded his father in the house of peers. He was appointed lord lieutenant of Ireland in 1745, where he continued till 1748. He died 1773. I haY«'giv?™iagroatet number of his speeches than of any person's about tliis time, because I found them more ingenious, und amusing, and elegafit, than any others. 'I'liey are steeped in classical allusion ; aria he ^riems al- ways uuxious to adjust the dress, and regulate the forms di the English constitution, by the looking-glass of tlie Roman com- monwealth. There may be a little sprinkling of academic affec- tation in this, but it is much more agreeable than the diplbfnatic inipertmeuce and ofillcial dulness, which were at that time U() much in vogue. His speeches are, in this respect, a striking con- trast to those of Pultency, Pitt, Pelham, &c. It has been said thr t they want force and dignity. If it be meant that they arft not pompous and extravagant, I shall admit the truth of the ob^ jection. But I cannot see why ease is iiiconsi stent with vigour^ or that it is a sign of wisdom to be dull. If his speeches cgnr lam as much good sense, and acute discrimination as those of hif rivals, as clearly expressed, and seasoned with more liveliness of fancy, I should be 'disposed to listen to them more attefttivelj', ol' to read them oftener, than if, as is often the case, their strength consisted in mere violence and turbulence, and their only preten- sions to wisdom arose from their want of wit. There is some- thing very peculiar in the form of his sentences. He 'perpetually takes up the foiraer part of a sentencCj and by thyowitig it ititb the next clause, gives a ai;-tinctness anri pOintedness to evfe>y se- parate branch of it. His sentences look like a succession oi little i;mart climaxes. " And, therefore, an administration without esteem — without authority amonjg tae people, let their power be nevi^r so great-— let their power be never so arbitrary^ will he ridiculed. The severest edicts— the most terrible punish^ meiits, cannot prevent it. If tin v n an, therefore, thinks he has been censured — if any majj thiaks he has been ridiculed, upon any of our public theatres," &c. •* As no man is perfect, as no mart is infallible," 6lc. See hie spetHrh on the theatres. This tiiethodi is, I suspect, borrowed from th«; F*-ench : \Mliere it buita With «he turn of a man's mind, it is agree hIu-j enough, and must 'ha\'c ft very good eltect in t^peikint^. It is, at least, better than out* A a '"' vij^.^: 346 tARL OF CHESTEnFIELD. [A- D. l/SiJ. ... modern style of rhetoricul nrchitecturo, where the noininntive rase ■ is mounted up at the top of the page, and tlie verb fixed at the bot- tom ; than thohe circular liuiders^ and winding'-stairciiscs in i|» lungueige, whtfc the whole hangs' snspwided in an airy rOund, and If the meaning drop:", down through the middle. The lute Mr. Pitt 1.^ was a muster of this involved style.'io vjti^i ) ■ . ■'9: • til i;/C jI- ai(i ;u«i His Speech on t fie Princess Hoi/ars Marriage Portion'. Si My Lords,. I DO not rine up to oppose the bill before us, but 1 think it is incumbent upon me to declare, tluit it is, in my opinion, a most indecent thing to -provide for the princess royal of England in such a msumer: It i.s* most ilisresj)cctful to the royal family, to i)rovi(lc a marriage portion for so illustrious a branch of tiiat family in sucii a bill of items. Here is imprimis ^ 500,0001. for the current service of the year. Item, 10,0001. by way 01 charity for those distressed persons, who are to trans- port themselves to the colony of Georgia. Item, so nmch by way of charity for repairing an old church. Iteniy so much by way of charity for repairing a dormi- tory. And itetn, 80,0001. as a marriage portion for the princess royal of England. How incongruous is it, my lords, to see such a provision come hi by way of item among so many other items, many of which are for cha- ritableusesl ■"• -•••*••-" ■ -. ,- .^^ ...-.-m -^ , In duty to the family of which that royal nnncess is descended, out of tliai regard and esteem •s\hich we ought to have for her, and m hich she so much deserves, not only from us but from the whole world, her marriage portion ought to have been provided for in a particular bill by it3elf; no foreign matter ought to have been mixed in such a bill. Your lordships were so careful in tUat respect, that, when you were about drawing uu A. D. 1 733.] DUKE OP NEWCASTLE. 357 aij) *w«i iiit{ tin address of thanks to his majesty for communicating to this house the intended marritige of the princess royal, you would not receive a tew words which were offered by way of conipHincnt to tlic states general, and which might very properly have come into that address, because you were resolved to put nothing into the address that was uny way foreign to the intended marriage, which^ jiis majesty had been pleased to communicate to youi'"^^ As I auj resolved not to oppose this bill, therefore, my lords, 1 shall not say any thing to tlic method of tacking made use of upon tliis occasion ; nor shall I jiow object against the means made use of for providing for the current service of the year i but l)Oth ought cer- tainly be taken notice nf, and I hope your lordships willj* upon this occasion, come to some resolutions which may tend to prevent the like practices for the future. n n,l ■'m^ pUKE OF NEWCASTLE, ' «^ i.coy Ilk Speech on the Armif kcgulation Bill, My Lords, ! Jut' '^'ii'^'fi-^-m--; ^i As I snail certainly give my vote against the second reading of this bill, I must beg leavi ♦o give some of my reasons for so doing. I nuist be of opinion, my' lords, tliat it will always be proper to leave in his ma-1 jesty a power of removing the officets of the army at^. pleasure,, in ordcrto preserve that respect and obedience which is due from them to their king; but L am the- more firmly of this opinion, when I consider, that there is at |>resent a pretender to the crown of these realms ; (qi- while there is such a misfortune hanging over us, we m piuivr Of NEwcAsji,ii. [a.d. 1733^ nmy conclti^, tbftt there? will jJ-ways be plots and con- tfivftiiices ip Uiis kingdoni against the person in posses- sion of tlie throne ; and wiiile tliere is a pretender, he may baive, without all doubt, his agents in die army; as wqll as he lias every where else : under such circum- stances it is not to be doubted, but that some of the of- tijcenanifiy, ^t sonne time or other, be drawn away from their, duty to their 14ng and country; some of them may h^ppcQ to be misled, and drftwn into engagements ^aaiuetbw majesty's person and govermnent ; and, while hisi inejesty is in. such clanger, Bhall we put it out of his po^wer to remove those officers from their commands in the afnoy) though he has certain information of their being in a plot to overthrow his govermnent, perhaps eyen to take a-way hialife ? This, n^y lords, his majesty may have most certain in- formation of; the officers concerned in such engagements may be made known to him, beyond all doubt or con- tradiction, and yet the proofs may be such as would not prevail upon a court-martial to condemn their bro- ther officer to death, or even to be broke ; or they may be such as could net properly, at least at that time, be laid before a court martial ; because, if they were laid before any such court, the informers, and all the other methods by m hich the plot was at first discovered, and the whole progress of it traced, must then become publicly known, by which all further discovery would be eft'ectually prevented; and if the bill now presented should pass into a law, his majesty would be under a qecessity of laying all these proofs immediately before a ocyjiTt mai^tiaj, or of allowing such ti'eacherous officers,^ perl»a|)s, ^ven one of his chief generals, to continue in conunawd, by which tb^ey might probably be enabled to r«nd«r iheir e^ngpipaqiies, successful. For which re«5on I hope,, that none of youy Iprdsbips will approve of tliis tny, whei) you consider how dajngerous it ma,y prove to be for our present happ^y establishment, and how much it^iway we^en the baixd^ of thg goverjan^icnl agaija^t any A. I). 17ii3.J DUKE, Oi' KFAVCASTLE. Z39 attenipts tliat iiuiy Iicreaftcr be made in favour of the ])rctcn(l(T. Besides this, iny lords, tlierc arc many other cases wiiich might be mentioned, wherein his majesty miglit iiave very good reason to remove an olHeer, though it would not be at all proper to make that reason so public as to lay it before a court martial. There are likewise many little crimes wiiich an oftic>;f jt jjoq-f *tj,*n!:ij-.»:vj| \i\ ;>t'^. i^iri I voTF.D for the bill, which your lorflships have hccn pleji^ed to reject ; and I voted for it, because I heard what 1 thought very strong and convincing arguments offered lor it, and not the least shew of argument against ft^** What tho noble duke m as pleased to take notice of, was a very good argument for offering an amendment to the bill, but it was no argument against the bill itself, and much less against the second reading of it. It is certain, that men arc sometimes guided by their hoj)cs, as well as by their fears ; but, surely Mhen Ihe hopes of preferment, and the fears of starving, are put together in the scale against virtue and conscience, they will jointly weigh more heavily, than either of them wouki do se- parately. I cannot allo\\-, that evei^ man, A^ ho may be governed and directed in hi§ way of acting and speak- ing, by the tear of slai ving, will likewise be directed by the hopes of preferment, or the hopes of a more lucrative post or employment ; for he must have a small share of \ irtue, and a very great share of ambi- tion or covetousness, who is directed to act against iiis conscience, by the single hopes of preferment, or the hopes of a more lucrative post or employment. And it must be granted, that there are many men, vho have so little ambition or covetousness, tJiat if tliey are but made. n. \73:i A. n. IT'-io.] F.AKL OF ANGr.LSF.A. ar»i ■/ V • I- V the Didr itnenfs. ■ avc l)ccn e I heard arguments nt aijainst notice otj idmcnt to >il! itselt; it. Jt is Mr lioj)cs, hopes of igethcr in ill jointly d do sc- may be id speak- directed a more : have a of anibi- ainst his , or the Anfl it have so Lit made. iWYL' of a moderate support for life, the Ijopcs of prefer- ment, or the hopes of adding to their yearly income, will have so, little etlect upon them, that, uithevcn but a small share of virtue, they may hold out aguin.-t the most alluring hopes : but it must be allowed, that the man wlio stands hit^ ground against the fears of Ixiiua T duced to a starving condition, as well as against the hoi>es of preferment, and adding to his yearly income, mui-t have a very great share of virtue ; a greater share, I am afraid, than most men can brag of in this degene- rate age. As for those vvlio are quite abandoned, and governed entirely by their own selfish ends, I belie v(^ it is not possible to make them Jionest or virtuous ; Imt surely there are degrees both of vice and virtue. All men are not equally vicious ; and if we could, by the bill's being j)assed into .a law, but have preserved the virtue of some, it would certainly have been worth our while ; ^\'e could afterwards have amended it, if we had tbund, that what was done was not sufficient. ^'Asto the address now proposed, I cannot see, my lords, how it is possible that an humble address from ei- ther house of parliament can lie deemed an attack upon the prerogative of the crown, His majesty, or any of liis successors, may make wiiat use they please of anv of the prerogatives of the crown j but it is certain, that if ever any bad use is made of those prerogatives, the par^ liament has a right, nay, it is their duty, to inquire into it, and to desire liis majesty to acquaint theui ■\>ho it Mas that advised him to take such a step. This has al- ways been the practice of parliament, as to every pre- rogative that was ever claimed by the crown. This is the very case now before us : his maje.'>ty has made use of liis prerogative in removing two noble lords from their commands in the army. These removals have oc- casioned a most universal complaint through the whole nation, because it is generally believed, that there were no sufficient or good reasons for removing them ; and as it is the duty of this house to take cave, that Ihs majesty IMAGE EVALUATION TEST TARGET (MT-3) 4p 1.0 I.I ^1^ Ki « I III 2.0 12.2 us 1.8 1.25 1.4 j4 ; ^ 6" - »«■ Photographic Sciences Corporation iV ^ #^ ^\ >ie.>;'''^'' ^ ^ t"^ .*. '% 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 K, bs ^ 06^ HAUL OF ANGLESEA. [a.D. 1733. shall not by any step he raay be advised to take, incur the general censure of the people; therefore this gene- ral complaint that has been raised, is a most sufficient foundation for the addrtjss now proposed. His majesty's conduct is no Muy concerned in the questwn, it is only the conduct of those who advised him ; if they advised hiui well, they will bejustiticdby what is now proposed; if they advised him ' ill, tliey certainly deserve at least tile censure of this house : but to tell us tliat his ma- jesty's conduct is, or can be concerned, in any such quef%tion, is directly to tell us, that the parliament of Great liritJiin shall never inquire into any thing, tliat their king shall be pleased, by the advice of his minis- ters, to do. As to the number of those who have been removed, it is of no signilication in the present question; the cause of removal is what your lordships are to inquire into : for it those two noble lords v;ere removed only as an example to others, one example may ^rve to keep hundreds in awe ; and if that example was made, only to serve a ministerial end, it may be of tlic most fatal consequence to our constitution. For tliis reason I shall be for the address moved for. The motion may perhaps be rejected by a majority of this house ; but if It be rejected, the whole world will be convinced, that those two noble lords were removed from their com- mands in tlie army, for no cause ; at least, for no cause that cau well be publicly avowed. , , • ■ m ^'■■ .§i^ |<5^^|^i^v's;g,^f"'iA i,'.p^ -^fi ^'^ K^i^.^ ^0u ^v.iji'i^ Mk^ r-legant and able compositions to be found iu the records of the inn •U' • tft Vtif ^ 'i't-l^fl *S;> John ^t. Aubin s Speech on the Triennial Bill. ' Mr. Speaker, ^'j^*^- '^ The honourable gentleman who made you tJiis mo- tion has supported the necessity of it by so miany strong and forcible arguments, tliat tliere is hai'dly any thing ; SSJi SIR JOHN ST. AUBtNi [a. D. 1733., new to be offered. I am very sensible, therefore, of the disadvantages I must lie under in attempting to speal^ after hinj, and I should content myself with barely se^ conding him, if die subject matter of this debate was not of so great importance, that I should be ashamed to return to my electors, witliout endeavouring, in the best niaitner I am able, to declarfe publicly the reasons which induce me to give my most ready assent to this que^s- tion. 'Tis evident from what has been s-^iid, that the people have an unquestionable right to frequent new parliaments by ancient usage, and that this usage lias been confirmed by several laws, which have been progressively made by our ancestors, as often as they found it necessary to in- sist on this essential j)rivilege. parliaments were generally annual, but never conti- nued long^f than three years, till the rtni»fkable reign of Henry VIII. He M'as a prince of unruly appetites, and of an arbitrary will ; he was impatient of every re- straint ; the laws of God and mari fell equally a sacrifice, OS they stood in the way of his avarice, or disappointed his ambition. He therefore introduced long parlia- ments, because he very well knew that they would be- conie the proper instruments of both; and what a slavish obedience they paid to all his measures is sufficiently known. If we come to the reign of king Charles I. we must acknowledge him to be a prince of a contrary temper i. he had certainly an innate love for religion and virtue j and of consequence, for tlie liberty of his country. — But here lay the misfortune.— He was led from his natural disposition by the insinuations of sycophants a^d flat- terers ; they advised him to neglect the calling of fre- quent parliaments, and therefore, by not taking the con- stant sense of his people in what he did, he was worked, up into so high a notion of prerogative, that the com- mons in order to restrain it, obtained that independent f«tal power, which at last most unhappily brought him A.D. 1733.] SIR JOHN ST. AU13IN. 365 to his most tropical end, and at the same time subvcitcd the Avhole constitution. And I iiope we sliall leain tliis lesson from it — never to.cx>mpHmentthe cixjwn witliany new or extravagant powers, no*- to deny tlie, people those rights \\ iiicli by ancient usage tliey are entitled to ; but to preserve that just and equal balance fron? which tiiey will derive mutual security, and whidi, if duly observed, will render ouc constitution the envy and adjiiiratioa of the world.'. *f r . ■.-, : 1 ; ; t King Charles II. naturally took a surfeit of parlia- ments in his lather's Lime, uad was therefore extremely desirous to lay them aside. But this was a scheme im- practicable. , However, in etfect lie did so, for he ob- tained a parJianieiit, which by its long duratioil, like an army of veterans, became so exactly disciplined to his own measures, that they knew no other command, but frbm that person who gave them tlieir pay. This was a «ttfe and most ingenious way of enslaving a nation ; it was very well knovin that arbitrary power, if it Mas open and avoweti, woukl never prevail here. The people were therefore aroused ^vitii tiie specious, form of their ancient constitution : it existed indeed in their tancy, but, like a mere phantom, had no substance or reality in it : for the power, tlie authority, the dig- nity of parliaments were wlioUy lost. This was that re- markable parliament, which so justly obtained the op- probrious name of the Pension Parliament, and was tiie model, from which, I believe, some later parliameuts have been exactly copied. At the time of the revolution, tiic people made a fresh claim of their micient privileges ; and as they hait lately experienced the misfortune of long and servihi parliaments, it was then declared, that Clicy should ba held frequently. But it seems, tlieir full meaning wan not understood by this declaration ; and therefore, as in every new settlement, the intention of all parties should be speciticaliy manifested ; the parliament never* ceased struggling vvith the crown 'till the triennial \a.w .jj,i.. »*iu-' ". . .-- ^ v^^/H' i-r' sea SIR JOHN ST. AUBIN. [a. D. 173S. I A.D.I was obtained ; the preamble of it, which the lK>nourable centlcmaii has recited, is extremely full and strong ; and in the body of the bill you will hnd the word declared before enacted, by which I apprehend, that though this law did not immediately take place at the time of the revolution, it was certainly intended as declaratory of the first meaning ; and therefore stands as part of tliat original contract under which the constitution was then settled. His majesty's title to the crown is primarily de- rived from that contract ; and it^ upon a review, there shall appear to be any deviations from it, we ought to ti'eat them as so many injuries done to that title. And I dare say, that tliis house, which has gone through so long a series of services to his majesty, will at last be willing to revert to those original stated measures of government, to re- new and sti'engthen that title. But I think the manner in which the septennial law was first ii!itroduced, is a very strong reason why it should be repealed4 People in their tears have very often re- course to desperate expedients, which, if not cancelled in season, ^\'ill themselves prove fatal to that constitu- tion, M hlch they were meant to secure. Such is the na- ture of the septennial law ; it was intended only as a prese^rvative against a temporary inconvenience. The inconvenience is removed, but tlie mischievous effects still continue ; for it not ortly nhered the constitution of parliaments, but it extended that same parliament be- yond its natural duration, and therefore carries this most unjust implication witii it, that you may at any time usurp the most indubitable, the most essential privilege of the people, I mean that of choosing their own repre- sentatives ; a precedent of such a dangerous conse- quence, of so fatal a tendency, that I think it would be a reproach to our statute book if that law was any longer to subsist, which might record it to posterity. ^ This is a season of virtue and public spirit. Let us take advantage of it, to repeal those laws which infringe on our liberties, und introduce such &6iQ^ i^estore the \^gourof our ancient constitution. ■• :; ' ,-.. • ■ .- A. D. 1735. I A. D. 1733.] sill JOHN ST. AUBIN. 567 Human ri^f^¥l(y^ry corrupt, tlmt all obligatibns lose their force, unless they are frequently renewed. Long j)arliaments become, therefore, independent of the people } and when they do so, there always happens a most dangerous dependence elsewhere. It has of late been denied that the people have a right f)f remonstrating to us. It has been called an unjus- tifiable control upon the freedom of our proceedings. But then let them have more frequent opportunities of varying the choice of their representatives, that they may dismiss such as have unfaithfully withdrawii tlitir attention from them. The influence of the crown is doily inci'easing ; and it is highly requisite that parliaments should be fre- quently responsible to their constituents;, that they should be kept under the constant awe of acting contrary to their interests. Modern history, I believe, uill inform us, that some very dangerous attempts upon our liber- ties have been disappointed « not so much from the virtue of many in this house?, as from the apprehensions they may have had of an approaching election. It is true, there is a provision against such whose places vacate tlieir seats lierc ; but this is no guard against secret pensioners and placeholders. Give me It'ave to say, that the laws with respect to them are very insufficient; and as we were not allowed to make them effectual, the people have no other remedy but a new election. I think that long parliaments are a great hard- ship upon those, who may be eiicluded out of this house, and ought reasonably to take their turn ; but seven years is the purchase of a mah's life : it is equally hard upon such, whose private fortunes will not admit them to engage in so long and painful a service : it must be so to tliose, who im^an no private view nor advantage bv it. ' ^' ■'^'" • I think, too, nothing can be of greater use to his ma- jesty than frequent new parliaments ; that he may often take the fresh sense of the nation, and not be partially m .3 JR. JOHN' ST. AUniN, [a. d. 173;{. gdvised ; for hw measures will tilways have a greater i»«ight, both at home am\ abruai), the more generally he reteis hiinselt' to tlie ophiioii of hisj jxjoplo. A fartlicr mischief of long pari iaiucnta is, that a mi- nister has time and opportimities of getting acqiKiintancc witli memhei^> of practising his several arts to win them into his sclieaies ; but tliis must be the work of time ; cor- ruption is of so base a nature, that at hrst sigiit it is ex- tremely shocking. Hardly any one has submitted to it «U at once; his dispositiort must b- previously under- stood, the particular bait must be found out M'ith which he is to be allured, and after all, it is not without many struggles that he surrenders ins' virtue. Indeed there are somcwho will at once plunge themselves over head and cars into any base action ; but the generality of mankind are of u more cautious natme, and will proceed only by leisurely degrees; One or two perhaps have deserted their colours the hrst campaign ; some have done it a se- cond ; but a great many, who have not tliat eager dispo sition to vice, will wait till a tlurd. lor this reason, short parliaments have been less cor- rupt tiian long ones ; they arc observed, like streams of water, always to grow more impure, the greater distance thf-y run from the fountain head. * 1 am aware it may be said that frequent new parlia- ments will produce frequent new cxpences ; but 1 think >\793. dream of their patron into a law ; if the maintenance of his power should become the sole object of their at>.n-^ tion, and they should be guilty of the most viol(int breach of parliamentary trust, by giving the king a dis- cretionary libfcfty of taxing the people without llmita- ' tion or contr6l, the last fatal compliment they can pay to the crown; if tliis' should eVer be the unhappy cir- cumstance of this nation, the people indeed may com- plain, but the doors of that place Avhere tlicir complaints should be heard, will for ever be shut against them. '/•■'' The power of tiie crown is very justly apprehended to be growing to a monstrous, I should have said, too great a size, and several methods have been unsuccessfully proposed for restraining it within its proper bounds. ' ' ' '*- ' ' » ' ' ; {> But our disease; I fear, is of a complicJ^ktecf rikttife, and I think that this motion is wisely intended to re- move tlie first and principal disorder. Give the people their ancient right of fi^equent new elections, that will re- store the decayed authority of parliaments, and Will put our constitution into a natural condition of working out her own cure. \' - * Upon the whole; *!' am of opinion, that I cannot ex- press a greater zeal for his majesty, for the liberties of the people, or the honour and dignity of this house, than by seconding the motion which the honourable gentle- man has made you. irjiiV .\ . ■■ -• • • ■ ;%f '?' Hf J » .^ s. 1\. ;t. • ' # ■^^ ■• Jkmi ■ - ' - " tix- . .■iWul ' ■•-"'.. -• -hjfr;'>.; '. , '. b'^iJ^iWAl- '^f}M.: f .■'■■ ^'i :i .jtOT l.D. 1733.] SIR WATKIN WILLIAM WYNNE. 371 SIR WATKIN WILLIAMS WYNNE Was member fur Denbighahire. It 'nnnot be denied that the follow^ ing speech is a real and cloae e.K'vnimatiun of the question. 1 • Sir JVatkin iniliams Wi^nncs Speech on the same. Sir, . i{ I am surprised to hear it insinuated by the honourable^ gentlefnan who spoke last, as if the motion now before us was made with a view to distress his majesty's govern- ment, or to disturb the peace of the nation, puch an in- '. sinuation is really not treating the gentlemen who have spoke in favour of the motion witli that candour which . one gentleman has reason to expect; from another in this house, nor indeed can I look upon it as any compliment made to his majesty- or his sovernment. It is not to bo doubted, but thatiiis majesty, in all the measures he pur- sues, looks a little further than this house. It is not to be questioned, but that his majesty looks for the appro- bation of the generality of his people, as well as the ma- jority of his parliament ; and while his measures are ap- proved of by the generality of his people, frequent elec- tions cannot surely bring any distress upon his govern- ment, but will greatly strengthen it, by shewini' fre- quently to his majesty and to the whole world, the true sense of the generality of the people, As, to the peace of the nation, we know by experience, that it was as well preserved by triennial parliaments as ever it was by septennial ; so that the agreeing to this' motion cannot disturb the peace, but the. rejqcting it may very probably have such an effect : for the generality of the people so earnestly desire to have triennial parlia-' ments restored to them, that the refusing to comply with' B b 2 ''^^ 372 SIR WATKIN WILLIAMS M'TNNE. [a. D. 1733. their desire cannot but increase tlic number of the disaf- fected, which may at last tlu'ow all things itito confusion, and may perhaps destroy that cstabUslnnent to whicii >vc owe every tl»ing that is dear to us. I shall readily grunt, sir, that evpr since wo have had septennial parliaments, our elections have been gentrally attended witli distractions and confusion j but I cannot allow that this would \m the case if otu* elections were annual, or even triennial. They would then \rc carrietl on with much less heat anrl animosity ; for every man knows that the disturbances about elections have been much greater since the septennial bill took place than ever they >Vere beforfc : and I ivonld gladly ask gentlqmen, if be- fore that time it was ever known tliat the solicitations and contentions about elections began two years before the ehoosing of a new parliament, which is known to be the case at present over thfc whole kingdom, and which must always necessarily be the case ; it being natural for rneft to contend with more vigour and Avith more heat for a post either of honour or profit, that is to be enjoyed for seveti years, than for one that is to be enjoyed but for one, or tor tliree. Then, sir, as to bribery and corruption at elections, I am sure it has very much increased since the septeimial law took place. It is a natural consecjuencc of Icngtli- ening the time of a parliament's continuance, a conse- quence so natural, that I am surprised to find it so much mistaken, as it seems to be by some gentlemen w ho have spoken on the other side of the question. It is certain, sir, that bribery will never be made use of at any elec- tion, but by a man who has not a sufficient natural inte- rest in the place where he declares himself a candidate, and by Such we may expect it will always be made use of, as far it can be done uith safety, if the candidate has but the le«ist hopes of succeeding by such dishonour- able means. Where there happens a competition, every elector has a natural bias to vote for one man. rather than another, and every elector will vote according to liis na- » f A. D. 17^3.] SIR WATKJ^-VItUAMS MYN^t. 373- )n3 u'crc i tural bias, if lie U not bought off. Whoever endeavours to buy hin» off must certainly coine up to his price, and thiij price vvill be higher or lower, according to the cico- tor's honour and circumstances, and tbc natunU bias he has for the other candidate. A gi'cat many men may be )crhapsbouL';ht off witli 100 or 1000 guineas, when if. lalfthat sum Merc offered, they would spurn it away with an honest disdain. 1 hope, sir, tiiere are a g;cat nuiny electors in this kingdom, whose honour upon such occasions is above the power of any such corrupt tem[)ta- tions i but that there are likewise a great many wljo may be bought, is a tiict, v\ hich I lelieve uo gentleman in this house will dispute j and in this view let us examine the difference between triennial aiid septennial parlia- ments. Giv€ me leave, then, to suppose two gentlemen set up in opposition to each other, for representing one of our little boroughs in parliament ; one of them a country gentleman of a great natural interest in the place, the other a citben of London, or a place- in^, not near equal to hi^n in intcicst, but depend- ing entirely upon the money he is able to lay out. Sup- pose the citizen or place-man comes to a calculation, and finds tluit it will cost him at least 30001. to buy the country gentleman out of his interest in that borough : if the parliament were to continue but for three years, he would very probably resolve not to be at such an ex- pence, and so would refrain from being guilty of the crime ofeorruptingliis countrymen ; but when the par- liiiment is to conthiue for seven years, he may as proba- bly resolve to be at that charge. Thus, by corruption, lie may get a seat in this house ; and it is to be feared, that he who comes in here by corruption, will not walk out \\ ith clean hands. , Gentlemen are very much mistaken if they iinagine the price of an election depends upon the duration of a parliament, or that a man who sells his votefOr 100 gui- neas at the election of a septennial p^i'Uameat, would sell %< 374 SIR WATKIN witliiAMrtirVNNi. [a. D. 1733 his vote for the half of that suni, if the parliament to be chosen were to continue only for three years. No, sir, there are very few of this sort of electors who think of futurity ; the present offer is the temptation, and the only temptation which can be of any weight with them : Besides, they cannot depend upon having the like offer made them at the next election ; and 50 guineas ready money, with an uncertain hope of having 50 more three years hence, is not surely so great a price as 100 guineas ready down : the natural interest of the country gentleman, and the honour of the electors, ore V hat the dealers in corruption are to contend with, and against these a small price cannot be so prevalent as one . a little higher. Some may, perhaps, be corrupted by a small price ; but certainly the higher it is, the greater 'will the numbers be that are tempted to yield to it; and as a man*i1nay give a higher price at the election for a sep- tennial parliament, than he can do at one for an annual or triennial, therefore the greater the numbers will be of those who yield to his temptation, the morie he may depend upon corruption ; and the more it is to be de- pended on, the more general and the more frequent will it certainly be. From hence it appears evident, that the .increase of bribery and corruption is as natural a conse- quence of septennial parliaments, as any one thing can be conceived to be the consequence of another. There is no way, sir, of effectually preventing cor- ruption, but by putting it out of the power of any man to ■ corrupt. There is no corrupting any man but by coming up to his price ; therefore the only way of putting it out of the power of any man to corrupt, is to put it out of the power of any man to come up to the price of any num- ber of electors : and this can only be done by making our elections frequent : the more frequent the better. It is certain, a gentleman who enjoys a good pension for seven ' years, is more able to give a iiigh price, than if he had enjoyed that pension but for one year, or even for three ; and he Avill more willingly give a high price, when he ia ..' - ,\<' .' Jl^ D. 1^3f.] SIR WATKIN ^VILLIAMS WyjjNE. *375 thereby to purchase the continuance of that pension^f^r seven years, than when he is to purchase it only for oiae or for tliree years. This, sir, is so evident, that 'J %m astonished to iiear it controverted within these walls." > »; 'pi: If our parliaments were annual it would be impossinje for place-inen or pensioners to save as n^uch yearly, as would be sufficient to bribe country gentlemen out cf their interest, and theelectors out of their honesty : which I am afraid is a practice now too frequent iu many parts of this kingdom. How can it otherwise be imagined that the people would ciioose persons they never saw, persons they perhaps never heard ot^ in opposition to gentlemen who live in the neighbourhood; gcrttlemen who give them daily employment, by buying in their shops and markets all the manufactures and provisions they have use for in their families, and gentlemen whose ancestoi s have perhaps often represented that very place in ,parlia- . ment with great honour and universal approbatioiV ? I remember, sir, I vas told by a gentlemen who is now dead, and therefore I may name him, I mean Mr. Spencer Cowper, afterwards one of the judges of the common pleas, he told me himself that he had never been in the borough he represented in parliament, nor had ever seen or spoke with any of his electors ; and I be- lieve I could, without much difficulty, name some who are now in the same situation. Can such, sir, be called the representatives of the people } or can it be supposed that they are chosen by means of that natural interest by vvhicli every man ought to hold his seat in this house .? The parliament, sir, is the great council of the nation, and the business of this house in particular is to repre- sent to his majesty tiie grievances of the peo[)le ; to in- iorm his majesty if any ol his ministers or officers make an ill use of the power he delegates to them ; and to ini- peach and prosecute such evil ministers. Now [ would be glad to know who arc the most proper representatives for these purposes, gentlemen who have large properties in the country, who are independent of the imuiiiters and .*-.n- St6 iik ivAtum mittx^s 'vnnst. [k.iy. irss. ofiSoerti f gentlemen are the most proper representatives ol the people ; and if so, annual or trien- nial parliaments are better than septennial, because tiiere is a greater probability of their being chiefly composed of such gentlemen. ' As bribery and corruption, therefore, are a natural ^tii&nsequence of long parliaments, as it must always in- ^^ Crease in proportion as thfe term for the parliament's continuance is prolonged, I am persuaded that all those who are ^aihst bribery and corruption will join with i me in voting *' some consequence to themselves. I will venture to say, that I have not heard a question better supported on one .^ side, and less said against it on the other, by the gentle- i inen who have already spoken since I sat in parliament j land I now stand up, not that I think any thing needful fto be added to what has been said in support of it, but ftliat I cannot think of letting a question go, in the suc- ifjess of which I think the happiness of my country so - deeply concerned, without my joining with other gentle- men, in shewing all the regard for it that lies ui my power. An honourable and learned sentleman has indeed ad- Ivanced a, doctrine which 1 think altogether new : That -f we are to have no further dependence on our electors > after we have taken our seats in this house ; nay, that a dependence upon them would be more dangerous than a dependence on the crown. This, sir, is really in my opinion something very new ; though that gentleman may perhaps like the one better than the other, yet I shall ahvays look upon a dependence on the people of Eng- land, or even those I represent, to be less dangerous and more honourable tlian a dependence on the crown ; and I value myself more on the honour I have had of sitting here for two parliaments as one of the' representatives of the people of England, and by the free and uncorruptcd choice of those I represent, than 1 should do on the greatest honours the crown can bestow. Indeed, if 1 had obtained my seat here by bribery, or by the illegal and corrupt influence of any great minister, I should look upon it in a very diilerent light — I should lookjjupon it as one of the most disin'aceful situations I could be in. It has been afHirnied by several gentlemen who have spoken on the other side of the question, that the longer parliaments continued, the less intUicnce the crown liad A. l>. 