ii|iiiiliili[ii|:i|l|iiiii5Si|H:p THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES GIFT OF COMMODORE BYRON MCCANDLESS THE ELOQUENCE OP THE BRITISH SEJW^TE; BEING A SELECTION OF THE BEST SPEECHES OF 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, ESQ. in two volumes. Vol. L SECOND EDITION, Currcctcd and Improied. LONDON : PPcINTED FOR C. CR ADOCK 4" W. JOY, 32, Pateruobter Row ; AND S. DOIG, AND A. STIRLING, EDINBURGH. 1812. 1/. / ADVERTISEMENT. 1 HIS collection took its rise fl'om a wisli which the compiler had sometimes felt, in hearing the praises of the celebrated orators of former times, to know what figure they would have made by the side of those of our OAvn times, with whose productions we are better acquainted^ For instance, in reading Burke, I should have been glad to have had the speeches of Lord Chatham at hand, to compare them ; and I have had the same curiosity to know, whether Walpole had any thing like the dexterity and plausibility of Pitt. As there are probably other readers, who may have felt the a 2 IV ADVERTISEMENT. same kind of curiosity, I thought I could not employ my time better than in attempting to gratif}^ it. Besides, it is no more than a piece of justice due to the mighty dead. It is but right we should know wlmt ^ye o^'^e to them, and how far we have improved upon, or fallen short of them. Who could not give almost any thing to have seen Garrick, and Better- ton, and Quin ? Our politicians are almost as short-lived a race as our pla3^crs, " who strut and fret an hour upon the stage, and then ar heard no more." The* event, and the hero of the moment, engross all our attention, and in tlie vastness of our present views, we entirely Overlook the past. Those celebrated men of the last age, the Walpoles, the Pulteneys, the Pelhams, the Harleys, the Townshends, and the Norths, who filled the columns of the news-pa- pers v/ith their speeches, and every pot-house with tlieir fame, who ^vere the mouth-pieces of thcif party, nothing but perpetual smoke and bounce, incessant volley without let or in- termission, Avho were the wisdom of the wise, ADVERTIS^EMEl^T. VU intend it to have, it will rather serve to put a stop to that vice of mifck speakings which is iJie fashiou of the present day, by shewing our forward disputants how httle new is to be said on any of tliese questions, than offer a tempta- tion to their vanity to enrich themselves out of the spoils of others. I have also endeavoured to gratify the reader's curiosity, by sometimes giving the speeches of men who were not cele- brated for their eloquence, but for other things ; as Cromwell, for example. If, therefore, any one expects to find nothing but eloquent speeches in these volumes, he will certainly be disappointed. A very small volume indeed, would contain all the recorded eloquence of both houses of parliament. As to the notes and cnticisms, which accom- pany the speeches, I iuii aware that tliey are too long and fi*equent for a work of tliis nature. If, however, the reader should not be of opinion that " the things themselves are neither new nor rare,'' he is at liberty to apply the next line of / VIU ADVERTISEMENT. the satire to them, he may naturally enough wonder, " how the devil they got there/' The characters of Chatham, Burke, Fox, and Pitt, are those which are the most laboured. As to the fii'st of these, I am not so certain. It was written in the heat of tJie first impression which his speeches made upon me : and perhaps the first impression is a fair test of the effect they must produce on those who heard them. But farther I will not be answerable for it. As to the opi- nions I have expressed of the three last speak- ers, they are at" least my settled opinions, and I believe I shall not easily change them. In the selections from Burke, I have followed the advice of friends in giving a whole speech, whereas I ought to have given only extracts. For the bias which may sometimes appear ill this work, I shall onW apologize by referring the impartial reader to the different characters of Fox and Burke. These will, I think, shew, til at whatever mv prejudices may be, I am not much disposed to be blinded by them. ADVERTISEMENT. V and the strength of the strong, whose praises were inscribed on every window-shutter or brick-wall, or floated through the busy air, upborne by the shouts and huzzas of a giddy multitude, all of them are now silent and for- gotten ; all that remains of them is consigned to oblivion in the musty records of Parliament, or lives only in the shadow of a name. I wished therefore to bring them on the stage once more, and drag them out of that obscurity, from which it is now impossible to redeem their fellow- actors. I was uneasy till I had made the mo- numental pile of octavos and folios, " wherein I saw them quietly inurned, open its pon- derous and marble jaws," and " set the im- prisoned wranglers free again." It is possible that some of that numerous race of orators, who have sprung up within the last ten years, to vvhom I should certainly have first paid mv compliments, may not be satisfied wiih t\\c space allotted them in these volumes. But 1 cannot help it. iVIy ()l)icct was to revive >v]iat was foro'otten, and embody v/hat was r.^cniiii- Vi AiOVERTISEMENT. nent ; and not to echo the loquacious babblings of these accomplished persons, who, if all their words were written in a book, the world would not contain them. Besides, living speakers may, and are in the habit of printing their own speeches. Or even if this were not the case, there is no danger, while they have breath and lungs k^t, that they will ever suffer the public |to be at a loss for daily specimens of their polished eloquence and profound wisdom. There were some other objects to be attend- ed to in makinof this collection, as well as the style of different speakers. I wished to make it a history, as far as I could, of the progress of the language, of the state of parties af, different periods, of the most interesting debates, and in short, an abridged parliamentary history for the time. It was necessary that it should serve as a common-place book of all the principal topics, of the pros and cons of the different questions, that may be brought into dispute. If, however, this Avork has the effect which I PARLIAMENTARY SPEECHES, &c. KING CHARLES I. Came to the crown in l625, and was beheaded in lG48. The following is his spdech from the throne oli meeting his Jirst parliament. It contains nothing very remarkable, but may serve as a specimen of the stile that was in use at the time. The chief subject of the speech is the war with Spdin, in which the country was then engaged. There is also an allusion to the plague, which at that time prevailed in London. King Chai^lcs the First's Speech at openi/ig the Session^ My lords spiritual and temporal, and you gentlemen o^ the house of commons, in this parliament assembled : I may thank God, that the business to be treated on at this time is of such a nature, that it needs no eloquence to set it forth ; for I am neither able to do it, nor doth it stand with my nature to spend much time in words. It is no new business, being already happily begun by my father of blessed memory, who is witli God, therefore it ncedeth no narrative : 1 hope in God you w ill go on to maintain it, as freely as you advised my father to do it. It is true, he may seem to some to have been slack to VOL. 1. B 2 KING CHARLES L [a. D. l6'25. begin so just and so glorious a work; but it was his wisdom that 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 confirmed by your advice to run the course we are in, with your engagement to maintain it, I need not press to prove how v.illingly he took your advice ; for, the preparations tliat are made are better able to declare it, than I to speak it. The assistance of those in Germany, the fleet that is ready for action, with the rest of the preparations, which I have only followed my father 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 mv father to break off those two treaties that were on foot, so that I cannot say that I came hither a free un- engaged man. It is true, I came into this business willingly and freely, like a young man, and consequently rashly ; but it was by your interest, your engagement : so that though it Avere done like a young man, yet I cannot repent me of it, and I think none can 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 pray you remember, that this being my first action, and begun by your ad- vice and intreaty, what a great dishonour it were (both) to you and me, if this action, so begun, should fail of the assistance you are able to- give me. Yet, knowing the constancy of your love both to me and tliis business, I needed not to have said tliis, but only to shew what care and sense I have of your honours and mine own. I must entreat you likcAvise to consider of the times we are in, how that I must adventure your lives (which I should be lotli to do) should I continue you here long ; and you must venture the business, if you be slow in your resolutions. Wherefore I hope^ you will take A. D. 1625.] Slli EpWARi) COKE. 3 such grave (aiid wise) counsel, as you will expedite what you have in hand to do ; which will do me and yourselves an infinite deal of honoui*; you, in shewing your love to me, and me, that I may perfect that work which my father hatli so happily begun. Last of all, because some malicious men may, and as I heal', have given out, that I am not so true a keeper and jQiaintainer of the true religion that I profess, I assure you, that I may with St. Paul say, that I have been trained up at Gamaliel's feet : and although I shall never be so arrogant as to assume unto myself the rest, I shall so far shew the end of it, that all the world may see, thtit no man hath been, nor ever shall be, more desirous to maintain the religion I profess than I shall be. Now because I am unfit for much speaking, I mean to bring up tlie fashion of my predecessors, to have my lord keeper speak for me in most things : therefore I have commanded him to speak something unto you at this time, wdiich is more for formality than any gi-eat matter he hath to say unto you. SIR EDWARD COKE, (Lord Chief Justice, and author of the Institutes,) Was born in 1550, and died in l034. He was i-emoted from his office in \6l6, and first joined the popular side in parliament iu 1021. There is the same quuintness ynd pithiness in the other speeches which are given oi" this celebrated lawyer, that will be found in the following one. It is a little remarkable, that almost all the abuses of expenditure, and heads of oeconomical reform, which were the objects of ?vlr. Burke's famous bill, are here distinctly ^nuinerattd. Debate on a Motion for the Supply. Old Sir Edward Coke begins as usual, in this debate, with some I^atin sentences : Nccc^aitas afftctata, in- B 2 4 SIR EDWARD COKE. [a. D. 1625. i)incibil'is, et irnprovida. The two last, he said, break all laws and orders, and must be supplied : but if their necessities came by wantonness, then no such cause to give. Netitralitas nee aniicos pat'it, fiec mimicos tollit. Commune periculum, commune auxil'ium. No king cS.n subsist in an honourable estate without three abilities : First, To be able to maintain himself against sudden invasions. Secondly, To aid his allies and con- federates. Thirdly, To reward his well-deserving ser- vants. But he urged, There was a leak in the govern- ment, of which leak such as. these were the 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 with law, love of his people, and his own honour ; the presidentships of York and AV'alcs ; multiplicity of offices in one man ; every officer to live on his own office ; the king s hous- liold out of order; new tables kept there made the leakage the greater; voluntaiy annuities or pensions, which ought to be stopped till the king M'as 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. To apply some means for remedy, the multiplicity 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 kings house to reduce it to its ancient form, and not with sir Lionel Cranfield to divide a goose ; and that his shop-boys be not taken from his shops and placed in the green cloth ; that the great offices for the defence of the kingdom be put into the hands of able men that have experience, as admiralty's places, &c. The kings ordinary charge in Edward III. s time was borne by the king's ordinary revenue. Ireland at that time was also 30,000 /. a year benefit to the king; but now a great charge to him. To petition the king rather for a logiqiic than a rhetoriqm A. D. 1625.} SIR ROBERT COTTON. 5, hand * ; a strait than an open one. Move for a com- mittee to put down these, and such other iieads as shall be offered. SIR ROBERT COTTON, (The famous Antiquary,) Was born 1570, and died l631. He was made a baronet by James I, and was one of the opposition party in the time of his successor. The speech which follows was occasioned by some offence taken by the court at the severe reflections cast upon the duke of Buckingham in the house of commons. It is, as one might expect, learned, full of facts and authorities, containing matters which no doubt were thought to be of great weight and moment. !Mr. Speaker, Although the constant wisdom of this house of commons did well and worthily appear, in censuring * This mode of expression seems natural enough to any one who was familiar with Cicero's description of the difference between logic and rhetoric, and who knew that most of his hearers cither were, or would be thought, equally learned. It was a convenient short-hand language to those who were hardly ever accustomed to think or speak but in classical allusions, and which no one could atfect to misunderstand without first exposing his own ignorance: it was a sort of uvrd to the ivise. So that its being abrujit and far- fetched would be a recommendation of it, and would even give it un air of simplicity with men of deep learning, as being more in the way of their habitual and favourite train of ideas. But this stile, which may be called the abstruse or pedantic, is soon exploded when knowledge becomes more generally diffused, and the pretension to it universal : when there are few persons who profess to be very learned, and none are contented to be thought entirely ignorant ; when every one who can read is a critic ; when the reputation of taste and good sense is not confined to an acquaintance with the Greek and Latin authors, and it is not thought nccessarv to a mau's understanding an eloquent discourse, or even to his making rnc, that he should ever have read a deiinition either of logic or rhelonc. 6 SIR ROBERT COTTON-. [a. D. \625, that ill advised member the last day, for trenching so far into their ancient liberties, and might encourage each worthy servant of the public here to offer up freely his counsel and opinion, yet, since these walls cannot conceal from the ears of captious, guilty, and revengeful men without, the counsel and debates within, I will endeavour, as my clear mind is free from any personal distaste of any one, so to express the honest thoughts of my heart, and discharge the best care of my trust, as no person shall justly tax my innocent and public mind; except his conscience shall make him guilty of such crimes as worthily have in parliament impeached others in older times. I will therefore, with as much brevity as I can, set down how these disorders have by degrees sprung up in our own memories ; how the wisdom of the best and wisest ages did of old redress the like ; and lastly, what modest and dutiful course I would wish to be followed by our- selves in this so happy spring of our hopeful master. For, Mr. Speaker, we are not to judge but to present : the redress is above ad quei^mojiiam vulgi. Now, Mr. Speaker, so long as those attended about our late sove- reign master, now with God, as had served the late queen, of happy memory, debts of the crown were not so great ; commissions and grants not so often com- plained of in parliament; trade flourished; pensions not so many, though more than in the late queen's time, for they exceeded not 18,000/., now near 120,000 /. ; all things of moment were carried by public debate at the council table ; no honours set to sale, nor places of judicature ; laws against priests and recusants were executed; resort of papists to ambas- sadorb' houses barred and punished ; his majesty by daily direction to all his ministers, and by his own pen, declaring his dislike of that profession ; no waste- ful cxpcnces in fruitless ambassages ; nor any transcend- ent powe]- in any one minister. For matters of state, tiie council chamber held up the fit and ancient dignity. t A. D. 1625.] SIR ROBERT COTTON. ^ So long as my lord of Somerset stood in state of grace, and had by his majesty's favour the tmst of the signet seal, he oft would glory justly, tliat there passed neither to himself or his friends any long grants of his highness's lands or pensions. For of that which himself had, he paid 20,000 /. towards the marriage portion of the king's daughter. His care was to pass no monopoly or illegal grant ; and that some members of this house can witness by his charge unto them. No giving way to the sale of honours, as a breach upon the nobility (for such were his own words), refusing sir John Roper's office, then tendered, to procure him to be made a^ baron. The match with Spain then oftered, (and witj\ condition to require no further toleration in religion than ambassadors here ai'e allowed)' he, discovering the! double dealing and the danger, dissuaded his majesty from; and left him so far in distrust of tlie faith of tliat king, and his great instrument Go'ndoinar, then here residing, that his majesty did term him Jong time after a Juggling Jack. Thus stood the effect of his power with his majesty when the clouds of his misfortune fell upon him. W hat the future advices led in, we may well remember. The marriage with Spain was again renewed ; Gondomar declared an honest man ; popery heartened, by employing suspected persons for condi- tions of conveniency; the forces of his majesty in the Palatinate withdraAvn, upon Spanish faith improved here and believed, by which his highness's children have lost their patrimony, and more money been spent in fruitless ambassages than would have maintained an army fit to have recovered tiiat 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 ever have advised : errors in government, more in misfortune by weak counsels than in princes. The loss of the country of Poyntoli in Fr.^ncf^, wa^ laid to bishop Wickham's ciiarge in the first of llichard S SIJl EGBERT COTTON. [a. D. l625. II. for persuading the king to forbear sending aid when it was required; a capital crime in Parliament. The loss of the duchy of Maine was laid to De la Pole, duke of Suflfolk, (^8 Henry VI.) in singly and unwisely treating of a marriage in France. A Spanish treaty lost the Palatinate : whose counsel hath pronounced so great power to the Spanish agent (as never before) to effect freedom to so many priests as have been of late, and to become a solicitor almost in every tribunal for tlie ill-affected subjects of the state, is worth the inquiry. What grants of impositions, before crossed, have lately been complained of in parliament? as that of ale-houses, gold thread, intermitted customs, and many more, the least of M'hich would have (50 Edward III.) been adjudged in parliament a heinous crime, as well as those of Lyon and Latimer. The duke of Suffolk, in the time of Henry VI., in procuring such another grant, in derogation of the common la%v, was adjudged fn parliament. The girt of honours, kept as the most sacred treasure of the state, now set to sale. Parliaments have been su.tors to the king to bestow those graces, as in the times of Edward HI. Henry IV. and Henry Vt More now led in by that way only, than all the merits of the best deservers have got these last 500 years. So tender was the care of elder times, that it is ah article (Si 8 Henry VI.) in parliament against the duke of Suffolk, that he had procured for himself and some fexv others, such titles of hojiourj and those so irregular, that he was the first that ever was earl, marquis, and duke, of the self satrie place. Edvv'ard I. restrained tlie number, in policy, that would have challenged a writ by tenure : and how this proportion may suit with the profit of the state, we cannot tell. Great deserts have now no otlier recompence ttian costly rewards from the king; for we are now at a vile price of that which was once iucstima^ hie. If worthy persons have been advanced freely to places of greatest trust, I shall be glad. Spencer was A.D. 1625.] SIR ROBERT COTTON. 9 condemned in the 14 Edward II. for displacing good servants about tlie king, and putting in his friends and followers ; nor leaving, either in the church or common- wealth, a place to any, before a fine was paid unto him for his dependence. The hke in part was laid by par- liament on De la Pole. It cannot but be a sad hearins; unto us all, what my lord treasurer lately told us of his majesty's great debts, high engagements, and present wants ; the noise whereof I w ish may ever rest inclosed within these walls. For, what an encouragement it may be to our enemies, and a disheartening to our friends, I cannot tell. The danger of those (if any, tliey have been the cause) is great and fearful. It M'as no small motive to the parliament, in the time of Henry III. to banish the king's half brethren for procuring to them- selves so large proportion of crown lands. Gaveston and Spencer, for doing the like for themselves and their followers in the time of Edward II. ; and the lady Vessy, for procuring the like for her brother Beaumont, was banished the court. Michael De la Pole was con- demned (10 Richard II.) in parliament, amongst other crimes, for procuring lands and pensions from tlie king, and having employed the subsidies to other ends than the grant intended. His grand-child, William duke of Suffolk, for the like was censured. (28 Henry 'VI.) The great bishop of Wiuchester (50 Edward IH.) was put upon tlie king's mercy by parliament, for wasting in time of peace tiie revenues of the crown, and gifts of the people, to the yearly oppression of the conmion- weakh. Oftienccs of this nature were urged, to the ruining of tlie last duke of Somerset, in the time of Ed- ward VI, JViore fearful examples may be found too frequent in records. Such improvidence and ill counsel led Henry III. into so great a strait, as after he had pawned some part of his foreign temtories, broke up his house, and sought his diet at abbeys and religious houses, engaged not only his own je^vels, but those of 10 SIB ROBERT COTTON. [a. D. l625. the shrine of St. Edwai'd at Westminster, he was in the end not content, but constrained to lay to pawn (as gome of his successors after did) ma^nam coronam AJigliit, the crown of England. To draw you out to the life the image of tbrmei kings' extremities, I will tell you what I found since this assembly at Oxford, Miitten by a reverend man, twice vice-chancellor of this place; 'his name was Gascoign ; a man that saw the tragedy of De la Pole. He tells you, that the revenues of the crown were so rent away by ill counsel, tiiat the king U'as enforced to live de tallagio populi ; that the king was grown in debt quinque centena millia llbrarurrt; that his great favourite, in treating of a foreign mar- riage, had lost his master a foreign duchy ; that to work his ends, he had caused the king to adjourn the par- liament in villis et rernotis partibiis regni, where few people propter defectum hospitii et victualium, could attend; and by shifting that assembly from place to place, to inforce (I will use the author's own words) ilios paucos qui remayiebant de communitate regni^ concedere i^egi quawrcis pessima. When the parliament endeavoured by an act of resumption, the just and fre- quent way to repair the languishing state of the crown (for all from Henry HI. but one, till the 6 Henry VIII. have used it), this great man told the king it was ad dedecu-s regis, and forced him fi-om it : to which the commons ans\vered, although vexati laboribus et e.r- pensis nunquam concederent tax am 7^egiy until by authority of parliament resumeret actualiter omnia per- tinentia coron(E Anglice ; and that it was magis ad dedecus 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 'vvas banished ; which was no sooner done, but an act of resumption followed the inrolhnent of the act of his exilement. That was a speeding article against the bishop of Winchester and his brother, A.D. 16S5.] SIR ROBERT COTTON. 11 in the time of Edward III, that they had engrossed the person of the king from his other lords. It was not forgotten against Gaveston and Spencer, in the time of Edward II. The unhappy ministers of Richard II. Hemy VI. and Edward VI. felt the weight, to their ruin, of the like errors. I hope we shall not complain in parliament again of such. I am glad we have neither just cause or undutiful dispositions to appoint tlie king a counsel to redress those errors in parliament, as those 42 Henry III. We do not desire, as 5 Henry IV. or 29 Henry VI. the removing from about the king any evil counsellors : we do not request a choice by name, as 14 Edward II., 3, 5, 11, Richard II. 8 Henry IV. or 31 Henry VL; nor to swear them in parliament, as 35 -Edward I.t 9 Edward II. or 5 Richard II. ; or to line them out their directions of rule, as 43 Henry III. and 8 Henry VI. ; or desire that which Heniy HI. did promise in his 42d. year, ^e acta omnia per assensum magnatiim de conciiio suo electurum et sine eorum assensu nihil: we only in loyal duty offer up our humble desires, that since his majesty hath with advised judgment elected so wise, religious, and worthy servants, to attend him in that high employment, he will be pleased to advise with them together a way of remedy for those disasters in the state, brought on by long security and happy peace, and not be led with young and single counsel. 12 DUKE OF BUCKIXGHAM. [a. D. l625- GEORGE VILLIERS, (Created Duke of Buckingham by James J.) Was born 1592, and was asaassinated by Felton in l628. It is said that he had originally but an indifferent education. Perhaps it was owing to this that there is more ease and vivacity, and less pedantry, in the stile of his speeches, than in those of most of" his cotemporaries. We can hardly account for it from his having been privately tutored by king James the First. The subject of the following speech was the war with Spain, and recovery of the Palatinate. That the first and last time he had the honour to speak in tliis auditory, it was on the same business ; and tlien he iras so happy as to be honoured and applauded by both Ijouses : and he made no question, but, speaking with the same heart, and on the same business, he should be so now: for, if they looked upon the change of affairs in Christendom, they could not think it less than a miracle, that the king of Spain was sought and courted by all the world; he was become master of the Valtoline; had broke all Germany in pieces, and was possessed of the Palati- nate. The princes of Germany were weak, and not able to resist ; and by reason of his master's neutrality, caused by a treaty, he kept all other kings and princes in awe. Nqvv, on the contrary, the Valtoline is at liberty; the war is proclaimed beyond the Alps ; the king of Denmark is in arms, Avith 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 botli A.D. 16^26.] DR. JOHN WILLIAMS. IS houses, there was not one action, or a thought of his, that levelled at any other than one and the same object, which was to please their desires? If he should credit all rumours, which he would not do, he should speak with some confu- sion of fear to hold the same place he formerly did in their affections: but, having still the same virtuous am- bition, and considering his own heart to tiie king and state, he could find no cause of alteration, but was all courage and confidence. Here the duke made a request to the house of commons, that if any man had spoken or should speak any thing in discharge of his conscience, zeal of reformation, or love to his country, which may seem to reflect upon some parti- cular persons, he may be tlie last that shall apply it to him- self: because he is confidently assured of two things ; firs^ that they are so just as not to tall upon him without cause who was so lately approved by them ; and secondly, that himself shall deserve nothing that shall misbecome a faith- ful Entjlishman. DR. JOPIN WILLIAMS, (Keeper of the Great Seaf, Bishop of Lincoln, and afterwards Archbishop cf i'ork,) Was born in Caernarvonshire in Wales in 1582, and died in l65C. He preached James the First's funeral sermon, in which he corn- pared him to king Solomon. How well he was qualified tor th:i courtly ta$k may be seen by the following specimen. The Lord Keeper's Speech. My lords, and you the kniglits, citizens, andburgeasesof the house of commons: You are here assembled by his majesty's writs and royal authority, to hold a new par- H DR. JOnX WILLIAMS. [a. d. 162.6. liament, tlie general, ancient^ and powerful council of this renowned kingdom : m hereof if we consider aright and tliink of that incomparable distance between the su" preme height and majesty of a mighty monarcli, and the submissive awe and lowliness of a loyal subject, we cannot but receive exceeding comfort and contentment in the frame and constitution of tliis highest court, wherein not the prelates, nobles, and grandees, but the commons of all degi'ees have their parts ; and wherein that high majesty doth descend to admit, or rather to invite the humblest of his subjects, to conference and counsel Avith him, of the gi^eat, weighty, and difficult affairs of the king and kingdom ; a benefit and favour, whereof "vre cannot be too sensible and thankful; for sure I am, that all good hearts would be both sensible and sorrowful, if we did want it, and there- fore it behoveth dl, with united hearts, and minds free from distraction and diversion, to fix their thoughts upon coimsels and consultations wortliy of such an assembly ; remembering, that in it is presented the majesty and great- ness, the authority and pov,'er,the wisdom and knowledge, of this great and famous nation : and it behoveth us to magnify and bless God, that hath put the power of assem- bling parhaments in the hands of him, the virtue (inherent) ofwhose person doth strive with the greatness of liis prince- ly lineage and descent, whether he should be accounted major or vielioi^ agi'eater king or a better man; and of whom you have had so much trial and experience that he doth as affectionately love, as he doth exactly know and understand, the true use of parliaments: witness his daily and unwearied access to this house, before his_accession to the crown; his gracious readiness to all consequences of importance; his frequent and effectual intercession to his blessed father, of never dying memory, for the good of the kingdom, ^\'ith so happy success that both this and future generations shall feel it, and have cause to rejoice at the success of his majesty's intercession. And when the royal diadem descended upon himselC i)resently, in the midst of iiis tears and sighs for the departure of his most dear and A. D. 1625.] DR. JOHN WILLIAMS. 