1733. ■ A. D. 1733.] SIR JOHN bahnard. i T S79 upon them ; and for a proof of this they have instanced the long parhament in king Charles the Second's reiga. The same gentlemen have like\viae assierted, that triennial parliaments would distress his majesty's government. How these tvyo assertions are compatible, I leave to the gentlemen themselves to explain, lor to me it appears impossible that both can be true ; because, if the crown has always the less influence in a parliament the longer it continues, surely the shortening the time of its duration cannot distress any king's government. But as to the ' long parliament in king Charles's time, though they" did not towards the end shew the same servile conjpliance that they had done for many years before, yet it is plain, that the crown thought that parliament fitter for the purposes of the court at tliat time, ^than they could expect any new parliament chosen by the people to be. Otherwise, as the king had it in his power, he would certainly have dissolved them much sooner. And if that long parliament really deserved the name usually given to it, we must conclude that their non-compliance at last was not owing to their virtue, or a want of incli- nation to receive, but to a want of power in tlic crown to give. The people were not then accustomed to bear such heavy burdens as they do at present ; the revenues of the crown were not so laige, nor the posts and places at the disposal of the crown so numerous. There w as not such a numerous standing army to support the par- liament in case they had gone on in the same servile method. And as the coinplaints of the people grew loud and clamorous, as there was little to be got, with a great deal to be apjjrcliended by the continuance of a servile compliance, it is very probabjc that these were the true reasons of that pailiament's becoming at last so restive. And if the nation was now in the same state it was at that time, I should not be h.ilf so much afraid of , septennial parliaments, as, I think, I liave j?;ood rea,son to Veat present. The animosities, dis-putes, and ■ divisions aboiit elec- SIR JOIIB BARNARD. [a.D. 1733. r- ■ tions, have been set in the most dreadful liaht, and have been represented as so great an inconvenience, that we ought to run the risk of having our constitution over- turned, rather tlian submit to it. But, sir, can it be imagined that there would be tiie same contention for a scat in parliament which was to continue but for one year, or even for tliree, that there is for one whicli is to con- tinue for seven ? Tlie example of the city of London plainly shews us the contrary. As tlie common council- men and a great many otlier officers in the city, are chosen annually, I have had occasion to be often present at these annual elections, and never could find that they were attended with any great heats and animosities, or with any inconveniences : for after the election is over, the contending parties go home, and live in the same friendship they did before ; and I am convinced the case would be tl?e very same, if annual elections for members of this house M'ere restored. The same man might per- haps be continued and re-chosen every year for many years together, probal)ly witiiout any dispute or opposi- tion : but his being liable every year to be turned out, would be a continual check u])on bad behaviour, and Avould make him study the interests of the people, in- stead of pursuing only some private and selfish visws of his own. Even as elections stand at present, there would l)e no such contentions, nor any such heats and animosities as we hear of, if they were entirely left to gentlemen who have a natural interest in the place. In such case, if a candidate found hhnself defeated by tair means only, and merely by the superior interest of his antagonist, it would not raise his indignation ; it would occasion no heats or animosities. He would w ait with patience for a new opportunity, and in the mean time would en- deavour to reconnnend himself to his country by acts of hospitality and benevolence. It is ministers of state intermeddling with elections ; it is election brokers, and sucii dealers in corruption, that occasion all the heats A. D. 1733.] SIR JOHN BAUNARD. ' 381 and 'animosities we have : fdt when a cehtldtrian of 'a great natural interest sees his electors obliged by power, or bribed by money to vote against him, perhaps m favour of an utter stranger, it cannot but raise iiis indignation. It may indeed justly raise his utmost fury and revenge. It is certain, sir, that if the people were entirely left to- themselves, they would without much contention always choose those gentlemen, who, by having large properties of their own, might be reasonably supposed tc» be such as would take the best care of the properties of their fellow subjects. But if the people should ever begin to see their representatives making their seats in parliament places of profit, and bartering their votes anil their i)e- haviour in parliament for posts, places, and pensions, the people will soon follow the example of their repre- sentatives, and will insist upon shanng with them in the profits. Thus by degrees, tlie minds of the people will be debauched ; they will be brought to think, that the selling their votes at elections is no crime ; the represen- tatives, who buy their seats, must sell their votes ; and at last all regard for the public good will be generally laid aside by all sorts of men. The only eilectual method, sir, of preventing this fatal effect, is to restore annual elections : for then it would be impossible even for the treasury itself, (if ever the public money should come to be so misapplied,) to issue yearly sums of money suffici- ent to get the better of the natural* interest, which country gcntlciiicu always have in the places vhcre they and their ian lilies have perhaps for many generations resided. The consequence of which will be, that none but country gentlemen, and those who have a natural interest in the place, will ever appear as candidates ; and thus neither the morals of the people will be debauched, nor their properties plundered, nor their liberties destroyed by tliose election brokers and ministerial agents, or their candidates, who never can be eniployed. or set up but for such base purposes. • * ; .- , As for our credit abroad, which it is pretended sep- rtfM ^'^m?m^M^m^ jA5i^.i73a. tciininl pailkments very much contribute to, I think it is evident that it has been sinking ever since the sep- tennial law took place ; which confirms what wius justly observoil by an honouuablc gentleman, that the credit of the nation among foreigners does not depend upon tlie length or shortness of our parliaments, l)ut upoq that correspondence and confidence which ouglit always to be kept up between the king and his people. I w ill not say that tltis decay of our credit abroad has been alto- gether OA\ing to the septennial law, but I dare say, if our parliaments had not been septennial, they M'ould probably before now, have enquired into the conduct of tliosc who have been the causes of this decay ; and whatever reasons the decay of our credit among foreign- ers may have been owing to, it is now come to so low an ebb, that wc really seem to have almost none to lose. This, 1 am sorry to say it, seems to be our case at present; and as I thihk nothing can so effectually restore our creilit abroad as the restoring our constitution at home, 1 shall therefore give my vote for the question. •!■ kifl-;j*>ii':t,;!i[|titi\.S)i|;T'I ,*j:ju;.'^ M^Kv ii#y;^, u^wj We may form as good an idea of the talents of this celebrated man • as a speaker in the house jofcommons^ from the folU>wing speech, . as from any that he luis left behind him. 1 le may be considered ' us the first who (if the siiiiilitude is not too low to be admitted, I confess nothing can be lower) threw the house of conmions into , the form of a regular debating society. In his time debate was . organized ; all the common-place topics of political controversy Avcre familiar in the mouths of both parties. The combatants on each side, in this political warfare, were regularly drawn up in "i opposition to each other, imd had their several parts assigned them with the greatest exactitude. ife^; : Ij.^ « rphe popular harangue, the tart reply,'*^^^^'^ #'^^^ ^ ■^hjp^ " The logic, and the wisdom, and the wit,"4M^^*^V appeared in all their combined lustre. The effect of this ^.1>. 173.7. I A. D. 1733.] SIR IIOJIKRT WALl'OLE. I think it tlic scp- ^^H8 justly cretiit of I'iJon the t«p"U that ahvuvs to will not Jccn alto- i^" say, if \y Would oiuluct of »y; and ; foreign- it) so low J to lose, present; tore our It home. •/• 383 *tcd man U speech, on&idored mittefl, I ions into Jute was 1 trovers y tants on 'n lip in led thcni of tl lis Hvsteni could nut be difliirent ffoin what it has lunii;d out. The house of cominuDs, instead of btiiiig the reprcsoitutivti and de> pository of the collective ucnhc of tin; nation, lias becouio u (heatre tor wrangling disputants to declaim in the scene of noiny imperti- nence and pedantic folly. An empty »hew of reanon, a set of words has been substituted for the silent of)oration of general ftieling and goodnense; anU ministers referring every thing to this (lintoy Dtandard, have been no longer taken up in planning wise meatiureu, hut in studying how to defend their blunderH. It hus been u^uul to draw a sort of parallel between the person of whom wo are speaking, ai)d the late Mr. Pitt. For this perhaps there is little more foundation than the great length of tlieir administrations, and their general ability as leaders of the debates in |iarliument. M L were disposed to make a comparison of this kind, I should attempt to describe them by their ditferenrcs ratker than their resom- blances. They had both perhaps e*|ual plausibility, equal facility^ and equal presence of mind ; but it was of an entirely ditl'crent kind, and arose from difl'ercnt cauKes in each of them. Walpole's manner was more natural and 1(;sb artificial ; his resources were more the result of spontaneous vigour and quick- ness of mind, and less the growth of cultivation and industry. If the late minister was superior to his predecessor in otliec in logical precision, in the comprehensive arrangement of his subject* and a [)erfeet acquaintance with the to|)rics of common-place declamation, he was certainly at the same time very much his inferior in acuteness of understanding, in original ol)servation, and knowledge of '.uiman nature, and in lively, unttxpected turns of thought. Pitt's readiness was not owing to the quickness or elasticity of his understanding, but to a perfect self-com- mand, a stcadiiH-ss and intlexibility of mind, which never lost sight t)f the knowledge which it had in its poss«'ssion,n(>r was ever distract- ed in the use of it. Nothing ever assumed a new shape in passing, through his mind: he recalled his idea»just as they were originally impressed, and they neither received nor ever threw a sparkling light on any subject with which he connected them, either by fe- licity of combination, or ingenuity of argument. They were of that loose, general, unconnected kind, &s just to fill the places they were brought out to occupy in the rank and file of an oration^ and then returned mechanically back to their several stations, to be ready to ajjpear again whenever they were called for. Walpole'a eloquence, on the otiier hand, was Ici^b an aO'air of reminiscence, and more owing to present invention. He seems to have spoken constantly on the spur of the occasion ; without pretending to ex- haust his subject, he often put it in a striking point of view ; and the arguments into which he was Iv'd in following the doublings, and windings of a question, were such as do not appear to have occurred to himi;elf before, nor to have been made "^ 384 SIR ROBERT m'ALPOLI. [h. JX 173 S. BBC of by othnrs. When he had to obviate any objection, he Hid not do it so miirh by ambiguity or evanion, m by imnWdititi'ly starting nomc nthor ilifltrHlty on the opposite 8i«liB ot th« (]ucs- tion, which blunted the edge of the fortiier, aiki stu|;gcrcd the opinion of his hearers. The stile of thuir specrbes is aTko marked by th« same diO'erencos uh thie one you diM'tfvcT the ruse and vivacity of tiie ^entleNran, of the mnn of the world ; in the other \hc studiod covrftctnees of tb« srholnr. The one has the variety, simplicity, and smartness of conversatien; the other has nil the fiihu'f.s, th«^ pomp, tho premeditated iuvo- Intions and meneured pei-iods of u book, but of a book not writteii in the best stile. The one is muru agruhie u,\v\ insiMuating ; the other more imposing andmajeetic. Not to spinout this eomparisoii to an unnecessary length, I should think that Walpole was less com- pletely armed for entering the lists vith his antagonists, but that his weapons were keener, and more diOicult to nuuiogc : that }'itt bad more art, and Walpole more strength and activity ; that the display of controversial dexterity was in Wulpole more a trial of wit, and in Pitt more nn attair of science ; that Walpole had more imagination, nnd Pitt more understanding ; if, indeed, Anything can entitle a man to the praise of understanding, whiih is neither \fuluable, nor his own. }^ rn^^irq «(*•.;..• t^'- *>c>u^.,>t*M jf'tV'-'*^ >*< y>i** >*-'i\jfii< ' ■ '' ~ ■.'■'■'111!. i^ir llohcrt JValpok's Speech in RepJ^, , » i ■ i<' ■ V j,.,i i,:.-i- He vt^iii-.;-: /..i;:r;; Uitrt twrr(Hw;» u.t; i>_,t'('u>.'!' riouGH the question has been already so fully and po handsomely opposed by my i\orthy friend under tlic gallery, by the learned gentleman near me, and by several otlters, tliat there is no great occasion to say any thing farther against it; yet as some new matter has been 3tarted by some of the gentlemen M'ho have «ince that time spoke upon the other side of the question^ I hope tlie house will indulge me the liberty of giving some of those reasons which induce me to be agains* tlie motion. In general, I must take notice, that the nature of our cdn- sitution seems to be very much mistaken by the gentU - men who have spoken in favour of this wotion. It is t ' A, D. 1733.] SIR ROBERT WALPOLt:. 384 ccitahi that out's is a mixed government, and the peh- iection of our constitution consists in this, that the mo* ilarchical, aristocraticai; and democratical forms of go- vernment, are mixt and interwoven in ours, so as to give us all tlie advantages of each without subjecting us to the dangers and inconveniencics of cither. The democratical form of government, which is the only one I have now occasion to take notice ot*, is liable to these inconveni* encies — that they are generally too tedious in com-^ ing to any resolution, and seldom brisk and expeditious!.' enough in carrying their nesolutions into execution ; that*' they are always wavering in their resolutions, and never steady in any of the measures they resolve to' pursue, and that they are often involved in factions, seditions, and insurrections, which expose them to be made th©^ tools, if not the prey of their neighbours. Therefore, iiilf all the regulations we make in respect to our constitu-» tionj we are to guard against running too much into that form of government which is properly called democra-*^ tical. This was in my opinion the effect of the triennial** law, and will again be the effect, if ever it shX)uld be^ '■ restored. ^• That triennial elections would make our govemmeht?^ too tedious in all their resolves is evident, because in * such case, no prudent administration would ever resolve* * Sir llebcrt herd-, by tenttrdy leaving Out tlur consideration of Uifi bther parts of our dortstitutiott which are irttondedto operate bis ch«!rk3 iind .correctives of the democratical part, very ingeniously models tho jij house of comiuohs according to his own wishes, and at the same time ^^ in such a manner as to answer the purpr)ses of all the other parts, "*■ ahd in fact to render thi^ixi unneccssury. It has always been prr- '•* • tended that the house <;)f comjaohs was iiut One branch of the legis- -. latiire — the representative of tfae people; and that an antidote to any evils that migiit arise from this pa^rt of the system was wisely pro- ,, vided in the other branches, whicli weie to represent property and '^ power ; but care has been talfert to make sure of the temedy in the first ihstanccj namc'ly, by inoculating the patient before the disease >H^ was caught, and making the house of conmiohs itself never any i j thing more than the representative of property and power. , ■ VOL. I. C C 'A. 386 SIH ROBERT WAT.fOLK. [i. D. 1733 upon any nveasiire of connequfnce till they had fu|t not (Mily the pulsi; uf tlm parliament, but tlit) pul.sc ut' tho pieople i and thcinhmtcrs ot'stnte would. always labour under thw disadvantage, tbatah .ocrcts oi" state niubt not he iinnietliately divuli»ftl, their oncniiiis (and etRmiw tlicy will always have,) would have a hanillc lor enpobini^ their measures, aivi rendcrinji; them disagitt'ahle to the ))uople, anil thereby carrying perhaps u new, election ugaiuht thciu bclorc they could have an opportunity of JuHtilying tlieir measures by divulj^inc; those facttf luul circumstances from whence the justice and th(! wisdom of their measures would denvly tip])eai'. , ; n Tlicn, tui!, it is by expericuLc n\c11 known, that what is called the populace of every country, are apt to be too much elated \nth 'Success, and too much dejected witli every mLsibrtunc ; thiB nmkcs tlicui waveriiit» in their ophiions about affairs of . state, and never long of the same mind ; and as this* house is chosen by the free uud unbiiwsed voice of tlie peoplt; in general, if this clioicc were so often renewed, we minht expect that this house would be as wiweriiig und as unsteady as the people usually are; and it being impossible to carry on the ])ublic alFairs of tiie nation without the concinrcnce of this house, the ministers would always be obliged to comply, and consequently would be obliged to change, their measures as often us the people changed their uiinds. With septennial pariiaiucuts, sir, wc are not exposed to cither of these misfortunes, because if the ministers after having felt the pulse of the parliament, which they can always soon do, resolve upon any measures, they have generally time enough before the new election comes on to give the people a proper information, in order to shew them the justic(! and the wisdom of t}ie ; measures they have pursued ; and if the people should at any time be too much elated, or too much dejected, or should wiinout a cause change their minds, those at •tl\e helm of affairs have time to. set them right before a new election comes on. - . >■ . . J J ' I .JO V A. D. 1735.] SIR UOJUKT WALPOJ , SSf V Ar* to ra\ ed with, adds a great deal to his virtue. When no encroachments are made upon the rights of .the people, when the people do not think themselves in any danger, there may be many of the elec- tors, who by a bribe of ten guineas might be induced to vote for one candidate rather than another; but if the court were making any encroachments upon the rights of the people, a proi)er spirit m ould witliout doubt arise in the nation, and in such a case I am persuaded that none, or very few even of such electors, could be induced to vote for a court candidate ; no, not for ten times the sum. There may, sir, be some brihery and corruption in the nation, I am afraid tlicrc will always be some; but it is no proof of it that strangers arc sometimes chosen ; for a gentleman may have so much natural influence over a boroudi in his neiirhbourhuod, as to he able to prevail with them to clioose any person he pleases to recommend ; and if iipon such rccommeiulalicm they choose one or two of iiis friends, who are perha|)s strangers to theuj, it is not from thence to be inferred that the two strangers were chosen tlieir representatives by the means of bribery and corruption. * ^t . , ,.. i, ■ ; To insuiuate, sir, that money niay be issued from tlie public treasure for bribing elections, is really something A. D. 1733.] sill ROBERT WALPOLE. ' 3S9 \ I very extraordinary, especially in those gentlemen Wlic know how many checks there are upon every shilling tliat can be issued from thence, and how regularly the money granted in one year for the pubhc service of the nation, must always be accounted for the very next session in this house, and likewise to the other, if they have a mind to call for any such account. And as to the gentle- men in offices, if tliey liave any advantage over country gentlemen in having something else to depend on besides their own private fortunes, tiiey have likewise many dis- advantages. Tliey are obliged to live here in London xvith their faniihes, by wiiicii they are put to a much greater expence tiian gentlemen of equal fortunes who live- in the country. Tiiis lays them under a very great disadvantage, with respect to the supporting their hiterest in the country. The country gentleman, by living among the electors, and purchasing the necessaries for his family from them, keeps up an acquaintance and correspondence with them, without putting himself to any extraordinary charge ; whereas a gentleman who lives in London, \\'dy, no other way of keeping up an ac- quaintance or correspondence among his friends in the country, but by going down once or twice a year at a very extraordinary charge, and often without any other business •, so that ^ve may conclude a gentleman in office cannot, even in seven years, save much for distributipg in ready money, at the time of an election ; and I really believe, if the fact were narrowly inquired into, it would appear that the gentlemen in office are as little guilty of bribing their electors w ith ready money, as any other set of iientlemen in the kinsidom. • . -"^ That there are ferments often raised among the people without any just cause, is what I am surprised to hear controverted, since veiy lute experience may convince ns of the contrary. Do not we know what a ferment v\ as raised in the nation towards the latter end of the la,te queen's reign? and it is well known wliat a fatal change in the affairs of this nation was inlrotlnced, or at least A 390 SIR ROBERT WALPOLE. [a. T). 173G. confiriTied, by an election coming on -while the nation w«5 in that lennent. Do not we know what a ferment wft3 raised in the nation soon after his late majesty's accession ? And if an election had then hoen allowed to come on while the nation was in that ferment, it might perhaps have had as fatal etiects as the former ; but thank God this was wisely provided against by the very ^aw which is now wanted to be repealed. ; It has indeed, sir, been said, that the chief motive for iinacting that law now no longer exists. I cannot admit that the motive they mean was the chief motive, but even that motive is very far from having entirely ceased. Can gentlemen imagine, that in the s|)irit raised in the nation but aJbout a twelvemonth since, jacobitism and disoifec- tion to tlie present government had no share ? Perhaps some who might wish well to the present establishment did co-operate, nay, I do not know but they were the first movers of that spirit ; but it cannot be supposed that the spirit then raised should have grown up to such a ferment merely from a proposition m hich was honestly and fairly laid before a |)arliament, and left entirely to their determination. No, sir, the spirit was perhaps :begun by those who are truly friends to the illustrious family we have now upon the throne ; but it was raised to a much greater height than I believe ever they de- signed, by jacohites, and such as are enemies to our present establishment, who thought they never had a , fairer opportunity of bringing about what tiiey have .so long and so unsucccsstully wisjied for, than that which had been furnished them by those who tir.st raised that spirit. 1 hope the pcoj)le have now in a great measure come to themselves, and therefore I doubt not but the next elections will shcvv tliat when they are left to judge coolly, they can distinguish between the real and the pretended friends to the government. Jhit 1 must say, if the ferment then raised in the nation had not; greatly subsidt'd, I should have thought a new ekn'tion ^ very dangerous experiment ; and as such ferments J^ . D. 1 736.] G EORG E LY TTLEl'OX. ! ^ ^e nation ferment majesty's lilowed to it might nitr; but ' the very i^otive for not admit » hut cvei) 'Cd. Can he nation 1 disaffec- Perhaps hiishment were tlic supposed 'p to sucli ' honestly itirely to ; perhaps ilhistrioiiR as raised they de- s to our ■r had a liave so i|t which iscd tliat measure ; but the ieit to I'oal and 1 must Imd noi; ejection enneiits may hereafter often happen, I must think that frequeiitif elections will always Ihj dangerous : for which rcason,!i in so far as I can see at present, I shall I believe at all ^ times think it a very dangerous experiniept to repeal tlie t iieptennial bill. / t '^"^ GEORG E (LORD) LYTTLETON, '"^ ■''^■'^ (The cl(h't:i So7i of Sir T. Lyttleton,) ♦. Was born 170.9, and d'»tl 1773. lie distinguished himself both as a ■: »|K!aker and ii wjiter. He apptars (us fur us 1 cuii understand,) to ^ • hav(! bcon one of those men, who gain a high reputation not so j much by deserving, as by desiring it ; who ore constantly going '■ out of their way in search of fame, and therefore ran scarcely ' miss it ; who are led to seize on the shewy and snperlicial parts of science by an instinct of vanity, us the surest ruouns of attracting vulgar applause; who by aiming at what is beyond them, do at. least all that they are capable of ; whose anxiety to distinynish themselves from others, serves them in the place of genius ; and' who obtain the good opiniou of the public merely by sliewing their deference to it. This character, it must be confessed, however, is generally united with sensibility and an elegant turn of mind, and . is therefore entitled to some credit; for next to the possf.'ssion (if real excellence, I think we ought to respect the udniiration of it, ' and the wish to possess it, or whatever in our power comes tiaj- nearest to it. \y<^* :'--?^:>^M^ i 'fi^:4i3|6fci:^f it' ^v t 'f'y >i.Ks m^- ini; •? r;-i .f*/v„^ Air. Lyttlclmh Speech on the Prince's Ale arrtagc :ii«a i¥\ :^nJ:hX. '^^ ML u;-f-t'; iH*. nfA f>ii/(U:j.-t':v*«i^^/« Mr. Speaker, Though I have nothing to add to what has been said so well by other gentlemen, oii this liapj)y and agreeable occasion, yet as I think that nobody should be silent on ct point to which nobody can be indiflerent, I beg to be, indulged in a lew Mords, to declare with how much, |)leasnre I concur in the motion tliat has been made you., Antl indeed he must be void olall alll'ction to iiie salctY,^ V. 392 GZOROE LYTTLETON. [a.I). 1736. peace, and liberty of his country, whp does not rejoice in tiie increase of the royal family, on the support and continuance of which among us, all those blessings im- mediately depend. Bi'.t, sir, there is yet another reason for our joy on this occasion, a reason, which every gentleman that hears me, will allow to be a strong one : — I mean a particular regard to the happiness of the prince, which can no more Jbe separated from our duty to his majesty, than the interests or inclinations of so good a, father from those of so dutiful a son. k There may be something in the dignity of persons raised very high above t^c rank of other men; which might set them at perhaps too great a distance from the loveof tlieir inferiors, and make us often participate no tarther in their plea^sures or their pains than duty or interest requires. But he, who in a station thus exalted above the wants and miseries of mankind, can feel them with the tenderness of an equal, while he relieves them ■vyith the beneficence of a superior ; whose heart is as open to the sentiments of humanity and benevolence, as his mind to the impressions of truth and justice ; such a prince, in all the incidents of life, will find eveiy body sympathise with Ijimself j his grief wiH be a uational a.fflic- tion, his joy the joy of a whole people. ? - .^'' r iv? i'^, Sir, it is right and decent, and agreeable to our incli- nations, to ascribe every thing that is done for the public good to the paternal cares and goodness of the king ; but in this instance it is peculiarly our duty, for this is a merit which must belong to him alone ; in this, none of his servants can have a siiare. The most assuming minister could lay no claim to it ; \\ is his own act, to him, we are obliged for it, and to him our acknowledgments are due. He has heard the wishes of his people, who foresaw the' dangers they were exposed to, if his royal highness by marrying too late in life, should, according to the ordinary course of nature, leave an heir to the crown in a minority — a minority, which is always a stato of weakness, distraction, and oppression ; a minority, the. A. D. 1736.] CEORCE LyTTLETON. 393 piost pernicious of all governments, because it is the to?, vernnient of ministers. It was therefore the general det^ . i\Ye of every good Englishman, that a marriage so n^cesr sary to the putiijc should no longer be delayed ; and hia, majesty has graciously been pleased to comply with tliat desire. He has removed those uneasy apprehensions, and by strengthening and increasing the royal family, he (las added a new security to our happiness, and we may |iope entailed it on our posterity. As our thanks are due to l^m for the marriage, they are no less so for his choice of a daughtertin-law ; a princess in whom piety and virtue are hereditary quali- ties. The eminent merit of whose great ancestor in the defence of the protestnnt religion, which was then in Germany as it now is in Great Britain, united to the cause of public liberty, has been so amply set forth by other gentlemen, particularly the honourable person (Mr Pulteuey,) who made this motion, whose great abili- ties are most equal to this, or any subject, that nothing is left for me to add, hut an ardent wish that the same virtues may revive again with equal lustre and happier fortune in her posterity. For all these reasons, for many more, more than the zeal of my heart can now suggest to me, more than the eloquence of others can express, we ouiiht most joyfully to congratulate his majesty on an event which must give him the greatest pleasure, because it does so to his people ; for the satisfaction of neither can be perfect but when it is reciprocal. Let us theietbrc join our thanks to our felicitations, and let our unanimity in doing it, rcr fute the calumnies of those who dare to insinuate out of doors, that gentlemen who sometimes differ here from the measures of the coiut, differ at all from those whom they oppose, I mean the very hcst of them, in sincere at- tachment to the government, and affectionate regard for tlie royal family. 39^,' ■■-::. WILIJAM PITT. ^ [ A. P. 1736. .^.^ .. . r ,. WILLIAM PITT, (Jftcrnnrda K(trl of Chatham,) Wa;j born at Bocoimock, in Connviill, in 1 708, and tlird in 177S. 1 He was originally an officpr in thn army, bnt was r.hospn membpr for 01«1 Siirum in 173,5. His history is too well icjiown to need , repeating here. 1 shall say soiTicthing of his talents as a speaker hert'atter. . y . . Mr. Pin's Speech on the same Occasion. '\[ZZ ■isiii;! jMr Speaker, i 'Wit ssw- ;*■;.•*>(>'''••>»"'■ j-i*.'>^'f'? ^'"'» ■^■f>/ I A M unable to offer any tiling that has not been said by the honourable persons who made you the motion in a manner much more suitable to the dignity and impor- tance of this great occasion. But, sir, as I am really affected with the prospect of the blessings to be derived to my country from this so desirable and so long desired measure, the marriage of his royal highness the prince of Wales, I cannot forbear troubling you with a few words to ex]iress n»y joy, and to mingle my humble offer- ing, inconsiderable as it is, with this great oblation of thanks and congratulation to his majesty. How great soever the joy of the public may be, and very great it certainly is, in receiving this benefit tVoni his majesty, it must be inferior to that high satisfaction which ho himself enjoys in bestowing it. And if I may be allowed to suppose, that to a royal mind any thing can transcend the pleasure of gratifying the impatient wishes of a loyal people, it can only be the pat(;rnal dc- ligiit of tenderly indulging the most dutiful application and most humble request of u submissive, obedient son. 1 mention, sir, his royal highnesses having asked a mar- riage, because something is in justice due to him for h.ning asked what we are so strongly bound by all tlie tics of duty and of gratitude to return his majesty our most humble acknowledgments for having granted. The marriage of a prince of Wales, sir, has at all times been a matter of tlic hi8e liber- ain J and itiny of iscrihed oin any Ity as it counsei ly into A new 5 ashes d, and pectcd those, oppor- at the fectivc ■e not settled i\v his 1, and t half many itten- lojlff land, same ■mes, pro- duce, I hope he will induli;c us in so sluort a respite. Hut lest this bill should pass, I iiope yuu will |)ermit me to enter my public protest against it, for I am one of those who thmk it fundamentally wrong. There is no one more ready than I am to give all rea- sonable indulgcncies to the several unhappy sectaries among us. I think, that in points of religious worship, compulsion ought never to be used ; but truth is to have a fair opportunity of working by its own force upon the natural ingenuity of the mind, and th« supreme lawgiver has tlie only right to interpose hi such matters. Ihit human authority has certainly a secondary power to re- strain those wild excesses, whicli, under the false colour of religion, would invade the order and discipline of civil society. In this we are all united, and there is one me- dium, one common resort of our laws, for the protection of our respective rights and privileges. I am very sorry therefore that any of the dissenters should now sec oc- casion to complam of their distinct allowances, and that stated measure which must be preserved in our civil union. Let them look upon the structure of our consti- tution in general ; arc the several members well pro- portioned ? Have they a nmtual dependence and regular connection with each otlicr? And is tiiere one law of convenience which runs through the whole? If this be so, and the pre-eminence is only maintained by a due subordination of the inferior parts, if the building was erected by the most able hands, and when architecture was at its height, 1 am not for inverting the order of it, in compliance with the Gothic fancy of any pretenders to that art. Thus our constitution at present stands, and the laws of toleration are in this sense become a part of it ; they protect, as they certainly ought, the established religion of oiir country, and at the same time allow a separate right in religious worship ; such, only, have not the ad- vantage of theni) who deny the exterior forms of our go- vernment, whose consciences are a civil nuisance, and therefore forfeit the condition of this right. What, then. ?^^- $9» SIR Jonw ST. AUDIN. V ' f^^ T), I78(y. I? is it that the cjuakcrs want ? Have not jill their nK).st in- temperate desires been from time to time complied Mith ? ,.Aro they not exempted even from npjieuhng to the great Author of 'J'nith in their legal testimony ? J3iit not con- tented with all this, by a most strange abuse of the per- missive lil)erty they enjoy, tiiey send circulur exhortations to their brethren to oppose tlie civil jurisdiction of our laws ; and having thus cherished and strengthened an obstinacy, they approach the le{i;iblature itself witli harsh revilinjifs, unsupported by evidence, against the clergy of our established church, denying a constitutional right, bessinn; tl.'at the lesil remedies may be abated bv Mhich it is to be acquired, and unjustly complaining of severi- ties, ^vhich by their repeated contumacy they wilfully draw on themselves ; for the law in its ordinary and na- tural course will proceed to an enforcement of its o\\ n decree. Is this that passive obedience and non-resistance, that mild and charitable disposition, with which they have been so largely complimented ? Is this conscier :'.e in any true definition ol" it r No, it is perverse humour, a false and delusive light, an igJim-fatuuSf v\hich ar^.»s from a degeneracy and corruption of the njind. U this is conscience, then all those riots and tumults w hich at any time ojjpose the execution of the law and the authority of the government, may with eciual justice lay claim to such a conscience. Tythcs arc a distinct pro})crty from the inheritance of the land, and by the law s of our con- stitution are applied to certain )>urposes. Tliey arc due of civil right, and no n>atter to whom they belong; though I should think that the maintenance of our clergy deserves some fuNourable tliare in our con- siderations. No human A\'isdom can at once foresee the sufficient extent of legal remedies, but they must from time to time be proportioned to the degree of obstinacy with which they are to contend. At the time of the revo- lution, when our constitution was re-settled and our several rights and privileges confirmed, the former remedies were found insutiicient, and therefore by tlie A. D. 1736.] MR JOHN ST. AUBIt*. 