15 raval fatlier, in the very first consultation with his privy council, was resolved to meet his people ,in pai'Uanient: and no sooner did the heavy hand of that destroying angel* forbear those deadly strokes, which for some time did make this place inaccessible, but his majesty presently re- solved to recall it, and hath now brought you together, and in a happy time, 1 trust, to treat and consult wiUi uni- form desires and united affections, of those things that concern the general good. And now being thus assembled, his majesty hath com- nianded me to let you knovr, that his love and affection to the public moved him to call this paiiiament; and looking into the danger, and the spreading of that late mortality, and weighing tfie multitude of his majesty's pressing occa- sions, and urgent affairs of state, botli at home and abroad, much importing, the safety and state of this king- dom, the same affection that moved him to call it, dotii forbid him to prolong the sitting of this parliament: and therefore his majesty, resolving to conline this meeting to a short time, hath confined me to a short errand ; and that is, that as a king, most agreeable to the kingly office, to the example of the best times and to the frame of mo- dern affairs, his majesty hath called you togetlier to consult and advise of iTrovident and good laws, profitalJs for the public, and fitting for the present times and actions ; for upon such depends the assurance of reli- gion and of justice, which are the surest pillars and buttresses of good government in a kingdom : for his majesty doth consider, that the royal throne, on which God out of his 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 benefit and use of tliis fountain is dispersed to his people. And it is his majcstv'i care and study, tliat his people may see, M'ith comfort and joy of heart, that this fountain is not dry, but they and their posterity may rest assured and couiident * The pi >.guc. IS DR. JOHN WILLIAMS. [a. D. 1^26". in his time, to receive as ample benefit from this fountain, by his majesty's mercy and justice, aS ever subjects did in the time of tlie most eminent princes, amongst 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 renowned princes, should begin his reign with some additions unto those good laws which their happy and glorious times have 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 for 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 from his majesty to deliver unto you, wherein you see his majesty's intent to the public ; and, therefore, his de- sire is, that, according to that conveniency of time^ which his affairs may afford, you will apply yourselves to dispatch the business of this parliament. A. D. 1626.] SIR HEXEAGE FINCH. 17 ,, SIR HENE AGE FINCH yffts i"ecorder of London. I have given hU speech on being cliosen speaker, as a curious instance of the flowery stile then in vogue. It is foil of far-fetched thoughts, and fulsome compliments. SixcE it hath pleased your majesty not to admit my humble excuse, but, by your royal approbation, to crown this election, after my heart and hands first lifted up to God, that hath thus inclined your royal heart, I do render my humblest thanks to your majesty, who are pleased to cast so gracious an eye upon so mean a subject, and to descend so low as, in a service of this importance, to talie me into your princely thoughts : and since we all stand for hundreds and thousands, for figures and cyphers, as your majesty 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 undei'value myself, but with a faithftil and cheei'fiil heart apply myself Mith the best of my strength and abilities^ to the performance of this weighty and public charge; wherein, as I do and shall to the end most humbly desire your gracious acceptance of my good intentions and endeavours, so I could not 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, rao^i pious and prudent government. . VOL. I. c 18 SIR IIENEAGE FINCH. [a.D. l62(). If we behold the frame and the face of the go- vernment in general, we Irve under a monarchy, the best of governments, the nearest resemblance unto the divine majesty which the earth affords, the most agreeable to nature, and that which other states a'nd republics do easily fall and reverse into, as the ocean, and are naturally dissolved, as into their primam materiam. The la'ws by which we are governed are above any value my words can set upon them ; time hath refined and improved them : they are equal at least to any laws human, and so curiously framed and fitted, that as we live under a temperate climate, so the laws are temperate, yielding a due observance to the prerogative royal, and yet preserving the right and liberty of the subject ; that which Tacitus saith of tvvo of the best emperors. Res olim insociabiles miscueinintj. imperium et Ubcrtatern. And so far is this from the least diminution of sovereims, that in this your majesty is tmly stiled Pater Patrice^ and the gi'eatest 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 irreatest of king's, to command their hearts. If time or corniption of manners breed any mists or griev- ances, or discover any defect in the law, they are soon reformed by parliament, the gi-eatest court of justice, and the greatest council of the kingdom, to which all other courts and coimcils are subordinate. Here your royal person sits enthroned in the state of majesty, attended by a reverend and learned prelacy, a great and full nobility ; enthroned like stars in tlie firmament, some of a greater, some of a lesser magnitude, full of light and beauty, and acknowledging to whom they owe their lustre ; and by a choice number of worthy knights and gentlemen, that represent the whole body of your comn-ons. But to leave generals ; we live not under a monarchy only, the best of governments, and under a government the best of monarchies, but under a king A. D. 1626.] SIR HENEAGE FINCH. 19 the best of monarchs, your royal person, whose eminent graces and virtues, whicli are inherent in your person (in whom greatness and goodness contend for supe- riority) it were presumption in me to touch, though 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 from public things and actions which the least eye may see and discern ; and in them, obliquely and by reflec- tion, cheerfiilly and with comfort, behold your person. What age shall not record and eternize your princely magnanimities in that heroic action or venturous journey into Spain, or hazarding your person to preserve the kingdom ? Fathers will tell it to their children in suc- cession: after-ages will then think it a table. Youi^ piety to the memory of your dear father, in following and bedewing his hearse with your teai's, is full in every man's memory. The public humiliation when Gods hand lay heavy upon us, and tiie late public thanksgiving to Almighty God for removing his hand, both commanded and performed in person by your majesty, is a work in piety not to be forgotten ; and I trust the Lord will remember them, and reward them witli mercy and blessing to your nrajesty, and the whole kingdom. Your love to justice, and your cai'e in the administration of justice, we all behold w ith comfort, and rejoice to see it : the great courts of justice, from the highest to the lowest, furnished witli judges of that wisdom and gravity, learning and integrity. The thrones of kings are established by justice ; and may it establish, and I doubt not but it will establish, the throne of your majesty in your person, and in your royal line, to the end of time. But above all, and indeed it is above all, as far as heaven is distant from the earth, your care and zeed for the advancement of God's true religion and worship, are clearly and fully exprest, as doth appear both in your person and by your public acts and edicts. It U true, that it is said of LO SIR rrrxzAGi rixcH. [A>jy. 169,6. princes, qmdfaciunt prcEcipiunt ; of your majesty both are true, and a proposition made convertible. We have received a most gracious answer from your ma- jesty to all our late petitions concerning religion, seconded Avith a public declaration under the great seal, and enrolled in all the courts of justice, for your royal pleasure and direction to awaken and put life into these laws by a careful execution, with provision that the penalties be not converted to your private coffers ; and yet the coffers of the king are not private coffers, but, by your express direction, set apart to public uses, such as concern the immediate defence of the kingdom, wherein mc all have our share and interest. Your royal proclamation hath commanded those Romish priests and Jesuits to banishment ; those incendiaries, that infect the state of this church and commonwealth. Their very entrance into this kingdom is, by a just and provident law, made treason ; their aims being in truth, (how specious soever their pretences be) nothing else but to plot and contrive treason against the state, and to seduce your natural bom subjects from their true obedience, nourishing in their posterities factions and seditions ; \\ itness those many treasons and conspiracies against the person of that glorious lady, whose memory will never die ; and that horrible matchless conspiracy, the powder treason, the master-piece of the devil. But God, that preserved her and your royal father against all their treacherous conspiracies, and hath given you a heart to honour him, ^ill honour and preserve you : religion will more truly keep your kingdoms, than llie seas do compass them. It is the joy of heart of your majesty's loyal and well affected subjects, and will ever be the honour of your regal diadem, and the crown of your crown. The Spanish invasion in 1588, I hope will ever be remembered in England, \\ith thankful ackno\\ ledgment to God for so great a deliver- ance ; and I assure myself it is remembered in Spain, but with another mind a mind of revenge : they are A>D.l6'i6.] SIR HENEAGE FIXCH. Hi too constant to their counsels to acquit their resolutions and purposes that drew on that attempt It was long before discovered, and since printed, not without their liking, that they affect an universal monarchy. Video?' mifii videre (saith Lipsius of their state) solemn oriente?n ab occidente ; a monster in nature. And one of their own, speaking of the two great lights which God had placed in the firmament, makes the pope luminare majm, prcesidens urbi et orbi, and the king of Spain luminare minus ut subdetur urbi et dominetiir per totum orbem. A great flattery, and a bold and im- pudent allusion. But 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 himself more lasting than marble) to denounce war to that adversary of God and kings, the pope ; so hath he set your sacred majesty upon the throne of your father, to do as many things worthy to be written, as he had written things worthy to be read : amongst them to restrain tliat unlimited pride and boundless ambition of Spain, to reduce it to their proper current and channel ; who, under the tide of catholic king, makes his pre- tence to more countries and kingdoms than his own, and by colour of disguised treaties he invades the Palatinate, and dispossesseth the incomparable lady your royal sister, and the children of this kingdom, of their right, and their ancient patrimony and inheritance, to the discomfort and dishonour of this great and glorious nation. God in his mercy soon repair this breach by your roval hand; and I assure myself, the hearts, the hands, and the purses of all good subjects, will sav, Amen. 52 MR. SELDEJr. [A. D. l626. JOHN SELDEN, (The well-known Author of Tahh-Talk, and other works of great learning,) Was born in 1584<, and died in l654. He was member at different times for Great Bedwin, in Wiltshire, and Lancashire, and through his whole life a strenuous oppositionist. Mk. Selden spoke next in this debate, viz. on the im- peachment of the duke of Buckingham, and argued, That the question was only, whether this house may proceed to transmit to the lords upon common fame ? and ' surely they nnght, else no great manshall be accused by any particjilar, for fear of danger. The faults of the gods were not to be told, till the goddess Fame was born ; de eo male atiditur, is put into indictments for murder. That this course of accusation was held in all the courts of Christendom. That these cases were to be ruled by the law of parliaments, and not either by the common or civil law. In the case of the duke of Suffolk, (28th Henry VI.) there was a general rumour and noise of great offences done against the state. The commons, taking notice thereof, acquainted the Lords Avith that general rumour, praying them, he might be committed to the tower ; which the lords, upon consultation with the judges, refused, because the charge was only ge- neral : thereupon the commons instanced, in one par- ticular, that the French king was ready to invade the kingdom, through his default ; whereupon he was pre- sently committed. In the duke of Somerset's case, {29 Henry VI.) there was the like clamour upon common fame, and the parties complained of were removed from their oftices. A.D. 1G26.] BISHOP WILLIAMS. 23 The following speech I have thought worth preserving, as it pretty clearly shews the relation which at this time was understood to subsist, aiid the tone that prevailed, between the king and his parliament. The Lord Keeper JVilliamss Address to both Houses*. My lords, and you knights, citizens, and burgesses of the house of commons : You are here assembled by his majesty's command, to receive a declaration of his royal pleasure ; which, although it be intended only to the hguse of commons, yet his majesty hath thought meet, the matter being of great weight and importance, it should be delivered in the presence of both houses, and both houses make one general council; and his majesty is willing that the lords should be witnesses of the honour and justice of his resolutions ; and therefore the errand which, by his majesty's direction, I must deliver, hath relation to the house of commons. I must address my- self therefore to you, Mr. Speaker, and the rest of that house. And first, his majesty would have you to understand, that there was never any king more loving to his people, or better affectioned to the right use of parliaments, than his majesty hath approved himself to be ; not only by his long patience since the sitting down of this parliament, but by those mild and calm directions, which, from time to time, that house hath received by message and letter, and from his royal mouth, ^vllen the irregular humours of some particular persons wrought diversions and dis- tractions there, to the disturbance of those gi'eat and weighty affairs, which the necessity of the times, the honour and safety of the king and kingdom, called for. And therefore his majesty doth assure you, that when * See Va.ec. 13. g4 BISHOP WILLIAMS. [a. D. 169,6, these great affairs are settled, and that his majesty hath received satisfaction of his reasonable demands, he will, as a just king, hear and answer your just grievances, which, in a dutiful way, shall be presented unto him ; and this his majesty doth avow. jSext, his majesty M'^ould have you to know of a surety, that as never any king was more loving to his people, nor better aflectioned 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 suffer to be violated by any pretended colour of parliamentary liberty; where- in his majesty doth not forget, that the parliament is his council, and therefore ought to have the liberty of a council ; but his majesty understands the difference betM ixt council and controlling, and bet;ween liberty and tlie abuse of liberty, This being set down in general, his majesty hath commanded me to relate some particular passages and proceedings, whereat he finds himself aggrieved. First, Whereas a seditious speech was uttered amongst you by Mr. Coke, the house did not, as they ought to do, censure and correct him. And wlien his majesty under- standing it, did, by a message by Mr. Chancellor of the Exchequer delivered to the house, require justice of you, his majesty hath since found nothing but protracting and delays. This his majesty holds not agreeable to the wisdom and the duty Avhich he expected from the house of commons. Secondly, Whereas Dr. Turner, in a strange unpar- liamentary way, without any ground of kno\\ledge in himself, or offering any particular proof to the house, did take upon him to advise the house to enquire upon sundry articles against the duke of Buckingham, as he pretended ; but in truth, to A^'ound the honour and go- vernment of his majesty, and of his renowned father : and his majesty, first by a message, and after by his 0A\ n royal mouth, did declare, that the course of en- A.D. 1626.] BISHOP WILLIAMS. 2^ quiry was an example, which by no way he could suffer, thouffli it were against his meanest servant, much less against one so near him ; and that his majesty did much wonder at the foolish insolency of any man that can think, that his majesty should be drawn, out of any end, to offer such a sacrifice so unworthy of a king or a good master ; yet for all this you have been so tar from cor- recting the insolency of Turner, that ever since that time your committees have walked in the steps of Turner, and proceeded in an unparliamentary inquisi- tion, running upon generals, and repeating that whereof you have made fame the ground-work. Here his ma- jesty hath cause to be exceeding sensible, that upon every particular, he finds the honour of his father stained and blemished, and his own no less; and m ithal you have manifested a great forwardness, rather to pluck out of his bosom those who are near about him, and whom his majesty hath cause to affect, than to tnist 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 wrought a greater reformation in nratters of religion, execution of the laws, and concernin at tiie duke of Buck- 26 BISHOP WILLIAMS. [a. D. l626. jngham, but findeth that these proceedings do directly wound the honour and judgment of himself and of his father. It is therefore his majesty's express and final commandment, that you yield obedience unto those di- rections which you have formerly received, and cease tliis unparliamentary inquisition ; and commit unto his majesty's care, and wisdom, and justice, the future refor- mation of these things, which you suppose to be other- wise tlian they should be. And his majesty is resolved, that, before tlie end of this session, he will set such a course, both for the amending of any thing that may be found amiss, and for 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 greatest council of state to be censured and traduced in the hquse, by men whose years and education cannot attain to that depth ; that foreign businesses have been entertained in the house, to the hmdrance and dis- advantage of his majesty's negotiations : that the same year, yea, the first day of his majesty's inauguration, you suffered 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, and sent a general ^var- rant to his signet ofttce, 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 unsufferable as it was in former times unusual. Next, I am to speak concerning your supply of three subsidies and three fifteenths, which you have agreed to tender to his majesty. You have been made acquainted with the greatness of his affairs, both at home and abroad ; ^vith the strong preparation of the enemy ; with the im- portance of upholding his allies, strengthening and secur- ing both England and Ireland, besides the encountering and annoying tlie enemy by a powerful fleet at sea ; and A. D. 1626.] BISHOP WILLIAMS. 27 the charge of all this having been calculated unto you, YOU have professed unto his majesty, by the nioutli of your speaker, your carefulness to support the cause wherein his majesty and his allies are justly engaged; your unani- mous consent and real intention to supply his majesty in such a measure as should make him safe at home, and feared abroad; and that in the dispatch hereof^ you would use such diligence as his majesty's pressing and present occasions did require. And now, his majesty having erected a proceeding suit- able to this engagement, he doth obseive that in two days only of twelve this business was thouglit of, and not begun till his majesty by a message put you in mind of it, wliilst your inquisition agauist his majer^ty's direction, proceeded day by day. And, for the measure of this supply, his majesty find- eth it so far from making himself safe at home, and feared abroad, as contrary wise, it exposeth him both to danger and discsteem; for his majesty cannot expect, without better help, but that his allies must presendy disband, and leave him alone to bear the fury of a provoked and powerful enemy, so as both he and you shall be unsafe at home, and ashamed and despised abroad. And for the manner of the supply, it is in itself very dishonourable, and full of distrust ; for although you have avoided the literal word of a condition, m hereof his majesty himself did warn you, when he told you of your parenthesis ; yet you have put to it the etlect of a condition, since the bill is not to come into your house until your gi-ievances be both preferred and ansu ered. No such thino; was in that expression and cno-age- ment delivered by your speaker, from wliich his majesty holdeth that you have recedeil both in matter and man- lier, to his great disadvantage and dishonour ; and there- fore his majesty commandeth, that you go together, and by Saturday next, return your hnal answer, A\hat fur- ther supply you will add to this you have already agreed on ; and tliat to be Avithout condition, eitiier direetlv or 8 DUKE OF BUCKINGHAM. [a. B. \66. indirectly, for the supply of these great and important affairs of his majesty, 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 : othenvise, if you do it, his majesty is well content that you shall sit 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. His majesty hath commanded me to add this, that therein 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. Last of all, his majesty hath commanded me, in ex- planation of the gracious goodness of his 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 the public, and to his majesty's service ; and that those that are willingly faulty are not many : and for the 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. Thti Diilx of BticJiinghams Speech on being accused before the Houxe of Lords*. IVly 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 me, by the house of commons; how well I stood in their opinions, not long since, your lordships know : and what * Sec page 12. A. p. 1626.] DUKE OF BUCKINGHAM. 2^ I have done since to lose their good opinion, I protest, I know not. I cannot so distrust my own innocency and heart, which abhors guilt, as to offer to decline any course or court of justice ; and, had they not brought my cause to your lordships, I so much trust in the justice and equity of this house, tliat it should have been my work to have done it; so as in tliis, 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 offices and places of high trust and eminence, may be discharged 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 wisli ; lor re- fusing to do all they wish ; they shall be given up in the time of their masters' wants, for a grievance or a sacrifice. For, this I shall confidently speak, from such crimes as truly deserve punishment from the state I hope I shall ever prove myself free, either in intention or act. My lords, I speak not this arrogantly; nor will I speak any thing else to cast dirt at tiiose vho have taken pains to make me so foul ; but to protest my innocency, in that measure m hich I shall ever iiope to prove, nay, am confident of, being before such just judges. I humbly beseech your lordships to be sensible* of me in this point, what dishonour I have sustained, not only at home but abroad ; therefore I humbly desire your lordships to hasten my trial, as soon as may be, that I may no longer suffer than 1 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. * regardful. so SIR DUDLEY DrboES. [a. D. 1626. And here, my lords, I had a purpose to offer unto your lordships my voluntary absence from this place, even now in the beginning of the handling of my cause, as your lordshi[)s may perceive in part, by my former carriage towards the earl of Bristol. For, doubting kast my presence might any way disturb him and put liim into passion, or any other way disadvantage him in his cause, I did voluntarily, as your lordships saw, absent myself: but now that my accusers 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 own particular, to any of their unjust demands ; but yet, 1 do submit myself in tliis, and in all things else, to your lordships' consideration. SIR DUDLEY DIGGES, Born in 1.583, was made master of the rolls in 1(>3(), and died in 1639. 1 have already given one or two specimens of the pompous stile ; but as the following extract soars to a still sublimer pitch, I could not resolve to omit it. After a slight introduction to the charge brought forward against the duke of Buckingham, his titles were formally enumerated, and then Sir Dudley Digges proceeded My Lords, '^Ihe lofty titles of this mighty prince do raise me higher : and now, to speak with a/MZffo inajoracaiiamus, let it not displease your lordships, if for a foundation I compare the beautiful composition, and fair structure of this monarchy and commonwealth wherein we live, to the great work of God, the world itself, Avherein there is the solid body of incorporated earth and seas, which I conceive in regard of our husbandry, our manufacture, and commerce, by sea and land, may well resemble us the commons. A.D. IG26.] SIR DUDLF.y DICGF.S. SI It is encompassed with air and fire, and spheres ce- lestial, of planets, and a firmament of fixed stars ; all which receive their heat, tlieir light, their life, and lustre, fi'om one great glorious sun, even hke the king our sove- reign lord. That firmament of fixed stars I take to be your lord- ships; the planets, the great officers of the kingdom ; tliat 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 w herein we breathe ; all these encompassing round, with cherishing comfort, this body of the commons, who do in truth labour for tliem 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 this earth an exhalation that shall take fire, and burn, and shine out like a star, it cannot be marvel- led at if the poor commons gaze and wonder at the comet, and when they feel the effects, impute all to the corruptible matter of it. But if such an apparition like that in tlie last age, in the chair of Cassiopeia, happen amongst the fixed stars themselves, where Aristotle, of the old philosophers, 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, m hen 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, liiat may behold it at a better distance. Such the comnio.is appreiiend the great duke of Buckingham to be, against w hom, and his ^^ays, there are, by learned gentlemen, legal articles of charge to be delivered, which I am commanded first to open generally. 