399 nK).st in- t;{i M ith ? ^Jh^ great not con- the per- ortations > of our rned an itii Ijursb 'orgy of «1 rijrjit, >y Mhich severi- wilfully unci na. Its own istance, ey have 3 in any a false 1 from [I this is I at any Jthority aim to ty fronj ir con- »'c duo elong ; of our ' con- ficicnt inc to ■ nith revo- d our Drmer v thf 7th and 8th of king William a new o!ie was cveated $ but the others were suffered to subsist. The clergy have now their option wiiich method to pursue, and I believe they uKvaya follow thiw, unless they suspect an unjust partiality ; for they \vant only their riglit, and are undoubtedly willing to come at it the elioapest and most effectual way. So that by this bill, which obli«!;e5i tlicm to repair to tlie justices in the first instance, you enjoin them nothing but what is already done, but at tlie same time give a new interest to the quaker in beiup; contumacious : for I apprehend, by the bill as it now stands, if the quakers should not appear, but suffer judgment to pass by default, or sliould appear and not litigate or gainsay, that there is a power given to the justices to settle the quantum of the tythes, and the clergy are hereby deprived of any farther redress. It is tlie liberty of avoiding tb.e justices, which is some .sort of control upon their judicature, and it is the force of the several subsisting remedies, which obliges many of the quakers in some shape or other at present to submit. For it is not the punctilio of one gun only (as the learned counsel said) w hich the ganison wants, and when men are obliged to surrender there is no dis- honour in doing it : but they have got unjust possession, and Avould you withdraw your forces that tliey may strengtiicn the fortilication, and make it capable of a stouter rcsisUmce? Sir, I think the comparison has ijcen inverted, and that party is in possession who have a just title, and tiiey only desire to keej) what tiicy have, without extending their territories; and it would be extremely unjust to pull down their fences, upon an idle report that the enemy would take no ad- vantaive of it. As to the ecclesiastical comts, the quakers have been defied to produce any instances of their being much troubled here ; and indeed they arc exceedingly few. Every thing in the course of time will d('g( ncrate tVom its original institution, and undoiibtedly there 4C0 «tk idiiJT St. AUDiH. [A. b. 1736. •re nrlBily dbUstft crept into the«c courts, wliich may deserve our attention ; but then let us proceed upon feirer inquiries, and with a disposition to reform and not to destroy. These courts, from the earliest days of our cohstitutiort, have had cognizance of tytlics ; and if the chief argument against them is drawn from their defect of power ih giving redress, I am rather for supplying their defect, than that thieir authority herein should be wholly rescinded. 1 would not be thought, ])y any tiling I have said, to be for extendi tig the power of the clergy. I am for keeping that, ns well as all other power, within its due hounds. But surely the clergy are not to be the only men in the worlds ^vho^ when they are assaulted, have not a liberty to complain, and to fly to tliis asylum for their necessary defence^ I think this is all they now do, and it is very unfair to be seeking industriously for particular instailces of blame, and from thence to take occasion of casting an odium upon the whole function. Those friglitful ideas therefore of church power, u]")on which so many changes have been rung of late, I take to be very unnecessary at this time ; ic is now at a very low ebb, and it is very m ell if it can keep its just ground. 'i'he mischief which is growing up is of another sort, and our liberties arc no longer in danger from any thing V iiicb is founded in religious pretences. 'Jlic enemy has erected batteries all round our constitution; but as tlie church is the weakest part, it is thought very advisable to begin the attack tiicre, and if it succeed^ they M ill soon mount the breach and take possession of the whole : for we may learn from tiie fatal experience of former times, that monarchy can only subsist upon tiie union and defence of our civil aud religious rights. Wc all form one constitution -, it is highly necessary, therefore, that all who are sincere lovers of that, should well know and mutually protect each other ; and that tlie clergy should wisely consider that, as at all times wc A, D, \75Q.] MR. PtU&IER. 401 are ready to oppose any assaulta upon their rjitarter, so they are under the strongest obli«jations in the day of our need, not to withdra*- their assistance t'roru us hi points of civil liberty ; t r if ever tliat should be their fatal mistake, and our hands are thereby weakened, they will undoubtedly bring thfcir own establishment into thb most imminent danjE;eri«"^"''^"*'»^f' '•» >b«'f ' i I shall say no more, but ^atl shall at all times oppose any innovations, because I think them extremely haj;ard^ ous i let us rather guard a^^ainst the intemperate follies, the luxury, the venality, and irreligion of the age, which have been long gatiiering like a dark thunder-cloud iri the sky. God only knows how soon it may burst, but whenever it happens, and I fear tlie day is at no greclt distance, it will certainly fall most heavily upon us. 1 am therefore for keeping up our common shelters, that we may be protected as well as possible against thi« great and impending dangei*. ' ;;.uJ*.firh odt d) MR; PLUMER; ■.. ibid// r.V^iniqo :-trle'}i>:/r oirdiicj .* - ,. ..... >(?f;W tfo ,j ■oPLj:io'r , '{ rihi^v/; ^kmrtUfU^b't -f" &vi''. 'v> .'■ • ;■ ihisnoriJ s/l d .if!.'/ )'^\\\ \\\if i\ -»'•'* -vh\-M:fV!(^'y'r\i'n "",-]^^ iiis speech on the Repeal of the te{i 4ch^']\ Sir, U'.\\<,i\i\ ,ii 7.7<>1 : (iOf^P'^f*.''*')' I BELIEVE every gentleman that hears me may easily judge with what view I have desired this act to be read to you. It is, sir, with a design to have spme part of it repealed, and another part so amended and explained, as to make it consistent with that charity and good nature which every member of the christian religion ought to shew to another. The motion I am now to make^ sir, proceeds chiefly VOL. I. X)d si' 402 MR. PLUMER. [A'. D. 1736. rffom these three considerations : TliatI anj, and I hope ■; shall always be, an utter enemy lo all manner of j)er.se- cution; that I have a .great reverence for tliat solemn institution called the Sacrament of tlie Lord's Supper ; und that I shall always be for every thing which 1 think • may tend towards establishing and preserving the unity, peace, and trade of my country. These are considera- tions which I am persuaded are of as great weight with every gentleman of this house as tliey are with me ; and therefore if I can shew that there is any tiling in this act that looks like persecution, any thing that brings a con- tempt upon that holy institution of our religion, or any thhig inconsistent with the unity and peace of our people, or vith the trade of our country, I make no doubt of liaving the unanimous assent ot tliis house to what I am to propose ; and in my opinion, it would contribute greatly to the glory of this generation, as well as the ho- nour of this house of commons, to Iiave it agi'ecd to nemine contradkente. I hope, sir, it will be granted me, that the subjecting a man to a great penalty if he refused to subscribe to an opinion which he thought inconsistent with tlie christian religion) or to join in any ceremonies of public worship which he thought sinful, or perhaps idolatrous, would be a very heavy peisccution ; and I hope it will like\^ ise be granted, that to render a man upon any such account in- capable of holdhjg a land estate, or of succeeding to any . estate as next heir or next of kin, would also amount to a high degree of persecution : Now in this statute ^^ hich has been read to you, there is one clause which enacts, Tliat all persons that shall bear office, civil or military, or receive any salary or wages by any grant from the king, or shall have command or place of trust from or under him, or shall be in his navy or household, hi England, Wales, Berwick, Jersey, or Guernsey, shall not only tak^ the oaths of supremacy and allegiance, in the next term, or at the quarter sessions, within three months after their admittance, but shall receive the sacrament of the Lord's A. i5. \7S6.] MR. l>lUM£Ai 403 Supper, according b the usage of the chut'cli df finglatid, of which they are to deliver a certificate, and make prootj at the time of their taking the said oaths ; in failure of which they are ipso facto disabled to enjoy the said offices or employments, or any profit thereby. Arid by another' clause, Persons beyond tiie seas, or under any of the other irtipediments there mentioned, are to receive thd sacrament and take the said oaths, within four months after such impediment removed. By this regulation it is evident, that no man can hold or enjoy an office or em- ployment, civil or military, without declaring himself a member of Che church of Kngland as by law established | and as there are great numbers of faithful subjects, who have the misfortune of believing that some of the opinions established by our church are not entirely consistent with Christianity, and that some of our religious ceremonies tend towards idolatiy, such men cannot sincerely com- municate with the established church ; upon which ac- count, and upon that only, they may therefore be sub- jected to penalties, or deprived of a yearly revenue^ ac- cording to the nature of the office ttiey may be named or entitled to ; for if the post or office be such a one as is attended with trouble only, there is generally a penalty upon a man's refusing to serve it j which penalty every man must pay who is not a member of the church of England, because by this clause he is debarred from serving the office ; whereas if it were not for this incapa^ city he is laid under, he might probably choose to serve the office rather than pay the penalty ; and I would be glad to know the difference between subjecting a man directly to a penalty for refusing to join in any religious opinion or ceremony, and this indirect manner of sub- jecting him to it, by tacking to an office, in itself merely temporal, a most solemn approbation of all the religious doctrines and ceremonies of the established church. Againj sir, if the post or office to which a man is named or intitled, be one of those to which a yearly salary or revenue is annexed, from the day of his nomi-* \ p d 3 404 AiR. PLUMER. [a.d. 173C. )-, nation he has as , good a right to receive tlie profits of that office asi any man has, or can have, to his ancestor's ■estate, they being both founded chiefly upon the law of ilie land ; nay it pftei> happenti, that the person named to kny post or office has by long and faithful services fully deserved that nomination ; and this I take to be a more ineritorious title, than the title any man can have to the , estate of his ancestor or next relation. Suppose we should have a new foreign war of ten years duration, as we had in the late queen's reign ; suppose a gentleman of the dissenting persuasion should, in the beginning of that war, go abroad a cadet in one of our marching regi- ments, and in consideration of much blood lost, and many br^lve services performed in tlie cause of his country, should be at last made colonel of a regiment ; would not such a man be fullyjntitled to Uie profits of his commission, during the tim^ his majesty should think fit to continue him in command ? Would it not be downright persecution to turn him out of his commission and re- duce him to a starving condition, merely for the sake of a scruple of conscience r Yet the case would be so, if this law should be then in force. Upon the first return of the regiment to England, he would be obliged within four montlis to give up his regiment, or receive the sa- crament of the Lord's Supper, according to the usage of our established church, \\hich his conscience would not jiermit him to do, if he should happen to be a sincere dissenter. Therefore I must look upon this as a much higher degree of persecution, than it would be to render a man, on account of any religious opinion, incapable of holding a land-estate, or of succeeding to any estate as next of kin. From what I have said, sir, I hope it will appear that a very high degree of persecution lurks under the inca- pacitating clauses I have mentioned, and therefore, in my motion for the repeal of them, 1 hope I shall have the concurrence of all those who are real enemies to that antichristian practice; but when I consider the A. D. 173a] (MRrPLUMEk. 405 reverence due to the sacrament of the I^rcrs stipp^i'i' a sacred mystery, which none ought to apptoach ivith-i out having first diligently examined themselves, and to' M'hich all are to be mvitcd, but none to be cbmpelled, 1 am surprised that it should ever have been turned to such a prophane use as that of qualitying a man for being an adjiitant to a regiment, or the bailiff of a little borough. This, sir, is perverting it to an use for which- I arn sure it never was intended, and this perversion has already produced, and will always produce, many and great abominations. It is well known how many have become unworthy partakers of the holy communion, for the sake only of intitling themselves to some lucrative post or employment ; it is well known what terrible in- decencies some have been guilty of upon such occasions, and what a scandal has often been thereby given to all those who are truly devout. This is so generally known that it is now the common practice in all the (churches of England, for the curate to desire the legal communi- cants, if any there be, I mean those who come there in obedience to that statute, to divide themselves from those who come there purely for the sake of devotion ; and, indeed, it were to be Avished that none of the former should ever be allowed to communicate in the presence of, much less at the same table with any of the latter ; for the former are often so well and so generally known to be unworthy partakers, that their being admitted upon any pretence whatsoever, gives great offence to the truly religious, and tends to subvert the morals of the vulgar, by lessening that esteem which they ought to have for the established religion of their country, and which wise magistrates will always cultivate with all possible care ; but this, by long and general experience we know, is not to be done by penal laws. On the contrary, such gua- '' rantees for the established religion of any country, have always produced pride, ignorance, luxury, and o[)pression, among those of the established church, and invincible, nay, often victorious enthusiasm, among those of the con- 406 M». 7LUME1I, « [a. d. 1736. tfary religion. Even in this kingdonn, wc know, that penal laws and persecution raised so high the torrent of enthusiasm among us, that our estabiislied church was at last quite^ overwhelmed by the dissenting interest ; and happy was it for our church that those enthusiasts destroyed our constitution, as well us our established re- ligion i for if they had preserved the former, I am afraid the latter had never been restored. Since the repeal of most of our persecuting laws, th^ dissenting interest has daily decreased ; and I am convinced those remains of it tliat are now among us, are chieHy owing to the act now imder our consideration, and one otjier act of much the same nature. With regard to the peace and unity of our people, I must say, sir, it is a mutter of great surprise to me, how tlie legislature of any country could be pre- vailed on to annex temporal rewaids or punishments to speculative opinions in religion. I can easily con- ceive how doctors might differ in speculative points of divinity, as well a* in speculative points of law, physic, or philosophy; and I know with what vehe- mence a learned doctor in eitlier of those sciences main- tains his ow n opinion, and with what envy, malice, and ragCi he pursues his adversaries ; but I cannot easily con- ceive what reasons tlie lawgivers of any country could have, to adopt and establish speculative opinions of any pai'ticular doctor in divinity, while at the same time they shewed a very great indifference with regard to the speculative opinions of the doctors in all other branches of literature. The cause of this different behaviour in our ancient lawgivers, I say, I cannot well comprehend ; but whatever may have been the cause, if they thereby in- tended to establish an uniformity of opinion with respect to religious matters, experience has shewn that they have been most egregiously mistaken ; for the annexing of temporal rewards and punishments to speculati\^e opi- nions, has been so fai from reconciling men's minds, and making them a^'ree in any one opinion, that ^t has A. D. 1736.] MR. PCUMtm. 4M rendered those of different opinions ini^cligibn, not only ^ implacable, but most cruel and barbarous enemies td one another ; an effect which has never been produced by difference ot opinion in any other science. In law, ^ in physic, in philosophy, there arc, and always have been, doctors ol' diffew^nt opinions ; and among them too ; there have always l)een, 1 believe, some who would have -^ gladly confuted their adversaries by fue and fagjjfOt, ; especially when they found themselves overcome by fair reasoninfiT ; but as the law of no country has as yet' thouc^ht fit to interpose in those disputes, m'c find tlid'"* followers of these doctors have '?n{{:,i)Ji)i ol^ili-;;. SIR ROBERT WALPOLE: ^^^^ t' - ofiou.l' * TVl' 11.1. fi •H it: \i fift-!j't*in^>. I A.S I have hitherto appeeired *o be an utter enemy to all persecution, I hope my disagreeing with this motion will not be looked on as any sign of my haying changed my opinion, or of my having any intention to alter my conduct for the future ; sp far otherwise, sir, I h£\ve still, and I hope shall always have, as *ender a regard for the dissenters of all denominations, as any man can have vho is a true member of the church established by law. As a sincere member of the church of England I must, and I do wish, that all the dissenters in the kingdom could be gained over to the established ciiurqh ; Imt though t w ish for this happy event, yet I shall never be for attempting the accomplishmciii. of that vyish by any methods that have the leai^t tendency towajxis persecu- tion, or tow ards doing a real injury to any nian whoso conscience will not alW hini to embrace the established, A. D. 1736.] Sill ROBEftT VA'tPOtB. 409 religion of his country, l-'or all such I shall continue t» have a rt^al concern, because I think this difference of opinion is a man's misfortune, and not his crime. But, sir, the word persecution has, in my opinion, been very much mistaken by the honourable gentleman who made you this motion ; for according to the meann ing he has put upon the words, there could be no established church or established religion in the world, but what must be deemed guilty of persecuting all those who differ from it •, and yet those geHtlemcn will, I be- lieve, grant, that in every society there ought to be an established religion, or a certain form of public worship established by the laws of that society ; therefore we must find out a meaning for these words different from that which has been put upon them. As there is in every society a certain form of govern- ment established, I hope it w ill be granted, that it is the duty of every member of that society to support and preserve that form of government as long as he thinks it the best that can be established ; and on the other hand, if there be any man, or any set of mm, who arc- convinced that a different form of government would render the society much more happy and power- ful, I believe it will likewise be granted, that it is tlie duty of all such men to endeavour in a peaceable way, at least, to bring about an alteration. These two duties therefore being altogetlier inconsistent, nay, even destruc- tive of one another, it is absolutely impossible for the one set of men to do their duty, without laying the other set under some hardships. When those hardships are no greater than w hat are absolutely necessary for the end intended, they are just and reasonable, and such as those who are subjected to them ought nf)t to complain of , but when they are greater thnn what are necessary, they then begin to take and to deserve the name of oppression ; and according to the degrees of this, axcess, the degrees of oppression are always to be com- liutcd. In ^his kingdom we know tlieve is a set of men 410 SIR ROBKBT WALPOLE. [a. D. ]736\ who think it tlieir duty to endeavour to bring about an alteration of our present happy establishment, I mean our nonjurors ; who for that very reason are excluded from all posts or places hi our government ; which is certainly a hardship upon them ; but I am sure it cannot be called an oppression, nor can this ex- clusion with respect to them be called a punishment. And if there be a set of men in this kingdom who think the doctrines of tiie established ciiurch incon- sistent with Christianity, or the ceremonies of our public worship idolatrous, it is tlieir duty as christians to at- tempt to bring about an alteration in our established re- ligion, and they certainly will attempt it as soon as it is in tlieir power ; nay, with all detierence to the honour- able gentlemen who have spoke upon the other side of the question, for all of whom I have tiie greatest esteem, I must look upon this very motion as a be^ ^nning of that attempt ; but as I am a member of tlie church of England, and think it the best religion tliat can be established, I think it my duty to prevent its being ever in the power of such men to succeed in any such attempt; and for this purpose, I tJiink it absolutely necessary to exclude tliem from any share in the executive part of our government at least ; be^ cause if the excecutive part should once come to he generally in their hands, they would very probably get the legislative part likewise ; from which time it would be in vain to think of preventing, in a peaceable manner, their doing whatever they had a mind ; and it must be presumed they would do what they thought themselves in duty bound to do. To exclude a man from a profitabie post or employment, I shall admit to be a hardship upon the man so excluded ; but as it is absolutely necessary for the preservation of our esta- blished diurch, to exclude those who think it their duty to destroy it, from any share in the executive part of our government ; theretbre this exclusion can no more be called persecution, than it can be called oppression to A. D 1736.] SIR ROBERT WALPOIE. 41) exclude nonjurors from any shave of our government exe- cutive or legislative ; nor can such exclusion be deemed a punishment in the one case any more than in tiie otiier. i In the supposed case of a brave dissenters being ad*i vanced to the command of a regiment, I shall j^rant that it would be a great hardsliip upon him to be turned out of his command, and to be exposed to a starving con- dition, upon his return to his native country ; but the same case may be supposed with respect to a Roman catholic gentleman ; yet there would l}e no persecution in either case ; because the excluding of all such men from any command in pur army, especially here at home, is, I think, absolutely necessary lor the preserva- tion of our constitution in the happy state it is in at present : nor could sucli an exclusion be called a punisii- ment upon the man so excluded, no moi c than it can be called a punishment upon a man of five foot and a half to be excluded from being a soldier in tlie guards ; for neither of these exclusions proceeds tiom any crime or fault in the man, it being as impossible for a man to alter his opinion when he has a mind, as it is to add two or three inches to his stature when he has occasion for it ; but as the latter becomes necessary- for the sake of pre- serving the beauty and symmetry of a regiment, so the former becomes necessary for the sake of preserving the beauty and symmetry ot a society. The argument raised from the supposed abuse of the blessed sacrament of the Lord's supper, is founded upon a fact which I cannot admit ; for as there is nf ,:f As to the unity and pence of oiir people, I nm per- suaded, sir, tlie rc|"H^al of this law, nnd another wliirh I believe is likewiiie intended, would mise most terrible disturbances and confusions ; for with respect lO all posts and employments that up by election, we should have all the dissenters combining closely together to bring in their friends, which would of course breed many riots and tumults. And as to our trade, it depends so much u{)onthe peace »nd tranquillity of the nation, that if we have a mind to preserve it, we ought not to make any ^icw regidation or repeal any old, if by so doing we run the risque of raising heart-burnings and jealousies amon" our people, i' • -" -^ "-J ■ -i-" ■ , » / ^ .. ,. '>;w V jfjl .«Mil' itf •no)-:,rjf)ryoy'{i!>i»'^n tv :. ;.t .ir:'; ;..'../; .M'' .', ■ \^^ ; ,.,, //« Speech on the same Suhjcpi^ Aj^fynu'. ':!•'■ ■TAii 1 sHALf, take up very little of your time in replying to what has been said J for in my opinion, the arguments for tiie motion have been enforced by what has been said by way of answer to tliem. If the hardships imposed upon the dissenters, by the law under our consideration, are greater than what are absolutely necessary for preventing its being in their power to destroy the established church, it must be granted, from what; lias been said on the other side of the question, that this law is a persec.iting law. Now, sir, to determine this question in the affirmative, we need have recourse to no oti\er nation but Scotland : with re- gard to that nation, we kpow that the Presbyterian re*., surpi or tl A. D. 173C.] MR. IIOLDKN. 4>;j lij^ion, which is here one of our dissenting religions, ih there the estttbliHlied churcij, and wlmt is lierc (mr estaUisiied cliurch, is there a dissentiiij^ reUgion ; yet flii; established church in Scotland huve never thought it necessary, nor does it appear to be necessary, for tlieir preservation, to exclude tlieir diHsenters from uU posts and employments in the executive part of thciir govern- ment, nor have they any law for such a purpose i but on the contrary, some of their judges and magistrates, and many of those in posts and employments in that king- dom, go openly, and in the most solenin manner, to the episcopal or church of England meeting-houses ; and though this practice or indulgence has been continued for many years, and continues to this day, yet the estar blished church in that country is so far from being in any danger of being c /erturned by what is there the dissent- ing interest, that tlie former is daily gaining grountl upon tiie latter; which evidently shews tlie great weight and effect of a legal establishment, with njspect to religion, when the minds of men are not irritated by any unneces- sary hardships put upon them. 1 could likewise in- stance Holland, and several other protestant countries, to shew, that rendering dissenters incapable of serving the crown in any post of honour, trust, or j)rofit, is a hardship put upon them, which is so far from being abso- lutely necessary, that it is not at all necessary for pre- serving the established religion of any country ; and tiierefore this hardship must in the strictest sense be called persecution, even accordhig to the meaning put upon it by the honourable gentlemen, mIio have spoke on the other side of the question. With respect to nonjurors and Roman catholics, the hardships put upon them are not for the sake of a scruple of conscience in any matter of a religious concern, but because they are enemies to the state, and to the present happy establishment; bit I am surprised to hear it said that the rendering of them, or the dissenters, incapable of holding any post of 414 MR. flOLDEtr. [a.d. 173^. honour, tnist, or profit under the crown, is no punish- ment, when I consider timt tliat very punishment lias often been inflicted by parliament, as one of the greatest punishments they could inflict upon crimes of a very high nature. Surely tliis legal incapacity must be looked on as a punishment iipon both, but with this difference— tlittt upon nonjurors or Roman catholics it is with great justice inflicted, but upon dissenters it is inflicted w ithoul any occasion, no party among the latter having ever yet been suspected of being enemies to our present esta- blishment, unless the rejecting of this motion should make them so. I am sure every gentleman that hears me must grant, that there is some difference between a capacity of being a soldier in the guards, and a capacity of holding any post or preferment under the crown : the guards are the king's own servants, and every man may choose what sort of servants he has a mind ; therefore no man has ii title to imy capacity of being a soldier in the guards ; but every subject hos a title to a capacity at least of sharing in the honours and preferments of his country, and that capacity ought not to be taken from him, but by way of punishment for some very high crime or misdemeanour ; for it is a punishment so dishonour- able and severe, that we never find it inflicted by our laAvsupon crimes of an ordinary nature. I siuiU grant, sir, that a njinister of the established churcli is not, by any express words in this act, ordered or compelled to administer the sacrament to an unworthy person, who desires it only for the sake of enabling him- self to hold a beneficial employment ; but if; a minister of tlie church of England should refuse to administer the sacrament to any person, upon such occasion, and that person should by means of such refusal lose his post, or only a yeai's salary, he might bring his action at common law upon the statute of king Edward VL against such minister, and Mould recover great da- mages, if the court should not approve of the minis- ter's reason for refusing to administer the sacrament A. D. 1736.] ,Tv MR HOLDEB. ,-.i; 415 to tlie plttintirt" : whereas, Ijefore tiie receiving of the sacrtiinent was niatie a c|ualification i'ov a civil employ- ment, no such plaintirt* could have recovered any con- siderable damage ; nay, 1 doubt if he could have re- covered any danuigc at all ; tor he could not probably have proved any tenjporal daniajje by iiis not receiving tlie sacrament when he de»ired it ; and I do not see how a jury could pretend to put a value upon the spiri- tual damage he might pretend to have received. Those laws theretore, which have made the receiving the sacra- ment a qualification for a civil employment, have sub- jected all the clergymen of the church of England to a vary great difficulty ; because they are by those laws, mui by those only, subjected to tiie danger of having such damages given agaiust them as may ruin them and their familitts tor ever, in case they refuse to administer the sacrament to a person whom they know to be a most prortigate and impenitent sinner : for this a minister of oiu* church may be fully convinced of, and yet it may be. impossible for him to make the same appeal* to a jury. 1 pretend, sir, that if those incapacitating laws were repealed, the dissenters would combine closely together in all elections, and that these combinations would occasion ten'ible disturbances, is contradicted by experience — is contradicted by experience in England as well as Scot- land } for though many of the dissenters in England do conniiunicate sometimes with the established church, and , in consequence thereof become candidates from time to time, for almost every elective civil post in the kingdom j and though the dissenters do generally join pretty una- nimously upon such occasions, I believe more unani- mously than they would do if these laws were repdaled, yet we find it never produces any disturbances. And in Scotland, where the dissenters from their established church are under no incapacitating laws, we find that the disputes about elections never produce any distur- bances between the two religious parties in that king- dom ; although it must be granted tliat the people of r ' 416 tAkt or CktSttfRFJELD. ' fA. D. I757, ■ ^' ^' ^'^^ ••# that country are as violent in all their desires, as bold and enterprising in their designs, and as tui-bulent under disappointments, as the people in any country, I believe, upon the face of the earth. We must therefore from ex- perience conclude, that the repeal of those persecuting laws, which, to our misfortune, are still in force in this kingdom, would confirm rather than disturb our preserit tranquillity ; and it would certainly increase our trade, because it is not to be questioned but that a great many more rich foreign merchants would come over and settle among us, if they could enjoy all the privileges of Eng- lishmen without changing their religion : whereas, while those laws remain unrepealed, a few foreign tradesmen and mechanics may perhaps come over ; but rich and opulent foreign merchants will neither come nor stay to settle their families in this kingdom, when they consider that neither they nor their posterity can aspire to any ho- nour or preferment, unless they make a sacrifice of the religion of ttieir ancestors. ,.. . EARL OF chesterfield; a^iuH; •. ! i'tC^ ■•< I- jv') -';' V A\ , I* .;^^;;y His Speech on the Play-house BilL ..s;. jo.un ' ■ My Lords, The bill now before you I apprehend to be of a very extraordinary, a very dangerous nature. It seems de- signed not only as a restraint on the licentiousness of the stage, but it will prove a most arbitrary restraint on the liberty of the stage ; and, I fear, it looks yet farther ,• I fear it tends towards a restraint on the liberty of the press, which will be a long stride towards the destruction A.b. I7*lr I All!)- 1737.1 EARL OF CHESTERFIELD. 417 of liberty itself. It is not only a bill, my lords, of a very extraordinary nature, but it has been brought in at a very extraordinary season, and pushed with most extraordinary dispatch. When I considered how near it was to the end of the session, and how long this session liad been protracted beyond the usual time of the year; when I considered that this bill passed through the other house with so much precipitancy, as even to get the start of a bill which deserved all the respect, and all the dispatch, the foi;ms of either house of parliament could admit of, it set me upon enquiring, what could be tlie reason for introducing this bill at so unseasonable a time, und pressing it forward in a manner so very singular and4 uncommon. I have made all possible enquiry, and as 4 yet, I must confess, I am at a loss to find out the great.* occasion. I have, 'tis true, learned from common report without doors, that a most seditious, a most heinous farce had been offered to one of the tlieatres^ a farce for which the authors ought to be punished in the most ex- * eniplary manner: but what was the cousequtwce ? The master of tliat theatre behaved as he was in duty bound, ; and as common prudence directed : he not only refused to bring it upon the stage, but carried it to a certain honourable gentleman in the administration, astbe surest method of having it absolutely suppressed. Could this be the occasion of introducing such an extraordinary bill, at such an extraordinary season, and pushing it in so t'xtraordinary a manner ? Surely no :-^- — the dutiful be- haviour of the players, the prudent caution they shewed upon that occasion, can never be a reason for subjecting them to such an arbitrary restraint : it is an argument in their iavour, and a material one, in my opinion, against ' the bill. Nay fartlier, if we consider all circuuistances, it is to me a full proof, that the laws now in being are suf- licient for punishing those players wiio shall ventuie to bring any seditious libel upon the stage, and consequtntly, iinfficient for deterring all players from acthig any thing VOL. I. •Vx^r .,.>(£© 418 liARL or CHESTERFIELD. [a. D. I737. that may have tiie least tendency towaxds giving a reason- .abie oftence. ■■^m-^m »*< I do not, my lords, pretend to be a, lawyer, 1 do not pretend to know perfectly the power and extent of our laws i but I have conversed witii those that do, and by tlicm 1 have been told, tliat our laws are sufficient for punishing any person tliat shall dare to represent upon the stage, what may appear, either by the words or tlie representation, to be blasphemous, seditious, or immoral. I must own, indeed, I have observed of late a remark- able licentiousness in the stage. There have but very lately been two plays acted, which one would have thought should have given the greatest offence, and yet both were suffered to be often represented without dis- turbance, without censure. In one*, the autlior thought fit to represent the three great professions, religion, physic, and law, as inconsistent with common sense : in the other f, a most tragical story was brought upon the stage, a catastrophe too recent, too melancholy, and of too solemn a nature to be heard of any where but from the pulpit. How these pieces came to pass unpunished, I do not know : if I am rightly informed, it was not for want of law, but for want of prosecution, without whicii no law can be mad« effectual: but if there was any ne- glect in this case, I am convinced it was not with a design toi prepare the minds of the people, and to make them think a new law necessary. '• Our stage ought certainly, my lords, to be kept within due bounds; but for this, our laws as tliey stand at pre- sent are sufficient ; if our stage-players at any time exceed tliose bounds they ought to be prosecuted, they may be punished: we have precedents, we have examples of persons having been punished for things less criminal than either of the two pieces I have mentioned. A new law must therefore be unnecessary, and in the present case it cannot be unnecessary without behig dangerous : every .J =*-^ u'.'.. ■ ,:^-« '■ ■■"^i .. Pasqum, a Comedy. t King Charles I. a Tragedy. !>• 1737. I A. D. 1737.] EARL OF CHESTERFIELD. 