32 MR. JOHN PYM. [a.D. l6^6. MR. JOHN PYM, One of the great leaders of the republican party, was member for Tavistock. He died in l643. The subject of the speech is the charge against the duke of Buckingham, of which he was one of the managers. It certainly contains a great deal of good sense, strongly expressed. 31):. Pynis Speedi. My Lords, The matter of fact needs no proof, being so notorious; and therefore I shall insist only upon the consequence which made this fact of the dukes a grievance in the commonwealth; and conclude with strenijthcnin and sticking-plaistcr, applied by the duke of Buckingham to James I. a little before his death, is a proof of the gravity with which o\ir ancestors could treat the meanest subjects, when they were con* nected with jierious consequences. Mr. fra?idcsfor(ts Speech. Thus have your lordships heard this charge against the duke of Buckingham briefly stated ; and now may it please you to have represented also to your wisdoms and Justice the nature of this offence in itself, and how it stands aj^parelled with circumstances. The various composition and structure of our bodies^ the several natures and degrees of diseases, the quality and power of medicines, are such subtle mysteries of nature, tliat tlie knowledge tliereof is not appreliended without gieat study and learning, not perfected without long practice and experience. This tender consideration induced, it seems, tlic charity and providence of that law, which makes it penal for unskilful empirics, and all others, to exercise and practise physic, even upon com- mon persons, w ithout a lawful calling and approbation ; branding them that shall thus transgress as mprobos, malitiosos, temerarios et audaces homines : but he that without skill and calling shall direct a medicine, which upon the same person had once wrought bad effects enougli to have dissuaded a second adventure, and that when physicians are present, physicians selected for learning, and art, prepared by their office and oaths, without their consent, nay, even contrary to their directions, and in a lime unreasonable, 1 say, must needs be guilty. D 2 36 M.Ei WAXDESFORD. [a.D.16G6. albeit towards a common person, of a precipitate and unadvised rashness ; but to practise, my lords, such ex- periments upon the sacred person of a king, so great, so good, so blessed a prince; a prince, under the protec- tion of whose justice (to use the words often recorded by himself) every man sat under his own vine, and eat of his own fig-tree, extends this fault, this attempt, be- yond all precedents, beyond all example ; for though tlie days of the greatest princes, like their meanest sub- jects, be numbered, and a time appointed Mhich they caimot pass, yet, while they are upon the earth, they are 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 laws, to put tlie 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 felou}^, shall not excuse him of treason. And how wary and how advised our ancestors have been, not to apply any thing of this kind to the person of a king, may appear by a precedent in the 32d Hen. VI. where John Arundel, and others, the kings })hysicians and surgeons, thought it not safe forthem to administer anv thing to the king's person, A^ithout the assent of the privy-council, and express licence under the great seal of England. I beseech your lordships to behold the difference of times : the modesty, the duty of those physicians, rc- fctrained them from acting that which their judgment and experience might have justified. But I am com- manded to say, the boldness of this loi'd admits no warrant, no command, no counsel, but, transported by the })assions of his own will, he ventincs upon the doubtful sickness of a king, with a kind of high. sole, ftnd single counsdling. '1 he ejtlects whereof, as in all A.D.\6t().] .'MR..WAN-DESFORD. 37 Other things, 50 especially hi such as tliis, have ever been decried as leading to nun and destruction. Surely, my lords, Si hcec Jiant in xiridi, in arido quid fiat ? If this be offered to tlie anointed person of a king, what shall become of the conmion {)erson of a subject ? What colour shall be given tliem, my loids, what ex- cuse can be framed for a servant (a servant, too, obliged as much as ttie bounty of a great king, and the goodness pf a master could make him) so much forgetting his duty as to hazard buch a majesty upon so slight, so poor pretences ? Admit, my lords, (for that is all that can be ailedged in this great duke's defence) that this sprang from af- fection to his great master, 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 amconmmnded to say, what beliet^ w hat hopes could he have of this the second time, m hen the former appeared so unsuccessful ? It is a faint affection, my lords, where judgment doth not guide ; a well regulated judgment should have di- rected a more advised, a more orderly proceeding ; but whether it were a fatal error in judgment onlv, or some- thing worse, my lords, in his affections, the house of conmions leave to your lordships to search into and judge ; only give me leave to remember, that this me*' dichie found his majesty in the declination of his dis- ease, and ue all wish it had left him so ; but his blessed days were soon hurried into worse, and, instead of health and recovery, your lordships shall hear, bv good t(;stimony, (that which troubles the poor and loval com- mons of England) of greater distempers, as drought, raving, a fainting and intermitting pulse; strange etiects, my lords, to follow upon the apj)lying of a mere treacle [)laister! but the truth is, my lords, these testimonies tell us, that this plaister had a strange smell, and an invective quality, striking the miuignity of the disease 38 MIL. wandesfoAd. [a.d. 162:(). imvard, which nature otherwise might have expelled outwards. And when I call to mnid, my lords, the drink twice given to his majesty by the duke of Buckingham's own hands, and a third time refused ; and the tblloMing complaint of that blessed prince, the physicians telling him, to please him for a time, that his second impair- ment 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 Caesar in the senate ct til Brute, et tufili? Here, perhaps, your lordships may expect to hear what hath been done in like cases heretofore. It is true, indeed, the former charges were not ^^ithout example ; but as Solon said of his laws not providing against par- ricide, his reason was, because he thought no man was so wicked as to commit it; so do we not find recorded to i)osterity any precedent of fonner 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, as gi'eat as this duke, have been questioned and con- demned for less offences against the person of their sove- reign. And not to trouble your lordships with much repe- tition; it was an article, amongst others, laid against the duke of Somerset, for carrying Edward \\. away in the night time, of his own head, but from Hampton Court to Windsor ; and yet he w^as 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. A. D. 1626.] JIH. WANDESFORD. 39 The law judgeth a deed done in the execution of an unlawful act, manslaughter, which otherwise would have been but chance medley; and that this act was unlawful, the house of commons do believe, as belonging to the duty and vocation of a sworn and experienced physician, and not to the unskilfulness of a young lord. And so precious are the Hves of men in the eye of the law, that though Mr. Stanford saith, 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 Mr. 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 theuiselves accountable for the death of their patients, if it appear they have transgressed the 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 Mill appear in its own colours. And I am furtlier 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 intirmities and weakness of me the speaker, but be pleased, in your honour and justice, thoroughly to examine the truth, and then to judge, 40 SIR DUDLEY CARLETON. [a.D.'I^SS. 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 SirT)udlcy Carleton's, '^'" that he was a great traveller, and a very well-meaning man. He - was born 1573, and died l631. Before his death he w'as created ' Viscount Dorchester. &*r Dudley Carktons Speech. I FixD, 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- Ycis ; for as we were bound unto JVIarseilles, 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 ; all 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 eome 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 Ave must take a ncAv point to rectify and bring us out of danger. This house of parliament may be compared to tlie sliip ; the sands to our messages ; and the commitment A. D. 162,6^.] SIR DXJDIIEY CARLETON. 41 to the sands that the ship did stick fast in ; and kistly, the compass, to the table where the book of orders dotU lie. ; Then, I beseecli you, let us look into tlie book where the orders are, whether the gentlemen did go no further than the order did wammt them: if they did not, it is fit that we should defend them whom ^^e em- ployed in our behests; Init if tliey have exceeded their connnission, and delivered that which tlicy had not war- rant for, it is just that A\-e let them suiter for this presumption; and this our course ^vill bring us from these rocks. I beseech you, jrcntlemen, move not his majesty Avith trenching u{)on liis prerogatives, lest you bring him out of love widi parliaments. You have heard ids ma- jesty's often messages to you, to put you forward in a course that will be most convenient. In those mes- sages lie told you, that if there were not coiTespondency between him and you, he should be enforced to use new counsels. Now, I pray you consitler, what these new 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 their kinjidoms were governed in a most fiourishincr manner, imtil 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 their prerogatives, and at last overthrew the parliaments throughout Christendom, except here only m ith 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 hke our nation, Avith store of. flesh on their backs, but like so njany ghosts, and not men ; being nothing but skin and bones, with some thin cover to their nakedness, and wearing only wooden shoes on their feet ; so that they cannot eat meat, or wear good cloths, but tliey must pay and be taxed unto the king for it. This is a misery beyond expression, and that which yet we ar'j free from. Let 42 SIR DUDLEY CARIETON. [A.t). 162,6. US be careful, then, to preserve the king's good opinion of parliaments, which bringeth this happiness to this nation, and makes us envied of all others, m hile there is this s>veetness between his majesty and tlie commons, lest we lose the repute of a free-born nation, by turbu- lency in parliament; for, in my opinion, the greatest and wisest pait of a parliament, 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 coiTespondency 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, without 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 those gentlemen that are committed. You know that eight members were chosen to deliver the charge against the duke ; but there were only six employed for tliat purpose, and to these tliere was no exception. As for Sir Dudley Uigges'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 plaister applied to tlie king, that he did forbear to speak farther in regard of the 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 this point his majesty is asi^red, 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 ^^hole charge, and specially * That is, obstinately silent. A4 D. 1626.] SIR DUDLEY CARLETON. 43 upon some of the heads of it; (as I never heard the hke in parliament before, but I have indeed heard the Ukc 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 Buckinghiun, and 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 would not suffer it to be touched, though with never so tender a hand, for fear it might prove a changeling ; m hich did manifest, how specious soever his pretences a\ ere, that he had oculiim 2?i cauda ; and, I must confess, I was heartily sorry, ^vhen he delivered his aggravation to the lords, to see his tartness against the duke, when as he had 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 then Im was not convicted, but stood rectus in curia, l^astly, 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, without warrant from the house, insisted upon the composition of the plaister, as if there were aliquid latet quod )wn patct, this was beyond his commission from our house, and this is that "which his majesty doth exce})t against: and this, I say, drew liis majesty, with other insolent invectives, to use his royal authority in committing him to the Tow er. I move, there- fore, for a grand committee, to consider of the be*t re- medy to get us out of this strait. 4^ SIB liEXEAGE FINCH. [a.I).:1^26. SIR HENEAGE FINCH*. The Speakers Speech, on delivering the Declaration of the House of Commons, relating to the Supply. \,, Most gracious and dread sovereign, According to that liberty of access, and liberty of speech, which 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 royal tlirone. And out of their consideration of the nature, and of the weight and importance of the busin3ss, they have thought the attendance of the whole house, with their speaker, not too solemn ; and yet. they have not thought lit barely to commit those words, which express their thoughts, to the trust of any man"s speccii, 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 arc like to be. * , I have much to read, and shall, therefore, as little as 7 can, weary your majesty mXh 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 Immble petition to your majesty, for the re- moval of that great person, the duke of Buckingham, from access to your royal |)resence. For the first. They beseech your most excellent ma- jesty to believe, that no earthly thing is so dear and prc- * Sec a former iirliclc, page 1 7, A.D. l(3-2().] Slit-ftENKAbE 'FI*fCII. 4.5 cious to theiii, as tliat your majesty should retain them in your grace and good opinion ; and it is grief to tiiein, beyond niv expression, that any mfsinfommtion; or mis- interpretation, should at any time render tiieir ^vords or proceedings offensive to your majesty. It is not proper for any one to hear the eclio of a voice, tliat hears not tlie 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 misreported, thouiih bv an echo, or but an echo of an echo, at a third or fourth hand, have oft a louder sound than tiie voice itself; and may sound disloyalty, though the voice had nothing undutiful or disloyal in it iSuch misinformations, they fear, have begot interrup- tions and divisions, which have delayed the ripening and expediting of those great counsels, wiiich concera your majesty's important service, and have enforced this declaration. I pass from that to tlic petition ; in vviiich my purpose is not to urge tlvose reasons, Avhich your majesty mav hear expressed in tlieir own words, in the language of the people. I am only directed to offer to your great m isdoni, and deep judgment, that this petition of theirs is such, as may stand witli your majesty's honour and justice to grant. Your majesty hatli been pleased to give many royal testimonies and arguments to the world, how good and gracious a master you are ; and that, which the cjueen of Sheba once said to the wisest king, may. without flat- tery, be said to your majesty ; Happy are those servants M'hich stand continually before you. Ikit the relations, bv whicli your maiestv stands in a gracious aspect tOA\ar(is your ])eople, do far tnmscend, and are more prevalent and binding, than any relation of -*i master towards a servant ; and to hear and satisfy tJie 46 JfR. CRE.SKELD, [a. D. 16^0. just and necessary desires of your people, is more Iio- nourable than any expression of grace to a servant. To be a master of a servant, is communicable to many of your subjects ; to be king of a people, is re- gal, and incommunicable to subjects. Your majesty is truly stiled by that name, which the greatest emperors (though they bon'ovv of names and titles, from tliose countries which they gained by con- quest,) most delighted in. Pater Patrice', and the desires of children are preferred before those of servants ; for the servant abideth not in the house for ever, but the son abideth ever. The government of a king was truly termed by your royal fatlier, a politic marriage between him and his 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 legtd dissertation are conceits, they are nevertheless ingenious and po- etical conceits. Air. CiTskeld's Speech on the Detention of some Mem- hers of the House. I STAXD up to speak somewhat concerning the point c& 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 are meuibers of this house ; but howsoever, sure J A. D. 16^2Q,] .,4m. CRESKEi^p. 47 am, that, in respect of my own inabilities, I am tlie puisne of tl\e whole house : therefore, according to the usual course of students in our pi-ofession, I may, as tlie puisne, speak iirst in tuiie, becaitse I can speak least in matter.. .; .^^-juuik j-.- ?,.;->;?^u.hvi; ; In pursuance of which course, I shall rather put the case, tlian argue it ; and therefore I shall humbly desire, (irst 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', tliat tliey, by their learned judgments, w ill supply the great defects I shall discover, by declaiing of my unlearned opinion. Before I speak of tlie question, give me leave, as an entrance thereimto, to speak first of the occasion. Ye all know that justice is the life and the heart's blood of the commonwealth ; and if tlie 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 cohimna ct corona reipub- lica ; she is both tlie column and the pillar, the crown and the glory, of the commonwealth. This is made good in scripture, by the judgment of Solomon, the wisest king that ever reigned on earth. For first, she is the pillar; for he saith, That by justice the throne is es- tablished. Secondly, she is tlie crown ; for he saith, That by justice a nation shall be exalted. Our laws, which arc the rules of justice, are the tie plus ultra to both the king and the subject; and, as tliey are liercules's pillars, so are tliey 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 4S . MR. CRESKElrD. [a.d. 16^6, bruised any of the branches of this tree, that either our persons, or goods, or possessions, have not the same shelter as betbre, yet, let us not therefore neglect the root of this great tree ; but rather, m ith all our possible meiins, endeavours, and unfeigned duties, both apply fresh and fertile mould under it, arid also water it even ^^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 the church, that though preces regum sunt armatae, yet arma subditorum are but only preces et lachryma. I know well that cor regis mscrutabile, and thai kii>gs, although they are but men before God, yet they ere god J5 before men; and therefore, to my gracious and dread sovereign, (whose virtues are true qualities inge- nerate, both in 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 there are the flowers of the sun, which are so glorious, that they are to be handled only by royal mar jesty; so are 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 dieiy this bona Ubertas, of which I am now to speak, is not one onlv, but the cliief A. D. 1627.] SIR ROBERT PHILIPS, 4,9 SIR ROBERT PHILIPS. In this apparently unstudied address, we meet, for the first time, with real warmth and eloquence. 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 semtude. This may, with some resemblance and distinction, well set forth our present state, Avhere now, after the revolution of some time, and grievous sulferancc 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 new illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well re})rescnted by divers worthy gen- tlemen before me ; yet one grievance, and the main one, as I conceive, hath not been touched, which is our re- ligion ; religion, Mr. Speaker, made vendible by com- mission; and men, for pecuniarv annual rates, dis- pensed withal, whereby papists may, Mithoul fear of law, practise idolatry. For the oppressions under which mc groan, I draw them under two heads : acts of power against law, and judgments of law against our liberty. Of the first sort arc, strange instructions, violent ex- actions of money thereupon, imprisonment of the per- sons of such who (to deliver over to their posterity th^ VOL. I. z 50 SIR ROBERT PHILIPS. [a.D. 1627. liberty they received from their forefathers, and law- fully were in possession of) refused so to lend ; and tills aggravated by the remediless continuance and lengtli thereof; and chiefly the strange, vast, and unlimited power of our lieutenants and their deputies, in billet- ing of soldiers, in making rates, in granting warrants for taxes as their discretions shall ijuide them. And all this aganist the law. These last are the most insupportable burdens that at this present afflict our poor country, and the most ciuel oppression that ever yet the kingdom of England endured. These upstart deputy lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by laAv), are the worst of grievances, and the most forward and zealous executioners of those violent and unlawful courses which have been com- mended unto them ; of whose proceedings, and for the qualifying of whose unruly pow*er, it is more than time to consult and determine. Judgments of law against our liberty there have been three, each latter step})ing forwarder than 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 the judgment of the po.stnati, whereby a nation (A\hich 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 enjov; and this especially argued in the exchequer chamber by all the judges oj' England. Tlie second was, the judg- ment ujion impositions in the exchequer court, by the ba- rons, which hath been the source 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 the king, argued and pronounced but i>y one judge alone. I can live, although another who has no right, be put A.D. lGi27.] SIR EDWARD COKE. 51 to live vvitli me ; nay, I con live, although I pay ex- cises and impositions more than I do ; but to have my liberty, which is the soul of my life, taken from me by power, and to have my body pent up in a goal, with- out remed} by law, and to be so adjudged ! O impro- vident ancestors !^0 unwise forefatliers ! to be so cu- riou> in providing for the quiet possession of our laws and the liberties of parliament, and to neglect our per- sons and bodies, and to let them lie in priscjn, and that durante bene placito, remediless ! If this be law, why do we talk of liberties ? Mliy do Me troubie ourselves with a dispute about law, franchises, property of goods, and the like ? what may any man call his o^v n, if not the liberty of his person ? I am weary of treading these ways, and therefore con- clude to have a select committee deputed, to frame a petition to his majesty for redress of these things ; which being read, examined, and approved by the house, may be delivered to thc'king, of whose 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 tliis to be. the critical parliament as was insinuated, or this a way to distraction ; but assure ourselves of a happy issue: then shall the king, as he calls us his great council, find us his good council, and vvn us as his ^ood council which God 2;rant. SIR EDWARD COKE*. Whex poor England stood alone, and had not the 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. E '2 52 SIR EDWARD COKi:. [a.d. 1627- the fiarliainent gate God tlianks for his victory against the kings of Scotland and France ; he had them botii in Windsor Castle as prisoners. What was the reason of that conquest ? Four reasons were given. 1. The king was assisted by good counsel, g. There were va- liant men. 3. They were timely supplied. 4. Good employment. In 3 Richard II. the king was environed with Flcm- iitjrs, Scots, and French ; and the king of England pre- vailed. In 13 Richard II. the king was environed with Spa- niards, Scots, and French ; and the king of England prevailed. Iti 17 Richard II. wars were in Ireland and Scot- land ; and yet the king of England prevailed, and thanks were given to God here ; and I hope I shall live to give God thanks for our kin^j's victories. In 7 Henry IV. one or t^vo great jnen about the king so mewed him up, that he took no other advice but from them ; whereupon the chancellor took this text and theme in his speech at the parliament: Multorum consilia requiruntur in onagiiis, in hello qui maxime fiment sunt in mcLvimis periculis. Let us give, and not be afraid of our enemies ; let us supply bountifully, chearfuUy, and speedily, but enter not into particulars. Solomon's rule is, Qui repetit separat, nay separat fcedcratos. We are united in duty, &c. to the king. The king hath fourscore thousand pounds a year for th? navy, and to scour* the narrow seas ; it hath been taken, and we are now to give it ; and shall we now give more to guard the seas ? besides, when that is taken of our gift, it may be diverted another way. It shall never be said, we deny all supply. I think myself bound where there is commune periculum, there must be commune auxiimm. A. p. 1627.] MR. SELDEN. 5S ME. SELDEN*. Mr. Seldens Speech against Illegal Arrests. Your lordships have heard from the gentleman that f^poke last, a great part of the grounds upon which the house of commons, upon mature deliberation, proceeded to that clear resolution, touching the right of the liberty of their persons. The many acts of parliament, which are tlic written laws of the land, and are expressly to the point, have been read and opened, and such ob- jections as have been by some made unto them, and objections also made out of other acts of parliament, have been cleared and answered. It may seem now perhaps, my Lords, tliat little remains needful to be further added, for the enforcement and maintenance of so fundamental and established a right and hberty, be- longing to every freeman of the kingdom. The house of commons, taking into consideration, that in this question (being of so high a nature, that never any exceeded it in any court of justice whatsoever), all the several ways of just examination of tlie truth should be used ; have also most carefully informed themselves of all former judgments or precedents con- cerning this great point either way, and have been no less careful to the due preservation of his majesty's pre- rogative, than of their own rights. The precedents liere are of two kinds ; either merely matter of record, or else the formal resolutions of the judges, after solemn debate on the points This point that concerns ])rccedents, the house of connnons have commanded me to present to your lord- ships ; whicli I shall as briefly as 1 may, so I do it faith- fully and })crspicuously ; to that end, my lords, before * Sec betbrr, Page C:. 