419 5 a reason- 'I do not 2nt of our 0, and by ficient for sent upon ds or tlie [• immoral, a remark- but very )nld have ?, and yet thout dis- )r thought religion, sense: ia ; upon the y, and of but from punished, as not for out which IS any ne- Dt with a 1 to make !pt within id at pre- le exceed J may be mples of criminal A new ;sent case LIS : every 'My- ' unnecessary restraint on licentiousness is a fetter upon the legs, is a shackle upon the hands of liberty. One of the greatest blessings we enjoy, one of the greatest bles- sings a people* my lords, can enjoy, is liberty ;-^but every good in this life has its allay of evil : — licentious* , ness 'is the allay of liberty : it is an ebullition, an excres- cence, — it is a speck upon the eye of the political body, which I can never touch but with a gentle, with a trem- bling hand, lest I destroy the body, lest I injure the eye upon which it is apt to appear. If the stage becomes at any time licentious, if a play appears to be a libel upon tlie government, or upon any particular man, the king's courts are open; the law is sufficient for punishing the offender, and in this case the person injured has a sin- gular advantage— he can be under no diificulty to prove who is the pub'^'^her j the ])layer8 themselves are the pub- lishers, and t:>'^ en be no want of evidence to convict them. But, my lords, suppose it true, that the laws now in being are not sufficient for putting a check to, or pre- venting the licentiousness of the stage } suppose it abso- lutely necessary some new law should be made for that purpose; yet it must be granted, that such a law ought to be maturely considered, and every clause, every sen- tence, nay, every word of it well weighed and examined, lest, under some of those methods presumed or pre- tended to be necessary for restraining licentiousness, a power should lie concealed, which might be afterwards made use of for giving a dangerous wound to liberty. Such a law ought not to be introduced at the close of a session, nor ou^ht we, in tlie passing of such a law, to depart from any of the forms prescribed by our ancestors for preventing deceit and surprize. There is such a connexion between licentiousness and liberty, that it is not easy to correct the one, without dangerously wound- ing the otlier : it is extremely hard to distinguisk. the true limit between them : like a changeable silkj we can easily see there are two different colours, but we cannot easily JE e 2 400 .EAHL OF CHESTKUrlKI.n. [a. d. 1737 discover where the one ends or Avhcrc tlie other begins. .There can be no great and immediate danger from the licentiousness of the stage : I hope it will not be pre- tended, that our government maV, Ijcfore next winter, be overturnc has tlio people, nee wiJj led as u ^gh the ious of )r weak- vliat the ; to take ich was f this in a come- :st man, e, when ent and ize any ! at that d taker ! of the he was ce had say, of 3t pro- ) get it f what jirince ixpose > very sanje every nif:;ht publicly upon the Italian stage : to which tlic prince wittily answered, 'Tis true, Molicre, Harletiuin ridiculea Heaven, and exposes religion j but you Imvc done inuclii worse — you have ridiculed the first minister of religion, y 1 am as much for restraining tiie licentiousnesii of the stage, and every other sort of licentiousness, as any of your lordships can be ; but, my lords, I am, I shall al- ways be, extremely cautious and fearful of making the least encroachment upon liberty ; and therefore, wlieii a new law is proposed against licentiousness, I sha|l always be for considering it deliberately and maturely, before I venture to give my consent to its being passed. This is a sufficient reason for my being against passing this bill at so unseasonable a time, and in so extraor- dinary a manner ; but I have many reasons for being against passing the bill itself, some of which I shall beg leave to explain to your lordships. Tlie bill, my lords, at first view, may seem to be designed only against tlie stage ; but to mc it i)lainly appears to point somewhere else. It is an arrow that does but glance upon the stage — the mortal wound seems designed against tlie liberty of the press. By this bill you prevent a play's being acted, but you do not prevent its being printed ; therefore, if a licence should be refused for its being acted, we may de- pend on it, the play will be printed. It will be printed and published, my lords, with the refusal in capital letters on the title page. People are always fond of what's for- bidden. L'lbri prohibiti are in all countries diligently and generally sought after. It a\ ill be much easier to proi- cure a refusal, than it ever was to j)rocure a good house, or a good sale ; therefore we may expect, that plays will be wrote on purpose to have a refusal : this will certainly procure a good house, or a good sale : thus will satires be spread and dispersed through the whole nation, and thus every man in the kingdom may> and probably will, read for sixpence, what a few only could have seen acted, and that not under tlie ex pence of half a crown. We shall then be told. What 1 will you allow an infamous libel 424 EARL OF CHESTERFIELD. [a. D. 17C7 to be printed and dispersed, which you would not allow to be acted ? You have agreed to a law for preventing its being acted, can you refuse your assent to a law for pre- venting its being printed and published? I should really, my lords, be glad to hear what excuse, what reason one could give tor being against the latter, after having agreed to the former ; for, I protest, I cannot suggest to myself the least shadow of ah excuse. If wc agree to tlie bill now before us, we must, periiaps next session, agree to a bill tor preventing any play's being printed without a licence. Then satires will be Avrote by way of novels, secret histories, dialogues, or under some such title ; and tliereupon we shall be told, What! will you allow an in- famous libel to be printed and dispersed, only because it does not bear th€l title of a play? Thus, my lords, from tlie precedent now before us, we shall be induced, nay, we can find no reason for refusing, to lay the press under A general licence; and then we may bid adieu to the libera ties of Great Britain. ' ^i^i" - ''^'i t/:= **'■ v*^ ^*jhJ- > i-i/^ But suppose, my lords, it were necessary to make a new law for restraining the licentiousness of the stage, which I am very far from granting, yet I shall never be for establishing such a power as is proposed by this bill. If poets and players are to be restrained, let tliem be restrained as other subjects are, by the known laws of their country : if they offend, let them be tried as every Englishman ought to be, by God and their country. Do not let us subject them to the arbitrary will and pleai- sure of any one man. A power lodged in the hands of one single man, to judge and determine, without any limitation, without any control or appeal, is a sort of power unknown to our laws, inconsistent with our consti- tution. It is a higher, a more absolute power than we trust even to the king himself; and, therefore, I must think, we ought not to vest any such power in his majes- ty's lord chambeibin. When I say this, I am sure I do not mean to give the least, the most distant offence to the noble duke who fills the post of lord chamberlaip; A. D. 1737.] EARL OF CIIE3Tr.R FIELD. 425 his natural candour and love of justice, woidd not, I know, permit him to exercise any power but with tho strictest regard to the rules ot jiistice and hiunauity. Were we sure hi» successors in that liij^h office would always be persons ot such distinguished merit, even the power to be established by tiiis bill could give me no further alarm^ than lest it should be made a precedent for introducing other new powers of the same nature. This, indeed, is an alarm which cannot be avoided, which cannot be prevented by any hope, by any consi- deration : it is an alarm which, 1 think, every man must take, who has a due regard to tlic constitution and liber- ties of his country. '■"r-,'- I shall admit, my lords, that the stage ought not, upon' any occasion, to meddle v^ ith politics j and for this very reason, among the rest, 1 am against the bill now before us. This bill will be so far from preventing the stages meddling with politics, that I fear it will be the occa- sion of its meddling with nothing else ; but then it will be a political stage e.v parte. It will be niatle subser- vient to the politics and the schemes of the court duly. The licentiousness of the stage will be encouraged instead of being restrained j but like court journalists, it will be licentious only against the patrons of liberty, and the protectors of the people. Whatever man, whatever party opposes the court in any of their most destructive schemes, will, upon the stage, be re[)rcsented in tho most ridiculous light the hirelings of a court can contrive. True patriotism, and love of public good, will be repre- sented as madness, or as a cloak for envy, disappoint- ment and malice ; whilst the most flagitious crimes, the most extravagant vices and follies, if they are fashionable at court, will be disguised and dressed up in the habit of the most amiable virtues. This has formerly been the case: — in king Charles II's days, the play-house was under a licence. What was the consequence? — ^^fhe playhouse retailed nothing but the politics, the vices, and the folli<,>s of the court ; not to expose them ; no — but to 426 lARL OF CHESTERFIELD. [a.D. 17:^7. recommend them; though it must be granted, their poli- tics were cftin as bad as tiieir vices, and mucli more pernicious than their otlier foUies. Tis true, tlie court had at that time a great deal uf wit, and it was then, indeed, full of men of true wit and great humour; but it M as the more danj^erous ; for the courtiers did tlien as thorough -paced courtiers always will do — they sacrificed their honcMU', by making tlicir wit and their humour sub- servient to the court only ; and what made it still more dangerous, no man could ap|>ear upon the stage against tlienj. We know that Dryden, the poet-laureat ot that reign, always represents the cavaliers as honest, brave, merry fellows, and fine gentlemen : indeed his fine gen- tleman, as he generally draws him, is an atheistical, lewd, abandoned fellow, which was at tljat time, it seems, the fashionable character at court. On the otlier hand, he always represents the dissenters as hypocritical, dis- sembling rogues, or stupid, senseless boobies. — When the court had a mind to iall out with the Dutch, he wrote his Amboyna, in which he represents, tlie Dutch as a pack of avaricious, cruel, ungrateful rascals : — and when tlie exclusion- bill was moved in parliament, he wrote his Duke of Guiie, in which those who were for preserving and securing the religion of their country, were exposed uijider the cliaracter ot the l^i'ke of Guise and his party, who leagued together for excluding Henry IV. of France from the tlnone, on account of his religion. The city of London, too, was made to feel tlie partial and mercenary licentiousness of the stage at that time ; for the citizens having at tliut time, as well as now, a great deal of pro- perty, they had a mind to preserve that property, and therefore they opposed some of the arbitrary measures which were then begun, but pursued more openly in the following reign ; for which reason they were then alnays represented upon the stage, as a parcel of designing knaves, dissembling hypocrites, griping usurers, — and cuckolds into the bargain, m;^ u <:'5 i;io;iftif^»)(H^.H?M'»i' i My lords, tiie proper business of the stage, arid that A. D. 1737.] KARL OF ClIESTEKFir.LD, 4127 for which only it is useful, is to expose those vices and follies which the laws cannot lay hoUl of, iind to recom- mend those heautics arul virtues, whidi ministers and courtiers seldom either imitate or reward ; but l)y layiii/r it under a licence, anil under an arbitraiy eourt-iioenee too, you will, in my opinion, entirely pervert its use; for though I have tlie greatest esteem tor tliat noble duke into whose hands this power is at present designeil to fall, thou,«Th I have an entire coniide. ice in his jud«5uient and im|jurtiaiity; yet I nmy su[)pose, that a leaniun(lenre of another kind ; we have u much less preciU'ioMs support, and tliertibre eannot feel tho inconveniencies of tho bill ntnv before us ; but it is our duty to encouraiTo and protect wit, who8o<^^ver"s property it may be. I'liose gentlemen wiio have any such pro- perty, arc uU, I hope, our friends : do not let us subject thcin to any unnecessary or arbitrary restraint. I must own, I cannot easily agree to the laying of any tax upon wit; but by this bill it is to be heavily taxed, — it is to be excised ; for if this bill passes, it cannot be retailed in a proper way without a permit; and the lord cham- berlain is to have the honour of being chief ganger, su- pervisor, commissioner, judge, and jury; but what is still more hard, though the poor author, the ]")roprietor I should say, cannot perhaps dine till he has found out and agreed with a purchaser, yet before he can propose to seek for a purchaser, he must patiently submit to have his goods rummaged at this new excisc-oifice, where they may be detained for fourteen days, anrl even then he may fmd them returned as prohibited goods, by which his chief and best market will be for ever shut against him ; antl that without any cause, witliout the least shadow of reason, either from the laws of iiis country, or the laws of the; stajjo. i^' '^^J*''' hrt,.-^'f.^^.i^ 'n-.f^^ "ifdvi'vymy, These hardshi{)s, this hazard, which every gentleman will be exposed to w ho writes any thing for the stage, must certairily prevent every man of a generous and free spirit from attempting any thing in that way ; and as the stage has alw ays been the [)roper channel for wit and humour, therefore, my lords, when I speak against this bill, I nnist think I plead the cause of wit, 1 plead the cause of humour, I plead the cause of the J^ritish stage, and of every gentleman of taste in the kingdom. A.t>. irj IJut it is| for the against nour to inclinatij he uu\st intimate some ofl intcrprel haps utf comes t and tht will thii sent it : against with nr ment w against piece CI fore by lain! a or prol him a i. tnemit The my bci in no i openh your ! play» sediii( you c On t admit lows, guish venti A. T>. \7S7'] EARL OF CIIESTF.RPIELD. 4Vd But it is not, m^ lords, for tlie sake of wit only; cvin for the sake of his miijcstv s lord cliainborlain, I must be ui^ainst this bill. Tiie noble duke who has now tlie iuj- nour to execute tliut ottice, has, 1 am sure, as little an inclination to disoblige us any man : but if this bill pas.s<;s, lie must (lisobli«^e, he may chsoblii'e some of his moat intimate friends. It is iujpossible to write a play, but some of the characters, or some of t|ie satire, nmy be interpreted so as to point at some person or another, per- haps ut some person in an eminent station: whei'it comes to be acted, the people will make the apjilicatio », and the person ajfainst whom the af)plication is mad *, will think lumself injured, and will, at least privately, re- sent it : at present this resentment can be directed only against the author i but w hen an autiior's play appears with my lord chamberlain's passport, every siicli resent* inent will be turned from the author, and pointed directly against the lord chamberlain, who by his stamp made the piece current. What an unthankful office are we there- fore by this bill to put upon his majesty's lord chamber- lain ! anoifice whi('h can no way contribute to his honotu* or profit, and yet such a one as must necessarily gain him a great deal of ill-will, and create him a number of enemies.. \mm .n b^u .ovt'' <)'»^c>fT''^ it will in no way answer the end proposed: I inc-au the end openly proposed, and, I am sure, the only enc' -vhich your lordships propose. To prevent the actii.:, ;f a [)lay» which has any tendency to blasphemy, immorality, sedition, or private scandal, can signify nothing, unless you Ciin likewise prevent its being printed oi .; published. l)u the contrary, if you prevent its being acted, and admit of its being printed and published, you will pro- pagate tlie mischief: your proliibition will prove a bel- lows, which will l)!o\v up the Hre you intend to extin- guish. This bill can, therefore, be of no us{3 for pre- venting eitlier the public or the private injury intended 450 EAKL OF CHESTERFIELD. [a. 1). 1737. by such a play ; and consequently can be of no manner of use, unless it be designed as a precedent, as a leading step to\\'ards another for subjecting the press likewise to a licenser. For such a wicked purpose, it may, indeed, be of great use ; and in that light, it may moat properly be called a step towards arbitrary power. Let us consider, my lords, that arbitrary power has seldom or never been introduced into any country at once. It must be introduced by slow degrees, and as it were step by step, lest the people should perceive its ap- proach. The barriers and fences ol the people's liberty must be plucked up one by one, and some plausible pre-' tences must be found for removing or hood-winking, one after another, those sentries who are posted by the con- stitution of every free country, for warning the people of tlieir danger. When these preparatory steps are once made, the people may then, indeed, with regret see slavery and arbitrary power making long strides over the land ; but it will then be too late to think of preventing or avoid- ing the impending ruin. The stage, my lords, and the press, are two of our out-sentries ; if we remove them, if we hood-wink them, if we throw them in fetters, the enemy may surprize us. Therefore 1 must look upon tlie bill now before us as a step, and a most necessai-y step too, for introducing arbitrary power into this king- dom : it is a step so necessary, that if ever any future ambitious king, or g^jilty minister, should form to himself 6o wicked a design, he will have reason to thank us for having done so much of the work to his hand ; but such thanks, or thanks from such a man, I am convinced, every one of your lordships would blush to receive, — and scorn to deserve. .nv: 'K ■ -1 ; .'1 .■ A. D. 1738.] DUKE or BEDFORD. 45i r •■^r.^•.. , r >i!'"f i ■': .^m.^.imP^^'^ OF BEDFORD, ;i,?T^kiT-.uU-:t! His Speech on the Address. My Lords' *'^*?^'*^'^^''^<'^^^*^'^ ,i,^?t^^4i/r^/jf;fa?f ^.^ There is not any one reason that has been advanced by the noble duke who spoke last, that has not had a quite contrary effect upon me, than what it seems to have upon tlie noble duke. His grace thinks that we ought to ap- prove of this convention, because we are in the dark about it ; my lords, that is the very reason why I think we ought not to approve of it : I think we have been kept too long in the dark already, with regard to every step of this long and intricate negociation with Spain. Perhaps, my lords, if we had been kept less in the dark some years ago, the nation might have seen its interest more clearly j we could then perhaps have interposed with greater dignity, with greater weight, than, I am afraid, we can now*. But I hope it is not yet too late; tlie convention which his majesty has been pleased to inform us of from the throne, can never be thought .to have received its finishing stroke, but from the appro- bation or disapprobation of botli houses of parliament. W« have, my lords, before this time, rescued the nation from ruin, by rejecting measures that had received the last hand from a ministry ; perhaps a corrupt ministry indeed, but a ministry that had the same power, the same authority for what it did, that any subsequent ministry can pretend to have. Your lordships, no doubt, know that I mean the famous treaty of commerce witJi France, 4Q^ > tiiviz OF BtDFORD. [a. d. 1738. wliicli was thrown out by the parliament of Great Britain nbout the time wtien tlic treaty of Utrecht was con- eluded. ft I shall willingly agree with the noble duke who spoke last, in thinking that our unanimity is the best means of Bccurhig the nation again.st all the attacks either of her open or concealed enemies: but that unanimity, my lords can only be brought about by every lord in this house contributing all that is in his power towards dis* covering by what means it has happened, that the solemn resolution of this house, which was laid before his ma- jesty, has been neglected, wilfully neglected, by tlie nego- ciators of tliis convention. Can it be expected, my lords, ttiat we shall be unanimous hi our approbation of a n)easure that carries along with it such evident marks of disrespect to parliament, and thereby lays the foun- dation of measures that may put it out of our power ever after to be of service to the nation? My lords^ I can never be persuaded that if tlie ministry had got from Spain an ample renunciation of all pretence to a right oi searching our ships on the open seas, they would not have, informed the nation of so considerable a point gained ; we should have heard of it in all companies, in hU our news-papers; and, my lords, it would have been fully and explicitly set forth in his majesty's speech. Therefore, my lords, even his majesty's silence on that head is to me a sufiicicnt proof, that \\o such renunciation has been obtahied ; nay, to me it is a proof^ that the Spaniards insist on their claim to search our ships, and that we have even submitted to have it discussed by the plenipotentiaries, who are to meet upon the detinitive treaty. This is so evident a contempt of the parliament's advice, as if two plenipotentiaries were better judges of our rights of navigation and commerce, than both houses of parliament, that it is surprizing to me, tliat even an attempt should be made to excuse it — nmch more to de- fend it. >^ ':[■ ' My lords, when I heurd that a convention was con- A. D. i738.] P^i^.i dF BfipFORI^;, t #s? dudej, I iniftgincd thi^^the definitive trcj^tf, which is tp follow on thfc^t convcntiopi would not bp riojferrul to corm missarics ; >uidthatsoinp oihpi* ^^aijrip \v,oiil(^ be Jayc i^cd tcff thewJ gentlemen'a powers. W^ had eho^g|;i pi c^in^ijei-t siuies at the treaty of Seville; that treaty, my lords, >^'a4 ii^ the main little better tliaifi ^ copyemion, siijqe, 4s i^ ili^ otber conventions, a great deal was left to the decision qif coi^nniss^ries. None of your lordships ai^ ignorant of th^ progress these coniiniss^ieis rawle in settling thp Q^Uy§ referred to their decision ; pid tliat, jaijter ^(^me years exij^ pensive and fruitless negocj^itiion, thj^y 1^ theo^i in a ttif^p piCTplexed state thfih they were before. T,he>poiflt^ h^i^. U^clf tei^ion wpre iiot inolced of s«ch,i)Tipo;;tance astbpp^ whicjh by .this couvenl^ion seem to be Ipft to plenipoteA", tiarips: but, my lords, can we easily imagine tbatt)leai^: potentiarics will he more expeditioijis than commissa^iles.i^- I ajn apt ti^ tjiiink, my lord^, tiiatthey will be a great de^| more slow, because the points referre4 to theijr decj^i9^ ^ arc of a much weightier nature. There tore, my lord^^* as we have found already by experiehce, that an eventu,a][ treaty, i^ 1 may call it so, has been so detiimental to tjifj. nation, t think it would be highly improper for us tgjr approve of our ministry's concludmg another, wluch we j have great reason to think is of a still more pernicious natur(^ My lords, I would not be understood as if I were absolutely for condemning the convention before we f know what it is ; but 1 humbly conceive, tliat tliere is a » great difference bct'.vix,t not giving a sanction to a mea- . sure, and utterly rejecting it. By our agreeing to tho) address as auiendcd, we only give the ministry to under- , stand, that we arc surprized they should venture on Aj" manner of negociiiting that has been already so detri- rnental to the nation : but wc don't at all profess, that wC; are resolved to disapprove ol it, if, contrary to what vv6 apprehend, there should be some peculiar advantages in this negociation, that may reconcile it to the interests of the kingdom. This, my lords, is the light in which I view the opposition that is made to the address VOL. I. F f m DUKE OF BEDtfORD. [a. t>. l^Sfi- f)fopdS(id by the noble'diikk ' ''iVrfd'iViy lords, by «|fee- ing to the aiiiendment; we dori't go the length that par- liaments used to go in fbrnicr times. ^Formerly, my lofds, when a speech was made from the throne, a par- ti'cltlar cky M'as appointed by parliament for tiiking that Speech into consideration, aind in the mean time a com- twittee M'as appointed for en(|uiring into, and drawing up a state of the grievances of the nation. And, my lords, these grievances were presented to the throne before they returned their address 6f thanks, which was always Qualified according to tiie hopes which the crown gave them of redressing these grievances. My lords, no man t<4k) undei-stands the history 6f England, will say that imr forefathers were cither wanting in the duty they &tved to the prince, or in their concern for the liberty of tbe subject.' And, my lords, though the liberty of the subject may now seem more secure from the en- ^aChhiCrrts of the crown than it was formerly, yet the example of our wise ancestors cannot be too closely imi- tated, especially when we are apprehensive of any of tliose grievances under which they laboured. For thcss' reasons, my lords, 1 am for the ^meodment. j/i'*t •:- '■■[: (jJftenvarch carl of Ilardwicke,) " f- H\*r • '-' - ^Vas born lf)<50, died I764. lie was brought into parliament for Lfiwes in Stisspx in 1718. In l73^» he Was made lord chancdlor, which situation he held for twenty years, lie is said to have be^n a great lawyer. If so, a great lawyer may be u very little man. There is in his speech a ;;e^/YfH('«s, an in.siiiuilicant subtlety, an aflec ted origi- nality, a trifling formality, which any one, not accustomed to liie laborious fooleries and idle distinctions of the law, would be ashamed of. All those of his speeches that 1 have read are in the same minute stile of special-pleading, accompanied with the same apologies for the surprize which must be occasioned by his microscopical diaco- veries.and methodical- singularities. :'-D'!l'b';; .1...!: ii.alyj. ' :uilh-^C!.H^^ %(ki .v/..' \ Ak D. 1738.] THE LORD CIIANCELLOfei \ f 43S ■MA 1 If . ]the Chancellor s Speecf I on a prosecution for a JUh^Li ', , ... ^lii ia«fr.,t'i(j My LorclBj ^, .'i ;>^ii^?^^^ii)^%,^^t*|^v4w^t»?;- ■ ■ i VI 't - .'•■•>ir,:' ■ •■ ■- . ■ ■' ''' '.^^y'^ The liberty 6? tlie pi'ess is what t thirik ought to hi sacred to every Englishman, and, I dare answer for iti will ever be so to your lordships. But, my lords, though the liberty of the press is in every body's mouth, yet, I am afraid-, there is nothing less understood than the na- ture of that liberty. My lords, I have often desired aii opportunity of delivering to your lordships iny sentiments with regard to the liberty of the press ; and as that expression has been mentioned in this debate, I think I cantiot have a fairer opportunity of it than the present : but I hope your lordiships, beforehand, will acquit me of any affectation to appear singular upon this Occasion. I do assure yOu, my lords, I shall speak my sentiihents, and what occurs to me from the most mature reflection I am able to make upon the nature of our corlstitution and government. The liberty of the press, my lords, is by most people, I know^ taken for a liberty to publish every indecency of any kindi Against the most respectable persons, and the highest characters ; and so strongly does this notion pre- vail, that a libeller is no sooner pi'osecuted, than a cry is immediately set up^ that the liberty of the press is en- dangered. Butj my lords, give me leave t) say, that if the liberty of the press consists in defamation, it were much better we were without any such liberty. My no- tiouj my brds isj that the wordsj ' tiie liberty of the press,* are improperly used, to express a right, which is peculiar to the press, of publishing to the world any detamat^)ry ihatter to the prejudice of superior, inferipr, or ecj^tial. 436 lilt I.OilD ClIANCELLOft. [a. ft. 1)38, IVIy lords, the laws and constitution of England know of no sucli liberty; for tluit would be a liberty destructive of all laws, and all constitutions. How these words came to.prevail, was, niy lords, in my opinion, in this manner : before tlie art of printing was known in Europe, learning was confined to a very few. At that time, the tran- scribers and copiers of books were a very considerable body of men, and were under particular regulations by law. When printing was discovered, tjiese restrictions fell of course, and then every man was at liberty to com- municate, at an easy ex pence, his labours and thoughts upon any subject to the whole world. This, ipy lords, was found so very convenient, tliat tlience arose the words, * the liberty of the press.' That tl)is is the natural original of tliese words, my lords, will appear from considering the nature of our la^vs witij regard to dqf^matory libels before printing was discovered, compared with what it is now. My lords, befpre the discovery of printipg, very strong statutes were made against defamation, which very statutes are still in force j and no man, my lords, will shew me any one statute upon this head, tliat was in force before the discovery of printing, which has been since repealed. From this, my lords, I think it evident, that by the. expression, the liberty of the pre^s, can never be understood any liberty which the press acquired, and which was unknown before the discovery of printing* This, I hope, your lordships will find a fair and just way of I'easoning ; and, indeed, the only way in which we can reason on tliis subject. If any body, my lords, is of opinion, that authors acquired any new privileges or liber- ties when printing was discovered, he ought to prove, my lords, either that the old statutes on that subject were repealed, or that new ones were made in its favour ; which, I will venture to say, no man can do. It is true, my lords, that in some reigns, very great restraints have been laid upon tlie press, and very great severities have been inflicted on authors and printers, for publishing that which would now pass current. But this never proves A, D. 1/39.] THE LOltD CIIAJfCELLoR. ^' that fht! ta^v« rfclatitigtbdfefhmatioh werebk(i TaWs;"i! only proves that they AVei*e abtiscd by power. I am very sensible, my loi'ds, of hoW much use the press was at th^ time 6f the revohitioii ; but the authors \i-ho wTote at that timfe On the side Of liberty, advanced nothing that was not agreeable to the constitution ; they M'cre warrantect by law for wljat they wrote, and they had the sense of the nation oh their side. Resides, my lords, there is a: great difference betwixt an author's writing on a specu- lative subject, on which he thinks he has something to communicate that may be of service to the wor)(^, antf an author's falling foul on all mankind because they arC' not of his way of thinking. The authors on the side of tiie revolution, my lords, communicated their sentiriiiehtii with the greatest deference to the persons and chamcterd df their superiors, immixed with personal calumnies, oi virulent reftections. Therefore, my lords, it is a ground* less cry against the government, when a libeller is pm nished, to compare thtl conduct of this government to thai before the revolution, unless those gentlemen can prove^ to the satisfaction of a jury, that they write with as much caution, and with as much decency, as the writers who in the reign of kinji Charles II. and king James II. wrote on the principles of liberty. Having said thus much, my lords, I cannot help taking notice of another very common mistake, with regard to. the freedom which some gentlemen thin)i themselves en- titled to, in censuring the conduct of their superiors. JVIy lords, this is a freedom unknown to pur constitution, an^ subversive of our known statutes j, because a great part of our IfAVf are intended for the relief of any person who is injured by another. Any person, my lords, who is in-- jured by another, were this last the greatest subject in the kingdom, has the courts of justice open for his relief and he has a jury who will do him justice according to, the nature of his case, and then the law is satisfied. No, man, my lords, is at liberty, by our laws, to carry hi& resentment farther, because, if he car«ies it farther, he "Nil ,. V-.^ii^»W,fil»^ 438 THE DUKE OF ARGYLE. [a. D. 1740, carries it beyond law. From this, my lords, it is plain, that whoever attempts to attack any mans character, by ■writing or publishing detamatory libels, is guilty of a trespass, and can plead no mitigation of his crime, either from the nature of our constitution, or the tenor ot our laws. My lords, 1 am sensible this doctrine sounds odd, ^t a time of day when the people, under the notion of liberty, are quite intoxicated uith a spirit of licentiousr ness. But, I know, I speak in an assembly where no- thing is approved or condemned before it is thoroughly "weighed ; and the longer, my lords, your lordships weigl\ 'what 1 have advanced, I am convinced, your lordships will think it more reasonable. Ihe libel we ai'e now \ipon is of the rnore virulent quality, in that it was init possible any of the subjects of th? libel could give any just ground of provocation to the author. My lords, I do not bpiieve any of the noble lords attacked hy this jmpudcnt libeller, so much as know him by sight, tar less have had any manner ot opportunity to injure him. This, jny lords, is an aggravation of his offence ; such a be- haviour can proceed from nothing but a wantonness of inalice, and therefore, 1 tliink, deserves all the severity o( vyour lordships' censure,, |,;;jj_.:;g^i|^^r) .^^i^i ^uy'M^i^?*^:^ ^ •'■"'"■ ■'""■''•'"■•''' ^ ■'"••' ■'■■■'^^■^ ■'•' ; "■;-''^'-'-7tf*y# 'M' '^->%i-^ff?^##?if i.'. . 'H ht^jfi'itft! JOHN CAMPBELL, ^i^c^^vi^^^jNTtc ■-:t ^\ (Second Duke of ArgyUf). 't:finjK^?ii^i"-j' >Vas born l67l, and entered young into the army. He served under tbe duke of Marlbrirough : he also distinguished himself as a stajtesman, and was aij active promoter of the union, for which ho . incurred great odium among his qwn countryman. In 1712, he was appointed commander in chief in Scotland, and in 1715, he routed ,' the carl of Mar's army at Dumblain, and forced the pretender t.o quit the kingdom. Notwithstanding his eminent services to the state, 'he wae deprived of several high ofllces which he held, for his oppo-; sition to sir Robert \Vulpole. Ued.ied in 1743. There is a noble monument erected to his memory in Westminster Abbey. His speeches are characterized by a rough, plain, manly spirit of good gcnsc, and a zealous attachment to the welfare of his country. A, D. 1740.] THE T)\J lyt: OF AKCry IM..' 4'39 »(pf;The Duke of Ar gyle 8 Speech on the A(Idj'es.rJ\imji My lords, As I neither speak from pamphlets nor papers, 1 can- not precisely tell your lordships how long 1 shall trouble you on this occasion. It is an affair of as great import- ance, I will venture to say, as ever came before tl lis house. I have, my lords, employed a great deal of time in endeavouring to form a right judgment of it. I have examined it without prejudice; 1 have endeavoured to find something in it that may be justified; 1 have viewed it, my lords, m all the best lights it was capable of; but still, my lords, the more I consider, the more I view it, the more disgraceful, the more deformed, does this con- vention appear. I have known, my lords, I have read of measures of this kind, that were, indeed, generally disliked by the people, and were disadvantageous to the nation ; but still, my lords, the ministers who carried on and concluded such measures, had something to bay in their justification. The weakness of the nation, the conveniency of trade, the strength of our neighbours, or some consideration of that kind, was always pleaded as an excuse. And some- times, though a treaty was in the main disagreeable, or dishonourable to the nation, yet there were certain par- ticular clauses, .some advantages stipulated, Avhich, if they did not balance, served at least to excuse the rest. But, my lords, this convention is not only disagreeable to every body without doors, but it does not contain one article that can be wrested to have so much as a favourable aspect for this nation. To what, my lords, can this be owing? Is it owing to the weakness of the nation? Not at all ; this nation is not weak; she has strength suffici- ent to crush that power that crushes her. If she is poor, my lords, the government feels none of it; for our mi- nisters are as largely supplied with treasure as those ministers were, under whom this nation made the power that now insults us to tremble. Our troops, my lords, 4^qh THE DUKE OF ARGVtE. [[a, D. 1740. arc more numerous, better cloathed than tlVose troops were, who once conquered this insolent neighbour, and filled her throne with a monarch of our own making. I pee many lo^ds here, who, I am su^e, remertiber these glorious times; and if, my lords, at that time, any one iiad ventured to for^tel that this nation would soon be reduced to the necessity of negociating, for the space of eighteen or twenty years, to obtain such a treaty as this ^s, wds there a man in tlie whole nation tliat would have Ijelieved him? ' ^■fVMhm^m^ ^'^■^'•i*n'''^''^Hfi Have our ministry, my lords, aught to plead in favour of this measure, because it is for the convenience of trade? ^y lords, every body who understands what trade is, knows, that if this convention is approved of by parlia- ment, our trade must be irretrievably ruined. > t ' Can it be plea;ded, ujy lords, that our enemies are so etrong, that we ought in policy to yield a little to their humoufs? No, our enemies are weak — they are strong only in our fears. We, my lords, are masters of that clement whereon the cause must be decided ; and let all otir enemies, either professed or secret, nay, let all tlic neutral powers in Europe unite their naval force, we have a fleet now at sea that is able to beat theni all. Jkit, my lords, dp we behave as if we had any such superiority ? Have we so much as asserted tlie honour of the British flag? Have we not tamely given it up, given it up witliout the least reason, so far as appears to the world? What the reasons of our ministers may be, my lords, for this jbiisillanimity, I am entirely ignorant; and as I am igno- rant, I am innocent : for, my lords, though I am a y)rivy counsellor, I am as unacquainted with the secrets of the government as any private gentleman who hears me. I reniember, my lords, a very good saying of a noble \ord, who once sat in this house, it w as the late lord Pe- terborough. When he w^as asked by a friend, one day, his opinion of a certain measure; says my lord, in some surprize,^' This is the first time I evei* heard of it.' ' Im- possible (says the other,)-— why you are a privy coun- A. D. 1740.] THE DUKB OF ARGYlB. 