54 MR. SELDEN. [a.d. 1(5*27- I come to the particulars of any of those precedents, I shall first remember to your loi-dships, that which will seem as a general key for the opening and true appre- hension of all those on record; witliout which key, no man, unless he be versed in the entries and course of the king s bench, can possibly understand. In all cases, my lords, where any right or liberty be- longs to the subject by any positive law, written, or un- Avritten, if there were not also a remedy by law, for enjoying or regaining of this right or liberty, when it is violated or taken from him, the positive law were most vain, and to no purpose; and it were to no purpose for ajiy man to have any riglit in any land, or other inheritance, if tliere were not a known remedy ; tliat 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 laAv for regaining it when it is restrained, it Mere to no purpose to speak of laws that ordain it should not be restrained. The w rit of habeas corpus, or corpus cum caiisa^ is the highest remedy in law for any man that is imprisoned, and the only remedy for him that is imprisoned by the special command of the king, or the lords of the [)rivy council, without sheA\- ing tlie cause of connnitment ; and if any man be so imprisoned by any such command or otherwise whatso- ever, through England, and desire, by liimselfor any other in ]iis behalf, t|iis writ of habeas corpus for the purpose in the court of king s bench, that Avrit is to be granted to him, and ought not to be denied, and is directed to tlie keeper of tlie prison, in whose custody the prisoner re- mains ; commanding him, that after a certain day he bring in the body of the [)risoner, cum causa dcfcut'ionis, and sometiujes, cum causa captionis; and he, "with his re- turn filed to tlie writ, bringeth the jiii^oner to the bar at the time appointed, and the court judgeth of the suf- ficiency or iiiruiiiciency of the return; and if they find him bailable, commit tiiur marcscallo, the proper officer A. D. 1627.] MR. SELDEN. 5.5 belonging to the court, and then afterwards tradilur in baU'mvi \ but if, upon the return of the habeas corpus, it appear to the court, that the prisoner ought not to bo bailed, nor discharged from the prison \shcnce he is brought, then he is remanded and sent l)ack again, to continue till by due course of law he may be delivered ; and the entry of this is remittitur qugusque secundum le- gem deliberatus fuerit, or remittitur quousque, (f^'c. which is all one, and the highest award of judgnicnt 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 ; Avhicli resolution, as it is groimded upon acts of parlia- m(3nt already shewn (the reason of the law of the land being committed to the charge of another to open unto you), so it is strengthened by many precedents of re- cord. He then produced twelve piecedents, full and directly in the 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 offered to their consideration other kind of precedents, which were solemn resolutions of judges ; tilings not of record, but yet remaining in authentic copies ; which precedents and authorities we omit for the length thereof lie then proceeded, and said, The house of commons (desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the u4th year of the late queen, cited in tlic case of Sir John Ileveningham, hytlic kinij's counsel, as arguments against his not being bailed) have got into their liands a book of select cases, collected by the revercnid and learned Judge, chief Justice /vnderson, all written with his own hand, which he caused to be read. These precedents, 5aith he, do fully resolve for tlie maintenance of tiie 56 EARL OF WARWICK. [a.D. l628 ancient and fundamental point of liberty of the person, to be regained by habeas coi^pus when any one is imprisoned. Then he concluded, that having thus gone through tlie charge committed to him by the house of commons, he should now, as he had leave and direction given him, lest tlieir lordships should be put to much tioublc and expence of time, in finding and getting copies at large of those things which he had cited, oifer also to their lordships authentic copies of them all, and so left them, and a\ hatsoever else he had said, to tlieir lord- ships' further consideration. ROBERT RICH, (Created Earl of Warwick, and Lord Rich of Leeze, by James I.) I have given the following speech on the right of the crown to im- prison the subject without any reason shewn, for its good senwr and logical acuteness. The Earl of JVaruicUs Speech. jMy Lords, I WILL observe something out of the lav/s, ^'herein this libertvof the subject's person is founded, and something out of the precedents which have been alledged ; as to magna charta, and the rest concerning these points, they are acknowledged by all to be no^v in force ; tliat they were made to secure the subjects from Mrongful imprir;onment ; and that they concern the king as much, or rather Riore, than the subject. Well then, besides magna charta., and those six other acts of parliament in the very point, we know that magna chari'i itself has been at least thirty times confirmed; so that now, at this timCp we have thirty-six or tliirty-sevcn acts of JL, D. 1623.3 ^ARL or WARWICK. S7 parliament to confirai this liberty, although it was made a matter of derision the other day in this hou^e. One is that of 36 Edward III. No. 9, an(^ another in the same year, No. 20, not printed, but yet as good as those that are ; and that of 42 Edward III. Cap. 3, so express in the point, (especially the petition of the commons that year, which was read by Mr. Littleton, with the king's answer, so full and free from all excep- 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 parlia- ment, and in a case so clear, go about by new glosses to alter tliese old and good laws, we shall not only tbr- sake the steps of our ancestors, who, in cases even of small importance, would answer noliimus leges Anglice mutari, but we shall yield up and betray our right in tlie greatest inheritance the subjects of England have ; and that is tlie laws of England. Truly, I wonder how any man can think that 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 chaj^ta is. That no freeman shall be imprisoned, but by lawfil judgment of his peers, or the law of the land ; it has been insisted on by some, that by these words, the law of the land, it is to be understood, that the king hath power to coumiit 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 the law saith, the king sliall 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- sons and estates, and labour so much to get a law, 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 subjects without a cause shewn, that then the party must lie 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 deHvered upon habeas corpus^ and that constantly. It is true that some precedents were brought on the king's part, that \\hen some of tliese persons desired to be delivered by habeas corpus, the king, or his council, signified his majesty's pleasure that thoy should be delivered ; or the king's at- torney hath come into court and released them by the kings 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, tiian furthered it by his letters, and so make the prisoners rather beholden to him for his great mercy, than to the judges for justice, had not his ma- jesty known that, at that time, they ought to have been delivered by law ? I think no man would imagine a wise king would have sufiored his grace and prerogative (if any pr(r.)gative there vere) 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 bv them committed, without cause shcAvn, as that on the other side, (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 |)crson committed, without any cause shewn, might not be delivered Ijy tlie judges Avithout his con- sent, it Avould have appeared, by one precedent or other. A. D. 1628.] EARL OF WARWICK amongst all that have been produced, that his iiiujesty would have made some claim to such a prerogative ; but it appears, on the contrary, that in many of these cases the king nor his council did ever interpose ; and m here they did, it was always in affirmation and encourage- ment to that court to proceed. And besides, tiie writing of letters from the king to the judges to do justice to his majesty's subjects, mav, with as great reason, be in- terpreted, that without those letters they might not do justice; as this, that the king signiticd his Aviilingiie.ss that such and such persons, which were commiUid by him without cause shewn, should be delivcjed, therefore they could not be delivered without him ; wliich is a strtmge reason. So that hnding 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 command ever given to tlie contrary, nor no claim made on the kings part to any such prerogative; I may safely con- clude, as tlie house of commons have done : and if any one precedent or ts\o, of late, can be shewn, that the judges have not dehvcred the prisoners so commit- ted, I think it is their fault, and ought to be enquired of; but contrarily, it seems to me to be an undoubted right of the subject, that if he be committed without cause, or without cause shewn, yet he may have some speedy course to bring himself to trial, either to justify his ow n iimocency, or to receive pmiishment accord- ing to his fault ; for Crod forbid that an innocent man, by the laws of l^ngland, should be put in Morse case than the most grievous nralcfactors are, as must needs be, if, when a cause is sliewn, he may have his trial; but if none, he nmst lie and pine in prison during the king's pleasure. Mr. Serjeant Aslilev, the other dav, told your lord- ships of the emblem of a king ; but, bv his leave, he niade a \\rong use of it : for tiie king lioids in one hand the globe, and in tiie othtr the sceiHre, the types oi' 60 SIR EDWARD COKE. [a. D. l628. sovereignty and mercy ; but his sword of justice is ever canied before him by a minister of justice, which shews that subjects may have their remedies for injustice done, and that appeals lie to higher powers; for. the laws of England are so favourable to their princes, as to declare that they themselves can do no injustice. Therefore I will conclude, as all disputes should do, magna est neritas et prczvaleh'it ; and I make no doubt, we living under so good and just a prince as we do, when this is represented unto him^ he will answer us, magna est charta et prcexialebit. SIR EDWARD COKE. Sir Edward Cokes Speech against inserting the words " Sovereign Pozver,'' as applied to the Frerogative^ in an Address to the Throne. This is magnum inparm. This is propounded to be a conclusion of our petition. It is a matter of great weight, and to speak plainly, it will overthrow all our petition; it trenches to all parts of it; it flies at loans, at the oath, at imprisonment, and at billetting of sol- diers. This turns all about aijain. Look into all the petitions of former times ; they never petitioned wherein there was a saving of the king's sovereignty. I know tliat prerogative is part of the law ; but sovereign power is no parliamentary word. In my opinion it weakens ijiagna charta, and all the statutes ; for they are abso- lute, without]any saving of sovereign power ; and should we now add it, we shall weaken the foundation of law, and then the building must needs fall. Take we heed what we yield unto. Magna charta is such a fellow, A.D. 1628.]' MR. ROUSE. 6l that he will have no sovereign. I wonder this sovereign was not in magna ckarta, or in the confirmations of it. If we grant this, by implication we give a sovereign power above all laws. Power in law is taken for a power with force; the sheriff shall take the power of the county ; what it means here, God only knows. It is repugnant to our petition, that is a petition of right, grounded on acts of parliament. Our predecessors could never endure a salvo jure siio, no more than the kings of old could endure for the church, salvo honor e Deiet eccksice. We must not admit of it, and to qualify it is impossible. Let us hold our privileges according to the law : that power that is above this, is not fit for th king and people to have it disputed further. I had ratlier, for my part, have the prerogative acted, and I myself to lie under it, than to have it disputed. FRANCIS ROUSE Was a native of Cornwall. lie represented Truro in the lang parlia- ment, was one of the lay members of the assembly of divines, and speaker of Barebone's parliament, and died in 1659. His speech against a Dr. Manwaring, who had written a flaming monarchical sermon, is so remarkable for its fanatical absurdity, and the un- couthness of the stile, that it certainly deserves a place in this ollecLion, as a curiosity. Mr. Rouses Speech. Mr. Speaker, I AM to deliver, from the committee, a charge against Mr. iVf anwaring, a preacher and doctor of divinity ; but a man so criminous, that he hath turned his titles into accusation, for the better they are, tlie worse is he that dishonours them. 6'J5 ?iR. RousK. [a. D. 1C2S. Here is a great charge that is upon hhn ; it is great in itself, and great because it hath many great charges in it; scj'peihs qui scrpentem devorat, sit draco ; his charge having digested many charges into it, becomes a mon- ster of charges. The main and gi'eat one is this : a plot aiTd practice to alter and subvert tiie frame and fabric of this estate and commonwealth. This is the great one, and it hath others in it that give it more weight. To this end, 1 . lie labours to infuse into the conscience of his ma- jesty, the persuasion of a power not bounding itself with iiiws, wliich king James, of famous memory, calls in his speech to the parliament, tyranny; yea, tyranny ac- companied w ith perjury. 2. He endeavours to persuade the conscience of the subjects, that they are bound to obey commands illegal ; yea,, he damns them for not obeying them. 3. He robs the subjects of the property of their goods. 4. He brands them that w ill not lose this property with most scandalous speech and odious titles, to make 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 iiis fello^\ s, he seeks to blow up parliaments and parlia- mentary pow ers. These five, being duly viewed, will appear to be so many charges ; and they make up altogether the great and main cliarge a mischievous plot to alter and sub- vert the frame and government of this state and com- mon wealth. And now, though you mav be sure that i\Ir. ^lan- waring leaves us no pro})erty in our goods, yet that he hath an absolute property in this charge, audite ipsam b.tlluaiiL Ilear himself midiing up his own charge. Here Air. lioiisc lead severed passages out of his A. D. 1628.] 3IE. ROUSE. iSS book, and then proceeded : You have heard his charge made up by liis own words, and w ithal, I doubt not but you seem to hear the voice of that wicked one, (jidd dabitis ? what will you i^ive me, and I will betray thi* state, kingdom, and commonwealth? But there are two observations (I mi^ht add a third, which is like unto a three-fold cord which cannot ea- sily be broken), w ill draw the charge more violently upon Jiim. The first is of the time when this doctrine of desti'uc- tion was set forth. It m as preached in the heat of the loan, and of those imprisonments which accompanied the loan, and it \\as printed h.\ the beginning of that term, which ended in a remittitur ; so that you might guess there might be a double plot, both by law and conscience, to set on fire tJie 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 tiiis doctrine of the loan, in case of necessity, Avas tiie year after an assent in parlia- ment to four subsidies and three tifteenths, which might have served for a suflicient stopple for the doctor's mouth, to keep in his d(;ctrine of necessity. A second observation may be of the means by which he seeks to desti'oy t!ie commonwealth : his means are divinity ; yea, by his divinity he would destroy both king and kingdom. 1. The king for can there be a greater mischief to a prince than to put the opinion of deity into his cars? lor, if from his ears it sliould 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 pai-t may seem to qualify, yet all doth seem again to fill up that qualification, and very dan- gerously, if we remember what God saith of liimself: I am a jealous God. 2. He goes about to destroy the kincrdom and com- 9 8 ^4 MR. ROUSI. [a. D. 1625. monwcalth by his divinity ; but do we ever find in scrip- ture such a divinity ? Surely I find there tliat God is a God of order, and not of confusion, and that the son of Ciod came to save, and not to destroy ; by which it seems he hath not his divinity fi'om God, nor from the Son of (jod. But from the scriptures, I find 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 wliom he consulted and traded for his di- vinity ; but, not to bely even hell itself, the Jesuits are lionester 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 brought forth : yea, in his quotations he hath used those shifts and falshoods, for which l)oys are Avhipt in schools ; and yet by them he thinks to carry the cause of a kingdom. But, 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 Mr. Manwaring's own authors affirms, that the king may know what to command, and the people what to obey. But Mr. ]\fanwaring, finding the law of this kingdom \^Titten in books, tears it in pieces, and that in the pre- sence of the Lord, in a pulpit, that the king may not Jtnow what to command, nor the people what to obey. Thus IMr. ]\fanwaring, being contrary to a true pro- phet, must needs be a false one ; and the judgment of a false prophet belongs to him. I have shewed you an evil tree, that bringeth forth evil fruit; and now it rests with you to detennine whe- ther the following sentence shall follow : Cut it down, and cast it into the fire ! A. D. 1628.] SIR JOHN ELLIOTT. 65 SIR JOHN JELLiorr. The following is a noble instance of parliamentary eloquence ; for the strength and closeness of the reasoning, for the clearness of the detail, for the earnestness of the stile, it is admirable: it in some places reminds one strongly of the clear, plain, convincing, irre- sistible appeals of Demosthenes to his hearers. There is no affecta- tion of wit, no studied ornament, uo display of fancied superiority ; his whole heart and soul are iu his subject, he is full of it ; his mind seems as it wore 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 his ideas give vehemence to his expressions, and he convinces others, be- cause he is thorougldy 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 clogged stile from this speaker. Mr. Speaker, We sit here as tlie great council of the king, and in that capacity, it is our duty to take into consideration the state and affairs of the kingdom ; and, when tliere is occa- sion, to give a true representation of them by way of coun- sel and advice, with what we conceive necessary or ex- pedient for them. In this consideration I confess many a sad thought liath affrighted me, and that lujt only in respect of our dangers from abroad, v. hich yet I know are great, as they have been often prest and dilated to us ; but in res- pect of our disorders here at home, which do infqrce those dangers, anel by which they are occasioned : for I believe I shall make it clear unto you, that both at first, the cause of these dangers were our disorders, ana our disorders now are ytt our greatest dangers ; and not so mueii the potency of our enemies^ as the weakness ci VOL. I. r 66 SIR JOHX ELLIOTT. [a.D. l628. ourselves does threaten us: and that saying of the father may be assumed by us, 7to?i tarn potentia sua quam negUgentia nostra. Our want of true 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, the ignorance or corruptions of our ministers at home, the impoverishing of the sovereign,, the oppression and depression of the subject, the exhausting of our treasures, the waste of our provisions, consumption of our ships, destruction of our men, these make the 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 this 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 knoM n 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 Avhat brevity I may, answerable to the importance of the cause and the necessity now upon us ; yet ^vith such respect and observation to the time, as I hope it sh.all not be thought troublesome. For the first, then, oiu' insincerity and doubling in reli- ffion is the greatest and most dan2;eroiis disorder of all others ; this hath never been unpunislied, and of this we have many strong examples of all states and in all times, to aA'e us. What testimony doth it ^vantr Will you have authority of books? Look on the collections of the committee for religion ; there is too clear an evidence. See then the commission procured for composition with the papists of the north : mark the proceedings there- upon, and you will find them to little less amountingp than a toleration in effect; the slight payments, and the easi- ness in them, Avill like\\ise shew the favour tliat is in- A. D. 1628.] SIR JOHN ELLIOTT. 6^" tended. Will you have proofs of men, witness the hopes, witness the presumptions, witness the reports of all the papists generally; observe the dispositions of commanders, the trust of officers, the confidence in se- 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, wiiich we have felt so sorely, 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 eflfects may she^v their causes, as they are often a per- fect demonstration of them, our misfortunes, our disas- ters serve to prove it, and the consequences they draw with them. If reason be allowed in this 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 notour enemies enlarge themselves, and gain 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 poA\ers appointed for that service, by \Ahich it mii^lit have been defensible. What counsel "ave di- rection to the late action, ^vhose wounds arc 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 yoiu' ancestors, and the pi-actice of tiieir times, how they preserved tiieir safeties : Ave 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 seems to me very tincly expressed. K. r h 6s SIR JOIIX ELLIOTT. [a. D. 1628. likewise knon' the proceedings ef that princess, that never to be forgotten, excellent queen, Elizabeth, whose name, without admiration, falls not into mention even with her enemies ; you know how she advanced herself, and how she advanced the nation in ^lorv and in state : how she depressed our enemies, and ho^^ she upheld her fiiends ; hoNv she enjoyed a fi^ll security, and made them our scorn, who now are made our terror ! Some of the principles she built on were these ; and if I mistake, let reason and our statesmen contradict me. First, to maintain, in what she might, an unity in France, that the kingdom being at peace within itself, might be a bulwark to keep back the po^\er of Spain by land. Next, to preserve an amity and league 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. -, . ., . , - This treble cord, so working betw^een France, the States, and England, might enable us, as occasion should require, to give assistance unto others; and by this means, the experience of that time doth tell us, that we were not only free from those fears that now possess and trouble us, but then our names were fearful to our ene- mies. See now M'hat correspondency our actions had witli this ; square our conduct by these rules ; it did induce, as a necessary consequence, a division in France bctMecn the protectants and their king, of v> hich there is too woeful and lamentable experience. It hath made an absolute breach bet\\ een that state and us, and so entertains us against France, and France in {)reparation against us, that we have nothing to promise to our neighbours, nay, hardly to ourselves. Nay, observe the time in which it was attempted, and you shall find it not only varying from those principles, but directly contrary and 0})posite e.v diamctro 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 wa^j an interruption inade by sir Humphry A. D. 1(j28.] sir John elliott. 69 May, (chancellor of the duchy, and one of the privy council,) expressing a dislike ; but the house ordered Sir John Elliott to go on ; whereupon he proceeded thus : JMr. Speaker, I am soitv for this interruption, but much more sorry if there hath been occasion ; wherein, as I shall submit myself wholly to your judgment, to re- ceive what censure you should give me if I have of- fended, so, in the nitegrity of my intentions, and clear- ness of my thoughts, I must still retain this confidence, that no greatness shall deter me from the duties which I owe to the service of my king and country, but that, "with a true English heart, I shall discharge myself as faithfully and as really, to the extent of my poor })o\ver, as any man \^hose honours or whose offices most strictly oblige him. You know the dangers Denmark is in, and how^ much they concerned us ; what in respect of our alli- ance and the country ; what in the importance of the Sound : what an advantafje to our enemies the sain thereof would be ! what loss, what pnjudice to us, by this disunion ; we breaking upon IVance ; France en- raged by us ; and the Netherlands at amazement between both ! neither could we intend to aid that luckless kins, whose loss is our disaster. Can tiiose now, that express their troubles at the hearing of these things, and have so often told us, in this place, of their knowledge in the conjunctures and disjunctures of affairs, sav, they advised in this? was this an act of council, Mr. Speaker? I have more charity than to think it, and unless they make a confession of it themselves, I cannot believe it For the next, ^ t!ie insufficiency and unfaithfulness of our generals, (that great disorder abroad) what shall I say? I wisli there were not cause to mention it: and but out of the apprehension of the danger that is to come, if the like choice hereafter be not preventsHl. I could williuglv be silent; but my duty to my soxcreiMu, 70 sip, JOHN ELLIOTT. / [a. D. 1628. my service to this house, and the safety and honour of my country, are above all respects ; and Avhat so nearly trenches to the prejuduce of this, must not, shall not be forborn. At Cadiz then, in that first expedition we made, Avhen we arrived and found a conquest ready, the Spanish ships, I mean, fit for the satisfaction of a voyage, and of which some of the chicfest, then there themselves, have since assured me that the satisfacton would have been sufficient, either in point of honour or in point of pro- fit : why was it neglected? why was it not atchieved, it beino; of all hands granted, how feasible it ^vas ? After, when with the destruction of some of our men, and with the exposition of some others, who (though their fortune since has not been such) by chance came off, when, I say, with the loss of our serviceable men, that unserviceable fort was gained, and the whole army landed, why was there nothing done? Why Mas there nothing attempted? if nothing was intended, wherefore did they land ? if there was a ser- vice, wherefore were they shipped again ? Mr. Speaker, it satisfies me too much in this, when I think of their dry and hungry march into that drunken quarter, (for so the soldiers termed it) where was the period of their journey ; so that divers of our men, being left as a sa- crifice to the enemy, that labour was at an end. For the next undertaking, at Rhee, 1 will not trou- ble you much, only this in short: was not that whole action carried against the judgment and opinion of those officers that were of the council ? was not the first, was not the last, was not all, in the landing, in the in- trenching, in the continuance there, in the assault, in the retreat, without their assent? Did any advice take place of such as were of the council? If there should be made a particular inquisition thereof, these things will be manifest, and more. I will not instance the manifesto that was made for the reason of these arms ; nor by "w hom, nor in what manner, nor on what grounds it was . A.D. 1628.] SIK JOHN KLLIOTT. ^l ]niblished, nor ^\ liat effects it hatli wrought, drawing, as it were, almost the whole world into league against us : nor ^v'ill I mention the leavino; of tlie wines, the leaving of the salt, which were in our possession, and of a value, as it is said, to answer much of our expence ; nor that ^reat wonder which no Alexander or Caesar evei did, the enriching of the enemy by courtesies, when our soldiers wanted help ; nor the private intercourse and parlies with the fort, w hich continually were held. What they intended may be read hi the success ; and upon due examination thereof, they would not w^ant their proofs. For the last voyage to Rochelle, there needs no ob- servations, it is so fresli in memory ; nor w ill I make an inference or corollary on all. Your own knowledge shall judge A\'hat truth, or what sufficiency they express. For the next, the ignorance and corruption of our mi- nisters, where can you miss of instances? If you survey the court, if you survey the country ; if the church, if the city be examined ; if you observe the bar, if the bench, if the ports, if the shipping, if the land, if the seas; all these will render you variety of proofs^, and that, in such measure and proportion, as shews the greatness of our disease to be such, that if there be not some speedy application for remedy, our case is almost desperate. Mr. Speaker, I fear I have been too long in these particulars that arc past, and am unwilling to offend vou, therefore in the rest I shall be slK)rt(3r ; and in that w hich concerns the impoverishing of the king, no other arguments will I use, tlian such as all men grant. The exchequer, you know , is empty, and the reputa- tion thereof gone ; the ancient lands are sold ; the jewels pawned ; the plate engaged ; the debts still great ; almost all charges, both ordinary and extraordinary, borne up by projects: Avhat j)overty can be greater? what necessity so great ? what perfc ct Fnglish heart is not almost dissolved into sorrow for this truth ? 