441 scllor.' * So lam, (replies his lordslnp,) and there is a cabinet counsellor coniinjj up to us just now ; if you ttsk the same question of hiiri he'll p(;rluip8 hold his peace, and then you'll think he's ii^ the secret : but if lie opens onco his mouth about it, you'll find he knows as little of it as I do.' My lords, it is not being in . privy council, or in cabinet council ; one must be in tlio minister's council to know the true motives of our late proceedings. For my own ]iart, my lords, I can only jiuess at them, but 1 have disapproved of them these cij^hteen years ; I liave disapproved of them in public, in })rivate, and in all companies. Therefore, my lords, what I speak upon this occasion, I speak it as a citizen of the world, and not as a privy counsellor. I speak the lan- guage of an honest and unprejudiced heart, and what I can answer tor to my king, my country, and my Ciod. So far, my lords, as I can judge from the tenour of our late behaviour, our dread of France has been th'o spring of all our weak and ruinous measures. To this dread, my lords, we have sacrificed the most distinguish- ing honours of this nation. This dread of France, my lords, has changed every maxim of right government umonji us. There is no measure for the advantage of this nation that has been set on foot for these many years, to which she has not given a negative; there is no mea- sure so much to our detriment, into which she has not led us. Your lordships may remember, for it happened but a few years ago, that a French ship came into one of our harbours with all her sails up, and her pendants fly- ing; and an English officer, who was but a lieutenant 6f one of our men of war, fired at her to make her salute his majesty's ship. Your lordships, I am sure, have not forgot what was the conscfjuence : the lieutenant, for barely doing l^is duty, and vVhich if he had not done he must have been broke, was discharged the service. It is true, my lords, he was afterwards preferred, but not before we, in order to gratify that haughty court; had ^^ubmitted to the infamy of breaking him. '^•««*' l:'u*fiii^' 44a THE DUKE OF ARGYLE. [a. D. I74Q. ■ A.D.I Here, my lords, was an instance wherein Grcat-Bri» tain gave up the point of which siie always has been, and always ought to Ik; the most jealous — 1 mean the honour of her fla^: and not only bo, my lords, but punished a brave officer for doinpf his duty in our own harbour, lie, my lords, had no discretionary power, he acted in ab- sence of iiis captain, he acted by sea-rules ; and yet these rules were broken tinouiih in order to pacify that court. H'hy, my lords, .sliouUI our ministers shew so much complaisance to other nations, and bear so little afi'ection to our own } ^^ ?f 'iftv^v Hs^«h!l 1 1 ^-itflw > >'j}^: : But, my lords, it is not punctilio and form only, that we cive up to France ; I am afraid we sacrifice more sub- stantial points to please her. I am afraid my lords, the convention is a French measure. For I can never be persuaded tliat our fear of aught that can possibly hap- pen to us from Spain, could induce us to agree to tliis tiling, you call a convention. It is the interest of Franco, that our navigation and conmierce should be ruined ; wc are the only people in the world, whoni they have reason to be apprehensive of in America; and every advantage that Spain gains in point of conimerce, is gained for her. 'J'herefore, my lords, we are not at all to be surprized, if she takes great pains to bring about a measure of this kind. But, my lords, they looked upon their work us but half done, when this measure was concluded j it must be ratified too, in order to put the parliament un- der greater difficulties in censuring it. Accordingly, be- cause it seems the slowness of the Spaniards could not be brouglit to sign it time enough to get it ratified before the meeting of parliament, the session was put off for fourteen days. This brings his majesty's name and autliority into question; for they thought tiiat a great many might be dissatisfied witli a bad treaty concluded by the minister, who m ould put up with it, if conliruied by the king. But, my lords, the treaty was of tiie mi- nister's making ; and if ministers make bad treaties, they fhould answer for them. Our law 1ms most excellently (Bstablii The re ptitutie with t and it sons w laws, try. V A. D. 174Q. ■ A. D. 1740.] THE DUKEOF ARGYtE, 4^3 I C'reat-Brk « Ijeen, and I tlic honour punished a rbour. Jle, cted in ab- s; and yet pacify that fs shew so ar so httle 1 only, that i more sub- Hords, the n never be jsibfy hafv •ee to tJiis of France, jined; mc mve reason advantage ed for her. surprized, ire of this r work as chidedj it anient un- lingly, be- uld not be ed before It oft' for lanie and t a great :oncluded ronhrnied ' the mi- ties, they icellently established it as a maxim, That the kins can do no wrong, i he reason ot this, my lords, is plain ; because the con- stitution has provided a proper council, who shall advise with tlje king us to the executive part of governmont ; and it is, my lords, always to be supfKJsed, that the per sons vvlio compose that council, are well skilled in tho Jaws, the constitution, and the interests of their coun" try. Tlierelbre, my lords, if any wrong is done in the government, it is presumed to be done by those who ad- vised the king. It is true, the nature of our constitution re- quires that public actssnould bei.ssued out in his majosty'i name ; but, for all that, my lords, he is not the author of them. Therefore the publication of this treaty in iiis name ought not to indcumity the authors, or to make us swallow wliat we can never digest. Tile approbation of tliis treaty is brought in by way of an address of thanks to the crown, and is, it seems, no more than a compliment to his majesty, A compli- ment for what, my lords? For making this convention? His majesty did not make it, the ujinistry made it. This address, therefore, will tell the world that \\e return thanks to the minister for this convention, w liich gives up the security of our trade, and puts us in tlie povver of our natural and hereditary enemies. — Let who will approve of such a measure, 1 never will. \^^«k ttoit .Att8.ui?> . The noble lords who have spoken for this address, appear to have studied the point. It Is no easy matter for one, who speaks occasionally, to answer them. My lords, I don't trouble myself about little niceties and dis- tinctions ; about a right and the exercise of a right. Fc«" what end do we enjoy a right, if we cannot exercise it? Do we pretend to hinder the Spaniards from searching our ships, wiien found in their ports or harbours, which is tlie utmost they can claim by treaty ? My lords, \\ e don't. Do the Spaniards suffer us to exercise that oin* jpatural and undoubted right, of sailing unmolested on the open seas.'' No, my lords, they don't: so that the question is not about right, or the manner in which a right is ^erciscd, but betw\xt an unreasonable claun and an un- 444 ^fJ5 DUKE 01 ARCYEB. [a. I)» 1740. I A. D. 174< tlonbted privilege; betwixt an oppressive usurpation and u lawful title. 'J'here is, indeed, another part of the doctrine preached by the reverend prelate, ^vhich admits of a very wide diflerencc, though his lordship has been pleased entirely to suppress it ; and that is, the differ- ence betwixt a Visit and a search. Visiting a ship, my lords, is, when a ship of any force accosts a trading ship of another nation, and sends five or six persons at most in a lon^-boat, in order to visit lier ; that is to say, to en- quire whence she is come, whither bound, what she has on board, and how long she has been at sea. To all tliese the master must give explicit answers; and if the captain of the visiting ship still doubts, he may call for his ship's paprrs, and bills of lading ; but has no right to insist any further. If he does, my lords, he commits an act of piracy. A search, on the other hand, is a rummag- ing the cargo with an intention to confiscate ; and this^ my lords, is what no treaty betwixt Spain and us sub- jects our ships to. This, my lords, is what no nation in Europe will sufter from another, and we ought, leaj^t of all, especially from the Spaniards. It is shameful that we have suffered it so long. If w- e suffer our seamen to be insulted or interrupted, we give up the honour of the nation, we give up all that formerly gave us success, conquest, and glory. Pf]opie, my lords, talk of Crom^vell, that he was an usurper: I don't deny that ; but he still had many valua- ble qualities, and wanted nothing but a lawful title to have made him one of the greatest men that ever governed this nation. He, my lords, had one maxim from which he never deviated; and that was, never to suffer even the appearance of an insult upon this nation to pass unob- served. Notwithstanding, my lords, his disputed title to the government, a formidable opposition at home, and powerful alliances agahist him abroad, he kept up the dignity of tiie sovereignty, and carried the reputation of the British flacj to ..s great a heii2;ht as ever it has been car- ried. He, my lords, had to do with three powerful states, France, Holland, and Spain; each of them more poweiv ful than t| into any ill miiiipus t\ He told he would cecding, i^ for we dol as to sligh] him for a by sea or stroke. Spaniards diterranea seized upc value of 3 such a pro Cromwell at a great ture of th< conventioi his reside he gave tl make him he himsel mited, thi it, upon This blui knew wli not treat. Suppo: spirit, dt same eff( rit? We days of ( provocat that time ot' faith have pli! \^ A. D. 174©.] THE DUKfc OF ARGttE. 44J fill than they are now: but, my lords, he never cnterpd into any inglorious treaty, he neyejr SLi|?niittcd to any ignor niinious terms. ■ He told theni what he was resolved to have, and what he would do, if he had it not. This positive way of pro^ ceeding, my lords, effected all the nation could desire : for we don't find in history, that any power was so bold as to slight his menaces ; they knew him too well to take liim for a bully ; he never fitted out any armaments, either by sea or land, with, which he did not strike some decisive stroke. I will tell you my lords, one instanco : when the Spaniards, fitted out a fleet to conquer an isle in the Me,- diterranean, for want of provisions of their own, they seized upon corn tiiat belonged to a British subject, to thp value of 30,0001. On our consul's remonstrating against such a procedure, they clapped him in prison. What did Cromwell do upon tliis? Did he send plenipotentiaries, at a great expence to the nation, to examine into the na- ture of the complaints on both sides } Did he patch up a convention for regulating the grievance? No, he ordered his resident at that court to tell them in plain terms, thai he gave them so many days to consider, if they would make him satisfaction (upon the terms, my lords, which he himself prescribed), and if they did not in the time li- mited, that he would come with his squadron and demand it, upon their coasta, from the mouth of his cannon. This blunt speech had its desired effect •, the Spaniards knew whom they had Xo d,qa.l with ; therefo;;e they did not treat, but submit. '., - ' ,'* ^"^ ' Supposing, my lords, we had acted with the same spirit, do not your lordships think it would have had the same effect? And why did we not act with the same spi- rit? We are more powerful now, than we were in the days of Cromwell. The Spaniards are weaker, and our provocations are much greater now than they were at that time. What insults, what barbarities, what breaches of faith have not the Spaniards committed of late? They have plundered our merchants, they have destroyed our 44(5 "rirE DUKE 6i? ARfcirtE. [A. d. t74tl; I a. d. 1740 j_,. -tf -J ... 'ships, they have murdere(t our Sailors i ilay, what is more insufferable, they have chained, they have tortured our countrymch : a method of punishment this natioti has ever detested } a barbarity, ^v•hich even our \vOrst rnale- faetot^ are tVee from, by undergoing a punishment in all respeets more desirable ; that is, death itself. My lords, it xv'lll astonish posterity, that we have, suffered all these indignities, while we have a fleet able to defy not only Spain and FrancCi as I said bicfore, but all the nations in Europe. It is said, tny lords, that we hiely want other forces to tarry on tliis war to advantage. It fs very possible we toiay; but has the parliament ever yet refused to comply t\ ith arty demand of that kind, when land-forces were ne- cessary? t dare say, the parliament would allow 100,000 Incn, if there were occasion for thenii But the misfor- tune iSi my lords, that the nation, I am kfraid, will not be persuaded, even thougli these were raised, that we arc In earnest : people ^^■ill think that our land^army v ill 'continue as inactive as our fleets have hitherto been; and tliat our raising forces before we shew that we dare to do ourselves justice, wlil but expose the nation to greater inconveniencies, and enhance its expences. i^ist year^ a sti'oiig squadron wv." sent to the IVIediter- rancan, ulider the coujurahd of a gentleman, against vhbnt, I am siuT, nobody can have any exception. I JvhoW h'm to be a brave officer, ami that he has the interest cf his coutitrV niiich at heart. But, mV lords, of what use are all tiiese qualifications to the nation, if his guns are muzzled, if his hahds are bound up by his instructions from the ministry? What service have the ships under his cotnmand performed to his coimtry? What ends have the vast sums of money we have expended, served, if not to weaketi us while we are inactive; so that we shall not be able to furnish the necessary expences when we shall come to action? What plea then, my lords, can there be for not declaring war? Is it to -avoid the profusion of tiiOney? Money, my lords, we daily expend to extrava* • D. t74ft ■ A. D. 1740.] Tilt DUKE Or' AftGVLfe. 447 at is moi-e •tured ouf atioh has >i'«t rnale- lent in all My lords, all these not only nations in forces to ssible we comply were ne- 100,000 e misfor- will not It xve arc •my Mill ?en ; and dare to J greater Vleditcr- against tion. I interest af \vhat lis gun3 ructions ; under ds have i, ii not [lall not ^•e shall lere he sion of xtrava- gant ind useless purposes. Is it to avoid the profusion what terms they please ? Therefore, my lords, it is no wonder if all ranks, and all degrees of men turn their eyes upon your lordships at this important juncture. If, I say, they look on their all as being at f take, if they have expressed some impatience under the apprehensions of its being given up; I do not wc^ider at it. The reverend prelate said, that the advocates for the opposition had great ad- vantages over those for the ministry, by means of certain sounds and words. My lords, I am afraid there is some- thing in this case, more than bare sounds and words. I aui afraid the real things themselves are in danger, and 44s •Illi: DUKE 01'' ARGVLi;. [a. d. 1740. Uuit the liberties aiul int<)rests of tliis nutioii inujt suftor, it* your lordships jihould approvtj of this nieusurti. I\Iy , JurdH, I have formerly known the pcoi)lc fipiritcd up hy l^rtful, or hot-heuJed uru uguin.st the j«;uv(. rnuicnt, and I liiivo knovvi) them commit very great excesses; but, my lords, I always oh^icuved, that these excesses were coinujit|:eU by tlu; very dregs of the peoj)lc, who neitjair knew \vhat they w(ne about, nor what tiiey wanted. I observe a (juitc dilferent spirit at this time. The spirit of opposition that now prevails, my lords, is among your cool-h(Uided men, men of weight and interest in tlieir several stations, w ho pay largely tow ards the support of the government, and therefore think it a hartlship to suf- fer by any public measure. IMy lords, though I liad no manner of know ledge of the nature of this convention, though I were quite ignorant of all the transaetioi^s that prccedetl it, yet this very circumstance would determine me to suspect, if not oppose it. Whe^ I sec n^en of figure in their way, erying out against it, when I sec the greatest city in tiie kingdom petition against it, what should make thom such zealous opposers, but their beinid the reverend prelate who spoke so fully in her vin- dication, have not, I think, given us mi instance of a legal capture of one ship, among hW the numerous' instances complained of, even admitting that they have a rigiU to search in the manner the reverend ptelate ha? pleaded for. I must therefore confess, I vras very uiuch surprised to hear a noble lord ex[)lain the pream- ble to this treaty, in the manwer he did, as a proof of the willingness of the court of Spain to adjust all dif- ferences betwixt us and them, on an equal footing. Had we taken as many ships from the Spaniards, as they have done from us, 1 sliould have had n<;) objection to this preamble ; but, as it stands, it puts ^he two nations up- on an equality of losses, though one has been the con- stant aggressor, the other the perpetual sufferer. The other particulars of this convention have been already so fully spoken to, that 1 think it unnecessary VOL. I. ■ * ' G g .-^ ' J "f -' 459 TUB DUKE OF AUGYLE. [a.D. 174(). for me to u,dd any thing more on those heads ; but, my Jords, I cannot help taking notice of what happened just before the ratification of this convention, when we find the court of Spain prescribing to us, and our plenipo- tentiary obeying a Spanish minister, as he would have done a British one. The Spaniards, it seems, could not be brought to any terms till the sitting of parliament approached so near, that they were sure our ministry ■would give up every point of consequence, rather than not have a treaty of some kind or other to lay before parliament, when it met. My lords, delay in such an atfair as this, is equal to a point-blank refusal. Yet, we find, by the letters now upon your lordships' table, tliat, after a plan of acconunodation was drawn up by our ministers, and every thing looked upon as finished, the Spanish minister very rightly apprehended, that they who would grant so nmch, would grant more. Upon which, a new clauu is started, and they refuse to ratify what they before agreed to, till Mr. Keene had, as mi- nister of Great Britain, acknowledged a debt to be due, which, in that capacity, he had no power to. acknow- ledge i and, in the capacity of agent for the South-sea company, he ought absolutely to have disclaimed- My lords, this way of proceeding proves plainly, that he has scandalously betrayed the interests of that company, lie has sacrificed them to the injustice and exorbitancy of the court of Spain ; and put them upon the hard dilem- ma, either of paying a large sum on no pretence, or of being the bo of contention betwixt the two nations. ; But, my lords, that company has no greater reason to complain of her agent^ than the nation has of her v\}- nisters. Compare the dates of the consul of Cadiz's letters, with the time of near a humlrcd Englifthnien be- ing barbarously imprisoned and chained in that city, for no other reason but because they were Englishmen j and you will find, my lords, that these dates exactly agree! Th« inhumanity was taken notice of by all the world, except by that consul himself. He observes a profound A. D. 1740.] THE DUKE OF ARGYLEi 451 and silence on this head, though his letters wrote at tliat tirne are very full and explicit upon other points. My lords, what can we think of this behaviour? thlt a British consul should, with the greatest unconcern imaginable, see his countrymen daily labouring under confinement, chains, and insults ? does not this imply that the Spa- nish ministers and oui.'s understood one another ? Does it not imply some under-hand dealing, some secret col- lusion, ill order to avoid a war ? I confess, my lords, had I been a minister, I would not have given my advice to run precipitately into bloody measures ; but I would have endeavoured to have taken more prudent steps than what I am afraid have been followed. It is true, iny lore's, that a war, if it can be avoided with honour, especially with Spain, is not for the interest of this nation ; and that cautious proceed- ings are the best means of establishing his inajesty> and his royal family, on the tlirone of this kingdom. But^ my lords, though I am for caution, I am not for pusil- lanimity. That may bring the nation into contempt, and this nation never can be brought into contempt with- out weakning the royal authority. I know, that the fear of the pretender has a mighty influence with a great many, vho talk upon this subject. But, my lords, I am of opinion, that our going on in the same measures as we have done for some time past, will be playing the pre- tender's game for him. I am sure his majesty has the hearts of the people, and can command their hands too : but a perseverance in these measures w^ill divide us among ourselves ; and, my lords, if we are divided, we must be weaker, and give the enemies of the present esta- blishment a better chance of succeeding. For my own part, my lords, I believe nobody doubts of my zeal for the continuance of the crown upon his majesty's head, and his family ; I have formerly strenuously asserted the rights of this family ; and as I have done it on more than one occasion, it is the more unquestionable. But> my lords, it is net my duty alone tliat begets this attach- G 2 ^ 452 THE Dl/KE Of ARCVLE. [a. 1). 1740. tneht J my Inclination is as strong as my duty. The knowledge I have of his majesty's personal virtues, makes it the Imppiness and glory of every subject to serve liim. I know, timt he is as strongly attached to the interests of his subjects, as any prince who ever sat upon the throne. But, my lords, tlie best, the wisest, and most discerning princes, must sec many of their most import- nnt atfairs in the light their ministers represent them : if the ministers misrepresent them, they, my lords, and not the prince, are to blame. Had not his present ma- jesty been misled in this particular, sure I am, that he Would have vigorously asserted the rights and privileget) of his people, as the greatest of his predecessors evel- did; He, my lords, w ould have imitated the example of that great prince, king Edward III. to whom he may, in many other respects, be so justly compared And nov/ 1 have mentioned that great prince, I beg leav^ to suggest to your lordships, in what manner he would have behaved. The difficulties he had to struggle with from a weak administration in his minority, were very great. The kingdom, my lords, was then governed by a faction composed of a few favourites about the person of the queen-mother ; who chose to buy a scandalous peace of the Nortii Britons, a people, my lortls, tl>at ne- ver abounded over-much in riches, and who were very glad to finger a little of the ready money of this nation. What did the king do, my lords r Young as he w as, he had the million, the minister, who advised that scanda- lous peace, seized ; he had him tried, and hanged. Ix.t us consult history further, my lords ; let us consider the behaviour of king Edward IV. in an instance of a simi- lar nature. Did he bear w ith the injuries France offered to the nation ? No, he had recourse to arms ; and as his cause was just, his soldiers Mere victorious. The reign of queen Elizabeth, the most glorious perhaps in all the British annals, was always successful, because it was conducted by a wise and prudent adMiinistration. Sfee neither governed by affection, . nor by a minister ; A. D. 1740.] THE DUKE OF ARGYLE. 455 for though Burleigh was stiled prime minister, yet he' was only so in naine. He had indeed, a greater share of business, and greater fatigue, than any 6f tlw rest ; hut the affairs of tlie government were never left to him alone. Couimissarios were always appointed, ujxjn every urgent crisis of aifairs ; and tlie administration was composed of many, who, though they bore the uU most animosity against him in their private capacity, yet 5^11 united in the conunon cause; tliey laid aside all other considerations when the interests of their mistress were concerned, when the honour of the nation was at stake. They strenuously entered into warlike measures,- rather than suffer any insults j and as their cause was founded on equity, success attended their arms. To conclude, I entirely concur with tlie noble lord who first spoke against the address. If it be prdsentedj the event will he dangerous, the consequence fatal. Many other instances I might produce from history to justify my assertions j hut as I have already taken up too much of your time, I will only say — these sentiments proceed from an honest and impartial heart. :i'/^ Duke of Argylcs Speech on the Army, \ihnt . . ■ ■. 'J ' My Lords, As the present situation of our affairs may require an au'mientation of our forces, and as the success of our arms and the preservation of our liberties may equally depend upon the manner in which the new forces shall be raised, there is, in my opinion, no question more worthy the attention of this august assembly, than Avhat may be the most proper n:iethod of increasing our army. On this question, my lords, I shall offer my own sen- timents with greater confidence, as there are few men 454 THE DUKE OF ARGYLE. [a. D. 1740 who hav« had more op|X)rtunitics of being acquainted with it in its ^hole extent, ns I iiave spent great pjut of my life in the field and the camp. I commanded a, re- giment under king William, and have long been either the first, or almost the first man in the army. '* «-- I hope, my lords, it will be allowed without difficul- ty, that I have at least been educated in the best school of war, and that nothing but natural incapacity can have hindered me from making some useful observations upon the discipline and government of armies, and the ad- vantages and inconvenicncies of the various plans upon which other nations regulate their forces. '■-'■■"■ I have always maintained, my lords, that it is ne- cessary in the present state of the neighbouring coun- tries, to keep up a body of regular troops, that we may not be less able to defend ourselves, than oyr enemies to attack u3if''ii.'M-:> '"iv ,Jc^?tyf:.v; -!^ -^y. .^.;M■■ * It is well known, my lords, that states must secure themselves by different means, as they are threatened by dangers pf different kinds : policy must be oppos- ed by policy, and force by force ; our fleets must be in- creased when puv neighbours grow formidable by their naval power, and armies must be maintained at a time like this, in which every prince on the continent esti- mates his greatness by the number pf his troops. But an army, my lords, as it is to be admitted only for the security of the nation, is to be so regulated, that it may produce the end for which it is established ; that it may be useful without danger, and protect the people without oppressing them. To this purpose, my lords, it is indispensibly neces- sary, that the military subordination be inviolably pre- served, and that the discipline be indiscriminately exer- cised without any partial indulgence, or malicious seve- rities ; that every man be promoted according to his desert, and that military merit alone give any pretensions to military preferments. ^ •. To make the army yet more useful it ought to be un- A. n. 1740.] rUE DUKE OFARCYtE. ^c-: ja (ler tlie sole command of one man, exalted to the im- portant trust by his known skill, courajie, justice, and ridtility, and uncontroled in the administration of his province by any othci- authority ; a man enabled by his experience to distinguish the deserving, and invested with power to reward them, ■"j.//- j;^,}/^ J6».i|«^'f oi jjk , Thus, ' ly lords, ought an army to be regulated, to- which the defence of a nation is entrusted ; nor can any other scheme be formed which will not expose the pub- lic to dangers more formidable than revolutions or in-' vasions. And yet, my lords, how widely those wha have assumed the direction of affairs have deviated fi'oni this method, is well known. It is known equally to the highest and meanest otKcers, that those who have most opportunities of observing military merit, have no pow- er of rewarding it ; and therefore every man endeavours to obtain other reconmiendations than those of his su- periors in the army, and to distinguish himself by other services than attention to his duty, and obedience to his commanders. Our generals, my lords, arc only colonels with a higher title, without power, and without command ; they can neither make themselves loved nor feared in their troops, nor have either reward or punishment in their power. What discipline, my lords, can be established by men, whom those who sometimes act the farce of obedience, know to be only phantoms of authority, and to be restrained by an arbitrary minister from the ex- ercise of those commissions which they are invested with? And what is an army without discipline, subordination, and obedience? What, but a rabble of licentious va- grants, set free from the common resti'aints of decency, exem[)ted from the necessity of labour, betrayed by idleness to debauchery, and let loose to prey upon the people .? Such a herd can only awe the villages, and bluster in the streets ; but can never be able to oppose an enemy, or defend the nation by which they are sup ported. .,: /. ,, . /...I . .' v^ „> . %. w ^.>-^^.o. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 'is m 112.2 - U4 I Z VS. 2.0 1.8 L25 1114 ill 1.6 V] <^ ^;. c>^. ^>^ n> -c^ ^.^^ .=)> : .> ^-^? '^ om /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 A5$ THE DUKE OF ABGYXE. [a. D.. 1740, They may, indeed, form a camp upon some of the neighbouring heaths, or pass in review with tolerable regularity ; they may sometimes seize a smuggler, and sometinies assist a constable with vigour and success. But unhappy would be the people who had no other force to oppose against an army habituated to discipline, of which every one founds his hopes of honour and re- ward upon tiie approbation of the commander. That no man will labour to no purpose, or undergo the fatigue of military vigilance, without an adequate motive ; that no man will endeavour to learn superflu- ous duties, and neglect the easiest road to honour and to wealth, merely for the sake of encountering difficulr ties, is easily to be imagined. And therefore, my lords, it cannot be conceived, that any man in the army will very solicitously apply himself to the duties of his pro- fession, of which, when he has learned them, the most accurate practice will avail him nothing, and on which he must lose that time which might have been employed in gaining an interest in a borough, or in forming a^ alt liance with some orator in the senate. ■■;M-^-t^m*^^^ 'H^H^ For iiothing, my lords, is now considered but parliaT mentary interest, nor is any subordination desired but in tlie supreme council of the kingdom. For the esta- blishment of this new regulation the honours of every profession are prostituted, and every commission is be- come merely nominal. To gratify the leaders of the ministerial party, the most despicable triflers are exaltr ed to an authority, and those whose want of understand- ing excludes them from any other employment, are se- lected for military commissions. No sooner have they taken possession of their new command, and gratified, with some act of oppression, the wantonness of new authority, but they desert their charge with the formality of demanding a permission to be absent, which their commander dares not deny them. Thus, my lords, they leave the care of the troops, and |he study of the rules of war, • to those unhappy men A. p. 1740] THE DUKE OF ARGYLE. 457 who have no other claim to elevation than knowledgj^- and bravery ; and who, for want of relations in parliaf t ment, are condemned to linger out then* lives at theif ^ quarters, amuse themselves with recounting their action^ ; and sufferings in former wars, and with reading, in tfeuil papers of every post, the commissions which are bestow* ed on tlipse who never saw a battle. For this reason, my lords, preferments in tlie army, instead of being considered as proofs of merit, are looked on only as badges of dependence ; nor can any thing be inferred from the promotion of an officer, but that he is,/ in some degree or other, allied to some member of par-, }i9,ment, or the leading Voters of a borough. ^fter this manner, my lords, has the army been mor delled, and on these principles has it subsisted tor the last and the present reign : neither myself, nor any other general officer, have been consulted in the distribution of commands, or *ny part of military regulations. Our armies have known no other power than that of the se-^ cretary of war, who directs all their motions, and fills up every vacancy ^vithout opposition, and wittiout apr peal. But never, my lords, was his power more conspicuous than in raising the leyies of last year ; never was any auT thority more despotically exerted, or more tamely sub- mitted to ; never did any man more wantonly sport with his command, or more capriciously dispose of posts and preferments ; never did any tyrant appear to set censure more openly at defiance, treat murmurs and remon- strances with greater contempt, or with more confidence ai)d security distribute posts among his slaves, without any other reason of preference, tb^n his own uncontrola- bie pleasure. And surely no man, my lords, could have made choice pf such wretches for mUitary commands, but to shew,; that nothing but his own private inclinations should inT fluence his conduct, and that be considered hiinselfas supjremie ojid unaccountable. For we have seen, niy t¥e duke of' XrgyI'B." [a.'d.'17"40*. lords, tlie same animals to-day cringing behind a codn- ter, and to-morrow swelling in a mijitary dress ; we have seen boys sent from school in despair of improvement, and entrusted with military command ; fools that cannot learn their duty, and cliildren that cannot perform it, have been indiscriminately promoted ; the dross of the nation has been swept together to compose our new forces, and every man who was too stupid or infamous to learn or carry on a trade, has been placed, by this great disposer of honours, above the necessity of application, or the reach of censure. i. - ^^/».