72 SIR JOHN ELLIOTT. [a. D. 162B. For the oppression of the subject, which, as I re- member, is the next particular I proposed, it needs no demonstration ; the whole kingdom is a proof ; and for the exhausting of our treasures, that yery oppression ^eaks it. What waste of our provisions, what con- sumption of our ships, what desti'uction of our men have been, witness that journey to Argiers witness that with Mansfield witness that to Cadiz ^witness the next witness that to Rhee ^witness the last (I pray God we may never have more such witnesses) ; witness likewise the Palatinate witness Denmark witness the Turks witness the Dunkirkers witness all. What losses we have sustained ! how we are impaired in mu- nition, in ships, in men ! It is beyond contradiction, that we were never so much weakened, nor ever had less hope how to be re- stored. These, Mr. Speaker, are our dangers ; these are they which do threaten us; and these are like the Trojan horse brought in cunningly to surprise us. In these do lurk the strongest of our enemies, ready to issue on us, and if we do not speedily expel them, these are the signs, these the invitations to others ; these mHI so prepare their entrance, that we shall have no means left of refuge or defence ; for if we have these enemies at home, how can we strive with those that are abroad r if we be free from these, no other can impeach us: our ancient English virtue, like the old Spartan valour, cleared from these disorders, our being in sincerity of religion and once made friends with heaven; having maturity of councils, sufficiency of generals, incorrup- tion of officers, opulency in the king, liberty in the peo- ple, repletion in treasure, plenty of provisions, repara- tion of ships, preservation of men our ancient English virtue, I say, thus rectified, w ill secure us ; and unless there be a speedy reformation in these, I know not w hat hopes or expectations we can have have. These arc the things, sir, 1 shall desire to have takeu A.D. 16'28.] SIR BENJAMIN RUDYARD. 73 into consideration ; that as we are the great council of the kingdom, and have the apprehension of these dan- gers, we may truly represent tliem unto the king ; wherc- unto I conceive mc are bound by a treble obligation, of duty to God, of duty to his majesty, and of duty to our country. And therefore I wish it may so stand with the wisdom and judgment of the house, that they may be drawn into the body of a remonstrance, and in all humility expressed, with a prayer unto iiis majesty, that for the safety of liimself, 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 into his own wisdoni; 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 country, I have suddenly (and it may be w itli some dis- order) expressed the weak apprehensions I have, wherein, if I have erred, I humbly crave your pardon, and so submit myself to the censure of the house. SIR BENJAMIN KUDYARD \Vus member for Wilton. That which is here given is by far tlir best spec-ch of his extant. It might pass for the heads of one of Burice's speecb.es, without the ornaments and without the ele- gance. It has nil the ^ood senae, a::d inoral wiidoni, only more plain and practical. Sir Benjamin Rndijard's Speech in the Connuittcc ap- pointed to inquire into the State of Religion. IMr. Pym, I did not think to linve spoken to this bill, because I was Milling to believe tiiat the forwardness of 74 SIR BENJAMIN RUDTARD. [a.D. l628. this committee would have prevented nie ; but now I hold myself bound to speak, and to speeik in earnest. In the first year of the king, and the second con- vention, I first moved for the increase and enlargement of poor ministers' livings. I n shewed how necessary it was, though it had been neglected ; this was also com- mended to the house by his majesty. There being then, as now, many accusations on foot against scandalous ministers, I was bold to tell the house, that there was also scandalous livings, which were much the cause of tlie other. Livings of five pounds, nay, even five marks a year; that men of Avorth 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, A\ here God was little better known than amongst the Indians. I exampled it in the utmost skirts of the north, \vhere the prayers of the common people are more like spells and charms than devotions. The same blindness and ignorance is in divers parts of ^V'ales, which many in that country do both ki:ow and la- ment. I also declared, that to plant good ministers was the strongest and surest means to establish true religion ; tliat it would prevail more against papistry, than the making of new laws, or executing of old ; that it \a ould counterwork court connivance and luke-A\ arm accommo- dation ; that though the calling of ministers be never so glorious within, the out-xvard 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 tlie greatest part of men. Mr. Pym, I cannot but testify how, being in Germany, I v.as exceedingly scandalized to see the poor stipendi- ary ministers of the reformed churches there, despised and neglected by reason of their poverty, being other- wise very grave and learned men. 1 am afraid this is a part of the hm'then of Germany, wliich ought to bt a warniriCf to v.<. A. D. 1628.] SIR BENJAIVJIN RUDYARD. 75 I have heard many objections and difficulties, even to impossibiHties against this bill. To Imn that is unwilling to go, there is ever a bear or a lion in the way. rirst_, let us make ourselves willing, then will the m ay be easy and safe enough. I have observed, that we are always very eager and fierce against papisti'y, against scandalous ministers, and against things which are not so nmch in our pow er. I should be glad to see that ^ve did delight as well in re- warding as in punishing, and in undcrtakiuii matters within our reach, as this is absolutely witiiin our power. Our own duties are next us, other men's furiiier otf. I 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 ; wc say that day breaks, but no man can ever hear tiie 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 o-ive tlie adversary occasion to say, that we chose our reliiiion be- cause it is the cheaper of the two, and that we would wiUingly serve God with somewhat that costs us nought; believe it, Mr. Pym, he tliat tliinks to save any thing by his religion, but his, soul, will be a terrible loser in tlie end. A\'e sow so sparingly, and that is the reason avc reap so sparingly, and have no more fruit. Methinks, whosoever hates jiapislry, should, by tlic same rule hate covetousness, for that is idolatry too. I never liked hot professions and cold actions ; such a heat is rather the iieat of a distemper and disease, than of life and saving heahh. For scandalous miiii-^ter-', there is no man shall be more forward to have tliem sc\rrely pimjshed than 1 Vv ill be: when salt has lost its savour, lit it is to be cast on that unsavoury place, tiie dunghill, liiit, sir, let us deal with them as God liath dealt '^\^h w-: (iod, before he 76 SIR BENJAMIN RUDYARD. [a. D. l6i2.S, made man, made the world, a handsome place for him to dwell in ; so let us provide them some convenient liv- ings, and then punish tliera in God's name; but till then, scandalous livings cannot but have scandalous ministers. It shall ever be a rule to ine, that when the church and commonwealth are both of one religion, it is comely and decent that the outward splendour of the church should hold a proportion, and participate with the prosperity of the temporal state ; for why should we dwell in houses of cedar, and suffer God to dwell in tin. It was a glorious and religious work of king James, and I speak it to his unspeakable honour, and to the praise of that nation, who (though that country be not so rich as ours, yet are they richer in their affections to religion) within the space of one year caused churches to be planted through all Scotland, the highlands and borders, worth 301. a-year a piece, with a house and some glebe belonging to them ; w-liich sol. a-year, considering the cheapness of the country, and the modest fashion of ministers living there, is worth double as much as any where within a hundred miles of London. The printed act and commission whereby it may be executed, I have here in my hand, delivered unto me by a noble gentleman of that nation, and a worthy member of this house, Sir Francis Stuart. To conclude, although Christianity and religion be cs- t iblished generally throughout this kingdom, yet, until it be planted more particularly, I shall scarce think this n christian commonwealth ; seeing it hath been moved in parliament, it will lie heavy upon parliaments, until it be effected. Let us do something for God here of our o^vn, and no doubt (lod will bless our proceedings in tliis place the better for ever hereafter; and for my o^vn part, I will never give over soliciting this cause, as long as [)arliaments and I shall live together. A.B. 16^2S.] SIR. ROBERT PHILIPS. 77 SIR ROBERT PHILIPS. This gentleman was not one of those whs make speeches out of mere parade and ostentation ; he never spoke but when he was m earnest, nor indeed till he was in a downright passion. Sir Robert PJdUpss Speech on the Dissolution of the Parliament. I PERCEIVE, that towards God and towards man, there is Httlc 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 wrou2;ht upon, it is now. This message stirs me up, especially,^ when I remember with what moderation we have pro- ceeded. I cannot but Avonder to see the miserable strait we are now in what have we not done to have merited better? Formertimes have given wounds enough to thepeo- ple's liberty; Me came liitlier full of wounds, and we have cured what wc could ; yet ^vhat is the return of all, but misery and desolation ! what did we aim at, but to have served his majesty, and to liave done that Arliich would have made him ^reat and irlorious : if this be a fault, then we are all criminous. ^^ hut shall we do, since our humble purposes are thus prevented, A\hich were not to have laid any aspersion on the government ; for they tended to no other qvh\, but to gi\ 'j 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 stopped, and stopped in such a manner as m e are no\\ enjoined, must leave to be a coun- cil. I hfar tlii^ wjtii that grief as the saddest message of 78 EDMUND WALLER. [a. D. 1640. tlie greatest loss in the world. But let us still be wise, be humble ; let us make a fair declaration to the king. Let us presently inform his majesty, that our firm 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, and pray to God to divert those judgments and dangers w hich too fearfully and imminently hang over our heads. EDMUND WALLER (The celebrated Poet,) Was born in l60.5, and died in l687. 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 his party very often, according to his whim or convenience. I do not think there is any thing in the following speech very excel- " lent, either for the matter or manner of it. 3Ir. JValler's Speech on the Supply. jMr. Speaker, I WILL use no preface, as they do wlio prepaic men for something in wliich they have a particular interest. I will only propose what I conceive fit for tlie house to consider, and shall be no more concerned in the event tlian they that shall hear me. Two things 1 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 : for to say nothing how we are ne- glected abroad, and distracted at home, the calling of this paiiiament, and our sitting here (an ellect which A. D. 1640.] EDMUND M'ALLER. 79* no light cause in these times hath produced) is enough to make any reasonable man believe, that the exchequer abounds not so mucii with money, as the state doth in occasions to use it ; and I liope we shall appear wining to disprove those who have thought to dissuade his majesty from this way of parliaments as uncertain, and to let him see that it is as ready and more safe tor 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 i^es ipsa loquitur. The occasion seems to importune no less ; necessity is come upon us like an anned man. The use of parliaments heretofore, as appears by tlie writs that call us hither, was to advise v, itli his inajestv, of things concerninfj the. church and common wealtli. And it hath ever been the custom of imrhaments, by good and wholesome laws, to refresh the common wcid th in general, yea, and to descend into tiie remedies of par- ticular grievances, before any mention made of a supply. Look back upon the best parliaments, and still yon shall find, that the hist acts are for the free 2;ifts of subsidies on the people's part, and general pardons on the king's part. Even the w^isest kings have iirst acquainted tlieir parliaments with their designs,' and tiie reasons tiiereof, and 'then demanded tiie assistance both of their counsel and purses. But physicians, tliough tliey be called of tiic latest, must not stomach it, or talk what might iiave been, but apply themselves roundly to the cuie. Let us not stand too nicely iq:,on eircumstiiiices, nor too rigidly postpone the matter of supply to the liealing of our lighter wounds. Let us do what possibly mny be done, with reason and lionesty on our part, to eo^nply with his majestv's desires, and to prevent the imniinent evils that threaten us; consider that they wlio think themselves already undone, can never apprehend them- selves in danger, and tliey tliat liave nothing left can never i^ive freelv ; nor shall we ever dischari^e the trutt so EDMUND WALLER. [a.D. 1^40. of those that sent us hither, or make them beheve that they contribute to their own defence and safety, unless- his majesty be pleased first to restore them to the pro- perty of theu' goods and lawful liberties, whereof they esteem themselves now out of possession. One need not tell you that property of goods is tlie mother of cou- 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 the Spartans, Avhose forward valour required some softer music to allay and quiet their spirits, too much moved with the sound of martial instruments. 'Tis not the fear of im- prisonment, or if need be, of death itself, can keep a true Jiearted Englishman 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 speedily, that we may come to the matter of supply. Let us give new- force to the old laws, which have been heretofore for tlie 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 our 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 our just desires therein. For not only the people do think, but the wisest do know, that what we have suffered in this long vacancy of parli- aments, we have suffered from his ministers ; that the person of no king was ever better beloved of his people, and yet that no people were ever less satisfied with the present ways of levying money. These are two truttis which may serve, the one to demonstrate tlie other ; for such is the opposhion to the present courses, that neither the admii-ation they liave of his majesty's natural incli- nation to justice and clemency, nor the pretended con- sent of the judges, could make them willingly submit A.D. 1(540.] EDMUND WALLER. 81 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 them, to disloyalty or disobedience. What is it, then, that hatli bred this misunderstanding betwixt the king and his people r Ilov\ is it that, havino; 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 teniler heait, and yet by the advice of violent counsellors, how rough an answer he gave to his peoj)le, that his lingers should be as heavy as his fa- ther's loins : this was not his o\vn, but the voice of som^ persons about him, that wanted the gravity and mode- ration requisite for the counsellors of a young king. I wonder at tiiose that seem to doubt the success of tliis parliament, or that the misunderstanding between the king and his people should last any longer^ ivhen now they are so happily met. His majesty's wants are not so great, but that we may hnd means to supply him, nor our desires so unreasonable or incompatible with government, but that his majesty might well satisfy tlieni; for our late experience, I hope, Avill teach us what rocks to slum, and how necessary the use of mo- deration is ; and for his majesty, he has had experience enough how that prospers \',Jiicl) is gotten without the concurrent good miW of his pL'ople : nevei' more money taken from tiie subject, never more want in the exche- quer. If v.e look up.on Miiat has Ikcu paid, it is more than usuallv ihe pco'pie,' of En^hind were wont to ])ay in such a time. If uc luok upon what iias been effected therewitii, it shews as if never Uwz had been worse supplied ; sotirat we scoin to iuneenueavoared the iilling of a sieve with w ater \\'iH>soever gave advice for these courses, has Hiad;.' m)od the sa\ing ot the uise man, Qxi co)ilur!)iii (httuum suain, po,w ways tliev think to accouipli-h wonders, but, in truth, lliey gra<[) the v, ind, auti aie at tiiO j-amc time cruel to u> and to thi' king too ; for lot the couiinonwealth tlou- \o\ . 1. o S2 EDMUND WALLER. [a.D. 1640' rish, and then he that hath the sovereignty can never want, nor do amiss ; so as he governs not according to the interest of others, but goes the shortest and easiesi way to his own and the common good. The kings of this nation have always governed by parhament ; and if we look upon the success of things since parliaments were laid by, it resembles that of the Grecians. Er ilh^fimrc S; retro sublapsa refe.rri, Res Dana ion especially on the subjects' parts ; for though the king hath gotten little, they have lost all. But his majesty shall now hear the truth from us ; and we shall make appear the errors of divines, who Avould persuade us that a monarch must be absolute, and that he may da all things acl libitum ; receding not only from their text, though that be a Avandcring too, but from the way their OAvn profession might teach them ; stare super vias antl- quas, and not to remove the ancient bounds and land- marks, Avhich our fathers have set. If to be absolute were to be restrained by no laws, then can no king in Christendom be so ; for they all stand obliged to the law s chiistian, and we ask no more ; for to this pillar is our government fixed ; our kincrs, at their coronation, taking a sacred oath to secure us. [ am sorry these men take no more care to gain our belief of those things, which they tell us for our soul's health, while we know them so manifestly in the wrong in that v/hich concerns the liberties and privileges of the subjects of England ; but they 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, y\c, are the more carefully to provide for our protection against this pulpit law, by declaring and reinforcing the municipal laws of the kingdom. It is vrorthy tJie observing, how new this opinion, or rather tills way of rishig is, even amongst -A.D. 1(?40.] EDMUND WALLER. $$ themselves; for ^Ir. Hooker, wlio Avas no rcfractoiy man, (as they term it) thinks, that the first government was arbitrary, until it was found, tiiat to hve by one man's Mill, became all nien's misery. These are )iis 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 this kingdom have often been the mediators between the king and his subjects, to pre-, sent and pray redress of tlieir grievances ; and had re-, ciprocally, then, as much love and reverence from the people; but these preachers, more active than their predecessors, and wiser tlian the laws, have found out a better form of government. The king must be a more absolute monarch than any of his predecessors ; and to them he must owe it, though in the mean time they hazard the hearts of his people, and involve him 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 nrade us victorious over other nations :) I say, suppose they have an idea of one more convenient ; we all know how- dangerous innovations are, though to the better; and Avhat hazard those princes nuist run, that enterprize the change of a long established government ! Now, of all our kings that have gone before, and of all that are to succeed in this happy race, w hy 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. I'ut whilst tiiese men have thus bent their wits against tiie laws of their country, wliethcr they have not nigiectcd their own province, and what tares are gro^vn up in the field which tiiey should have tilled, I leave to a second consideration ; not but that re- ligion ought to be tiie first thing in our purposes and de- sires, but tliat which is first in dignity is not always to precede in order of time : for m ell being supposes a being ; and tlie liiv-t impediment \\hich men naturally ^4 LORD DIGBY. [a.D. I64O. endeavour to remove, is the want of those things without which they cannot subsist. God first assigned to Adam maintenance of hfe, 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 nothing more easy than to impose a religion on a people deprived of their liberties, so there is nothing more hard, than 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 tliis 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 forthwith 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 Me 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. LORD GEORGE DIGBY, (Son of thejirst Earl of Bristol,) Was born in I6II?, and died in 1676, He \vas member for Dorset- sr.ire in the lon^ pariiumcnt. lie at lirst opposed the court, but afterwards joined the royal party, and was expelled. Lord Digby's Speech on Frequent Parliaments. Mr. Speaker, I KisF. not now with an intent to speak to the frame and structure of this bill^ nor much by m ay of answer A. D. 1640.] LORD DIGBV.. 85 to objections that may be made ; I hope there will be no occasion 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 ^^'ork, by difficul- ties that may appear m the way of it, I shall deliver unto you my apprehensions in general, of the vast import- ance and necessity that we should sjo throudi w ith it. The result of my sense is in short this, that unless there be some such comse settled for the frequent con- vening of parliaments, as may not be eluded, neither the people can be prosperous and secure, nor the king jiimself solidly happy. I take this to be the unu7n neces- sarhim. Let us procure this, and all our other desiies M ill effect themselves. If this bill miscarry, I shall have no public hopes left me ; and, once past, I shall be freed of all public fears. The cssentialness, 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 arc on, or think further than our liorizon ; or have recourse for examples in this business to any other promptuary than our own memories; nay, tlian the experience almost of the youngest here. The rctlcction backward on the distractions of former- times upon intermission of parlianients, and the con>i- dcration forward of the miscliiefs likely still to grow from the same cause, if not removed, doub'!e.-:;sly gave first life and being to those two doniiai it statutes of r'dward III. for the yearly holding of a i)aiiiament ; and shall not the fresh and bleeding experience in tie jiresentage, of miseries from the same spring, not to l)e puraleiled in any other, obtain a w akening, a rcsur- fcction for tllcm r Ihe intestine dibtcmpors. sir. of former ao'es upon the ^6 tOHD DIGBV. [a. D. 1640. want of parliaments, may appear to have had some other co-operative causes ; as sometimes unsuccessful wars abroad, sometimes the absence of the prince, sometimes competitions of titles to the cro^vn, sometimes perh;ips the vices of the king himself. lj!t us only consider the posture, the aspect of this state, ix)th towards itself and tlie rest of the \\ orld, the pason of our sovereign, and the nature of our suffering, since the third of his reign ; and there can be no cause, colourably inventible, whereunto to attribute them^ but the intermission, or, which is worse, the undue frustra- tion of parliaments, by the unlucky use, if not abuse of prerogative, in dissolving them. Take into your view, ^fr. Speaker, a kingdom in a state of the greatest quiet and security that can be fancied, not only enjoving the calmest peace itself, but to improve and secure its happy condition, all the rest of the Avorld at the same time in tempests, in combustions, in uncomposable wars. Take into your view, sir, a king, sovereign of three kingdoms, by a concentiing of all the royal lines in his person, as indisputably as any mathematical ones in Euclid ; a king, hrm and knowing in his religion, emi- nent in virtue ; a king, that hath in his own time given all the rights and Hberties of his subjects a more clear and ample confirmation, freely and graciously, (I mean in the petition of riglit) than any of his predecessors, (wlien the people had them at advantage,) extortedly. This is one map of J'ngland, Mr. Speaker. A man, sir, that should [)resent unto you now, a kingdom, groaning under that supreme law, which .sa/us popu/i periclitata would cn-dci; the liberty, the property of the subject fundamentally subverted, ravished away by the violence of a pretended necessity ; a triple croA\ n shaking with distempers; men of the best conscience ready to fly into the \\il(len'M:ss for religion! Would not one swear that this were the antipodes to the other? And yet, let me tell vou, Mr. Speaker, this is a map of Eniilund too, and botli at the same time but too true. A. t). 1540.] tout) Dig By. 87 As it cannot be denied, Mr. Speaker, that since the coi!- quest, tiiere hath not been in this kingdom a fuller con- currence of all circumstances in the former character, to have made a kingdom happy, than for these twelve years last past; so it is most certain, 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 second character, to bring a flourishing kingdom, if it m erc pos- sible, to swift ruin and desolation. I will be bold to say, Mr. Speaker, (and I thank God, vi-e have so good a king, under whom wc may speak boldly of the abuse of his power by ill ministers, without fetiection upon his person,^ that an accumulation of all the public grievances since magna charta^ one upon another, unto that hour in which the petition of right past into an act of parliament, would not amoimt to so oppressive, I am sure not 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 money. 'J'his being a true Veprcscntation of England, in both aspects, let hhn, Mr. Speaker, that (for the unmatched oppression and enthralling of free suljjccts, in a time of the best kings reign, and in memory of the best laws enacted in favor of subjects' libert\') can lind a truer cause than the ruptures and intermission of parliament;', let him, I say, and him alone, be against tiie settling of this inevital)le way for the frequent holding of them. 'Tis true, sir, cricked ministers have been the proxi- mate causes of our miseries ; but the \\\w\\. of parlia- inents, the primary, the efficient Causes ; ill ministers have made ill times ; but that, sir, luith made ill nii- iristersw I have read, among the laws of tlie Athenians, a form of recourse*, in their oaths and vows of their iireiitot und public concernuKnt, to a threelokidcitv: Suiplidmn 6S LORD DIG BY. [a.D. 1640. e.vauditori, purgatof^i, inuhi'um dcpuhwi. I doubt not but we, here assembled for tlie coiumon wealth in this parliament, shall meet M'ilh all these attributes in our sovereign. I make no question but he \\ ill graciously hear our supplications, purge away our giievances, and expel malefactors ; that is, remove ill ministers, and put good in their places. No less can be expected from his wisdom and goodness. But let me tell you, ]\Ir. Speaker, if Me partake not of one attribute more in him ; if we address not our- selves unto that, I mean bonorum ccmscrvatori, we can have no solid, no durable comfort in all the rest ; for let his majesty hear our complaints never so conjpas- sionately ; let him purge av. ay our grievances never so efficaciously; let Inm punish and dispel' ill ministers never so exemplarily ; let him make choice of good ones never so exactly ; yet if there be not a way settled to preserve and keep tliem good, the mischiets and they will all grow' again like Sampson's locks, and pull down the house upon our heads. Believe it, ^Ir. Speaker, they will. It hath been a maxim among the wisest legislators, that whosoever means to settle good la^vs, must proceed in them Avith a sinister opinion of all mankind, and sup- pose that whosoever is not wicked, it is for want only of the opportunity. It is that opportunity of being ill, ATr, Speaker, that we must take away, if ever we mean to be happy ; which can never be done, but by the frequency of parliaments. No state can w isely be conhdeiit of any public minister's continuino; ";ood, longer than the rod is over him. Let me appeal to all those that were present in this iiouse, 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 would at that time have Ivad better hope?, thaji of tiic late Mr. Nov and sir Thomas "WentAvorth, both being at that A. D. 1640.] LORD DIGBY. 89 time and in that business, as I have heard, most keen and active patriots, and the latter of them (to the eter- nal aggravation of his infamous treachery to the com- monwealth be it spoken) the first mover and insister to have this clause added to the petition of right : 'i'hat, for the comfort and safety of his majesty's subjects, he would be pleased to declare his will and pleasure, tiiat all his ministers should serve him according to tlic ia^s and statutes of the realm. And yet, JNIr. Speaker, to whom now can .all the in- undations upon our liberties, under pretence of law, and the late sliipwreck, at once, of all our projjerty, be attri- buted more than to Noy.'^ and tliose, and all other mis- chiefs whereby this monarchy hath "been brought almost to the brink of destruction, so nmch to any as to that grand apostate to the commonwealth, the now lieutenant of Ireland? The first, I liope, God hath forgiven in tiie other world, and the latter must not hope to be pardoned in this, till he be dispatched to the otiier. Let every man but consider those men as once they were. The excellent law for the sec nicy of the sub- ject, enacted immediately before their coming into em- ployment, in the contriving whereof themselves v.ere principal actors ; the goodness and virtue of the king they served, and yet the high and piiblic oppressions that in his time they have wrought; and surely there is no man but will conclude with nie, that, as the deii- cience of parliaments h^itli been the causa cau.sannn of all the mischiefs and distcm})ers of the present ii\uv% So the frequency of them is t.he sole cathoHc antidote that can preserve and secure ihv iat;ire from tiie like. Air. Speaker, let me yet l\\\vx niy discourse a little nearer to his niujestv hiinseif, and teii vou, that the fre- quency of parliaments is most es.icntiailv necessary to the power, the security, the glory of tiie king. There are two ways, Mr. Speaker, oi powerful rule ; cither bv feur or lo\e : but oulv one of haopv anil sa*';. 90 LORD DIGBV. [a.D. 1640. rule, that is, by love; ih^t firmis,nmum imperiumquo obedicntes gaudent : To this Camillus advised the Ro- mans. Let a prince consider what it is that moves a people principally to affection and dcarness toAvards their sovereign, he shall see that there needs no other artifice in it than to let them enjoy, unmolestedly, m hat belongs unto them of right if that hath been invaded and vio- lated in any kind, whereby affections are alienated, the next consideration for a wise prince, that n ould be hapjiy^ is how to regain them; to which three things are equally necessary. Re-instating them in their former liberty. Avenging them of the authors of those violations. Andj . Securing them from apprehensions of the like again. The first, God be thanked, we are in a good way of The second in warm pursuit of. But the third, as essen^ tial as all the rest 'till mo be certain of triennial parlia- ments at the 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 union of affections, and this bill so necessary to that security, let us not be so wanting to ourselves, let us not be so Avanting to our sovereign, as to forbear to offer unto him this powerful, this everlasting philter, to charm unto him tlie hearts of his people, ^^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 confirmation 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 oivinii his friend succour and relief in lii* 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? Jin(i what greater misfortune can the'rc be to botii, than to l>e kept from intercourse^ frohi A.D. 1()40.] LORD ViKir.t. 91 the means of clearing misunderstandings, from inter- change of mutual benefits ? The people of England, sir, cannot open their ear?^ their hearts, their mouths, or their |)urses to his majes- ty, but in parliament : we can ncithef hear him, nor complain, nor acknowledge, nor give, but there. This bill, sir, is the sole key tliat can open tiie way to a frequency of those reciprocal endearments, which must make and perpetuate the happiness of the king and kingdom. Let no man object any derogation from the kind's pre* rogative by it. We do but present the bill ; it is fo be made a law by him. His honour, his power, will iie as conspicuous in commanding at once that parliaments shall assemble every third year, as in conunanding a parliament to be called this or that year. There is more of majesty in ordaining primary and universal causes, tlian in the actuating particularly of subordinate effects. I doubt not but that glorious king Edward III. when lie 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 imposing taxes? where is tlie power of restoring from incapacities ? \vlierc is the legis- lative authority? why, marry, in tlie king, My. Speake:' but how? in the king, circled in, fortified, and eviitiiated by his parliament. The king, out of parliament, hatli a limited, a cir- cumscribed jurisdiction. Hut waited on l)v his i)arlia- rnent, no monarch of the Ea-^t is so abiolule in dispellinrj grievances. Mr. Speaker, in chasing ill mini.sters, VvC do but dissi- pate clouds that may gatlier again ; bi;t in voting th.h hill, we shall contribute, as much a'^ in us lies, to tlie per- petuating our sun, our sovereign, in Ins vertical, m his noon day lustre. 92 SIR JOIIxV WRAY. [a. D. 1^40. SIR JOHN WRAY, (Member for Lincolmhire.) His speech is chiefly remarkable for ih^ great simplicity of the stile, and as an instance of the manner in which ail honest conntrv gentleman, without much wit or eloquence, but with some pre- tensions to both, might be supposed to express himself at this period. Sir John JVrays Speech. ]\Ir. Speaker, I TAKE it we have now sat in this great jcoiimcil 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, w hich is, non quam diu, sed quam bene. j\ir. Speaker, we have had thus long, under our fa- thers, many ostrich eggs, which, as some observe, are longest in hatching, but once hatched, can digest iron ; and we have many irons in the fire, and have hamniered some upon the anvil of justice into nails ; but we have not struck one stroke with the right hammer, nor ri\ etcd one nail to the head. I\Ir. 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 that sent us, if we do not mend our pace, and so run as we may obtain. Air. Speaker, I hope we shall mak^e good the work we have undertaken, and win that prize and gaol we aim at ; else, if we fail in this our piu'suit of justice, it is time to look about us ; for then I fear we ourselves shtill hardly escape scot-free. It will not be our six subsidies that M ill help us, unless we be good husband-, antl cut A.D. 1(j41.] lord digbv. g off all supci'fliious charges, disband all needless armies, disarm all pai)ists, and banish all priests anil Jesuits; and then we shall thrive and pros})er. Provided always, that we deny ourselves, and trust not too niucli in the arm of flesh ; but be careful to preserve })rotherly love and concord, lest discord and faction, break, divide, and ruin us. But I hope God will make us all of one mind and one public spirit, that, as we are descended from that ancient and noble English quiver, we may prove ourselves a right sheaf of I^nglish arrows, well united, well feathered, and sharply filed for public use, stoutly to defend and preserve the public good and safety of this famous island of Great ]3ritain and that is my humble prayer and motion. LORD DIG BY. We are now upon the point of giving, (as much as in us lies) the final sentence unto death or life, on a great mi- nister of state, and peer of this kingdom, 'J'homas, earl of Strafford ; a name of hatred in the present age, by his f)rac- tices, and fit to be made a terror to future ages by iiis punishment. I have had the honour to be employed by the house in this great business, from the first hour tiiat it was taken into consideration. It was a matter of great trust, and I v/ill say, with confidence, tliat I have served the house in it not only with industry, according to my ability, but wiUi most exact faithfulness and justice. And as I have hitiierto discharged my duty to this house, and to my coimtry, in the progre-s of this great cause, so I trust I shall do now in tiie last period of it, to Ciod and to a good conscience. I do '>vi.-li the peace of that unto myself, and the blcssiugi of Ahriighty God to me and my posteritv, accort'ing as my jud,q,n)ent on the life of this uian shall be consonant with my heart, and the best of mv understnndin'j;. in all inlL';riitv. 54 LORD DIGBY. [a. 0.1641* I knou' Ttcl], Mr. Speaker, tliat by some things I have 5aid ollate, whiht this bill Avas in agitation, 1 have raised some prejudices upon me in the cause. . Yea, some (I tliank them for their plain dealing) have been so free as to tell me, that I have suffered much by the backwardness I have shewn in the bill of attainder of the ea/l of Straf- ford, against Avhom I have formerly been so keen, so active. I beg of you and the rest, but a suspension of judg- ment concerning me, till I have opened my heart unto yon, clearly and freely, in this business. Truly, sir, I am still the same in my opinion and affections, as to the earl of Strafford. I conlidently believe him to be the most dangerous minister, the most insupportable to free tulijects, that can be charactered- I believe his prac- tices in themselves as liigh, as tyrannical as any subject ever ventured on, and the malignity of them hugely ag- gravated l)y those rare abilities of his, whereof God hath given him the use, but the devil the application. In a ^\ ord, I believe him to be still that grand apostate to the commonwcaitii, who must not expect to be pardoned in this wodd, till he be dispatched to the other. And yet fct n7 tell you, Mr. Speaker, my hand must not be to that dispatch. I protest,, as my conscience stands in- foniicd, I had ratlicr it >vere off. Let me unfold to you the im-steiy, Mr. Speaker: I will not dwell much, upon justifying unto you my seem- iii'z \ariance at this time, Irorn m hat 1 was formerly, by pvittinii vou in mind of the difference betw een prosecutors :ind judges. liow nii.>>becoming that fervour would be in a jvulge, which, perhaps, was conmicndable in a pro- secutor. Judges we are now, and nuit put on another perh>on[ige. ll is honest and noble to be earnest, in or- der to tlic discovery of trutli; but Avhen that -hath been broiight folar as it can to iigiit, our judgment thereupon ouij;ht to he calm and cautious. In prosecution upon probahle grounds, we are accountable only for our inthis- trv or remissness; hut h) judgment avo are flccplv respon- sible to (lod Ahnighty for its rectitude or ohli(|uity. In A.D. 1641.] LORD DIGBY. <)5 cases of life, tlie judge is God's steward of the party's blooti, 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 in me no\v, from what I was formerly. The truth of it is, sir, the same ground Avhereupon T, ^\ ith the rest of the few to whom you first committed the consideration of my lord Strafford, brought down our opinion that it was fit he should be accused of treason; upon the same ground I \\as engaged with earnestness in his prosecution, and had the same ground remained in that force of belief with me, which till very lately it did, I shoukl not have been tender in his condemnation. But truly, sir, to deal plauily with you, tliat ground of our accusation, that spur to our prosecution, and that which should be the basis of my judgment of t)ie earl of Straf- ford as to treason, is, to my understanding, quite vanished away. This it was, IVfr. Speaker; his advising the king to employ the army in Ireland to reduce England. This I was 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 prcjjaratoiy examination, by assurances which that \\ orthy member, Mr. Pymme, gave me, that his testimony wuuld be made convincing by some notes of what passed at the juncto, concurrent with it ; which I ever understanding to be of some other counsellor, you t;ce now , \)Vo\e but a c(jpy of the same secretaiy's notes, discovered and j)roduccd in the manner you have heard ; and those sueli disjointed fragments of the venomous part of discourses; no results, no conclusions of councils; which are tlic only tiiinus that secretaries should register ; tlKie being no use of the other, but to accuse and bring men into danger. But, sir, this is not that which overt! 1 rows the evidence with nie concerning the army in Ireland, nor yet that all the rest of tlic juncto remember nothing of it; but this, Sl6 LORt> r>TGBV. ' [a. 0.164-1. sir, 'v^'hich I sliall tcH you, is that m hich works with me under favour, to an utter overthrow of his evidence, as unto that of the army of Ireland. Before, whilst I was ]>r().>ecutor, and under tie of secrecy, I might not disco- ver any weakness of the. cause, which nov/, as a judge, I must. Mr. Secretary was examrned tluice upon oath, at the preparatory committee. Ihc first time he was que^?tioned to all the interrogatories ; and to tliat part of the seventh which concerns the ?rmy in Ireland, he said, poj^itively tlicse words: " I cannot charge him with that," but for the rest, he desired time to recollect himself, which was granted him. Some days after, he was examined a second time, and then de]X)sed these vxords concerning the kings being ab- solved from rules of governtnent, and so forth, very clearly, ikit being pressed to that part concerning the Irish army, again, he said he could say nothing to that. Here Ave tliouszhc we had done with him, till divere weeks after, my lord of Northumberland, and all others of tlie juncto, denying to have heard any thing concern- ing those \\ords of reducing England by the Irish army. It was thought fit to examine the secretary once more ; and then 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 Mords to that sense) this kingdom." ^Ir. Speaker, these arc the circumstances w hich I confess, Avith my conscience, tluii^t quite of doors that grand arlicle of our charge con- cerning his dcspcrajc advice to the king, of employing th^ Iri:-h ;u-uiv here. Ij.'t not thi'<, 1 !)eser(^}i you, be driven to an aspersion npoi] Mr. Sfcn'tarv. a^ if he should have sworn otlierwise ti an he knew or hrlievcfl; he is too worthy to do that; only !el this miH-h !>(> inferred from it, that he, who twice i![;(;n oath. \ulh Uino of recollection, could not remember nnv tliioLi of surli a business, might Avell, a third time, mi^n-me-nilter >oinrwhat; and in this business the differ- ence of one word, here for there, or tiiut for this, quite A. D. 1641.] LORD DIGBY. 97 alters tlip case; the Ijtter also being the more probable, since it is confessed on all hands, that the debate then ^vas concerning a war with Scotland. And you may remem- ber, that at the bar, he once. said "employ there.'''' And thus, Mr. Speaker, have I faithfully given you an account what it is that hath blunted the edge of the hatchet, or bill, with rne, towards my lord Strafford.- This was that ^^'hercupon I accused him with a free heart, prosecuted him with earnestness; and had it to my understanding been proved, should have condemned him with innocence; wbcrea-s now I cannot satisfy my conscience to do it. I profess I can have no notion of any body's intent to sub\ert the laws treasonably, but by force ; and this design of force not appearins;, all his other wicked practices cannot amount so high with me. I can find a more easy and more natural spring from' whence to derive all his other crimes, than from an in- tent to bring in tyranny, and to make his ov,n posterity, as well as us, slaves ; as from revenge, from pride, from passion, and from insolence of nature. . liut had this of the Irish army been ])roved, it would have diffused a complexion of treason over ail ; it would have been a withe indeed, to bind all those oti.er 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 as 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 future. But God keep me from givingjudgmcnt of deat^i on any man, and of ruin to his innocent po-.t^.M-ity, upon a la'vv made apostcr'iori. Let the niark be set on the door where the plague is, and then let him that will enter, die. I know, Mr. SpeakcT, there is in parliament, a double power of life and death by bill; a judicial power, and a legislative. Tiie measure of the one is, what is legally ju.st; of the other, what is prudentially and politicly fit VOL. 1. Jl 93 LORD DIGBV. [a. D. 1641. for the good and preservation of the whole. But these two, under favour, are not to be confounded in judgment. We must not piece up Avant of legality widi matter of convenience; nor the defailance of prudential fitness, with a pretence of legal 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 <^he king will pass this bill; imd 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 tliink of another, saving only life ; such as may secure the state from my lord of Straf- ford, 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 own conscience upon this occasion: let every man lay his hand upon his own heart, and seri- ously consider what we are going to do A^ ith a breath : either justice or murder; justice on the one side; or mur- der, heightened and aggravated to its supremest extent, on the other. For, 4is the casuists say, lie who lies with his sister, commits incest; but he that marries his sistei', sins higher, by applying God's ordinance to his crime. So, doubtless, he that commits nmrdcr with the SA\'ord 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 docs his eyes, when he would judge of a nice and subtle object. The eye, if it be pretincted with any colour, is vitiated in its discerning. Let us Uike heed of a blood-shotten eye in judgment. Let e\ cry man purge his heart clear of all passions; I A.D. 1641.] EARL OF STRAFFORD. 99 know this great and wise body politic can have none ; 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 incensed. Away with all such considerations, as that it is not fit for a parliament, that one accused by it of treason should escape with life. Let not former vehemence of any against him nor fear from tlience that he cannot be sate while tliat man lives, be an ingredient in the sen- tence of any one of us. Of all these corruptives of judgment, Mr. Speaker/ I do, before God, discharge myself to the utmost of my power, and do, with a clear conscience, wash my hands of this man's blood, by this solemn protestation, -that my vote goes not to the taking of the earl of Strafford's life. THOMAS WENTWORTH, (Earl of SlrnfordJ Was a gentleman of an ancient family in Yorkshire, and created a peer by Charles I. He at first opposed the court with great viru- lence and abihty ; but afterwards became connected with it, and recommended some of the most obnoxious measures. After a bill of attainder was passed against him, at the instigation of the commons, the king refused for a long time to give his assent to it, till at last lord Stratibrd himself wrote to advise him to comply, which he did with gieat reluctance. He was beheaded 1641. Whatever were his faults, he was a man of a fine understanding, and an heroic spirit ; and undoubtedly a great man. What follows is the conclusion of his last defence before the house of lords. My Lords, It is hard to be questioned upon a law which cannot be shewn. Where hath this fire lain hid so many hundi-ed H 2 100 EARL OF STRAFFORD. [A.D.'1641. years, without smoke to discover it, till it thus burst forth to consume me and my children P^v That punishment should precede promulgation of a law, to be punished by a law subsequent to the fact, is extreme hard. What man can be safe, if this b 3 ad- mitted? My lords, it is hard in another respect, that there should be no token set by which we should know this of- fence ; no admonition by \^ hich we should avoid it. If a inan pass the Thames in a boat, and split himself upon an anchor, and no buoy be floating to discover it, he who owneth the anchor shall make satisfaction ; but if a buoy be set there, every man passeth upon his own pe- ril. Now, where is the mark, m here is the token upon this crime, to declare it to be high treason ? My lords, be pleased to give that regard to the peer- age of England, as 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 somewhat else than the lives and honours of peers. It will be A\isdom for yourselves, for your posterity, and for the whole kingdom, to cast into the hre these bloody and mysterious volumes of constructive and ar- bitrary treason, as the primitive ciiristians did their books of curious arts, and betake yourselves to the plain letter of the law and statute, that telleth us M'hat is, and whf^t is not treason, without being ambitious to be- more learn- ed in the art of killing than our forefathers. It is now full two hundred and forty yen.rs since any man was touched for this allcdgcd crime, to this height, before myself Let us not awaken tiicse sleeping lions to our destruction, by taking up a few musty records that have luin by the wallsv so many ages, forgotten or neglected. May your lordshif)s please not to add this to my other misfortunes; let not a precedent l)e derived from me 30 disadvantageous as this will be, in its consequence, to A. D. 1641.] EARL OF STRAFFORD. 101 the whole kingdom. Do not, through me, wound the interest of the common^^ ealth ; and lio\vsoe\'er these gentlemen say, they speak for the commonwealth ; yet, in this particular, I indeed speak for it, and sliew the inconvenience and mischiefs that will fall upon it ; for, as it is said in the statute 1 Henry IV. no one will know what to do or say, for fear of such penalties. Do not put, my lords, such difficulties upon minis- ters of state, that men of wisdom, of honour, and of fortune, may not with cheerfulness and safety be em- ployed for the public. If you weigh and measure them by grains and scruples, the pul lie affairs of the kingdom w ill lie waste ; no man will meddle with them who hath any thing to lose. jNIy lords, I have troubled you longer than I should have done, were it not for the interest of those dear pledges a saint in heaven hath left me. [At this word he stopped awhile, letting' fall some tears to her memory ; then he went on] What I forfeit nwself is nothing ; but that my indis- cretion should extend to my posterity, woundeth me to tlie very soul \ You will pardon my infirmity. Something I should have added, but am not able ; therefore let it pass. Now, my lords, for myself, I have been, by the blessing of Almighty God, taught, that the afflictions of this present life are not to be conipared to the eternal wcisjht of glory which i^ltall be revealed hereafter. And so, my lords, e^en so, witii nil trancjuillity of mind, I freely submit myself to your judgment, and whether tliat judgment be of life or death, te Dtum Icuidauiu.s. 101^ BISHOP HALt. [a. D. 1641. < ' - .' BR. JOSEPH HALL, (Bishop of Exeter and afterwards tf "Norwich ,) Was born in 1574, and died 1656. He suffered a good deal from the Puritans. He is celebrated, without much reason, for the fineness ot" his \vritin e sit ; vca, more. Before ever there were parliaments, in the magna con- .^i/ir/of the kingdom, we had our places; and as for mv predecessors, ever since the conquest's tinie, I can shew your lordships a just catalogue of them that have sat be- fore me here; and truly, though I have just cause to be mean in my own eyes, yet why, or wherein tlicre should Lc more unworihiiieL's iu me than tiie rest, ttiy.t I should A. D. 1641.] BISHOP HALL. 10* be stiippecl of that privilejie which they so lonor enjoyed, tho' there v.ere no law to hold me here, I cannot see, I confess. M'hat respects of honour liave becnput upon the prune clergv of old, both by pagans, and jew s, and christians; and w hat are still both within Christendom and without, 1 shall not need to urge ; it is enougli to say, this of ours i.^ not merely arbitraiy, but stands so firmly establislied by law and custom, that I hope it neither will, nor can be removed, except you shall shake tliose foundations, which, I believe, you desire to hold firm aud inviolable. In short then, my lords, the churcli craves no new- honour from you, and justly hopes you will not bC- guilty of pulling down the old. As you are the eldest sons, and next under his majesty, the honourable patrons of tiie church, so she expects and beseeches vou to receive her into your tenderest care; so toorder her aliairs, thatyc leave her to posterity in no worse case than you found her. It is a true word of Damasus: L'ti vi/escit no- jnen episccpi., G/fini' ctatus pcrturbaiiir axlesm'. If this be sutfered, the misery will be the church's ; the disho- nour and blur of the act in future a;i;es, will be yours. To shut up, tiicrefore, let us be taken otf from all or- dinary trade of secular employments; and if vou please, abridge us of intermeddii'.v^ with matters of common jus- tice; but leave us possessed of those places and privileges in parliament, which our predecessors have so long and peaceably enjoyed. yhiDl/icr bij the ^icnnc. Thib sp'^cch h[\f \vx.\-'' fv<''n:' 'a. It tl':i!i ih'- iji.-li!-.p :;'"iirr;'n-,- t!i;ro- vtred. 1: jl..'v,s tr.ut '" ;)LL^ iinn ui:ik('-; \vJ:w c!";ni"iit." My iords^ I have lon^ },( ::ld tnv [I'^r.ce, and n'icnnt to liave done so still; but \v)\\\ !i!:e lo C'.o.'-ii^'s iiuilc ::on, I be_eech vcur lordrlu,)' 1(J6 BrSIIOP HALL.; [a. D. 154 J. to give me leave to take tliis too just occasion to move your lordships, to take into your deep and serious consi- deration, the "vvoeful and lamentable condition of the poor church of England, your dear mother. My lords, this was not Mont to be her style. We have heretofore talked of the famous and flourishing church of England; but now your lordships must give me leave to say, that tiie poor church of England humbly prostrates herself at your lordships' feet, (next after his sacred majesty) and humbly craves your compassion and present aid. j\Iy lords, 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 w hich have been of late done to this church and government. The church of England, as your lordships cannot choose but know, hath been, and is, miserably infested on both sides ; Mitii papists on the one side, and schisma- tics on the other. 1 he psakTiist, hath, of old, distin- guished the enemies of it into wild boars out of the ^^'ood, 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 the 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 tl^m ; 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 not find many that are sensible of the danger of it, which yet, in my apprehension, is very great and apparent. Alas! my lords, I beserrh you to consider m hat it is that there should be in London, and the suburbs 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, taylors, felt makers, and such like trash, which are all taught to spit in the face of their mother, the church of England, and to defy and A.D. 1641.] BISHOP HALL. 10? revile her government. From hence have issued those dangerous assaults of our church governors; from hence tliat inundation of base and scuiTilous libels and pamph- lets, \vhereA\'ith we have been of late overborne; in which papists and prelates, like oxen in a yoke, are still matched together. Oh! my lords, I beseech you, that you might be sensible of this great indignity. Do but look upon these reverend persons. Do not your lord- ships see here, sitting upon these benches, those that have spent their time, their strength, tlieir bodies, and lives, in preaching down, in writing down, popery ? and which would be ready, if occasion ottered, to sacrifice all their old blood that remains, to the maintQiiance of that truth of God which they have taught and uritten ; and shall we be thus despitefully ranged with them whom we do thus professedly op})osc? But, alas ! this is but one of those many scandalous aspersions, and intolerable affronts, that are daily cast upon us. Now, whither should wc, in this case, have recourse for a needful and seasonable redress ? The arm of the church is, alas! now short and sincMlcss; it is the inter- posing of your authority that must rescue us. You are the eldest sons of your dear mother, the church, and therefore most fit and most able to vindicate her wrongs. You are amid spof/sce; gi\e me leave, theretore, in the 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 governm.ent of the 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 suttcred to gather head, who knows where they will end? My lords, if these men may with impunity and free- dom thus bear down ecclesiastical autlioiitv, it is to be feared they will not rest there, but m ill be ready to af- front civil power too. Your lordships know that the .Jack Straws, and Cades, and Wat IVlers, of former times, did not more cry down learning than nobility; and lOS MR. PYM. [a. D. 1641. those of your lordships that have read the history of the anabaptistical tumults at^Munstcr,- uill need no other itea>; let it be enough to say, that many of these sectaries are of the same profession. Shortly, therefore, let me humbly move your lord- ships to take these dangers and miseries of this poor church deeply to heart ; and upon this occasion, to give order for the speedy redressing of these horrible inso- lencies; and for the stopping of tlie deluge of libellous invectives where\A ith Me are thus im})ctuously overflown. Which, in all due submission, I humbly present to. your lordships" wise and rehgious consideration. Mr. PYM. 3fr. Pyiu'.'