-.;i Did, not sometimes indignation, and' sometimes ]ii»ity, check the sallies of mirth, it would not be a disagreeable entertainment, my lords, to observe, in the park, the various appearances of these raw commanders, when they are exposing their new scarlet to view, and strut- ting with the first raptures of sudden elevation ; to see the mechanic new modelling his mienf and the stripling tottering beneath the \veight of his cockade ; or to hear the conversation of these new adventurers, and the in- sti'uctive dialogues of school-boys and shop-keepers. I take this opportunity, my lords, of clearing myself from any suspicion of having contributed, by my advice, to this stupendous collection. I only once interposed with the recommendation of a young gentleman M-ho had learned his profession in two campaigns among the Russians ; and whom, yet neither his own desert, nor my patronage, could advance to a commission. And I believe, my lords, all the other general-officers were equally nnconsulted, and would, if their advice had been asked, equally h^ve disapproved the measures that have been pursued, But thus, my lords, were our new regiments complet- ed ; in which, of two hundred and fifty officers who have subsisted upon half pay, only' thirty-six have been promot- ed, though surely they might have pleaded a juster claim to employment, who had learned their profes- sion in the service of' their country, and had long lafl-^ -V \ ~ A. D, 1740.] THE DUKE OF AROYLE, 4S» guished in penury, than those -who had neither know-, ledge, nor capacity, who had neither acted, nor suftered, any tiling ; and who might have been destined to the hammer, or the plough, without any disreputation to their families, or disappouitment to themselves. I have l)ecn told indeed, my lords, that to soine of these officers conimissions were otiered, wliich they re- fused ; and for this refusal every reason is alledged but the true ; some, indeed, excused themselves as disabled by age, and infirmities, from miUtary service ; nor can any objection be made to so just a plea. For how could those be refused in their age the comforts of ease and re- pose, who have served their country witli their youtli and vigour ? ' ! vn,, 'r ,-,,,, .w^. Others there are, my lords, who refused commissions upon motives very different; in which, nevertheless, some justice cannot be denied. They who had long studied, and long practised their profession ; they, who had tried their courage in the breach, and given proofs of their skill in the face of the enemy, refused to obey the command of novices, of trade jmen, and of school- boys ; they imagined, my lords, tiat tliey ought to govern those whom they should be obliged to instruct ; and to lead those troops, whom they must range in or- der. But they had forgot they had out-lived tlie time when a soldier was formed by study and experience, and had not heard, in their retreats, that a colonel or a captain was now formed in a day; and tlierefore, when they saw and heard their new commanders, they retired back to their half-pay witli surprise and in- dignation. But, my lordls, the follies of last year cannot be easily rectified, and are only now to be exposed, that they may not be repeated If we are now to make new levies, and increase the number of our land-forces, it is, in my opinion, incumbent upon us to consider by what methods we may best augment our troops, and how we may be able to resist our foreign enemies, \n itlH 4GQ THE DUKE OF AROYLE. [a. D. 1740, out expo«ing the nation to intestine miseries, and leav- ing our liberties at the mercy of the court. There are, my lords, two methods of increasiiig our forces; tiie first is, that of raising new regiments; the other, of addujg new men to those which already subi sist. By raising new regiments, my lords, wc shall only gratify the minister with the distribution of new com- missions, and the establishment of new dependence ; we shall enlarge the influence of the court, and increase the charge of the nation, which is already loaded with too many taxes to support any unnecessary expencc. By the other method, of adding a hundred men to every conjpany, we shall not only save the pay of the officers, which is no slight consideration, but what seems (if the reports raised by the ministry of our pre- sent danger be true,) of far more importance — shall form the new forces with more expedition into regular troops : for, by. distributing them among those who are already instructed in their duty, we shall give them an oppor- tunity of hourly improvement ; every man's comrade will be his master, and every one will be ambitious of forming hjmself by the example of those who have been in the army longer than themselves. If it be objected, my lords, that the number of officers will not then bear a just proportion to that of the soldiers, it may be answered, that the foreign troops of the great- est reputation have no greater number of officers, as every one must know who is acquainted with the con- stitution of the most formidable armies of Europe. Those of the king of Prussia, or of the various nations by which we were assisted in the late w-ar, either as con- federates or mercenaries, have hut few officers. And I very well remember, my lords, that whenever they were joined by parties of our own nation, the inequality in the number of the officers produced contests and disputes. The only troops in Europe, my lords, that swaiw A.D. 1740.J tMfe i)tJKB 6lf AftGtLfi* 4^i M'ith officefs, arc those of France ; but even thefee have iewer olficers, in pioportion to their private men, in time of war ; for when they disband any part of their forces, they do not, like us, reduce tiieir officers to half- pay, but add' them to the regiments not reduced, thdt the families of their nobility may not be burthened with needy dependants, and that they may never want officers for new levies, There are many reasons, my lords, that make this practice in f'rance more reasonable than it \yould be in our kingdom. It is the chief view of their governors to continue absolute, and therefore their constant endea- vour is to keep great numbers in dependence. It ought to be our care to hinder the increase of the influence of the court, and to obstruct all measures that may ex- tend the authority of the ministry ; and therefore Chos« measures are to be pursued, by which independence and hberty will be most supported. *• ; - • ■;,7;''' It is likewise to be remembered, tti^ \ot&^, tftkt a French officer is supported with pay not much larger than tiiat of a private soldier among us ; and that there- tore the argument which arises from the necessity of frugality, is not of the same force in both nations. '^ There is yet another reason why the French arc utl- der the necessity of employing more officers tlian any otlier nation : the strength of their armies consists Ifl their gentlemen, who cannot be expected to serve witii- out some command : the common soldiers of the Ffemh army are a mean, spiritless, despicable herd, fit only to drudge as pioneers, to raise entrenchments, and to dig mines ; but without courage to face an enemy, ot to proceed tvith vigour in the face of danger. Tlieir gentlemen, my lords, are of a very different character ; jealous of theii' honour, and Conscious of their birtli, eager of distinction, and ambitious of pre^ ferment They have commonly their education in the army, and have no expectations of acquiring fortunes equal to thtir desires by any other profession, and are 4G2 THE DUKE OF ARGYLE. [a. D. 1740, H ^\^' V^^ therefore intent upon the improvement of every oppor- tunity which is offered them of increasing their know- ledge and exalting their reputation. To the spirit of tlicsc meui, my lords, are the French armies indehted for all tlieir victories, and to them is tu be attributed the present perfection of tiic art of war. They have the vitrilunce and perseverance of Romans, joined with the natural vivacity and expedition of their own nation. )jd>'viiiyitt'lnmhrn:varity be- er classes that na- Jt in ours intrepidi- Dfticer ill lessity of Dw coni- )us, and rliament itli new ^verance dination :vies, or ir stand- ivention been for le assis- ipt that lad ob- settled had re- )hly ex- dlets of gard to 2 to his friends, tliat I know of but one member of the otlier house tliat has b(;en hazarded in this expedition ; and lie a hopeless, abandoned patriot, insensible of the ' capacity or integrity of our ministry, and whom nothing has been able to reconcile to our late measures. He, therefore, who has never exerted himself in defence of the ministry, was in his turn thought unworthy of minis- terial protection, and was given up to the chance of war without reluctance. JBut I hope your lordships will Qoncur with me in the opinion, tliat it is not always necessary to gratify the ministry, but that our country claims some part of our regard ; and therefore, tliat in establishing our army we should pursue that method which may be most accommodated to our constitution, and instead of imitfiting the military policy of the French, follow the example of those nations by whose troops they have been conquered. Had this scheme been hitherto followed, had otir new levies, instead of being pt under th,c command of boys, been distributed in just proportions among the standing regiments, where ti;ey might soon have been qualified for service by ihe inspection of experienced officers, we might now have seen an army capable of awing the court of Spain into submission, or, if our demands had been still retused, of revenging our injuries, ai^d puni^ij.- ing those who had insulted and despised us.l .' .' r '! : *. From an army thus raised and disciplined, detach- ments, my lords, ought to have been sent on board of all our fleets, ami particularly that which is now sta- tioned in the Mediterranean, which would not then have coasted about from one port to another, witliout hurting or frighting the enemy, but naight by sudden descents have spread terror thro' a great part of the kingdom, harassed their troops by continual marches, and by fre- quent incursions have plundered all the maritime pro- vinces, driven the inhabitants into the inland country, and laid the villages in ashes. 464 ••^ttttE ot ARGtLE. •"■ fx. i). t7'4(t. I A, D. 17 ; There is yet, my lords, no appcararice of a peace ; for biir success has not cnnblcd us to prescribe terms, atul I hope we are not yet fallen so low as to receive them. It is therefore proper to form such resolutions as may influence the conduct of the war, and enable us to re- trieve the errors of our past measures. The minister, my lords, is not without panegyrists, tfho rfiity perhaps endeavour to persuade us, that we ought to resign ail our understandings to his superior wisrfoin, and blindly trust our fortunes and our liberties to his unshaken integrity. They will, rn proof of his abilities, pro(5uce the wonderful dexterity and penetra- tion v^'hicli the late rtegociations have discovered, and ivill confirm the reputation of his integrity by the con- stant paii'simbny of all his schemes, and the unwilling- ness with which he, at any time, increases the expences of the nation. But, my lords, it is the ^rcatduty qf your high sta- tion to watch over the administration, and to warn those who are mo¥e immediately entrusted xvith the public affairs, against measures M-hich may endanger the safe- ty or happiness of the nation ; and therefore, if I have proved to your lordships, that to raise new regiments is dangerous to our liberties ; that a multitude of officers i^ of no use in war ; and that an anny may be more expe- ditiously disciplined by addinn; new men to evei-y com- pany, I hope your lordships will agree to this resolution, which I have drawn up with the greatest brevity, and of tv'hich the meaning cartnot be mistaken : That the augmenting the army by raising regiments, jis it is the most upnecessary and most expensive method of augmentation, is also the most dangerous to the li- berti^ of the nation^ '^'^•^:^'^«. -;tf v'^'-*^^ ,it«^M^:^«'i''. HO Th« follo\ inapplici vxukCi a of Eurof Utterly might forward versal often coi sign, am which h torn, an noEuvres, orators t lity, thi and beni Sir, As ourc us to reti to his sp &iun, aild morial ci you any l motion 1 so critica dered, ev dinary, a quences, out takin I shall b sentimen lately giv wisdom s In on uw the d VOL. 1 ,;{M' A. D. 1743;] HON. EDWARD COKtJ 465 HONOURABLE EDWARD COKE. Thfl fdllowihg speech coiltains some reflections that are not inappHcubie to the present times. It is curious to observe hovr (fxuct a picture the author has exhibited of the prtseui state of Europe, how literally his fears have been verilicd, and yet how Utterly unfounded and chimerical they were at tbe time. One might be tempted to suppose, in reading the dreams of these forward and self-pleasing prognostiratore, that the scheme of uni- versal empire, with wliich the rulers of France have been so often complimented, hud familiarized Iier imagination to the de- sign, and engendercid those high thoughts of ambition and vanity which have at length rendered her power, not a glittering phan- ^ tom, an idle bugbear, a handle for crooked poliry, for low mar noeuvres, and petty, vexatious, endless hostility, the play-thing of orators and statesmen, but a tremendous and overwhehning rea- lity, that like a vast incubus overlays tb(i continent of Europe, and benumbs its lethargic energies. ■ Ci. Sir, His Speech on the Address. As our duty to our sovereign makes it necessary for us to return some sort of address by way of answer to his speecli from tlie throne, at the opening of a ses- sion, arid as this practice has been established by imme- morial custom, I should not think it necessary to give you any trouble, or to say any thing in support of the motion 1 am to make ; but the present conjuncture is so critical, and the services his majesty has lately ren- dered, even at the risk of his sacred life, are so extraor- dinary, and have been attended witli such happy conse- quences, that I cannot rise up, upon ttiis occasion, with- out taking particular notice of them ; therefore I hope I shall be excused, if I introduce my motion with my sentiments upon that surprising turn which has been lately given to the aifairs of Europe, by his majesty's wisdom and conduct. In order to do this, sir, I must begin with observ- iui:^ the dismal prospect we bad of the afFaks gf. Europe VOL. I. If h 466 HON. J-DWAUD COKK. [a. u. 174;^. fthont riffhlccii or nineteen niontlis ago. I think tiicro is no maxim in politicfi more certain tlmntljis-thatit is ineonsi'stent with tiie hbeitics ot" Europe, to ullow I'Vuiu'i^ -to increufec iier own pov\cr, or to divide tiu; power of Kurope into so niony hianchus as to nuikr it impossible for any one pritiec or state to think ot'op[)osing her in any ot" her ambitious schemes; for it is very certain, that, as soon as the tliougiits of opposition end, tliose of ^.lependencc hi^^^n ; and consc(|nently, if France could once effect this purpose, all the princes and states of Europe would become dependent upon her, and most of tliem would, at all tj' cs, think of preser\ing tlieir insi^- nitieant »hadow of sovereignty, only by being obedient to her commands, and assisting her against those who should bnwclydtire to rebel. We should then be in the same circunistanccs Europe, or, I may say, tlie world was, when the grandeur of the l{omans was at its greatest height. Some of the princes luui states of Europe might be diijijuilied with tiie deceitful title of Sdcii (ialljci iDiiwri'i ; but if ever any of them should dare to behave otlierwise than as tiie most abject slaves, even that empty title they would be stripped of, and their territory would be converted into a province of the French empire. Our royal family, like that of ^facedon, might, for some time, be letl in possession of their throne ; but if any one of our future princes should endea\our to sliake olf' his dcj)cndency, a powerful in- vasion would be the certain eonse(iuence ; Jind if France ■were sole mistress of the continent of Europe, or had it entirely at lierconnnand, our natural barrier would prove ineffectual: .slie would then come up against us with such a power as we could not oppose, cither by sea or land ; our royal family w ould be cut ofT; our noble and great families w ould be all carried captives into France ; and Britain would, from thenceforth, be di\ided, and "governed by French intendnnts or lieutenants, as Ma- cedonia was by Koman pra'toVs or proconsuls. This consequence was fbrescxin, sir: tliis consc- ' \unco ail Euio})e waii sensible of in the last tige : I wish arnnes a; At t)* tf43.\ HON. FDWARB COKE; m I could say tJie same of the present; but,' by what fata- hty 1 know not, the |)rcspnt a^v seemed, u tew months tigo, to be sti'iick witii sucii a bhridnels as prevented their seeing this danger, though it was never more appa^ rent. !!Jeveral of the princes of Europe, governed by a private seltisli interest, luid actually joinetl with Fraiice in pulling down tli( house of Austria, though that was the only power, u|)on tlie continent of Europe, tliat could, by itgelf, pretend to limit or set bounds to the ambitious views of France. By this means the queon of Hungary wiis environed with such numerous hostile armies as it was impossible for her to resist for any long time, and the confederacy against hei was so powerful, that no counter-confederacy equal to it could be formed. This, I shall grant, was in some measum owing to her own unseasonable obstinacy, as well as to the seliisb views of some of her enemies; for, however unjust she might think their pretensions, in conmion prudence she should, upon the death of her father, have yielded to those that were the most moderate, in order to enable her to resist those who were so inunodcratc as to aim at the total overthrow of her house. This, sir, was, fironi the beginning of the present troubles, his majesty's advice to her ; but tliis prudent advice she would not, for a long time, give tlie least car to} and this not only united her enemies amongst them- selves, but increased the views and demands of each; ^\hich reduced his majesty to the fatal necessity of wait- ing till her obstinacy should be softened, and the eyes of some of her enemies opened, by time and future ac- cidents. This he was obliged to do before he could o))enly declare in her favour, or assist her in any other shape than by granting her sums of money; but this he did witli a steady design to take advantage of every acci- dent that might happen; and the behaviour of the French in Germany, especially about the time of the battle o^ Crotzka, was such as furnished • him with an opportii- , .. Hh 2 ., , y ,■< .; ^.*' •mf 4()8 HOfV. EDWARD COKl. ifAl D. 174SI. nity, which he wisely took care to lay hold of, and to make tiie best use of it he could ; whereby h^ prevailed upon both the kings of Prussia and Poland to withdraw themselveg from the French alliance, and to make peace with the queen of Hungary, upon terms which (her ol> stinacy being now overcome by time and mature consi- deration) he readily agreed to. ■* By this prudent conduct of his majesty, it became now possible to form such a'confederacy in Europe ts might, with some hopes of success, endeavour to oppose the ambitious designs of France ; and to give courage to ;tlie other powers of Europe to enter into such a confe- ;deracy, he resolved to send a body of his British troops to Flanders, in order to have a numerous army formed there, which, before the end of tlie campaign, raised 5uch terrors in France as prevented their sending suffi- cient reinforcements to their troops already in Germany, and likewise prevented their joining the Spaniards with auch armies as might have overwhelmed the king of Sar- dinia, or compelled him to desert the alliance he had •before, by his majesty's interposition, entered into ^vith the queen of Hungary. At the same time, proper or- ders "itere given to his majesty's admirals in the Medi- terranean to prevent tiie Spaniards from sending any reinforcements or provisions by sea to their army in Italy, and our .squadron there Mas reinforced and in- structed so as to enable it to execute those orders, vftgainst whosoever should dure to abet the Spemiards in any such attempt. w,iiu»'ii^i By these means, sir, the queen of Hungary was, before the end of the campaign, restored to the posses- sion of Bohemia, Westphalia ^as freed from the burden and terror of a French army, and the Spaniards were, •during the wiiole campaign, defeated in every attempt they made against Italy: but there were two things itill remaining to be done; Mhich vsere, to drive the -French entirely out of (jcnuany, and to establish, upon a more solid basis,, the aliiauce of the king of Sardinia, A. D. 174" .] HON. EDWARD COKE. I 469' in order to drive the Spaniards entirely out of Italy ; for which purpose, it was requisite to obtain the hearty con-[. Ciirrence of the Dutch. These things were to be the work of the next campaign, and therefore, as early £^s the season would permit, the army which had been' formed in Flanders marche'd into Germgn^, and his, majesty not only joined it with a considerable body of: his electoral troops, but went in person to command the; army ; and, by his valour and conduct chiefly, the glo- rious victory at Dcttingen was obtained, which com-* pelled the French to evacuate Germany, and not only" • put the queen of Hungary in possession of all Bavaria, but opened a free passage for her armies to the Rhine ; ! so that France, from being the invader of the dominions of others, had now enough to do to defend her o\yn. Whilst his majesty was thus triumphing over tfie^ arms of f ranee in the. field, he equally triuihphed over her counsels in the cabinet ; for, notwithstanding the " utmost efforts of France to the contrary, he prevailied' with the Dutch to send a body of i!!0,000 men to th6 assistance of the queen of Hungary, and a definitive treaty of alliance was concluded at Worms, betiveen his ' majesty, the queen of Hungary, and the king of Sardi- nia, by which the alliance and assistance of tliat prince was established uptm a firm basis; and experience has already «hevvn the great use it may be of to us, in de- ' fcating the designs of our enemies the Spaniards, in Italy, which will convince that haughty nation of its being necessary for them to cultivate a good correspondence .Avith Great Britain, if they have a mind to be quiet in their own possessions, or to disturb the possessions of any of their neighbours. These great and unexpected eyents, sir, have been all brought about by the wisdom and vigour of his ma- ' jesty's counsels ; and therefore we cannot in gratitude omit taking notice of tliem upon this occasion. I was " yery sensible that there were many gentlemen in tliis'^ hwse, who could have set thenj in ai clearer light, and ^' f 470 HON. EDWARD COKE. [a. D. 1743, '"X. recommended them to your consideration with greater C'lergy, than I can; but I knew your affection and duty to your sovereign, and the histre of those events was in itself so refulgent, tliat I thought it required no high degree of eloquence to excite your grateful acknowledg- ments ; therefore I ventured to undertake the task, and hope I shall be forgiven my arrogating to myself the honour ^f moving for its being resolved, " That an humble address be presented to his majesty, to return his majesty the thanks of this house for his most gra- cious speech from the throne ; to congratulate his majesty upon his safe and happy return to this kingdom, after the dangers to which his sacred person has been exposed, jn defence of the common cause, and of the liberties of i^uropej to acknowledge his majesty's regard and atten- tion to the advice of his parliament, in exerting his en-^ deavours for the preservation of the house of Austria i to congratulate his majesty on the success of his arms, in the prosecution of this great and necessary work, with so much glory to his majesty and honour to this nation ; to assure his majesty, that nothing could be more Mel- come to his faithful commons, than to hear that he was joined by a body of the troops of the States Genei'al, whose , interests and those of this country are insepara- ble; to declare our satisfaction in his m^jesty'& having concluded a definitive treaty between his majesty, the queen of Hungary, and tlie king of Sardinia ; which air liance must naturally contribute to the advantage of the common cause, and to tlie disappointing and distressing the crown of Spain, with which this nation is engaged in so just and necessary a war ; to assure his majesty that we will, with the greatest zeul, unanimity, and disr patch, grant to his majesty such effectual supplies as shall [ye found requisite for tlie honour and security of this nation, and as may enable his majesty to concert such alliances, and pursue witli vigour such measures, as may be necessai-y for re-establishing the public tranquillity, and procuring a sate?and honourable peace. xliy. 1744.] RiTchbhT.ri^it!r^tttr^, , " ^ ;iu itSIR Dl/DLEY RYDEft. i nticiJk To thoae who have to wude thioDgh the crude, undigeattiU tiHisa uf the records of |iarliaincnt, there is »uch a tedious monotony, sucl^ u dreary vacuity of thought, such an eternal self-cointilacent vt- petitton of the same, worn-out topics, which sewn to descend lik« an inheritance from one gcnoration to miother, tb&t it is some rcUof to escape now and then from the dull jargou of political controversy. I have given the following speech, though it is 8u(lici(.:ntly dry and uninteresting in itsidf, because it a little varies the prospect, and contains something that looks like ingenuity - 4a(lar|juni«nt. TJisSpeech on the Pretender's Sons Bill. X Sir, --■■ - ■■■-■■ r-. •.../;■.■ . ^ : •..!,;.'••.!? Though tiic bill now before us went through thU house with great unanimity, yet as the amendments made to it by the other house, are not only impiortant, but, I think, absolutely necessary, I shall beg leave to explain them a little; and when they are explained, I hope they will meet with a ready concurrence from this house. The first material amendment, I mean that for attainting th€ two sons of the pretender, in case they should land, or attempt to land in Great I3ritain, or any of the dominions thereunto belonging, can stand in no need of any long explanation, or many arguments for procuring your approbation. If they, or either of them, attempt to land in any of his majesty's IWtish domi- nions, we can make no doubt of the design they will have in view : we must be convinced, that it will be with a design to raise or countenance a rebellion against his majesty's government, and therefore, every gentleman must see the necessity of declaring tlicm guilty of high treason, in case they make any such attempt. I shall tliercfore, sir, say nothing farther upon this head; but the other amendments, by -which the •* '" 472 SIR DVDI^IY RYDER, [a, D. 1744. effect of one of the clauses in the act of the 7th of queen Anne is to be suspended during the lives of the pre- tenders two sons, will require some more elucidation, not because it is in itself obscure or difficult to be un' derstood, but because of the deceitful lights it has been thrown into, and the clamour that has been thereby raised against it. To my great surprize, sir, this amend- ment has been represented as inconsistent with religion, inconsistent with natural justice, inconsistent with our laws, and inconsistent with the freedom of our consti- tution. These are such heavy charges, that I think my-^ self obliged in duty to the crown, in duty to this house, and in duty to myself, as I am to propose agreeing with the other house in this amendment as well as the rest ; I say, sir, upon all these accounts I think myself obliged to shew, that every one of these charges is false, and that what is now proposed, is not only agreeable to re- ligion, natural justice, and our laws, ancient and mo* dern, but absolutely necessary for preserving the free-, dom of our constitution. In order to do this, if I dip a little farther into the writings of learned men, and fa-r mous lawyers, than is usual in debates here, I hope the necessity I am under will excuse the liberty I take; but l)efore I begin, I must observe, that by tliis amendment it is not proposed to repeal the law of the 7th of queen Anne, with regard to forfeitures for treason, but qnly to suspend the effect of that law for a period, which may, perhaps, be of longer duration than the period for which it stands now suspended ; and therefore, if I can shew that there is nothing irreligious, unjust, or inconsistent with our laws or liberties, in those forfeitures, were they to be made perpetual, I hope it will operate more strongly in favour pf tlie amendn^ent now under our consideration. All that can be said, sir, against forfeitures for trea- son, must proceed from mistaking or misrepresenting tlic nature of punishments, and the ends for which they have been inti'oduced into human societies, Punishment k A . Dv 1 744.] Slii,,I>U D L EY ^ I^X^^JV^ •II said to be malum pasmnls, quod hifligitur ob malum act mils ; aiid tlierefore," in its own nature, it must be-, confined to tlie person of the criminal; for wlioever pre-» f tends to inflict a punishment upon an innoceiU person,-' cannot propferly be said to punish: on tlie contrary, iio-t deserves to be punished, because in so doing he commit*} a crime, or a malum actlonin ; and for tliat reason oughb, to have a malum passioiiis inflicted upon him. How- ever, there are many misfortunes, inconveniencics, and losses, wliich innocent men are subjected to by the^. nature of things, and may be exposed to by tlie laws ^ of society, for the preservation or welfare of the society, .^^ As there are many diseases that descend from parents r to children, it is a misfortune for a child to be born ot* parents afflicted with such diseases : it is a misfortune for., a child to be born of parents that are poor and indigent \\ but these misfortunes are not to be called punishments, because they. ai*e, by the nature of things, inflicted upon innocent perspns. There are others, as I have said,> which innocent men may be exposed to by tJie laivs of spciety : such were tiie confinements which leprous or unclean persons were exposed to by the Jewish law ; and such are those confinements which people are subjected to by our Jaw, who are infected, or under suspicion of being infected with the plague : such, likewise, are the jnistbrtunes which attend children who are bora of slaves, in countries where slavery is established: such were the incapacities of children born of plebeip-ns, in the ancient Roman commonwealth, who could not intermarry with the patricians, nor be advanced to any of the chief posts in the government : and such are the misfortunes attend- ing children born in this country, of parents ^^ho happen to be convicted of treason ; because by their attainder tliey are divested of every thing that belonged to them, and therefore the children are in the same state as if tliey had been born of poor and indigent parents. But none pf these misfortunes can be said to be punishments, nor were ever called so by those who understand any thing ofthc laws of nature or nations. •,, . • 't 474 SIR DUDLKY RYDF.n. [a.D. 1744. "Both the lonrncd Orotius, and the IrarnffrPnttcn- dorf, arc elf ar upon this suhjcrt. The forinrr, in treat- ing of u'hnt he culls the conuniinication of punishments, in order to shew that an innocent iniui ought not to he made to suffer for the crime of the guilty, distinguishes between that damage or loss which a man may suffer directly, and that \^•hirh he may suff'er consequentially. A man suffers directly, he says, when any thing is taken away from him, which properly belonged to him ; and he suffers consequentially, when he loses u hat he has a conditional right to, by tlie failure of the condition upon which he was to have it: and forfeitiuTs he expressly mentions as a damage or loss of this last sort ; because children have but a conditional right to their father's estate, that is, provided the father dies possessed of it. I'or this reason, that learned gentleman says, that for- feitui'e is no punishment upon the children, but only a damage which they suffer, not directly, but consequen- tially, by the crime of the father, which prevented the existing of that condition upon which they were to have had his estate ; and atlcr having thus distinguished, he concludes, that no man who is perfectly innocent can be punished for the crime of any other man. ' The learned Puftendorf, again, treats this subject in the same manner, and almost in the very same words. He distinguishes between a damage suffered directly and consequentially : " The first is, (says he,) when a man is deprived of that he has already a proper right to ; The second, when that condition is intercepted, with- out which he could not enjoy such a right. Thus, when the estate the parents were possessed of is for- feited, the children also feel the loss of it : but, how- ever, this is not a punishment properly, with respect to the chikircn, because they cannot corns to the in- Iieritancc of their lather's estate, unless the father pre- serves it for them till he dies; and therefore, the con- fiscation or forfeiture only intercepts the condition, without which, the children can have no right to the father's estate." • . , .- . A.D, 1744.]. «ttt DUDLEY RVDKtt. 47i^ n To tliQ opinion of tlicse two Icnrned modor^is, sir, I nhHli arid the opinion of a very ramoiiH uiiui junonjjr tin? . anticnts i I incun Marcus 'I'lilliiis Cictro; uiio, infincol' \m lettcn'B to Hrutus, ufjproves of ttuj forfeiture of Lepi- dus, aprl says, it was as juHt to reduce liis children to a dtate of want and misery, as it was in the Athenians to rcchice the children of 'I'iieuiistodes to that wretched state. To which lie adds, that tills was an aTU'ient and general custom in all commonwealths: from whence I tnink I may infer, that the forfeiture of traitors wu.s a law wliich prevailed ainong the Uouians, lot»<» before the estahlishinent of their ejnpire. And that this law was es- tahlished among the Jews, even in king David'n time, is evident from the story of Mephiboaheth, and his servant Ziba; for, from thence, we find, that the estate of Saul had been forfeited, but was restored to Mephiboslieth, for his father Jonathan's sake, and was again taken from him by anew forfeiture, on a false su_L';ij;e3tion of Ziha's. * Having thus shewn, sir, that the forfeiture of a guilty father cannot be looked on as a punishment upon the innocent children, it can no way be said to be incon- sistent with religion, especially that i)recept delivered to the Jews, which forbids punishing the father for the son's iniquity, or the son for the father's. That law was cer- tainly meant against subjecting eiither the one or the other directly to any loss,' damage, or inconvenience, for the crime of the other, and not against that consequen- tial damage which is brought upon the son by the forfei- ture of the father j and, as I have shew n that forfeitures liave been approved of by the most learned lawyers, both ancient and modern, and were established in the Jewish, (irecian, and Roman commonwealths, no gen- tleman can, I think, have the confidence to aver, that they were, or are, inconsistent with natural justice, or tlie liberties of a free people. The next thing I am to shew, sir, is, that thry are consonant to the laws of this kinsfdom, both ancient and i^iodern. Here, indeed, I am at some loss what gentle- m 3 ; 1 1 4T5 KIR DUDLEY RYDr,H,M [a. D. 1744. men may mean by our ancient laws ; and tliorcforc, that I may nc^t bo accused of any neglect, I sluill go us fur buck as I can. 1 think 1 may be very 8ure, that no man <'an ti II what our hiw» were, or whether we had any, bclbro tiie liomans cauic amongHt m. l( gentle- men mean by oin* ancient laws, the laws which prevailed amongst us whilst we were .subject to the lloiiians, then certainly, the law of forfeiture for treason was psta- hlished, because it was then a part of the IlotuHU law. If we come to the laws of the Saxons, and say, that these were the ancient laws of this kingdom, 1 think the point may be as positively determined ui favour of forfeitures ; for that t)ie feudal customs prevailed among the Saxons, us well as among then* other northern ncignbourS| is, in my opinion, clear to a domonstrati(m ; and it is certain, that by the feudal law, the forfeiture of the estate was the certain consequence of any breach of fealty in the tenant or vassal. If we refer to the fragments, still remaining, of the Saxon laws that wprc established in this kingdom, tlic point will bq as clear in my 'favourt It is very true, that from these fragijients it appears, that fmes, or mulcts, were the punisliments inflicted upon most crimes; but still there were some that wen; punish- able with death, or forfeiture of estate, and sometimes with both. liy a law of king Ina's, it is expressly en- acted, tliHt whoever figlits in tlie king's palace, shall lose bis inhcritjuicc: hcercditatem pcrdaty mc the words of the law. And, by a law of the famous king Alfretl, it is enacted in these words; »Vi quis vitte regis insidktur^ per sc, w / per ultores mercede eonductoSy vcl aervos mo^', vita privet ur ct ommlnts (jiuu possidet. Tiius, sir, it is evident, that forteitures were in use among the Saxons ; and tliat tliey litivc been constantly in use since the coiKjuest, not only in treasons but in fe- lonies, so far as relates to goods and chattels, no man can deny j therefore they must be allowed to be conso- nant to our laws, ancient and modern; and that they are not inconsistent vvitli tlie tVeedom of our constitution, A. 1). 1744.] Kifc uuDt.KV RVi)»:K. , * . ^gr experience itself must hear witness; for we have hltlierto preserved uur eoiistitution entire, und I doubt much if V sliall he able to do the Hanie, shoirfd forfeitures of nil kinds he abolished ; for li is eerttiin, that notiiing can he of more dimgerous conMe^iuenco to the liln^rticH Of a free people, tliiin fre(|uent civil wars. The first civil war tluit happened among the i{oinans, was that which they called the ^yol•i(tle miin/i, or the Mar begun by the several people and cities in Italy, whom the Komans, that is to say, the eiti/ens (»f Home, uould not admit to an equal share in tiic government with themselves. How long did they preserve their liberties after the eom- nienccment of this civil war? Not much above sixty years ; for this war began about the year 6'0'() after the building of their city, vvhicli was their »era ; and Augus- tus CsBsar, after the battle of Actium, was confirmed in the absolute government of that vast <.'mpire in the y<,'ar 71^5, of the same asra. And even h» tliis kingdom, a civil war has, moni than once, put an end to the free- dom of our constitution ; for the civil war between tiie houses of York and Lancaster, established what I may very properly call an absolute government in the person of Henry the VHIth j alid the civil war between CharlcK I. and his parliament, established an absolute go- vernment in the person of OliverC.'roniwell. his true, as our constitution is more perfect and better contiived than that of the Romans ever >\ as, it has hitherto always recovered itself; but considering the change in the man- ners of our people, if it should hereaft(!r be overturned by a civil war, I am afraid it will never recover ; there- fore, there is no evil we ought to guard more cautiously against than that of a civil wur ; which brings me to con-^ sider the end, oi' d(;sign of punishment, and in particu- lar, of that punishment culled forfeiture. Sir, the chief end of all punistnncnt ought to be, thft general good of munkind, or of society. For tliis end, public puniaJnnent'i have been introduced j and those criqjes which bring the greate->t mischiefs upon man- ii 478 .siuuujDLEv uVDm 1-^.^.1744, ;■*.'.