^ Speech, rindic at hi g himself from a Charge of IJi^^h Treason, brought by the King against him andjrce other Members of the House. Mr. Speaker, TiiFsr. articles of high treason cxliibited by his majesty gainst iiie, and tiie other gentlemen in the accusation charged v.ilh the same crime, are of great consequence, and niuch danger to the state. The articles in them- hclves, if proved, are, according to the laws of the land, Li;i;h treason: 1st. To endeavour to suijvert the fundamental laws of rhr land, is i)y tins present parliament, in the earl of Straf- idid's c;;>e, adjudged high treason. Cdly. 'i'o endeavour to introduce into this kingdom, an arl)itrary and tyrannical form of government, is likewise ^oted higii treason. 3d!y. To raise an army to compel the parliament to mj'.ke and enact laws, without their free votes and wil- ling proceedings in the same, is high treason. 4tii'y. 'Jo invite a foreign force to invade tliis land, to A.D. 1641.] MK. PY-AI. 109 favour our designs agitated against the king and state, is high ti'C^son. 5thly. To animate and encourao; riotous asscnibhci and tumults about the parHament, to compel the king to assent to votes of the house, is treason. Gthly. To cast aspersions upon his majesty and hU government; to aUenate the afiections of his people; and to make his mijesty odious unto tljem, is hi^^h treason. 7thly. To endeavour to draw his majesty's army into disobedience, and to side Avith us in our designs, if asainst the kinijj, is treason. I desire, Air. Speaker, the tavour of this house, to clear myself concerning this charge. 1 sliall only pa- rallel and shnilize my actions, since the sitting of tl:is paiiiament, witli tliese articles : 1st. Mr. Speaker, if to vote svith the parliament as a member of the house, wherein all our votes ought to be free, (it being one of the greatest priveleges thereof to have our debates, disputes, and arguments, in the same unquestionable,) be to endeavour to subvert the funda- mental laws ; then am I guilty of the first article. i>dly. If to agree and consent a\ ith the Avholc state of the kingdom, by vote, to ordain and make laws for ti.a good government of his nrajesty s subjects, in peace aiid dutiful obedience to tiieir lawful sovereiiin, be to mtro- duce an arbitrary imd tyrannical foi'iu of goveniiiicrit in the state; then am I guilty of this lULicle.' Sdly. If to consent, by vote Vvith the parli.inient, to raise a guard, or trained band, to secure and tietLUu tiie persons of the mem oers thereof, be;!]g environed aiici b-..- setwith many dongers in the ahi-fj-; 'j of the kiny, im:\, by vote with trie iiouie, in williv.j; obedience to t!ie iu\-A command of hi^ snored nuijei^tv. iu iiis return, be actually to levy arms ntiainst the kinu; ihen am 1 ^uiitv of this article. 4thlv, If to join Vvith the parliamerit of England, bv free vote, to ciave brotherly assistance from Scotland, (kingdoms both under obedience to one sovereign: both 110 MR. PYM. [a.D. 1641. bis loyal subjects) to suppress the rebellion in Ireland, which lies gasping every day in danger to be lost from his majesty's subjection, be to invite and encourage a foreign power to invade this kingdom ; then am I guilty of high treason. othly. 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, edicts, and declarations for their repelling, be to raise and countenance them in tlieir unlawful actions; then am I guilty of this article. 6thly. 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- tinof 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 tlieir due obedience to his royal majesty; then I am guilty of this article. 7tlily. If to consent by vote, m ith 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 raise so many great sums of money, willingly, lor their keeping on foot to sei*ve 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 doctrine of the church of England, and the pue religion, grounded on the doctiine of Christ him- A. D. 1641.] CVLSTRODB FHITLOCKE.- Ill self, and established and. confirmed by many acts of par- liament in the reigns of king Henry VIII. king Edward VI. queen Elizabeth, and king James, of blessed me- mory : if this, JVIr. Speaker, be to draw his majesty's army into disobedience, and side with us in our designs, tlien am I guilty of this article. Now, Mr. Speaker, having given you a touch con- cerning these articles, comparing them with my actions ever since I had the honour to sit in tlii^ house as a member thereof, I humbly crave your consideration and favourable judgment of them, not doubting, they being weighed in tlie even scales of your wisdom, I shall be found innocent and clear from these crimes laid to my charge. BULSTRODE WHITLOCKE, (Member for Great Marlow, Buckinghamshire,) Was born in l605, and died in 1676. In l653 he was sent ambas- sador to Sweden. lie was a man of great learning, and he ap- pears also to have possessed moderation and good sease. He was the author of the Memorials. Mr. JJliitlockes Speech o?i the Militia. Mr. Speaker, I HAVE often heard it said in former debates, in oth^ matters in this house, that such and such a thing was of as great concernment as ever came w ithin these walls. I am sure it may be said so of tiie matter of your pre- sent debate : it is truly of the greatest concernment that ever came within ttiese walls. It highly concerns us all, and our posterity after us, jv'here this po\\ cr of the militia shall be placed. This 112 BULSTRODE WHITtOCKE. [a. D, l64l grc'dt po\\er, ivhich indeed commands all men, and all things, cannot be too warily lodged, nor too seriously considered ; and I do heartily wish tiiat this great word, this new word, this hard v/ord, the militia, migiit never have come within these walls ; but that this house may be, as the ti^mple of Janus, ever shut against it. I take the meaning of those gentlemen who introduced this 'vsord to be, the power of the sword, pctestas gladi't, V. hich is a great and necessary power, and properly be- longing to the magistrate : potcstas gladii in fac'inero- ,sos, without which our peace and property cannot be maintained. But potest as gladii in manihus facinerosonim, in the hands of soldiers, is that whereof you now debate ; and it is best out of their hands ; I hope it will never come there. Some worthy gentlemen have declared their opi- nions that this power of the militia i^, by right and la^^, in tiie king only : others affirm it to be the parliament only. I crave leave to differ from both these opinions. I humbly apprehend that this power of the militia is neither in the king only, nor in the parliament only ; and if the law hath placed it any ^here, it is botli in the king and parliament, when they join together. And it is a wise institution of our law, not to settle tliis power any v.here, but rather to leave it in dubio, or in nuhibiis^ that the people misht be kept in igno- rance thereof, as a thing not fit to be knoM n, nor to be pried into. It is the gretit arcanum imperii, and the less it is meddled with, the less acquaintance we have with it, the better it ^^ ill be for all sorts of persons, both for king and people. That this power of the militia is not in the king only, appears in this : that the power of money is not in the king, but it Avill be granted here, that the power of money is solely in this house ; and w ithout the power of money to pay the soldiers, the power of the militia will be oi little force. i)ut if the poM IT of the militia should be in the king. A. D. 1641.] BULSTRODE WHITLOCKE. IIT yet the power of money being in the parliament, they must both agree, or else keep the sword in the scabbard, which is the best place for it. It is true that the king, by his tenures, may require the service, in war, of those that hold of him ; but if they stay above forty days with him, unless he gives them pay, they will stay no longer. And it is also true, as hath been observed, that our law looks upon the kfng as the Jewish law did upon theirs ; that, by his kingly office, he is to go in and out before the people, and to lead them in battle against their enemies ; but by the laws of the Jews, theii- king could not undertake a war abroad without the consent of the crreat Sanhedrim. And by our law, as is declared by the statute 1 Ed- ward III. and by divers subsequent statutes, the king can compel no man to go out of his country, but upon the sudden commg of strange enemies into the realm : and how many of our parliament rolls do record that the king advised with his parliament about his foreign wars, and could not undertake them without the advice and SLipplies of the parliament. All the power of the militia is exercised either in of- fence or defence. Defence is either against the invasion of enemies from abroad, or against insurrections at home. Against insurrections at home, the sheriff of every county hath the power of the militia in him ; and if lie be negligent to suppress them with the posse comitatus^ he is finable for it. Against invasions from abroad, every man will be forv/ard to give his assistance ; there will be little need to raise forces, wlien every man will be ready to de- fend himself, and to fight /?ro ar'is S^ focis. As to offensive war against a foreign enemy, if the king will make it of iiiiuself, he must of himself pay his army, which his omii revenue will hai'dly afl^brd ; nor can he compel any uf his subjects to serve him in those VOL. I. 1 1 14 SIR BENJAMIN RUDYARD. [a. D. l64^ wars : none can, by \sl\v, be pressed to serve in that war, but by act of pai'liament. But not to waste more of your time, sir, I shall con- clucje that, in my humble opinion,^ the power of the mihtia is neither in the king alone, nor in tlie parha-* ment, but, if any m here in the eye of the laM' ; it is in the king and parliament, both confemng together; and I think it best that it should be there still. I cannot join in that advice to you, to settle the mi- litia of ourselves without the king, but rather witli those worthy gentlemen who have moved that we yet again should petition his majesty that the militia may be set- tled in such hands as both he and you shall agi'ee upon^ whom you may trust, and who, 1 hope, will be more careful to keep the sword sheatlied than to draw it. SIR BENJAMIN RUDYARD. Ilis Speech, rccommcnd'mg conciliatory Mcastcres-. Mr. Speaker, In the way we are, we have gone as far as words can carry us. We have voted our o\^ n rights and the kings duty. No doubt there is a relative duty between king and subjects ; obedience from a subject to a king, pro- tection from a king to his people. The present unhappy distance between his majesty and the parliament makes tl 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 settla these threatening ruining distractions. Mr. Speaker, I am touched, I am pierced with an apprehension of the honor of the house, and success of this ])arliament. Ilie best vvav to give a stop to these d(.sj3erate imminent mischiefs, is to make a fair way for tiic king s return hither ; it will likewise give A.D. 1()42.] SIR BENJAMIN RUDYARD. HF best satisfaction to the people, and will be our best ju9-- tiiication. Mr. Speaker, That we may the better consider the condition we are now in, let us set ourselves three years back. If any man then could have ci'edibly told us, that within three years the queen shall be gone out of England into the I>ow Countries, for any cause whatso- ever, the king shall remove from his parliament, from London to York, declaring himself not to be safe here, that there shall be a total rebelHon in Ireland, such dis- cords and distempei 9 both in church and state here, as now we find ! certainly we should have trembled at the tliought of it ; wherefore it is fit we should be sensible now we are in it. On the other side, if any man tlien Could have credibly told us, that within three years ye shall have a parliament, it Mould have been good news ; that ship money shall be taken away by an act of parliament, the reason and grounds of it so rooted out, as tliat neither it, nor any tiling like it, can ever 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, Mhich none shall have power to dissolve without yourselves ; we should have thought this a dream of happiness ! Yet, now that n e are in the real posses- sion of it, we do not enjoy it, although his majesty hath promised and pubhshed he will make all this good to us. We stand chiefly upon further securitv; whereas the very havins of th(\se thinsis is a convenient fliir securitv, mu- tually securlns: one another. 1 here i^ more security of- fered, cw.n m this last answer of the king's, by removing tiie personal votes of popish lords, by tiie belter educa- tion of papists' children, and by supplying the defects of the laws against recusants, besides what el^e may be enlarged and impro\ed bv a select committee of bolU houses named for that purpose ; wherefore, sir, let us 1 e Mff MR. WALLER. [A.t).l643^' beware we do not contend for such a hazardous unsafe security as may endanger the loss of m hat we have al- ready : let us 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 susceptible of corruption and faihng. God's providence will not be bound ; success must be his : he that ob- serves the wind and rain, shall neitlier sow nor reap : if he do nothing till he can secure the weather, he will have but an ill harvest. Mr. Speaker, It now behoves us to call up all the wisdom we have about us ; for we are at the very biink of combustion and confusion. If blood begins once to touch blood, we shall presently fall into a certain miserj% and must attend an uncertain success, God knows when, and God knows what. Eveiy man here is bound in conscience to employ his uttermost endeavours to pre* vent the etfusion of blood. Blood is a crying sin ; it pollutes a land. Let us save our liberties, and our es- tates ; but so as we may save our souls too. Now I have clearly delivered my own conscience, I leave every man freely to his. MR. WALLER. It 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 resentnnent of the house of commons, or flatter their pride, than the concluding part of this address. Not even one of his own amorous heroea 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 oftended beauty, than Mr. Waller has here employed to appease the fury, and insinuate him- selt once more into the good graces of his political paramour, the houvill (hrsire the ad(iition of the name of Fairfax. And surely the honour of the late lord general M-as not, whilst he lived, any way eclipsed by the succession of your excellency in his command ; but rather aug- mented, A\liilst each retained tlie brightness of his owi> honour, ha\ing both ravs enough to enlighten a king^ douj, then overset ^vith clouds ancj thick darkness. 4.D. lf)44.] OtIVER CROMWELL. 125 I shall need to say no more but this : that tlie world will admire your excellency's worth; posterity will ho- Tiour your nanje ; and that the whole house of commons, hi the name of the commons of Lngland, do return you thanks for your faithful and memorable services. The beginninii, continuance, and eflect wiicreof, I must sole- ly attribute to the Almi^h^yj the Lord of Hosts and Vic- tories. OLIVER Cr.OMWELL. (Member for Cdnihridge, born 1399, died I6J8.J I have given the fwUowiiig speeches of his, to shew that he was not sa bad a siieuker as is generally imagined. The world will never (if they can help it) allow one man more than one excellence ; and if he possesses any one quality in the highest degree, they then, eitluir to excite a foolish wonder, or to gnitify a lurking vanity, endeavour to find out that he is as much below the rest of mankind in every thing else. Thus it has been the fashion to suppose, because Crom- well was a great general and statesman, that therolore he could not utter a sentence that was intelligible, or that had the least connection, or even common sense in it. But this is not the fact. His sijeeches, though not remarkable either for their elegance or clearness, are not remarkable for the contrary qualities. They p.re pithy and sententious ; containing many examples of strong practical reason, (not indeed of that kind which is satisfied with itself, and supplies the place of action) but always closely linked, and serving as a prelude to action, llis observations are those of u man who does not rely entirely on \; ords, and has some other re- source left him besidi.s; but who is neither unwilling nor unable to employ them, when they are necessary to his purpose. If thev do not convey any adetn'.ate idea of his great abilities, they contain nothing from which one might infer the contrary, 'i'hey are just such s[)eeches as a man must make with liis hand upon his sword, and who anpe ds to that as the best decider of contro- versies. Tiiev arc full of bustle and impatience, and alwavs go directly to the point in debate, witiiop.t ]treparaUon or circumloT pution. General Crcnnzcelfi; Speech on th^ Army, That it was now a time to spenk, or for ever to Iiold the tongue, the imporUuit occuoioa behij; no less than to 124 OLIVER CROMWELL. [a. D. 1^44. save a nation out of a bleeding, nay, almost dying con- dition, which the long continuance of the war had al- ready brought it into ; so that without a more speedy, vigorous, and etfectual prosecution Of the war, casting off all lingering proceedings, like soldiers of fortune, be- yond sea, to spin out a war, we shall make the king- dom weary of us, and hate the name of a parliament. For what do the enemy say? nay, what do many say that were friends at the beginning of the parliament ? Even this : that the members of both houses have got great places and commands, and the sword into their hands ; and what by interest in parliament, and what by power in the army, will perpetually continue themselves in grandeur, and not permit the war speedily to end, lest their own power should determine with it. This I speak here to our own faces ; it is but what others do utter abroad behind our backs. I am far from reflecting on any ; I know the Morth of those commanders, members of both houses, who are yet in power ; but if I may speak my conscience, with- out reflection upon any, I do eonceive, if the army be not put into another method, and the war more vigo- rously prosecuted, the people can bear the war no lon- ger, and will enforce you to a dishonourable peace. But this J M ould recommend to your prudence : not to insist upon any complaint or oversight of any commander in chiet^ ujiou any occasion whatsoever ; for as I must acknowledge myself guilty of oversights, so I know they can rarely be avoided in military aflairs ; therefore, waving a strict enquiry into the causes of these things, let us apply ourselves to the remedy which is most ne- cessary. And I hope we have such true English hearts, and zealous affections towards the general weal of our mother-country, as no members of either house will scru- ple to deny themselves, and their own private interests, for tlic public good ; nor account it to be a dishonour donetothnn, whatever the parliament shall resolve upon in this weighty matter. A. D. 1650.] MR. WIIITLOCKE. l25 Another, hy 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 invaluable) so gallantly gotten, and which is more 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 summer s victory has proved but a winter's story. The game, however, shut up with autumn, was to be new played again the next spring; as if the blood that 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 things, the cause whereof the parliament has 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 determine no- thing, but this I would say : 'tis apparent that the forces beincf under several o-reat commanders, want of good correspondency amongst the chieftains has often-time^, hindered the public service. MR. WIIITLOCKE. The following speech displays so much knowledge, and such deep re- search into the irnporiect and obscure parts of English his- tory, that though it is long, and from the nature of tiie subject somewhat uninteresting, I thought it right to let it stand, as a monument of legal learning in the 17th centur}-. A country mav be as different Irom itself, at different times, as one country is from another ; and one object that I have chierly had in view in this work, has been to select such examples as might serve to mark the successive changes that have taken place in the minds and characters of Knglishnien within the last 200 years. The distinctive character uf the period of which we aj'e r.ovr speak- ICff jfR. WillTLOCKE. [a,D. l^JO. ing was, I think, that men's minds were stored with facts and images, ulmost to excess; there was a tenacity and finnness in theiu that kept fast hold of the imprcssiciiis of things as they were first stamped upen tlie mind ; and " their ideas seemed to He like sub- stances in the bruin." Facts and feelings went hand in hand ; the one naturally implied the other; and our ideas, not yet exor- cit^d and squeezed and tortured out of their natural objects, into fl subtle essence of pure intellect, did not fly about like ghosts v'ithout a body, tossed up and down, or upborne only by the ti.K* GAXT FORMS of words, through the vaciii/m of abstract reasoningj and sentimental rermement. The understanding was invigoratd and nouriilied with its natural and proper food, the knowledge of .things \s ithout it ; and was not left, like an empty sstoruach, to f rey upon itself, or starve on tlie me:igre scraps of an artificial logic, or windy impertinence of ingenuity sfelf-begotten. What a dill'ercnce between the grave, clear, solid, laborious stiie of the speech here given, and the crude niet;iphysics^ false glitter, and tritliiig witticism of a modern legal oration ! The truth is, that the afiectation of philosophy and fine taste Inis spoiled every thing; and instead of the honeL,t seriousness and i^implicity of old English reasrtningin law, in politics, ir: morality, in all the grave concern* of life, we have nothing left but a mixed species of bastard so- phistry, gof between iguorunce and vanity, and generating nothing. Mr. TJlntlodiCS Speech on a Proposal in have the Old Laus translalcdj'rom French into FjigllsJi. Mr. Speaker, TiiK question upon Mliicli your present debate ariseth, is of no small nioaient ; v.w is it easily or sj)ccdily to 1)0 de- termined ; for it coini;]-chends no less than a total alter- ntion of the fniiric and eotirse of pioceedings of our laws, uhieh have been establislied and eontinued for so manv years. I should not liave troubled yon "w ith any of my weak dis- course, but that 1 r.ppreliend some mistakes and di.-honour to the law of llnolijud, if passed bv without any answer, that may be of ill consequence; and having attended A*t>. lG50i] MR. wniTLocKE. 127 to heai^them answered by others, who are not pleased to do it, I held myself the more engaged, in the duty of my profession, to offer to your jutiginent, to which I shall always subniit, v hat I have met with, and do sup- pose not to be iraj>ertinent, for the rectifying of some mistakes which are amongst us. A worthy gentleman was pleased to affirm, with much confidence, as he brought it in upon this debate, that the la\\s of England were introduced by William the Con- queror, as (among other arguments he asserted) might appear by their being ^\ rittcn in the French tongue. In his first assertion, that our hiws were introduced by William the Conqueror, out of France, 1 shall acknow- ledge that he hath several, both foreign and domestic authors, whom he may follow therein: The foreign au- thors are, Jovius, iEmilius, Bodine, Hottoman, l)y- nothus, Volateran, lierault, Berkley, Choppinus Us- pargensis, IXIalines, and Polydore, who affirm this er- roneous piece of doctrine ; but the less to be regarded from them, because they were strangers to our Utan s, and took upon trust what they published in this point. Of our own countrymen, they have Paris, Malmcsburv, Matthew A\^estminster, Fox, Cosins, Twyne, ilev- ward, ]\fills, Fulbeck, Cowell, Ridley, Brown, Speed, Alartin, and soivie others. All of them affirm tliat the la^vs of England were ia- troduced by William the Conqueror. But their errors are refuted by Sir Roger 0\vcn, in l.is manuscript, who saith that Roger ^\'cnuove^ and ^latthew Paris, were the first monks that hatched these addled eggs. I shall endeavour to shew you, that the original of our laws is not from the French; that they were not intro- duced by ^VilHiam tiie Conqueror, out of Xoi-mandv ; and I shall humbly oiier to you my answer to some of their arguments who are of a contrary opinion. Polydore, 7ii.9/. ^l/ig. lib. 9. aflirincth, that "William the Conqueror tiiat uppoinLed slicriiis and justices of the 125^ MR. WHITLOCKfi. [a. D. l650 peace; erected tenures; brought in trials by twelve men; and several other particulars of our laws. civoi For sheriffs, their name, Scire Reeve, shews them to be of the Saxon institution ; and our histories mention tiie 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 ; warranties ; cat alia 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 are 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 forms 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 will be fully answered, if that grand customary of Normandy was composed in our king Edward the First's time, as good authors hold it was ; then it cannot be tlidtour laws or parlianicnt could be derived from thence. These learned men say, that this customary was a mere translation of our \^^v book Glanvill ; as the book ot Rcgia Jllaje.sta.f, of the laws of Scotland is; and the A. b. 1^50.] MR. WHITLOCKE. 129 like of the laws of Burgundy. They further add, that the first establishing of the Customary of Normandy wdR in Henry the First's time, and afterwards again about the beginning of Ed^vard the Second's time. If the laws in the Customary were introduced there from England, it will then be granted, that the la^ s of England ^vQ^e not introduced here by William the Con- queror. But I think it very clear that their ^ laws were brouiiht to them out of Eno;latid, and then vou will agree to the conclusion; Our king Henry the First conquered Normandy from his brother Robert, and was a learned king, as his name, Beauclerk, testifies j whom Juo calls an especial establisher of justice. Sequeriuis relates, that this king established the English laws in Nonnandy. Here- with do agree Gulielnms Brito, Annoricus, liutelarius, and other French writers ; w ho mention also, tliat the laws in the Customary of Normandy are the same \\itii the laws collected by our English king Edward the Con- fessor, v\ ho was before the Conf|ueror; An additional testimony hereof is out of William do Alenson Revile, Mho in his comment upon tiie Customary, saith, that all the laws of Normandy came from the English laws and nation. In the Customary there is a chaj)ter of 7id?npes, or distresses, and decreed that one should not brhig his action upon any seizuie, but irom the time of the coro- nation of king Richard ; and this must be our king Richard I. because no king of France was in that time of that name ; and tlie words nauipcs and rcitha'iiams Meie Saxon -words, taken out of the English lawSj signi- fying a paun or (hstress, and in the same sense are used in the Customary. That which j)uts it further out of scruple is, that tliere are yet extant the manuscripts themselves of the Saxon laws, made in the ]>ariiamenlary counsels held l)y them ijcre, which are in tlie language and character of tho:-e \'0L. 1. K 130 HR. WHIT LOCKE. [a. t. l65(T. times, and contain in tliem many of tliose things whidi are in the Norman Customary. It is no improbable opinion that there was a formet establishment of our kA\ s in Normandy before tlie time of Henry the First, and tliat it was by Edward the Con- fessor, ^\ho, as all w riters of our history agree, was a great collector and compiler of our English laws. He lived a long tinje with his kinsman^ duke William, in Normandy, who was willing to please She Confessor iii hopes to be appointed by him to be hrs successor,, wherein the did^e's expectation did not fail him. The Confessor having no children, and finding Nor- niandy without a settled government, and wanting laws,, advised his kinsmart, duke Williani, to receive from him the la\vs of England, \\hich h had coHcctied, and to- establish them in Normandy ; Avhich duke William and- his lords readily accepted for the good of thek people,, and thereby obliged the Confessor. Another proof hereof is,^ tliat such la^ 3 as the Nor- mans had b^efore the time of duke William, were differ- ent from those in the Customary, and from tlie English laus ; as tlieir law, That the husband should be hanged if the wife m as a thief, and he did not discover it ; the meaner people were as slaves, and the like , and the trial of theft by ordeal, v.hich then was not in England. Wigorniensis reports, that the Normans who came in with queen Emma, tlie -w ife of Etheired, ^^efe so hated of the ]Lnglish for their injustice and ialse judgment, that, in the time of king Canutus, they v^ere for this cause banished ; and it is the less pro[)aulc that they, being so unjust themselves, should introduce so just laws as ours arc. Between the conquest ofNorniandv bv Hollo, and the invasion of England by duke "W'illiani, there veie not above 1.50 years j that of Nonnandy was about y/w?. 5)12, tliat of England .7^;/. lObO. It is not then con&onant to reason, that tliose Normans, Pagans, a A. D. ]6J0.] MR. WHITIOCKE. 