■; kind, or upon society, oui^ht to be punislied in the se- verest manner, ut uuiuapana wtlus sit multorion^ and ut j)a:nci' glncrc (ictcrra'i creteri pomnt. Ucbcllion, or treason, is, of all others, the crinie which brings the hea- viest mischiefs upon society, especially "vvhena civil war U ihereby kindled in a country ; thcrelore, in all ages and ull nations, this crime has had the severest punishments inflicted upon it, and, generally speaking, in all countries as well as this, the j)osterity of truitors have been re- duced to the lowest state of any subject; nay, in most countries, have l)e«>n rendered incapable of honours or prelcrmenta ; in order that they niiglit be lasting exam- ples of terror to otliers, for preventing their being guilty of a crime tliat niiij;ht reduce theif posterity to tiie same "wretched state. '1 liis is the end of forfeitures and cor- ruption of blood ; and though they are punishments in- flicted upon treason, they are not punishments upon the innocent children, no more than it is a punishment upon a child to be born of indigent parents, or of parents tliat are slaves. In both cases they are misfortiuies only ; and the misfortunes which the ciiildren labour under, arc, in both cases, of great service to society* AVhen we see the misfortunes that children born of slaveys labour under, it inflames us with a love of libeity ; when we see the misfortunes that children born of indigent parents labour under, it promotes our industry and IVu- ^ality ; and when we see tlie misfortunes that children boin of traitors labour under, it makes us the more cau- tious of being guilty of the like crimes. The execution of a traitor is a fleeting example, which is soon forgot ; but the misfortunes of his posterity arc a permanent ex- ample, wliicli many have continually before their eyes; 'and as this permanent example certainly contributes to the preventing of civil wars, it must, in my opinion, con- tribute to the security of the happy constitution we now live under. Whether w^c should ever allow the punishments which produce these permanent examples to be abo- up, ^. D. 1745.] WILLIAM PITT. lislicd, is a question, sir, that I shall not take upon mo to dctciiuinc, nor is there any necessity lor my giving my opinion upon it at present; but this I am very sure of, that we sliould not allow tliese punisluuents to be abolished during the life of cither of the pretender's sonsj because, while they live, there will always be too many amongst us infected with an itch of rebellion ; and all politicians, as well as lawyers, agree, thrt the greater likelihood there is that a crime of any particular sort w ill be committed, the more severe ought tho punishment to be ; for the terror of the punishment ought, if possible, to be made superior to the itch of committing the crime; and as that itch of inclination Will be stronger and more general during the lives of the pretender's two sons than we can suppose it will be afterwards, therefore ^ve must have, during that period, more severe punishments upon treason, than may be afterwards necessary to be con- tinued. • I hope, sir, I have now fully explained, arid shcv\n not only the justice, but the necessity of the amend- ments made by the lords to this bill ; and therefore shall conclude with moving, that this house do agree to tlu; ainendiiients inade by tlic lords to tiiis bill. $;*fS WILLIAM pirr, Esq. , ■ m^imn^m. jj-^ Speech on the Address: Sir, Um.t i^ The amendment proposed upon this occasion, is so very unseasonable, and has such a dangerous ten- dency, that I need not take up much of your time witli arguments against it. I should not, iiideetl, have given you any trouble upon the occasion, but that I am afraid of being supposed to have had a concern in drawing it up, and having it at this time offered to your consider- ation. As I have always appeared to be a iViend to every thing that could be reasonably otl'ercd for sccuiiuij 1 f il 480 VtLLIASf <»iTT. [a. D. IU5. the ihclcpciidcncy of parliament, and as this amend- ment seems to have a tendency that vtay, I think it incuniberit upon inc to declare, that if n)y advice had hoen previously asked, I should li 've made use of all the little rhctorlck I am master of, to pei^shade the hoii. getilletncti n(>t to , bilcr such an amendment at such a dangerous corijuntturc. Sir, t shiiU always be a real friend to any regula- tion which may appear to me to be cftcctual for pre- senting tlie fatal effects of corruption ; and therefore, I shall never be tbr hitroducing any such regulation in- to this h^iufiCj nor shall I ever make or advise making any motion for that purpose, but at a proper season, and when, I think, tliCrc Is at least a chance for its being agreed to. We know well OnOugh, sir, that all sudi motions are, and I hope will ever be, the fa- vourites of the people ; and therefore, we may expect, that they will sometimes be made by gentlemen, who have no other design but to cast a slur upon the adminis- tration, by obliging them to (>ndeavour to get a negative Upon a |iopular motion ; but I shall never make ahv tiiotion M ith such a view j and I cahhot allow myself to suspect, that the hon. gentleman had any such view in offering this amendment. At a time of so much danger, at a time when our all is at stake, whatever opim"on we may have of our administration, or of our ministers for the time being, surely it is unseasonable, at such a time, to attempt any thing that may raise discontents among the people, or lessen their confi- dence in those Avho are placed in authority over them. Whilst tlie nation is en^aijed in a most dangerous and expensive foreign war, a rebellion breaks out at home. 'I'hose rebels have already gained a victory oVer the kings troops, which has made them almost vholly masters of one part of the united kingdom. We are under (' lily apprehensions, both of an irrup- tion, and a foreign invasion's being made upon the other I and tliat invasion would, certainly, be attended A.D. 1745.] WItUAM 1»ITT« 481 uilh an ioBurrectiou. In such circunistaixxs, sliull wellion, that tlioy have entirely forgot the danger they think themselves exposed to by means of corruption. We have lately heard of no letters, instructions, or remonstrances fi'om any county • or corpoiation in the kingdom to its representatives, iu favour of any bill against corruption. They are so wise *as to think of nothing, at present, but subscriptions and :' associations, for defending tlieir sovereign and them- selves against those who have wickedly and traitorously conspired to rob him of his cro\^•n, and them of their ^ liberties, properties, iind religion. Do gentlemen in- tend to give a turn to the spirit of the people, and to set them a contending against secret ^'frtTptien, that their * liberties ma^ the more easily beco'/fife '^'^hy to open , force } Sir,; if I were not well acqii'iint^l v^ith the hon. gentlemen, who made and seconded this motion, I shouM really suspect their having some such design ; and how- ever much I may from my personal knowledge be con- vinced thattheyhavenosuch design, they may depend up- on it, that if they do not withdraw their motion, the sus[)i- cion will bestroniT a'minst tliem, amongst all those who are not intimately acquainted with them. Jf-^.^Jno!' ..■ Such a stispieion, 1 caimot think, sir, any gentle- man would choose to labour under; therefore, I iiopc, they will withdraw their motion. I hofie, that for their own sakes, and for the sake of their king and countr^', they will not insist ujion its appearing in our votes. If ' they do, the v\hole world \\\\[ say, they have contribut- ed, as much as they safely could, towards rendering the 'rebellion successful. The hon. gentlemen' may al- ' ready plainly perceive, that a negative m ill be put upon 'their motion. Why then should they insist upon the question.'* If they do, it will be impossible to suggest A. D. 1746'.] GKOUCE. ,LYTTLETON. 4^3 ' ■ ■ - i-ti^ any reason fpr it, b,ut that of their resolving to huvu such a popular qiiijjstion appear vvitii a negative upon it in our votes, in or.der to raise discpntcnts among the peo- ple, and to ixmjio them turn against our present happy es- tabliBhme,ut, that money and tliose arms, they are now widely aDd g(^?croMi^ ^K9y}<\^JwMifffli!i^%v .n^^i 7 v^ GEQUGE LYTTLETOJ^, Esq. io^e I must cohfeei; Chat tlio fjil'Jtutiiiji Speedh op,ii)i,olisbing certa,in fru- dul jyrisdiciioiiH iu lS.a)lUnni is oue,vi; the' most, ek-jjuht uiid iu- gcnious in this colk'ctioli. ' ■ in . /,} . •• ^>.;.» ,. :., > w , 4fi4t»^| Jifi/ij no ■na .Jiofffff t- v^/tTft nnriiT i t-l?- | Tn f ^ :>ih,i-tj,f ^^^^HX .>.^ . ^"'" •>Ii';>'SJ)cakef;','??'^ 8« poi'i,up'iq -,if .f'/vrnjoi^i If it, could evcr:be,pi*obalf)ie tiiat any bill of gre{it'riT(5- ' ment, especially pne in which not only the national in- terest, but, niany pa,r):i|cular interests arc also concerned, should pass through i,l;he house without debate, this, I should have thought, would have done so, because none has ever been njore universally called for by the voice of the nation ; none ha^ ever undei'gone a longer and deeper consideration before it came into the house, or been considered by abler men, or with a more attentive, im- . partial, and candid regard to any material objections. However, sir, notwithstanding these favourable circum- stances, I did expect that in the committee some differ- ence of opinion would happen about particular clauses; and I rather wished that thtre might, because an affair of so very serious a nature cannot be too carefully and strictly examined, and because, if there are really any faults in the bill, I most sincerely desire that they may be amended. But I did not expect, I am extremely sui'priseil that it should be opposed upon the principky that it should be opposed as a breach of the iimon ; and my concern is equal to my surprize. Next to the breaking of the union, 1 hardly know a worse misfortune thaC can befal the whole united kingdom, than to have it suij- ■ • " ■• ' I i 2" -^^ ' " ■ ■ ■■" -■• -' I fi I l\ 4§4 GEORGE LYTtLEtOjf. [A.to. 174G. gested in parliament that it is broken, and to have that suggestion prevail in the minds of the people of Scot- land. It is a suggestion in which the etiemies of Scot- land and England will find their account — the friends cannot; and as I think it is groundless, I do most heart- ily grieve that it has ever received any countenance here ; God be thanked, they who are at the head of the law in Scotland have other notions. In the return made by the court of session to the house of lords concerning the heretable jurisdictions, this is the manner in which they have expressed their judgment on that point. " These jurisdictions, by the treaty of union, are secured to the proprietors as rights of property, and therefore cannot, witliout due satisfaction made to the owners, be taken from thetn." — If therefore due satis- faction be made to the owners, it is the opinion of the lords of the session, that these jurisdictions may be taken a>vay without any infringement of the treaty of union ; and that is the principle upon which this bill entirely proceeds. No jurisdictions are taken away by it without due satisftiction itiade to the owners ; "rthere then is the wrong, where is the violation of the pacta convent a be- tween the two nations ? ^ ', . , , Sir, I have considered the trcat;^ of uhibH' with all tiie attention and care I possibly could, startled by the objections that have been made by some persons for whose judgment I have the highest regard and respect j but I protest, that after the strictest examination, tliero does not remain in my mind the smallest apprehension or shadow of doubt, that it can in the least be hifringcd by our passing this bill. The 18th and !20th articles ure all that relate to the matter now before you. By the 18th a distinction is jnadc between the laws that con- cern public right, policy, ahd civil government, and those that concern private right ; the iirst are declared to be alterable by parliament, the latter not, except it be for the evident utility of the subjects within Scotland. A. p. 1746.], CEOBCE LYTTLETON. 485 Now, sir, not to insist on any difference between rinht of property and private rights ; but allowing tiiat this article extends alike to the securing of both from being altered by parliament, yet still the exception contained in the same article, that it may be done for the evident utility of the subjects in Scotland, is fully sufficient to vindicate this alteration from being any infringement of tlie treaty of union ; nor can any distinction be made between tliis sort of property and any. other existing in Scotland. But that tlie public is more affected by this than by any other, as to the 'JlOtli article, the intention and pur- port of it appears to me to be evidently this — that whereas tliese jurisdictions and superiorities are of a mixed na- ture, and might well be supi)osed to concern policy and civil government, and to be alterable by parliament, even without compensation made to the owners ; they were declared, by tliis article, to be rights of property, in order to put them on the same foot with other private rights, and to secure an equivalent to the proprietors, in case they should afterwards be taken away by the wisdom of parliament, A case that was easy to be" foreseen, because the inconvenience and evil arising from these jurisdictions had been pointed out more than once by tlie parliampnt, before the union, and because, till this has been don^, 1 will venture- to affirm the scheme of the union, m all the beneficial purposes of it, will not be fully completed. In the very words of this article, a power of making this alteration is clearly im- plied. The heretablc jurisdictions and superiorities are there reserved to the owners thereof as rights of pro- |)t'rty — but in what manner? why in the same manner as they were then enjoyed by tlic laws of Scotland. Now, sir, by the la^vs of Scotland, could not the Scotch [)arlia- rnent, before the union, have altered this property, as well as all other property, upon due compensation made to the owners, for the good of the public ? They cer- tainly could ; therefore they arc declared to be now lirld 48(^ GEORGE LYTTLETONJ • [a. D. 1746. and enjoyed, subject to the same power of flltcration by parliament. If the treaty of union had established a property that could not be siibjcct to the power of such alteration, upon such grounds, it must, at the same time, liave established a maxim iViiidamentally contrary to the first.principle of all civil society, and entirely destructive to it, this most preposterous maxim — that the good of the public ought tc give way to private advanftige ; but such an absurdity cannot be charged upon the wise legisla- tures of England and Scotland. Indeed, sii-, in no state upon the face of the earth, ever was there a property, or ever can there be any, which may not occasionally be altered or taken away, if proper amends be irtade to the proprietors, for the good of the' whole. Even the pro- perty of our kings has not been exempt from this general rule of law ; the wardship of thosb who held immediately of the crown, that is, of all the nobility and gentry of England, was a property fixed in Our kings; even from the time of William the Conqueror it was an iicreditary right of the crown ; and yet, for the good of the whcile, because it was thought to be hurtful to the public, the parliament took it away, granting at the same time an cfjuivalent to the crown. Did any man •ever sup[)0sc, that this act was an injustice, or any breacli of the com- pact between the king and the people; — a con)pact as iiiviolable as i\\G pacta conxmla of the union itself? Was ^t ever considered, I say, as a violation of that, or as any affront to the royal dignity? No, it was never so tliought of by the most zealous asscrtor of the rights of the crown. Wljiit then! is tlie property of the barons of Scotland of a more sacred nature, or is tlieir honour more tendei", than that of the king? •■ ' ' '" " ^.^'^ ' '" ^"^'•' ' Give me leave to observe to you, that this ancient right of wardship was taken away in the first year of the restoration of kin!>' Charles the Scconrl, before he liad made any ill use of those powers ; but as the powers themselves were judged to be naturally hurtful, it was not considered in whose hands thev were lodged, nor A. D. 174-C).] GEOKGi: LYTTLETON'. 4S7 what use was made of tliem at that particular time. Tlie wisdoui oi'parliauient looked to futurity, and tliouglit it ( xpedicut to buy off, and to abrogate tliis undoubted hereditary rigiit of the crown; not from any compUiint of a })rcsent abuse of it, but because it had been abused in former tiujes, and might be airajii. .[fjjjHtij w>. "^ 'in* io Sir, it is said these jurisdictions were not any cause of the late rebellion in Scotland, for that tiie jiroprictors of them were all iirrn and loyal on tliq side of the 7.. of all its members: though, in the laiis^uage of Ia\\', the exertion of it is called, the act of the croMn ; tliis is particularly true in matters of jiidicuturc, and the uiimi- nistration of justice ; the exercisinji; of these is a power uhich it is so much the interest of the whulr. con. uuni- wcalth to place in the crown, that when a king tlivots himself of it, or gives nj) any j)art of it, he so iur v, ill;- tiraws the protection he owes to his subjects, and lo ^fi^Jtis the bond of their fealty and allegiance. Will you oot hear my cause, (said a suitor for justice to Piiilip ot. M i- cttdon,) then be no longer my king. Philip ad'.l'ted the force of his reasoning, and confirmed hiju still a sub- ject by hearing his cause. If he had referred him to a great lord, to an hereditary judge, the man would have taken that lord, that .judge, for his king.; It is in the dispensing of justice, in the protecting of right, and re- dressing of wrongs, I it the royal authority best appears to the subject. This view of it excites his veneration and love ; l)ut w hen any p-^.rt of tl e people do not see tlicir sovereign in this amiable character, they are too apt to forget him, and turn their eyes and aft'ections an- other way. On these princi[)les the wisdom of our con- stitution lias made all jurisdiction immediately flow from the crown ; extend that w isdom to Scodand, let none I)e exercised in the most distant corner of these rcjzal domuiions, where insurmountable diiliculties do not pre- vent an alteration, otherwise than in the name of the king, and by virtue of his commission. ,'; ;/;,;,'. , r ...;• ..,.,. This is an eternal maxim of policy j it is not now taken up from any sudden heat or resentment, but upon cool and mature deliberation; let it not be laid down, because of any sudden lieator resentment arising against it w ithout a reasonable cause ; such resentment canno.t be lasting, time and experience Avill certainly overcome it; but the great benefits that will be derived from this bill, if it shall pass into a law, the good influence it w ill have over tiie whole British state, will last, I hope, to the latest posterity. Can there be a better qv happier hill A. D. 1746.] GEOUt'.E LVTTLETONth 1 45)1 rcjial rniit of tHeVrnTon than fln active comnriiniicalion of the gon rous, iYvi\ unfl nublc plan of the hivv of IjiglaiuJ, in tiie root, ol iho-?e servile tenures and barhuroiis eus- touis \vhi.-i-, in: ScolhmH, deforni tiie system of govern- ment, air; i>y the effects which they have over that pait ot the p. :)ie, which heitig least civilized, is consequently ni'iic pi M»> tofiisfjrdor, disturb the peace, and endanger the . ■!,,+, fy »;.i the ifhole constitution? When this is ac- coTiipii i)(.tl, \\.<3'n tliesc thorns are once rooted up, tlic way vili oe o[)en to many other improvements, to the intro< (Htion r>|larts>, of manufactures, of industry, of all the vutues .^ad «'.veets of civil life, in the wiUlest parts of that vonnrry ; hut all these bJessiugs must be tiie gifts of "oo I g«;v*irnl,iOiit. Before you can ho[)e to make tliose [Kopie good .subjects, or in any manuer useful, yo(j nidi^t Hrst)-hew them more evidently Mtiose subjects tlu'v arc. Dciore they can be mended by the instruc- tions 01 government, they must be protected by its power, and rvlievcd by its caic. Authority and justice must take the lead in this great work of reformation: disci})- liuc, peace, and civility will folloAv after. 1 hope it will not be necessary to say any thing more, in order to slicw what this bill is not, that it is not a breach of the union, that it is not an infliction of pcMial- ties on the innocent and well-deservinii; biit allow mc only t(j sum up, in a very few words, wiiat I coiu'eive that it is. It is a l)ill to secure and perfect the union, to carry the justice of the king into every part of the united kingdom, and, together witli that royal justice, a more set- tled peace, a more regular order, a surer protection, a closer and stronger bond of allegiance ; to put an end to all those dependencies that combine men together, not as subjects of the same king, or fellow-cilizcns of the siunc state, buf as followers of particular lords, and which create an awe and an.influence alike incomi)atible with liberty or with government. This \\ ill be done by this bill J and when you do this, you do at the same time, by a necessary conscfiuencc, strcngtiien the whole consti- 40^ HON. HOnATiO WALPOLE. [a. D. 1749. tiJtion, strengthen the crown on his majesty's head, strengtlien the establishment in his royal family, and nmkc the cause of the pretender more desperate ; for this is most certain, that all irregularities and disorders in the state, hU divisions from the rule of true policy, and from tlu; true genius of the English constitution, naturally tend to a change of government, and will, sooner or later, if they are not prevented by a wise and timely precaution, produce or assist such a change. These arc the objects of a bill against which such unfortunate and unreason- able prejudices have been conceived. I cannot better commend the policy of it than in some words of a great lawyer, and a great statesman. Sir John Davis, in his book upon the state of the kingdom of Ireland, an excel- lent work, which has been lately reprinted — the words are these, " There can never be concord or unity in any one kingdom, but where there is but one king, and one allegiance." i : ^ . . ; „ir;.,i; . THE HON. HORATIO WALPOLE, :■):■' ' _ ' :(t;■'!!''■ -.-iii ,.,* •« .« His Speech on Parliamentary Enquiries. ' Mr. Speaker, ; , . .. , , ► , '. r As all the parliamentary enquiries into the conduct of ministers, which I ever heard or read of, have either produced no effect, or a very bad one, I have been, and I believe I shall always be, against our giving ourselves any such trouble ; and, 1 am sure, I shall never be for cur enquiring into the conduct of any public transaction, because it is not applauded by the voice of common fame; a voice which never was favourable to ministers, till after they were in their graves ; and then, indeed, they may meet with that justice which they never could expect while they were alive. I know, sir; it has been often A. D. 1749.] HON. HORATIO WALPOLE, 49^ urged in this house, that common fame is a foundation sufficient for an enquiry : but tliis is a docU'ine which I never could subscribe to, because, if it were allowed in its full extent, we could never be a session without an enquiry ; for I never heard of a minister who was not, every year of his administration, accused by common fame of having done sometliing amiss. I must tiiere- fore be of opmion, that a parliamentary enquiry ought to have something more solid than common fame to rest on. But whether this be a right opinion or no is a ques- tion that can have nothing to do in the present del)utc ; for the late treaty of peace is not so much as accused by common fame. By every one who considers the cir- cumstances to which both we and our allies were re- duced, it is allowed to be a better traety than could be expected ; and as the decree of a judge is generally sup- posed to be just, w hen neither of the contending parties is pleased with it, so the late treaty has this in its favour, that it is more exclaimed against in France than it is in England. An enquiry into the conduct of our ministers, with regard to the late tieaty of peace, cannot therefore, sir, be said to have even common fame for a tbundation ; and if we have no foundation for enquiring into that treaty, We can have no foundation for enquiring into any trans- action previous to it ; for surely ^ve ought not to inflame the nation, and expose our own characters and the dig- nity of this assembly, by setting on foot an enquiry into an affair which is not condemned by common fame, un- less we had proofs of some wicked design or egregious misconduct. I say, sir, expose our own characters aiul tlic dignity of the assembly, because, when a parliamen- tary enquiry is set on foot, the people always conclude, that something wicked or very weak lias been done, and tliey justly expect to see the authors punished, or at least removed from our national councils. If they are disap- pointed in this expectation, they always suppose, that many of us have been bribed to screen tlie guilty, umi m^ IIOV. HORATIO WALPOFF [a. T). I74i). conceive a very nnfavniirablc opinion loi 'his mii^U't m- 'sembly. 'I'liis is a most (lati^'erouH • on.^eqticnce, and Vliiiglit prove liital to tiie eontititntion ot our ^ovc ruincnti Bnd yet, this must always be the conseqi-cnce ol our en- quirin''^;';fj '.>*(*!* ,^}'jf'\f'i The present is therefore, sir, tlie most nnproper time we can choose for enquiring into any late transaction, were there really a good ground for such an enquiry : but when tlKire is not the least ground ; when our mi- nisters ai"e not so nuich as accused by commcn fame of having pursued any wicked or weak measures ; when tiiey have brought our enemies to yield up by a peace all the conquests they had made during the course of a suc- cessfid war, an enquiry would not only be groundless, but madness ; for as to the insinuations thrown out, as if our success in the war had been defeated by the rival- ship of two contending ministers, or as if any thing had been neglected in the treaty of peace, on purpose to shew the people of this nation, that they must not expect any redress by entering into a war against the good liking of some gentlemen ; tliey do not require any an- MtfiMHAMU'*<7^ A- Di I749.] HON. HORATIO WALPOLE. 497 Rucr, because T know of no rivalsliip that has lately been bctvvceh ministers, nor do i know of arly gentleineii that were ever against entering into the war; and after we had entered into the wai*, it is evident from facts, and confirmed by the large debt we have contracted, that wc did all we could to obtain success. It is manifest, that \ve did not spare our money, and our enemies themselves confess, that our tioo[)s did not spare their blood. If our allies did not likewise exert their utmost strength, or iftlieir troops did not at all tin)es appear feo forward to spill th(;ir blood in tlieir country's cause, are our minis- ters to blame ? Or, can this be a reason for our enquiring into the tonduct of our ministers? '^ l>ut it seems to be some pcoi^le's way of thinking, sir*, that (>very misfortune ought to be charged to the account of our ministers : though in this country, ministers havfe less power than in any other, yet wc seem to think, they have more power than was ever granted by God Almighty to any human creature. If an expedition be disappointed by contrary winds or tempests, our minis- ters are ehurged with the disappointment, as if they had command of wind and weather. If an enterprize fails by the neglect or incapacity of the officers employed, our complaints presently run high against our ministers, though every one knows, that hy the nature of our con- stitution, our ministers are often obliged to employ olHcers, on vvhose care or capacity they have little de- p(,'ndence. In short, some pcojylc amongst us seem to treat our ministers as the Turnish Janizaries do their commanders. If they have good success, their com- mander is a wise and gieat general, let his success be never so accidental, his blunders never so conspicuous : U'hereas, if thev meet with bad success, tlie whole blame is laid upon the commander, though often owing to tlieir own cowardice or sedition. But in one respect there is a wide difference ; for in this way of judging, the Turkish Janizaries are constant and uniform ; whereas, in this country, let a man vvlio bdt yesterday loaded the VOL. X. K k . • 4^8 JOHN MORTOiV. [a. D. 1749. ministers with every misfortune, and imputed every suc- cess to mere chance ; I say, let such a man have to-day a place in the administration, and he becomes the very reverse of a Turkish Janizary: every success is then owing to the wisdom of the minister, and every misfor- tune he ascribes to some fatal accident bevond the reach of human foresight. . ; _ This, sir, is an observation I have lorig since made : it has been confirmed by many experiments; and if a new experiment were now to be made, I believe I should see the truth of it established. 13ut thank God ! tiis majesty has a much justcr way of judging; -he does not judge of a minister from the event, but from the whole tenor of his conduct ; and whatever the necessity of the times might oblige king William to do, as his pre- sent majesty neither is, nor ever was, under any such necessity, we must suppose that his majesty would not only have discovered, but disgraced any minister that had sacrificed his glory, or the good of his subjects, to any private passion or resentment ; which with me, is of itself alone a sufficient argument for concluding, that nothing weak or wicked has been transacted, either in the prosecution of the war, or the negociations for a peace ; and, therefore, I am against our agreeing to this niotion. \ . , - JOHN MORTON, Esq. ; ■".■ Z/m' Speech en the Mutiny Bill ' Mr. Speaker, - ,.., .,• The amendment made by the committee to the oath now under our consideration, \n as an amendment, \^hich, so far as it ^^•ent, I highly approved of ; and I was glad to find my 'opinion supported by some genilemen, whose iWilteMBitew^^.-' 1749. ry sue- to-day ic very is tlien inisi'or- le reach made: md if a clievc 1 k God I -he docs 10111 the necessity , his pre- any such ould not ister that |)jects, to h me, is ling, that cither in ins for a |,cT to this A. b. 1749.] ifOHN MORtON"; m the oath kt, which, Iwas glad In, whose toncurrence I shall always be proud of; but even then I did not think the amendment extensive enough. How- ever, I resolved not to propose any further extension of it at that time, because I was apprehensive lest it might have defeated what I then aimed at, and because I knew, that a further amendment might be proposed upon the report from that committee. I shall therefore now beg leave to observe the impropriety of our giving a greater power to the courts below, than we give to, or reserve for the high court of [)arliament. By the oath, as it now stands, any member of a court-martial may be obliged by any of the courts in Westmintscr-hall, to dis- close or discover the vote or opinion of every particular member of the court-martial, when it becomes necessary to have a proof thereof in any trial before them. But if a question should arise in this or the other house of par- liament, relating to the proceedings, or the sentence of a court-martial, no member thereof could be desired, much less required, to disclose or discover the vote or opinion of any particular member o+' that court-martial : for, surely, we could not desire a gentleman to make such discovery, when he is bound by his oath not to do so, unless we should assume to ourselves a dispensing power, which, T hope, no parliament, nor any court or magistrate in Great-Britain, ever \^ ill. I confess, sir, I was always, and still am, against the tvholc of this oath of secrecy. It is an innovation lately brought into our military law ; and it is an innovation ■which is inconsistent with the \\hole tenor of our laws, and the very spirit of our constitution. With us the courts of justice have always been open, and the judges thereof have delivered their opinions, and passed sen- tence or judgment in the face of the world. This will always have a good effect in favour of justice ; for let men be never so corrupt, let them be never so abandoned, they will always have some regard for their safety, if not for their reputation ; and will be cautious of letting the people knoyv, that they have been the tools of oppression, Kk2 ! JOO JOHN MORTON. [a. D. 17VJ' and the dispensers of iiianilcst injustice. But if we once begin to have sentence passed in secret, and under an oath of secrecy, we shall soon begin to liavc the whole trial carried on in tlie same manner; and this smells so strong of the court .)f Inquisition, and of those terrible recluse courts which are in arbitrary govern- ments the instruments of tyranny, that it must g ve a just alarm to every gentleman ^vho has a regard for our constitution, or the happiness of posterity. One of the arguments made use of, sir, for this oath of secrecy, is so far from l)eing an argument in its favour, that it is an unanswerable amujnent for our returninsr to the regulation of 17 1^5, hy >vhich it was provided, that no punishment to be inflicted by the sentence of a court- martial, should extend to life or limb; and, with respect to commission-officers, 1 think, tlie restraint should be carried even to that of corporeal punishment ; for that of breaking, suspending, or lining a conniiission-officer, is, I think, the highest punishment we ought to allow a court- martial in time of peace to inflict j and in time of war we have no occasion for a nuitiny-l)ill, because his liia- jesty's prerogati\e then takes place, by which he may not only appoint courts-martial, but may furnish them w ith such powers as he thinks necessary. ' 'When I thus talk of the argument brought in favour of this oath, I believe every gentleman m ill suppose, I mean that by which it is said, that as officers depend for their preferment, as well as for their continuance in eonmiission, upon the arbitrary will of the crown, or rather of the piiuie minister, or general for the time being, they may, when upon a court-martial, be d(^ter- mined by tlie influence of tliat minister, or general, to acquit or condcniU and puni.sii, not accorcMiig to justice, but according to his \\i\[ and pleasure. This th(^y allow to be a danger that ought not to bo apprehended, and this danger tliey ]>retend to ob\ial(;, l)y obliging (very uilieer, ujion oiith, not to disc lose the vote or opinion of any particular member of the court luyrtial. A.-D. 1749.] JOHN mohtox. 501 1 1 In the first part of tills argument, sir, I most hcnrtily ivXVCQ with those sientlemen : we know how liable onr eommon law judges were to ministerial iniluenee, when their commissions dependcct upon ministerial pleasure ; mid, therefore, I shall most readily allow, that the dan- ger suggested by those gentlemen, is far from being imaginary ; but I cannot agree in the last part of their' argument ; for I cannot suppose, that this danger will •l^e in the least obviated by the oath of secrecy proposed. We know how little an oath is regarded by mai\kind, when it happens to be inconsistent with their interest, and when they may break it not only with impunity, but aflvantage. No officer will^ therefore, notwithstanding this oath, suppose that his way of voting at a court-mar- tial can be hid from the crown, or the general, or minis- ter for the time being; consequently, the members C'f a court-martial will still continue to be under the same influence they are now. Nay, I think, they will be more so ; because, as their w ay of voting will by this oath be kept hid from the world, they will with the more freedom abandon themselves to that influence, and ministers or generals will with the les« restraint make use of it. At present, or at least before this oath was introduced, a man's way of voting at a coiu't-inartial was publicly known ; and if any one voted against what nas supposed to be the inclination of the minister, or general, and was afterwards dismissed the service, or disuppointed in his preferment, the world of course suj)posed, that it was on account of liis having voted according to conscience, which was an im})utation that a wise mirtister, or general, would choose to avoid ; but no minister, (;r general, can now be in danger of any such imputation, and, there- fore, they will with the more freedom dismiss or disap- point any ofticer who dares to vote at a court-martial contrary to their direction. This aigument is, therefore, sir, what may l)c called argumcntum ad hominenij for rcstraiiiing' courts-mar- tial, in thne of peace, from inflicting any piinishment 50Q, JOHN MOUTON. [a. D. 17-1.9. cxtencang to life or liinb, but can he no argument for tlio oath oi" secrecy proposed ; and the other argimient, that it \\'\\[ prevent oiFiccrs being exposed to the resentment of one another, for their way of voting «t a court-martial, is equally frivolous : Niw, I think it is worse ; for it carries with it an imputation, both upon the oflicers of our army, and upon our laws. Can \\c suppose, that any officer of our army would be afraid of doing justice, Icbt he should thereby incur the displeasure of another ' olficer ? Can we suppose, that our laws would permit any ofFii.er to shew the least sign of such a resentment w itli impunity? This is, therefore, forming to ourselves an imaginary evil, and making use of that as an argument for introducing a real evil, and an evil which will be a precedent lor introducing the worst of ail evils, which is that of a secret and arbitrary tribunal for, does not every gentleman see, that both this and i iie former argu-, inent are equally strong for keeping secret the whole proceedings of a court-niartial? And having once esta- blished such a secret military tribunal, it will be a prece- dent for establishing such secret tribunals in all trials at common law. Mav it not be said, that our common law judges wiil be the less liable to influence, the more secret their proceedings are kept? Do not we know, that our common law judges are liable to resentment, and some have actually suffered for the decrees they have madei or the judgments they have pronounced? But such arguments will never, I hope, prevail w ith us to establish an inquisitorial method of proceeding in any of our courts at common-law. But, sir, as 1 am not to oppose this oath of secrecy in general, I should not have taken up your time with saying so much against it, if 1 had not thought it ne- cessary for inducing gentlemen the :nore readily to agree to the amendment 1 am to jiroposc . for if there be no evir dent necessity for the oath itself, there is the less danger in any exception that may be thought proper to be made to it. The committee have already introduced one ex- A. D. 1749.] JOHN .MOUTOX. ;o:j ccption, witii rrizard to courts of justice ; and as we seem iudiiicd to agree to tliiit exception, it will look extremely ockl, it" we do not now introduce another, \\ ith retfard to the two houses ol" jjai'liauieut. Is it impossible to suppose, that a couit-niaitial may behave so us to deserve to have their i)roceedings enf[uircd into, and punished by parhament? Suppose, tfien, that a court- martial siiould make itsc^lfan instrument of oj)prcssion in the hands of an arbitnuv, cruel, and tyrannical general ; and should l>y his direction proceed, in an arbitrary mann(!r, to pass a. most unjust sentence. Suppose such a court-martial should conileuui a colonel to be shot for juutinv, because he did not mai'ch at the head of his rej^i- nient, accordinji; to hjs i<;eneral s orders, to prevent our as- seniblinu; in this house: would not sucii a court-martiuJ deserve to have their conduct enquired into and punished by parliament? liuthowslujuld we en((uir(;r whom could we punish? We miyht, perhaps, obtain a proof of the sentence; but we could have no proof as to those that agreed, or disagreed to it; therefore, ^\'c must either condeum or acijuit by the lump; and lliough this sort of lumping justice was once pr.ictis(^d by paiiiament, Ihopc^ the preceilent will never again be followed ; at least, 1 hope that we shall never, by a la^v of our own, make it necessary for us to follow it, _ • Suppose again, sir, that a court-martial should by their sentence be guilty of a brcacii oi' privilege ; against whom could the member complain wiio had suffered by that i)reach? lie nuist complain against every constituent member of that court-martial ; and sup})osing we shouh! think it such a heinous breach of [)rivilegc, as to deserve a punishnKnit signally severe, wc must inflict that pu- nishment upon every one, even though twelve of the iive-and-twenty constituent membeis of that court-mar- tial had voted against the sentence, and, consequently were innocent of the crime : for by the oath as it now stands, wc shall render it impossible for the innocent to. make their innocence appeal". Can a British parliament ! I ; I 504 HENRY FOX. [a. D. 1749. .. .■ I ., - . Qn;ree to any law, which thus confounds the Innocent with tlie guilty, and renders it impossible to punish the latter, without involving the former in tiie same sort of punish- ment ? Tiie injustice of this is so manifest, that I am per- suaded, even those who think this oatii of secrecy neces- sary, will be glad of any expedient for extricating them out of this dilliculty ; and, thercloie, I shall conclude with moving, That after the words, ' by due course of law,' tiie words, or ' by either house of parlianicnt,' may jje arlJed, by way of amenduient. HENRY FOX, Esq, {Aftencards Lord Holland,) i.'n: Wiis thf fathf^r of thn Into cclcbriitcd C. L Fox. Perhaps the rpudor' may be abh; to tracfi f.oino rcsciiiMuiire in their manner of speakr ing ; the same close conseciilive mode ot reasoning, and the same disposition to ^o round his subject, and view it in its various as- pects an(| bearings. iiii («■ /■ ' His Speech in Repli^, Mr. Speaker, I WAS one of those that were against the amendment made by the committee, and I was against it, because I thought it quite unnecessary : for I shall ahrays be against making an unnecessary amendment to any bill brought into this house. I then thought it unnecessary, and I still think it so ; because 1 cannot suggest to myself a case wherein it may become necessary for an inf(;rior court of justice to en(iuire who voted foj: or against any sentence of a court-martial j and if the parliament should ever think it incumbent upon them to enquire into the proceedings of a court-martial, it would be easy to bring in and pass a short bill, for enabling the officers to dis- close the opinions of the several members of that court- martial, in pursuance of the exception contained in the path, as it stood when first brought in. This I say, sir, was, this is still my opinion ; but I shall always readily p. 174.9. nent witli tie latter, f punish- am pcr- ;'y n('c;t'»- Ing thorn L'onrliulo :-oursc of .uit,' may tho rpudfr' i lh(; Kanie mrious us- *, -lii ;ndmcnt 'caiiso I 3 against brought , and I nyself a inferior inst any should into the bring to dis- courtr in the iay, sir, readily A. u. 1745).] IIEMIV FOX. 605 ! I submit, when I find tlie majority of this house to be of ii contrary opinion ; and lor tliis reason I sliall now op- pose our agreeing to tlu; amendment made by the com- inittee; but I cannot agree to any fmther anuMidment, because 1 foresee that it would occasion sucii a number of otiiers, as would render the oath quite insignificant ; which may, per]»a|)s, Ik: the design of those who are against the oath in general ; but 1 must beg leave to differ from them in opinion: for 1 think the oath as it now Htands, ran be altendetl with no bad couse(|uence, and will certainly prevent several njiseliiefs. As to the danger suggested, sir, that this oath of so crecy may be iuad(j a precedent for introducing the same Hort of regulation witli regard to oiu' courts of common law, 1 must think it altogether chimerical : for the nature of the military law is so very different from that of the common law, and the n)ethods of ])roceeding in courts- martial are necessarily so very different from those in our courts at common law, that no regulation in the one can ever be made a |)recedent tor nny regulation in the other. And as this is the only danger I have ever heard sug- gested, I think we have ikj bad consequence to apj)re- hend from establishing this oath of secrecy, with respect to the vote or opinion of the several, members of a court- martial; nor is this without precedent even in the pro- ceedings of both houses of parliament: for the members of both are bound not to disclose what passes in the house ; and though, when we hear counsel upon any case, or any point in dispute, we throw our doors in a manner open, yet every one knows, that in both honsea, the doors are shut, and every stranger regularly excluded, when we come to argue and determine the case or point among ourselves. " " ;.;:/«(..•;,> Now, sir, with regard to the mischiefs that may be in a great measure avoided by the oath of secrecy proposed, 1 must first observe, tliat in human affairs it is impossible to avoid every inconvenience, every evil : all that human ^ j^dom cj^n 'do, is to choose the le^st evil, aqd not to expose A05 Iir.NKY FOX. l\. n. 1749. onrM'lvcs to a i^rcat inconvenience for tlio sake of pro- vcntioiy H stnull one. AtUi'liavini; pr('un>:cil this, 1 shall without hcsitatit)n uijrce, llmt tliu iiulsolulcly inconsistent with the very nature of military service, to render them independent of the conunander in chief; therefore we have reason to apprehend, that the vote or opitiion of gentlemen in a court-martial may be di- rected hy the influence of the commander in chief, when he resolves to make use of his inlluencc for that piu'pose, I'ow is this to l)e prevented ? No way I can think of, but by preventinu; its l)ein^ known how every particular in(;mbcT voted ; and I wish any g(nitl(!rnan could suggest a more ellectual method thain that of an oath of sc- crccy. I am notat all surprise(f, sir, that gentlemen conver- sant in the law should be of opmi(>n> tlmt mankind iu general are regarilless of an oath. The suggestion is too true, I believe, in all trials at conuiion law, and all dis- putes about private ])roperty; but it is not so with the oiHcers of the army. They must have a little more re» e^ivd to their character for honour, as well as courage, than is necessary in conunon life; and when the charac- ter of an informer is tacked to pei;jury, they nmst have a very great regard to the oath they Iiave taken. This will be the case with regard to the oath now under toil" sideration : if any officer slioidd, notwithstanding his oath, disclose to the conmiamier iu chief, the vote or ojwuion of any other offioer upon a court-martial, he would be looked on not o ilv as a perjured wretch, but also as an informer : no gentleman would then keep lum comj)any, no officer would roll with him ; by which means he must necessarily be driven out of tlie army. Therefore it is evident, that officers rot only may, but v\ill depend upon p. 1749. A. ij. 174i>.J UlNRY FOX, 5or ie of pro- lis, I .shall •( ry couit Willi re-r since tiie icliovc, as u(l to the , would bo if militury uiiii uUt ii) , tluit the nay be di- lief, when t purpose, I think oi] particular .1(1 suggest ith of so*- n conver- mukind iu tiou is too id all dis- with tlie more re- courage, ic charac- uist have n. This uler toil" his outh, oi)iuion ould be Iso as an ;ompany, he must fore it is ;nd upon their vote or opinion being kept secret from the eoin- inander in chi(;l", us well as every one else; and conse" fjiicnlly, Mill not be so much under his iiilluence, with legiU'd to uny vol(! or opinion they may give; in ac^jurt- iiuulial, as ihey were bcfort; this regulation was introduced. As to tlu! other mischiel proposed to be |)revented by this oath, which is that of the heart-burnings and nni- niosities raised amoiii!; ollicers when their Wiiv of volinji at court.s-uiarti;il is known, the honourable gentleman mistook, or forgot to mention tiie c()nse((uenc(M)f tlusu heart-burnings and animosities. It is not, sir, the perso- nal danger to which olfu'cns may be thereby exposed, but it i» the prejudice it may be of to the service ; for when there is not a cordial friendshij) among the oilicers erii- ])loyed in the stuue ex|)edition, or upon the swine com- mand, it ollen occa ions a miscarriage or defeat. JJnt even that of the personal danger to \v\nv.\i ollicers are cx- posetl, deserves our unsideration, and ought to be fire- veuted a.s far as p(jssil)i(\ 'i'he case of olficers giving their ophiion hi a court-martial, and that of a judge ddivcriui; jiiij opinion from the bench, is vvi(Jely dinereiit. 'i'he latter may never, probably, converse, or be in company v\ithaiiy man he has olfended by that opinion : he seldom appears but in a court of justice, or amongst his intimate I'riends ; and, consequently, cannot be much exjiosed to the re- sentment of the man he has oti'ended; but an ofiictM' may happen the very next day to be in company, perhaps sent upon the same command, w itli the man against whom ho voted at a court-martial; and though such man may not seem to shew any resentment against liim on that account* he may pick a quarrel with him upon some other accouut, and may |iut an end to his lii'e in a duel, without its be- ing possible even for a court-martial to determine, that the duel proceeded from a secret resentment of what the deceased had done at a court-martial; from whence Ave see, that it is impossible to prevent the fatal conse- quences of such heart-burnings and animosities amoncr pUicers, any other way than by preventing a discovery of 508 IlENnV FOX. fA.n. 1749. A. the vote or opinion of nny oflicor upon n court-mnrtial* ami for lliis |»ur[)Osr, the oatli \\o\\ projioscxl, iHtstunds as it now docs, uill, [ liop(\ Ue. clVcctiml. IJut now, sir, witlnririinlto the {iiiiendnH-nt uhicli the bon. gentleniim has hocn pleased to propose, 1 must think it -quite iimiecx'ssary, het^aiise, m niy opinion, it is roinprehcndcd in the aniendnic rest otiiis days, ns a common soldier in that very reginjent ivhere iie once liad a command ; which is certainly a more severe punishment than that of discharging him from the ser- viee. And though a soijeant or corporal of foot be ^ eonnnonly reckoned but a mean employment, 1 must ob- serve* that a (|uarter-niaster of dragoons is but a stalf- cer; and yet it is a post that I have kno\\n sold for 4()()' guineas, and a post that no gentleman, not otherwise provided for, would disdain to accept of. J'Vom hence we may see, sir, what a dependent slavisli state all the non-connnissioned officers of our army are in : is it proper that any J^ritish subject, es})ecially those of our army, should be continued in such a slavish state? is it necessary for the service ? If any non-co»nmissioncd officer should really be guilty of any crime, any neglect of duty, or any disrespect towards his colonel, can we suppose, that a regimental court-martial Mould not punish him as severely as he deserved ? Why then leave, in the colonel of a regiment, such an absolute and arbi- trary power over that property, whicli men have pur- chased by their merit in the s(Tvice of their country ? J^ut, sir, it is not only the property of such oHicers, but their persons, and the person of every soldier in th(} finiM', that by custom are in some measiue under the arbilrary po\\ er of tlie commanding officer, or at least of the commander in chief of an army. I do not say, that the commander in chief can by custom order a stafl-of- liccr or solditr to be put to death, or dismembered, Avithout the sentence of a court-ma ilia I ; but without any liucii sentence they have sometimes been vwy iBiiiwiiffi'^f^"-'- "* "*"*■•" D. 1750. ot reduce (;r be ca- and may r go into )i( mover in liis rc- iinel, and ' liis days, e he once lie severe n the ser- if foot be I must ob- ut a statf- d for 40(y otherwise Mit slavish • army are lally those ish state? lissioncd \y neglect can Ave ould not len leave, and arbi- lavc pur- country ? cers, but er in tlu; nder the it least of say, that stafi[-of- mbered, without en vojv A. D. 1750.] G. TOWNSHRND. ^13 I I severely punished ; and this is a power which ought not to be trusted, I think, with any man whatsoever, espe- cially as the offender may be immediately confined, and very quickly brought before a court-martial. What is the end of punishment, sir ? Not merely re- sentment or revenge, I hope : Is it not, ought it not always to be inflicted ais an example and a terror, for preventing others from being guilty of the like offence ? How can it answer this end, when the offence is not publicly and certainly known ? Is not this always the case, when it is inflicted by the sole arbitrary authority of the colonel, or commander in chief? He may pub- lish his reason for punishing, and he may assign a jus- tifiable reason ; but mankind generally and rightly em- brace the maxim, that every man ought to be presumed innocent till h' ' proved guilty. The army will there- fore reason th I themselves : if this was the true reason, why wa. the man tried by a court-martial ? Why was not the ftict there proved against him ? They will therefore conclude, that the reason assigned was not the true reason ; and they will probably suppose a reason not much to the honour of him Mho ordered the punish- ment to be inflicted. Thus, sir, a colonel or commanding officer should, for the sake of his own character, as well as for the sake of example, never order any punishment to be inflicted, especially that of reflucing a staff-officer to a ccnthiel, but by the sentence of a court-martial. Let us consider, sir, that the success of our armies, in time of war, depends as much upon the bravery of our common soldiers, as upon the bravery and conduct of our officers ; and that it is this alone which makes our troops sujx^rior to any equal number of those of France : for without being accused of disrespect, I believe I may say, that the French officers are equal to our own both in conduct and courage. For this reason we should take care not to depreciate that which is the chief incitement to bravery in our common men. What is this incite- li! 1.1 mcnt? An halbcrt, VOL. 1. sir, is almost the only reward, the 514 G, TOWNSHEND. [a. D. 17^0. A. D. i; highest prefei'ment, that a common soldier can expect. While this continues (.lependent upon the mere whim of ^ colonel, can it be such an incitement as it would be,, were a man insured of holding it during life, unless justly deprived of it by a fair trial before a court-mailial, for some heinous crime or neglect of duty? liesides, -sir, I think, that for the safety of the com- missioned officers in our army, this power which the co- lonel lias over the staff-officers of his regiment ought to be abridged. Suppose a colonel should conceive a pique against some captain in his regiment, and should bring him to be tried by a court-martial for some pretended military crime, which might affect his honour, if not his life : the witnesses agahist him would probably be two or three Serjeants or corporals of the same regiment ; and when they know that tliey must either swear against the captain accused, or be reduced to private centinelfj, and obliged to serve for ever after as common soldiers in the regiment, could such a captain depend u})on his in- nocence? Could he expect tliat the crime would npt.b(? fully proved against him? •■: ^ ^ .n ..^v. , r., .. -. .>t..f ^jfjj ^■i This is therefore, sir, a power, which may be of the rnpst dangerous consequence to every officer in our army, below the rank of a colonel ; and if ^ve add to this, thtj power assumed by the commander in chief, to inflict se- vere punishments by his sole authority, we niust admit, that all the staff-officers and soldiers of our army are in 3. more slavish subjection than this house ought to endure any innocent British subject to be in. For this reason, sir, I have prepared a clause to be added by way of rider to the bill now before you, for providing, that no non-com- missioned officer shall be cashiered or reduced to a private centinel, and tliat no officer or soldier shall be punished, but by the sentence of a court-martial ; therefore I shall conclude with moving for leave to bring it up, M V . ilil. ,'n li: I-,-. I (.!' Ml I HOPE properti but I thi the relig our pres fore I sh any new to our ar Serjeants power qf is a pbwc army, It advancing to be a se tlie captai wanted ; j ligence in (j[nalificati to be a CO likewise o that cann( fore both tlieir man is absolute the colone again to g that he ha or corpori sible for h iiiillillMiiiTiitii'iii"T-f^ 1 D, 1750. n expect. 3 whim of would be,, fe, unless rt-maitial, 'the com- ch the co- t ought to ve a pique 3uld bring pretended if not his )ly be two regiment ; ;ar against centineh, soldiers in )on his in- jld not be je of the our army, ) this, the inflict se- ust admit, my are in to endure is reason, y of rider non-coni- a private punished, re I shall A. D. 1750.] COV. CONWAY. > 515 • • r COLONEL CONWAY.^^avf;.iir« I . ^Mis speech on the Mutiny Bill, ,^ ,,^ ^^ ^, t T^»^.' : >r6Bfi a Mr. Speaker, I HOPE I have as great a regard to the liberties and properties of the subject as any gentleman in this house ; but I think, that tlie liberties and properties, and even ; the religion of the people of this kingdom, depend upon our preservir^g a strict discipline in ,o!LU',urmy; and there- .i fore I shall always be extremely cautious ; of introducingj any new regulation, or abolii^hing any old custom relating ,. to our army. The power which the ^olonel has over the Serjeants and corporals of his regiment, I mean the. power ()f creating and reducmg them whenever he pleases, , is a power coeval witli our army; and^ while we have an. army, I think it is necessary that it should subsist. In advancing a common soldier to be a corporal, or a corporal to be a serjeaiit, the colonel generally takes the advice of, the captain in whose company such seijcant or corporal is , wanted ; and a man's knowledge of the exercise, his di- , ligence in performing his duty, and his bravery, are the . qualifications that usually recommend a common soldier to be a corporal, or a corporal a serjeant. But there are likewise other qualification? necessary, and qualifications that cannot be known till a man comes to be tried ; there- , fore both the colonel and captain are often mistaken in their man ; and when they find themselves mistaken, it is absolutely necessary for the good of the service, that tlie colonel should have an unlimited power to reduce him , again to a private centinel. Nay, a captain may find . that he has got a very incapable or troublesome serjeant or corporal into his company, and yet it may be irapos- . sible for him to make his incapacity or troublesomenesa Lis I 516 COL. CONlVAr. [a. ^. 1*750. appear by proper proofs, to the satisfaction of a court- martial. I must likewise observe, sir, that as bravery, activity, and diligence are necessary for recommending a soldier to the riiiik oi" a corporal or serjeant, so it is necessary, that alter he is advanced to that rank, he should continue to be as brave, active, and diligent as ever he was before : and yet, when he is advanced to the rank of a serjeant, which is, perhaps, the sunmiit of his desires, or at least of his hopes, he may very naturally grotv lazy dnd indo- lent, or perhaps in a day of battle take more Care of his life than is consistent w ith his duty. For which reason I tliink it is necessary for the service, that ^nch officers should always remam under the apprehension of being reduced by theii: colonel, if they are guilty of the least cowardice, negligence, or misbehaviour., T?'"''-«"'-"^—^'' ^ ^ Whatever notions some getttleincn mny have of iifeo- lilte power, sir, it has been thought necGssiiry in all countries for preserving subordination and discijsline in an army. In the Roman romih on wealth, from iU very first original, the generals of their armies had a mbst ab- solute and unlimited power over every Officer and sol- dier in the army. They could not only prefer and reduce, but punish even with death itself, by their Sole authority, and without the sentence of any court-martial. The story of Manlius, who put his own son to dcjlth for fighting the enemy against his orders, is so well known, that 1 need not put gentlemen in mind of it. Not only parti- cular men, but whole armies,, were among the Kotnans subject to be punished by the sole and absolute po^er of their general ; for we read that Appius, in the very infancy of that commonwealth, caused every tenth man in his army to be whipped, for flying from the enemy; besides punishing some of the officers with death. And, . I believe, there is now no country in the w orld, where their armies enjoy so much freedom, or so much security against being oppressed by their commanders, as both tfe officers and soldieis of our British army cnjOy. i )f a court- •y, activity, ig a soldici necessary, Id continue was before: a Serjeant, or at least ly dnd indo- e tare of Ills ;hich reason Such officers ion of being of the least lavd of dbso- essary in all discipline in "rom itf^ very d a nibst ab- icei' and sol- • and reduce, )lc authority, il. The story I for fighting ;nown, that I it only parti- the Kotnans idlute po^^•er in the very •y tenth man the enemy; eath. And, torld, where uch security lefs, as both enjoy. A. 1). 1750.J COL. CONWAY. 517 But in tljis, sir, as in most other things, there is an exUeme, tiiere is a iieplm ultra ; for if you extend thia freedom and security too far, you will destroy all disci- pline and subordination in your army ; and I an) ah aid, tliat wixat is now proposed will be running into that ex- treme, without so much as a pretended necessity : for though this power of reducing staff-officers to private x^entinels has been enjoyed by every colonel in our army time out of mind, yet tl^ere has never been so much as Due complaint of its havihg been made a bad use of, or applied to any wicked purpose ; and indeed, if it ever be exercised, it is always at the desire of the v'japtain of the company to which the serjeant or corporal belongs, and after an examination into the complaints against him ; so that the colonel really acts as judge in the affair, and is as good and as impartial a judge as any regimental court-martial can be supposed to be. i'-;<^ : Kf je/-; As this has always been the practice in our army, sir, I must presume, that the hopes of an halbert will be as great an incitement for common soldiery to behave well, as it could be, were tlie clause now offered made part of tliis bill; for when once they have got an halbert, they are now sure of keeping it as long as they perform their duty ; and surely, no gentleman will desire that they should hold it any longer. But if this clause should be passexl into a law, I am afraid it would have one of these two bad effects : the staff-officers would trust so much to this security, that they would behave negli- gently ; and if courts-martial acted with rigour, more of them woukl be cashiered or reduced, than ever were so by our colonels : on the otiier hand, if courts-martial did not act with rigour, and never punished one, unless he was guilty of some heinous crime or egregious neglect, the posts of Serjeant or corporal would become a sort of civil employment, and would, I fear, be too often sold to tlie highest bidder j which would in a short time ren- der our army little better tiian a common militia. .i-oo 518 cot. CONWAV. [a. D. 1750. » As to the danger which officers under the rank of a colonel may be exposed to, by staft-officers bearing false witness against them, at the instigation of their colonel, it apjiears to me to be altogether imaginary ; for the dan- ger of suborning witnesses to give false evidence is so great, that no colonel, nor any one for him, would ever attempt it ; and should he attempt it, and succeed so far as to find two or three men abandoned enough to under- take it, by being examined apart, and artfully cross- questioned, the falshood of their evidence would pro- bably be detected, and they punished for their perjury ; which could hardly fail of bringing on a discovery, or at least a strong suspicion of the subornation ; and no colo- nel under such a suspicion could expect to hold a com- mission in the army, as it is, and I hope will always be, m the king s power to dismiss such a colonel from the service ; for the officers of the army, as Cuesar said of his wife, should be not only innocent, but free from suspicion. Then, sir, as to what the hon. gentleman observed about the end of punishment, he should consider, that reducing a serjeant or corporal to a private centinel is not properly a punishment, but the removing a man from a post which, experience has shewn him not to be fit for; and that experience must be known to the m hole regi- ment, as vrell as to the colonel of the regiment, or the captain of the company he belongs to. Siiould a Ser- jeant or corporal be guilty of any crime, or of any cri- minal neglect of duty, tlie colonel would not certainly content himself w ith removing him, but would order him to be tried by a regimental court-martial ; in which case the offiince would be proved, and the jiunishment would be an example ; but when no such criminal matter is alledged against him, when nothing is alledgcd but only a natural stupidity, or a natural want of understanding, which renders him unfit for any rank in tlie army above that of a common soldier, there is no occasion for any proof, or for any punishment by way of example. ,^0ltfmtHUimcii>mMi>M', 'tr A. D. 1750. '! rank of a earin" false »ir colonel, or the dan- lence is so would ever cced so far h to under- fully cross- would pro- iir perjury ; ivery, or at nd no colo- old a coin- ahvays be, eI from the - said of his n suspicion, n observed sider, that centinel is la man from be fit for ; ihole regi- nt, or the uld a ser- f any cri- it certainly order him hich case lent would matter is :d but only rstanding, [rmy above n for any pie. ■''' A. t). 1750.] EARL OF EG MONT* 519 To conclude, sir, the power which the colonel has over the stalf-otHcers, has sul)8istcd for above sixty years, without any complaint of al)use; and as no one cam know what may be tiie effect of abohshing it, 1 hopo. the hon. gentleman will excuse me, for denying my ap-r probation of the clause he has been pleased to offer.. n)i; ,L, ^iuouui- (ii^ir EARL OF EGMONT.*«w^'^"^'^^*^=^> 'lo ,4)r;.!', n>ti i){dm: >>;»;,' mi /Minii vhrnnlnPymfmiMmyy ThcfoUoxving is a Part of his Speech on the Bill for* the n V I Naturalization of the Jews, " ' , '. "^ • ■"( Sir, >*l-» V<:f" iuntiilif ii «'i,' ' iW^ vniilri:r<.u:-ff 'f^',4i"IW It is easy to be perceived, in almost every step. that we have taken during this whole parliament, tliatf we think ourselves wiser than all our ancestors for seven hundred years before us: for our business has cofi- starttly been to unravel all, that, in respect to law mid liberty, religion and commerce, they had established as the proper rule of government for this nation. We ri- dicule the narrow notions of oiu' forefathers, and we ap-^ plaud our own open and extensive understandings — ' which is carried to that ridiculous excess, that if a man tAlks oi 7nagna cliarta, or the petition of right, or of any of the fundamental constitutions of the kingdom, he is sneered and laughed at. If he talks of caution in ad- mitting and countenancing every enthusiastic sect, he is a Jacobite or a tory. If he talks against the hasty lay- ing open of any branch of commerce, which from cir- cumstances may stand upon a different footing from the rest — he is a man of little narrow principles, and trade is to be opened, though the plague were to be brought with it, or the conditions tor that opening were to have slavery annexed. From the same conceit, from the same rage for novelty, and unlimited pursuit of general .520 EARL 01" EGMOKT. [a. I). 17A0 principlcf^, when you talk of natumlizfttion, no circmn- stunccs of our situation, in rej^ard to the loyul family now upon the tluonc, or to tlio jealousies of the pcop'e, are to be at all considered : no rejijard is had to the state of the laws actually now in being in Ireland, or the planta- tions, where any man may accjuire this privilege for half a crown •, to the facility with which all who apply to the legislature for it, may obtain it here j to the general in- dulgence and protection of all those who come among us, tliough not naturalized, and exercise any art or ma- nufacture ; nor any retiectiou made how far tlicsc cir- cumstances already answer tjvery reasonable purpose of tliis kind. Uut general naturalization, witliout exception, is the word : naturalize all, rich and poor, Jews, Turks, infidels, and heretics, be they who tliey will, or what they will, or where they will ; do it without any check or con- trol i do it without a power of remedy, let the consequences turn out ever so much counter to what you may expect. Sir, it is not common sense, but downright madness, to follow general principles in this wild manner, without limitation -or reserve ; and give me leave to say one tliing, which I hope w ill be long remembered, and well thought upon by all those who hear me — tliat those gen- tlemen who plume themselves thus upon tlicir open and extensive understandings, are m fact the men of tlie nar- rowest principles in the kingdom. For what is a narrow mind ? It is a mind that sees any proj^oaition in one single contracted point of view, unable to complicate any subject with the circumstances and considerations that are, or may, or ought to be combined with it. And pray, what is that understanding which looks upon na- turalization only in this general view, that naturalization is an increase of the people, and the increase of the peo- ple is the riches of the nation ? Never admitting the least reflection, what the people are whom you let in upon us i how, in the present bad regulation of our po- lice, they are to be employed or maintained ; how tlieir principles, opinions, or practice may influence the reli- tiu»i' His speech on the Repeal of the Act called the Jew Bill. Mr. Speaker, ' ^*;^*>^\ *>^«**'-; ^T .crijo ^ hk ,^y^i I SEE no occasion to enter at present into tiie ments of the bill we passed the last session for the naturalization of Jews; because I am convinced, that, in the pre- sent temper of the nation, wot a single foreign Sew will thinic it expedient to take any benefit of tliat act ; and, therefore, the repealing of it is j',iving up notiiing. t assented to it last year in hopes it might induce some wealthy Jews to come and settle among U8. In that light I saw enough of utility in it, to make me incline ratlier to approve than dislike it ; but that any man alive could l>e zealous either for or against it, I confess I had no idea. What affects our religion is indeed of the highest and most serious importance, (iod forbid we should be ever indifferent about that ! but I thought this had no more to do with religion than any turnpike act we passed in that session ; and, after all the divinity that has been preached on the subject, I think so still. Resolution and steadiness are excellent qualities; but it is the application of them upon which their value de- pends. A wise government, Mr. Speaker, will know where to yield, as Avell as where to resist; and there is no surer mark of litUeness of mind in administration, than obstinacy in trifles. Public wisdom on some occa- sions must condescend to give way to popular folly, espe- cially in a free country, where the humour of the people must be considered as attentively as the humour of a D. 1755. Jew Bill. ■ ' i S •/'«•»'>■ merits of ralizadon the pre- i^vi will LCt; and, tiling, i ice some that light ne rather ive could no idea. icst and be ever no more )assed in las been les; but alue de- know here is stration, le occa- , espe- ; people ►ur of a II A. D. 1753.] LORD LYTTLETON; , 523 king in ah aVsolntel monarchy. Under both forms of government, a prudent and honest ministry will in- dulge a small tolly, and will resist a great one. Not to vouchsafe now and then a kind indulgence to the former, would discover an ignorance of human nature; not to resist the latter at all times, would be meanness and ser- vility. Sir, I look on the bill wc are at present debating, not as a sacrilice made to popularity (for it sacrifices nothinp), but as a prudent regard to some consequences arisin j; from the nature of the clamour raised against the late acl for naturalizing Jews, which seem to require a parti- cular consideration. ■■'•> It has been hitherto the rare and envied felicity of hb majesty's reign, tiiat his subjects hove enjoyed such a settled tranquillity, such a freedom from angry religious disputes, as is not to be paralleled in any former times. The true christian spirit of moderation, of charity, of universal benevolence, has prevailed in the people, has prevailed in the clergy of all ranks and degrees, instead of those narrow principles, those bigotted prejudices, tliat furious, that implacable, that ignorant zeal, which had often done so much hint both to the church and the state. But from the ill-understood, insignificant act of parliaiwent you are now moved to repeal, occasion has bf'en taken to deprive us of this inestimable advantage. It is a pretence to disturb the peace of the churc to infuse idle tears into the minds of the people, and i-: le religion itself an engine of sedition. It behoves the piety as well as the wisdom of parliament, to disrippoint these endeavours. Sir, the very worst mischie^ tiiat can be done to religion, is to pervert it to the pui poses of fac- tion. Heaven and hell are not more distant, than the benevolent spirit of the gospel and the malignant spirit of party. The most impious wars ever made were those called Holy Wars. He who hates another man for not being a Christian is himself not a Christian. Christi- anity, sir, breathes love and peace and goodwill to man. 1! $u X.08P tYTTLETON. {a, P. \7a3i. A temper conformable to the dictates of th^t holy reli- gion has Ifttely dlstinguislied tliis nation ; and a glorious distinction it was ! but tliere is latent at all tinges, in the mm^& of the vulgar, a spark of entliusiain ; >vhich, if blown by the breath of party, may, even whenitseeaws ^uite extinguished, be suddenly revived and raised to 9. flame- The act of last session, for naturalizing .Jew^, hag very unexpectedly administered fuel to feed that flame. To what a height if may rise if it should conti- iiue mjich lons^er, ono cannot easily tfiWj bwt t^ie ».WM^ the fuel, aiid it will die of itself. ■> --)j >^ >• ,♦ ,-.-;> ' -Li It is the misfortune of all tl^e Roman Catholic coun- tries, that there the church and the state, the civil power land tlie hierarchy, liave separate interests, and are copti- Mually at variar^ce one M'ith tiie other. It is our happir ness, that ii^re tliey form but one system. While thi^ harmony lasts, whatever hurts the churcli, liurts the state; whatever weakens the credit of the governors of the church, takes away from the civil power a part of it9 strength, and shakes the whole constitution. «> /t, (v Sji*, I trust and believe, that, by speedily passing this bill, "we shall silence that obloquy, which has so unjustly been cast upon our reverend prelates (some of the most respectable that ever adorned our church), for the part they took in the act which this repeals. And it greatly concerns the whole community, that they should not lose that respect, which is so justly due to them, by por pular clamour, kept up in opposition to a matter of uq importance in itself. But if the departing from that measure should not remove the prejudice so maliciously raised, I am certain, that m^ farther step you can take will be able to remove it ; and therefore I hope you w ill stop here. This appears to be a reasonable and safe condescension, by which nobody will be hurt j but all beyond this w ould be dangerous weakness in government. It might open a door to the wildest enthusiasm, and to the most mischievous attacks of political digaflfection working upon that enthusiasm. If you encourage and . .tti»&im'^^*.ii^:^i4i ■•:H>L.h ;■ rij-7:- A. D. 17^3.] LORD LVTTLETON. 5^5 authorize it to fall on the synagogue, it will go thence to the meeting-house, and in the end to the palace. But let us be careful to check its farther progress. The more zealous vvc are to support Christianity, the more vigilant should we be in maintaining toleration. If we bring back persecution, we bring back the antichristian spirit of popery : and when tliG spirit is here, the whole system will soon follow. Toleration is the basis of all public quiet. It is a character of freedom given to the mind, more valuable, I think, than that which secures our persons and estates. Indeed they are inseparably connected together ; for where the mind is not free, where the conscience is enthralled, there is no freedom. Spiritual tyranny puts on the galling chains ; but civil tyranny is called in to rivet and fix them. We see it in Spain, and many other countries : we have formerly both seen and felt it in England. By the/ blessing of God, ■we are now delivered from all kinds of oppression. Let us take care that they may never return. ' V fli END OF VOL. r. Printed by IK Pople, S3, Old Boauell Court, Strand,