131 rough martial people, descemled from so many barba- rous nations, should in the time of 1 50 years establisli such excellent laws among themselves, and so different from tiie Frencli laws, among whom they were, and from all parts of the world except England y. and such laA\'S which were not only fit for their dukedom and small territorv, but fit also for this kingdom, which in those days was tlie second in Europe for antiqiiity and worth, by confession of. most foreign historians. If we will give credit to their own authors, this point will be sufficiently evinced by them. These uords are in the proeme of the Customary, which is intitled De^ scriptio Noi'manni(U liiijasgiLC Normanmoi Consuetudinlf Latorcm site D-utorem, Sanctum Edvardum AngllcK Regent, S<;'c. , The same is witnessed by Chronica Chfomcorum: That St. Edward, king of England, gave the laws to the Normans when he was long harboured there ; and that he made both the laws of England and Normandy, ap- pears sufficiently by the conformity of them, for which he cites several particulars, as of appeals, and the cus- tom of England ad prohandum aliquid per credentiam duodccim ho mi. mem i-icinorum, \sliich he saith remained in Normandy to that day. Polv'dorc, forgetting himself v.hat he wrote in another place, saith of king Henry the .Seventh, tliat when a doubt wis made u[)oh the proposal of marriage of his daui';hter to Scotland, that thereby England might iit time be subject unto Scotland, the kin. 1356 (and not improba))ly) mention the alteration of some part of them, and the bringing in some Norman cus-- toms efFectual for the keeping of the peace. There is yet beliind the great argument most insisted on, and often urged by the gentlemen of another opi- nion, -which is the title of William^ m ho is called the Conqueror j from whence they conclude, that by his conquests he changed the laAvs and government of this nation, and that his successors reckon the beginning of their reign from his conquest. To this is answered, that a posse ad esse non xalct argumentwn. The conquering of the land is one thing, the introducing of new la^^^s is another thing ; but there is direct proof to tlie contrary of this argument. Duke A\'illiain never surnamed himself the Con- queror, nor Mas so called in his life-time, as may appear by all the letters patent, and deeds that he made, wherein he is called Gulielmus lie.v, Dili; S^'C. never Canqiiestor ', and our ancient historians give him the same titles, and not that of Conqueror. In the title of Newbrigensis's book he is surnamed ^V'illiam the Bas- tard, ^falmsbury calls him William the First ; Hove- den, William the Elder. Adam dc Myrimuth saith^ that (I Edward III.) this word Conquest Mas found out to denote and distinguish the certain Ed ard, because two of the same name were ))redecesbors to this king, and to the Conqueror, who claimed the crown as heir to Edward the Confessor ; but, saith he, we call him the Conqueror, for that he overcame Harold*. Duke ^\ illiam himself claimed to be ki ig of Eng- land as successor and adopted heir of the C( nfessor ly his will, and Harold's renouncing his title bv oath. The register of St. .Aibans, Alatthew Paris, and others attest, tb.at th^ l)urons of England did homage to him as successor, and he relied on them in his foreign wars ; and the check given to him by the Kentish men, and the forces gathered by the abbot of St. Albans, * I do not understand this p:i-;s:;;ge. y,'D, ]650.] MR, WHITLOCKE. 153 broii2;lit him to engage to confirm the laws of the Con- fessor J and, as his successor by legal right, they ad- mitted him to be their king. Volateran writes, that he was made heir to the Confessor, who was uncle to him. Another athrms, that Edward, by his will, left England to him. Paulus Emilius, and Eulgasius, 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 Harold the Tyrant, because the crown was due to him by the Confessor's mIU, and by Harold's oath. Agreeably hereunto are Gemelicensis, Walsingham, Malmsburv, Huntingdon, Ingulphus, Paris, Pike, Wen- dover, Caxton, Gisborn, and otliers. The ancient deeds of the abbey of Westminster which were sometimes in my custody, do prove this : King M'illiam, in his charter to them, sets forth his own, title to the crown thus : Bencjicio Concessmiis cognati mei et gloriosi Regis, Edwai^di. In his second charter, dated Aiuio 1 5 ot his reign, he saith. In honor of king Edwarfl, who made me liis heir, and adopted me to rule over ttiis nation. In his charter dated 108B, of the Lil)erties of St. ^Martins the Crreat, in tlie manuscript tliCreof are these words : In example of Moses, Mho built the Tabernacle, and of Solomon, who built the 'J'emple, IP^go GuHchnu.'i Dei dispcsitionc et consan- gimiitfitis hccreditate, yhiglorum Basileus, S^'c. The charter of Henry the Eirst, his son, to this abbey \ In honour of Edward my kinsman, who adopted my father and his cliildrcn to be lieirs to this kingdom, ^c. In another charter of Henry the First, in the book of Eli, he calls hiuiself the son ot king William the Great, A\ho hv hereditary ri'Tlit succeeded king Edward, It is true, that as to his })retence of title, by the w ill of the Confes^for, .Matthew Paris objecteth, that the de- vice was void, hcinuj without the consent of the barons. To M-liich may be answered, that probably the law might be so in Henry the Firsts Umc, \vhen Paris wrote, ^nd was so taken to be in the statute of Carlisle ; and 134 ME. WHITLOCKE. [a. D. 16.50. in the case of king John. But at the time of Duke William's invasion, the law was taken to be, that 2^ kingdom might be transferred by vill. So Mas that of Sixtus Rufus ; and Asia came to the Romans by the w ill of king Attains. The words by Aiinaus Florus are, Fopulus ilcmmius bonorum meoriim ha.'res e.sto. Rythinia came to the Romans by the last will of their king Nicomedus, whicii is remembered by Eutropius, together with that of Lybia. Cicero, in his orations, tells us, that the kingdom of Alexandria, by the last will of tjieir king, was devolved to Rome ; and Prasitagus r.v Icefwrum, in England, upon his death bed, gave his kingdom to the em})eror Nero. As to examples in this point at home, this king Wil- liam I. by his ^vill, gave England to his 3^oungcr son William Rufus. King Stcplien claimed by the will of Henry I. King Henry VIII. had power, by act of parliament, to order the succession of the crown as he pleased, by will : and the lords of the council, in queen Mary's time, wrote to her, that the lady Jane's title to tlie crown, Wd:= ly the w ill and letters of Edward \l. As the case of Henry VHI. was by act of parlia' ment, so duke William, after he had conquered Harold, was, by the general consent of the barons and people of England, accepted for their king, and so his title by Mill conlirmetl ; a.nd he both claimed and governed tlie kingdom, as an heir and siiccessor, confirmed their an- cient laws, and ruled according to them. 7'his a|~>pcars b}' Chronica Chronicorum ; speaking of William the Bastard, < king of England and duke of Normandy, he saith, That whereas St. Edward had no heir of England, William having conquered Harold tlie Usurper, obtained the cruMii under this condition, that he should inviolably observe these laws, given by the said Edward. It is tc'st":h(;d likewise by many of our historians, that liie ancient laws of England Mere confirmed by t and IvJward tlie Second's' time. That our hius were plea; led and writU'U in French bcf(jre Fd'.vurd tlic Third's time, appem's by the statute :5o Eduard HI. Cap. 1,5, whicli recites the mischief of the law bein'j in Frciu:!i, and enacts, that the law ^hall hereafter be pleaded in English, and enrolled in Latin. 140 MR. WHITLOCKE, [a. p. iGjO, This is one groiind of the mistaken opinion of Lam-n l^ert, Polydore, Speed, and others, that duke Wilham brought in hither both the Norman laws and language ; whieii I apprehend to be fully answered, ^nd the eonT travy manifested by A^hat 1 have said before on this subject. *Polydcre's n)istake may appear tfie more, when he asserts, that by this statue 36 Edw. III. matters are to be enroUeci in English, m hich is contrary to the express words ; that tliey are to be enrolled in Latin. Many of our law books were written in Latin, before the Norman invasion, as appears by the ancient rolls of manors and courts baron, and our old autiiors Gianyill, liracton, Tilbury, Ilengham, Fleta, the Register- and Book of Entries. The records at Westminster and the Tower, and other records yet extant, are in Latin ; and many books of our law in Latin, were translated into English about Edward the Third's time. ]\Iost of our statutes from Edward the First's time, till about the middle of Henry the Seventh's rei-' reasonable that the la-^v should be in that language \\hich m.ay best be understood by those whose lives and fortimes are Subject to it, and are to be governed by it. Moses read all tlie laws openly before tlie peo- ]jle in their mother tongue. God directed liim to write it, and to expound it to the people in their ovn native language, that what concerned their lives, liberties, and estates, might be made known unto them in tiie most persj)icuous way. The laws of the eastern nations were in their proper tongue ; the laws at ConstantiiiO}>Ie were in Greek J at Home in Latin j in France, Spain, Ger- manv, Sweden, Denmark, and Other riations, tlieir la^^s are published in their native idiom. For our own coun- try, there is no man that can read the Saxon character, but may find the la'ws 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 vvas the judr, .icnt of the parliaiiient, 36 Edward III. tliat jtlea.liiig.s should be in English j and in the reigns of tlicse kings when our statutes' v.ere enrolled in French and Engrr- , yet tlien the sheriffs in tlieir several counties were to pro- claim them in English. I sliall conclude m ith a ccmphdnt of what I have iiict with abroad from some miiiuiry ]>-ersons- iiolhing but A. D. 1656.] JOIIX THURLOE. 145 scoffs and invectives against our law, and threats to tiike it away ; but tlie law is above the reach of. those wea- pons, which at one time or anotiier will return upon those that use tliem. SoUd arguments, strong reasons, and authorities, are more fit for confutation of any crroi-, and satisfaction of different Judgments. Wlien the emperor took a bishop in complete armour in a battle, he sent tlie armour to the pope, with this word : HcEccinc sunt testes JiUi tiii? so may I say to those gentlemen abroad as to tlieir raiUngs, taunts, and tlueats, agaia-sttne law, H(fcd)ie sunt argumcnta hortim antinowiunoriim ? They will be found of no force, but recoilmg arms. Nor is it ingenuous or prudent tor Englishmen to deprave their birth-ridit, the laws of their own country. But to return to the matter in debate : I can find neither strancreness nor forsee great inconvenience bv passing this act ; and therefore, if the house shall think lit to have the question ])ut for the passing of it, I aia ready to give my affirmative. JOHX THURLOE, (Author of the State Tapers, and confidential Secretary to CromKell,) Was born in \6\6, and died in 16G8. The following speech of his is interesting, as it shews the temper of the times ; it is shrewd and VLiliiur enouiih. J}lr. Thurlocs Speech. ]\Ir. Speaker, The sco})e ot this bill is to sjt an cxtraordinan' tax upon the old delin(jueut parly, with a )etr>;s])LCt f)v wiiv of apj)r()bati,)n ot wluit hath been done of tliis kind bV his highness and the ccuncil ; s j tiiat we aie to coikider, 144 JOHN TiiukLOE. [a.d. 155^. i, What reasons his highness and council had to lay the charge. -. 2, Upon what grounds it shall be continued by act of parliament. AV'hat moves me to speak in it is, the plate I have the honor to bear. The occasion was, the last insunection made by the old delinquent party. AVho these old delincjuents are, I suppose nobody needs any informa- tion ; they are described in the bill to be those m ho were in arms for the late king against the parliament, or lor Charles Stuart, the son; or have adhered to, tissistt d, or abetted, the forces raised against tlie par- liament ; or whose estates have' been sequestered for dc- lin(|uency; \ ou know^ sir, much better than I, and so do most men here, Avhat the design was before the long pariia- ment ; it mqs to alter our religion, and to subvert the fundamental laws. The bishops, so they might enslave Our consciences, and have us at their will to impose their ceremonies, which were but inlets to popery, were content we should be at fhe king's will for our persons and estates. I re- member myself, and many here remember much better, how many were banislied into foreign parts, that they might serve God witliout fear, which they could not do here. J\Iany good ministers were imprisoned, others silenced. If two or three christians met together to jjray, this a\ as a conventicle, and they were haled before the then poAvcrs. I fear these things are forgotten, and we value not tlie liberty we have in these cases. I know what thouglits we had then, that that was the design. And so, in the state, tlie prerogatise was very high.j but the people's liberty was very low. AVe have not tbrgot the German horse that were to be brought over, and the army in Ireland, that was to be raised to en- slave them lirst and then to do tiie same here. AVhat wat doing in IScotland, many gentlemen here, I doubt A. b. 1656.] ioiix TiiuiiLOE. l45 nrtt, tliat rejoice to see this day, can tell you large storied ^Parliaments were set aside. How many had ye ])c- tweeh 3 and 1 6 Car. iii 1 3 years together ? Not one ! No, thiey had got a way to govern ^Aithdut parliaments,- and tlie law^ in Wcsbninster Hall began to be of little use. The judges that were honest and trufe to the people's libertiesj were either removed or discounte- nanced, that ad placitum regis shit senfentirs kgis. Other courts flourisFied : the inarches of Wales, the presidentship of York, tlie star chariiber, the council- board, the high commission, and, I am loth to name, the chancery ; but good ui5e was made of that, too, for their purposes, that were arbitary ; and the design was to rack all things^ $0 that a man could not to be met with there that would hear reason. The truth was," the design Wls to govern us by a power that might be turned agaih.^t us ; and it was Said, quod placuit principi, kgis "cim habet. Things were almost become desperate, and all men who loved their country thought, all, either of suffering or of flying ; this, I say, was the first design. To do ail arbitrary act out of necessity to Save the Avholc, that's another thing; but this was matter of choice. In this conjuncture of affairs, the long pn^liament comes, <]uestions the king's counsellors; undertakes the cause of the nation, and advises the king. Instead of listening to them, he takes the advantage of raising an army in prosecution of his former design, and to defcncf those who were the instruments thereof A great part of the nation whom he and his counsellors fiad de- bauched, and who vere seasoned with the Srfnie i)nn(i- ples^ in hatred to the spirit of reformation and Hberty," which appeared in the parliament, adherer! to him, took up arms with him, and in his cause ; and I behove no- body here hath forgot how much blood and treasure tJii-; course 1 a'h co^tthis nation'in a ten y \u-s war, loi- ne ir so long hath this [)arty of men held u^) thnr caubc' VOL. r. 1 146 JOHN T-HURLOE. [a.D. 1^50^ aforesaid against the good i)eople of tliis land by an open Mar ; and v hat ha\oek hath been made of the lives and estates of many a good pattiot durittjj; tliis time, is yet to be lameiited ; and the loss of your re-' latioas, the emptiness of your purses, exhausted in this war, the signal deliverances which God hath given youy \\ ill not suffer you to foi'get what our condition had been if we had been given up into the hands of these men. These are tlie men, sir, tlvis is the old delinquent that we have to do with in this bill- f? In the management of tliis var aac have had many =^ivi.sions and snbdivisions amongst ourselves. In the church, presbyterians, independents, anabap- tists J in the state, bad commonwealths men ; such as mercenary soldiers, lawyers, fifth monarchy men, every One labouring for their own interests ; but uone of all tliese are now in questioi?. But 'tis tlie xAd enemy, men that Avould bring in the hierarchy again, and m ith it popeiy ; persecution for conscience saJ^e, bring in tyranny over our persons and estates j who endeavoured to have made the land desolate rather than not have brouglit this to pass ; brought in all manner of profancncss and debauchery. I wish we do not forget v> liat manner of men thcv were ; we did all once asree ajiainst them, and I hope we shall do so again so long as tliey retaui, 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, for tJieir delinquency, and tliey have had an act of oblivion, and arc now, hi justice, to be locjked ujjon as the rest of the nation. That, .'-ure, is p.ot hard to answer : Their composition was but for what they had done sure it Mas not for ail tliey should do! 'J'he i)ardon Mas but of oiiences ]ms ; it Mas n(;t like the pope's pardons, that are ot all sins eoniiiiiucd and to be coimnitted ; so th-at if they be A.D. 1656.] JOHN THURLOE. 147 guilty of new offences, it is just to subject them to Hew penalties, and they to be dealt with as if they had made no composition, nor had any sucli pardon granted theih. But then the greater question isj what these men have done which may justly cancel their former gi'ants, and how tliis comes to be a common case ? If some of them have offended, must all suffer ? In answer to this, I would premise two things ; 1. The question is not about confiscation of life and estate, which the former war subjected them to, and which, without their composition or pardon might have been inflicted ; that offence was capital : but it is only^ whether tliey shall pay somewhat more to the public charge than those that have been of the other party ? 2. Exception is propounded to those who either have, or shall give evidence of,, their having forsaken their foi'mer interest. The onus probdndi is put on their side, and many have had the fruit of this. His highness and the council having had good satisfaction concerning many of them^ have discharged their decimation, and I suppose this bill is riot, or ought not to reach to these j so that the ^ book carries in it the grounds of the true Christian protestant religion ; it is a book of' bo()k< ; it cciUtains hi it both precepts and examples__fur good goverumeut. J50 MR. LENTHALL. [a. D l657. ..Alexander so highly valued the books of his master, - Aristotle, and other great princes other books, that they have laid tliem every night under their pillows. These are all but legends and romances to this one book a book tq 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 sittcth upon 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 his heart be not lifted up above his brethren, and that he turn not aside from the commandment, to the right hand or the left ; to the end he may prolong his days in this kingdom, he and his children in the midst of Israel." The next thing that I am to offer to your highness, is a sceptre, not unlike a staff; for you are to be a staff to the weak and poor, 'Tis of ancient use in this kind 5 't's said in scripture, in reference to Judah, tlie royid tribe, tha|; tiie sceptre shall not depart from Judah. It w-as of like use in other 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 -, a sword rather for defence than offence -, not to defend yourself only, but others also. This sword is an emblem of justice. The noble lord Talbot, in Ilcnry the Sixth's time, wrote upon his swprd, Ego sum Talboti propter occidcndum 'uiimicos meas. This gallant lord ^\ as a better soldier tlu n a critic, If I might presume to fix a motto upon this sword, it should be this : Ego sum dominiprottctorls, adprotegeudum populuvi iJicuul I say this sword is an emblem of Justice, and it is to be used as king Solomon used his 3 for tlie discovery of A. D. 1657.] OLIVER CROMV^rELL, 151 the tnith in points of justice. I may say of this sword, a;? king David said of IJoliairs sword, there is none like this. Justice is tiie pro[>er vii-tiie of the imperial throne, 3nd hy justice the thrones of kings and princes are esta- jblished. Justice is a royal virtue, which, as one saith of it, 4oth employ the other three cardinal virtues in her service. 1. Wisdom, to discern tlie nocent from the innocent. 2. Fortitude, to prosecute and execute. 3. Temperance, so to carry justice, that passion be no ingredient, and that it be without confusion or preci-^ pitatiort. You have given ample testimony in all these paiiicu^ lars ; so that this swcjrd in your hand will be a right sword of justice, attended with wisdom, fortitude, and temperance. When yon have all these together, what a comely and glorious siglitit is to beiiold a lord .protector, in a purple robe, with a scc[)tre in his hand, a s^^ord of justice girt al)out him, and his eyes fixed upon the bible ! Long nray you prosperously enjoy them all, to your own coiut fort, and tiie comfoit of the people of these thrco j]ations. OLIVER CROM^VELI I HAD very conifortaliic expectations that God would make the meetiuL]: of this piu'liiunent a blrssin^i and the Lord be my wiln- ss 1 dcsireJ ihe canying on ttie afi'airs of the nation to tiicse e.idj. The blc^shig which 1 mean, and which we e\'erclinibed at, was mercy, truth, righte- ousness, and pcacu j ;iud wiiicli I desire may be un- j>roved. That which broHg!it me into the capacity I now stand in, -was the petition and advice gi\en mc hy you j wiio. lo2 [ OLIVER CROMWELL, [a.D. 1(557, in reference to the ancient constitution, did draw nie to accept of the place of protector. 1 here is not a ni^ii living can, say I sought it^ no, not a man nor woman treacHng upon EngHsh ground j but contemplfVting the sad condition of tlicse nations, reheved from an intes- tine vvar, intQ a six or seven years' peace, I did think the nation happy therein. But to he petitioned (hereunto, and advised by you to undertake such a government, a burden too heavy for any creature, and this to be done by the house that then had the legislative capacity* j I did look that the same men that made the frame, should niake it good unto me. I can say, in the presence of God, inconiparison with whom we are but Hke poor creeps ing ants upon the earth, I would have been glad to have lived under my wood side, to have kept a flock of sheep, rather than undertook such a government as this is -, but, lindertaUng it by the advice and petitiori of you, I did look that you that had ofl'ered 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, who then had the power to prevent tumultuary and popular spirits, and it was granted I should name another house. I named it of iiien that shall meet you wheresoever you go, and shajie hands with you, and tell you it i& not titles, nor lords, nor party, that they valu.e, but a christian and an English interest j men of your own rank and quality, who \\ ill not only be a balance unto you, but to themselves, while you love England and religion. Having proceeded upon these terms, and fuiding such a spirit as is too nuich predominant, every thing being, too high or too low, when virtue, honesty, piety, aii issouu.Uiing like tli'j style oi^ivlliigh Evan^, in Shakes- 154 OLIVR CROMWELL. [a.D. 1^37, have sat, than it hath been from the raising of the last session to this day ; through tl^e intention of devising a oommonwea}tl:i a^ain, that some of the people might be l^e men. that might rule allj and they are endeavouring to. engage tlie arniy to carry that thing. And hath that man been true to thi$ nation, whosoever he be, espe- cially that hath taken an oath, thus to prevaricate ? These designs have been among the army to brcaJi and di\'ide us. I speak this in the presence of some of the army, that these things have not been according to God, nor according to trutli, pretend what you will. These things tend to nothing else, but the playing tlie king of Scots' game, if I may so call him j and I think myself bound, before God, to dp what I can to prevent it. That which I told you in the Banquetting House, was ti-ue I that there were preparations of force to invade us ^ God is my w itncss, it has been confy-med to me since, within a day, that the king of Scots hath an army at the water side, ready to be shipped for England, I have it from those w ho have been eye witnesses of it j and w hile it in doing, there are endeavours fron;^ some, who arc not far from this place, to stir up the people of this town into a tumulting. What if I had said into, a rebellion? And I hppe I shall make it appear to be no better, it' God assist nic. It hath been not only your endeavour to pervert the army, while you have been sitting, and to draw them to state the question alioutthe commonwealth j but .>ome of you have been listing of persons, by commis- sion of Chrivles Stuart, to join A\ith any insurrection that may be made. And what is like to come upon this, the enemy IkIu^- ready to invade us, hut even present blood anfl confusion? And if this be so, I do assign to this lause your not assenting to^\hat you did invite me to l)y the petition and advice, as that ^^ hich might be the set- tlement of the nation ; and if tliis be the end of vour sittiui!;, and this be your carriage, I think it high time that an end be put unto your sitting, and I do dissolve this parliament. And let God i'l'.'iie between me and vou. A. D. 103S.] RICIIAIID CROMWELL, |55 KICHARD CROMWELL, Succceedcd his father in the Protertori^te ; but spoi^ after, not being able to retain the government in his hands, lie resigned, and went abroad. He <{io(i IJVl. It is curious to have s)met\ii"g of a nian who, from the weaknosi? either of his uudfirstanding or pas- sions, tarnely lust a kingdom which Uis father had gaii^ed. Jllchard Cromxcdh Speech on the Meeting of Parliament. My Lords and Gentlemen, I BELTKVE there are scarce any of you. here, who ex- pected some months since, to have seen tliis great as- sembly at this time in this place, in peace, considering the great and unexpected change M'hich it liath pleased the all-disposing hand of God to make in the midst of us. I can assure you, that if things liad been according to ovu' own fears, and the hopes of our enemies, it had not been tlius m itli us ; and tliereforc it will become both you and nie, in the fnst place (as to reverence and adore the greivt God, possessor of heaven and eaitli, in whose hands our breatli is, anti w hose are all cur ways, because of his judgnients,) so to acknowledge him in his "oodness to these iauvls, in that he natii not added sor- row to sorrow, and made the period of his late highncss's life, and tiiai of the nation's peace, to have been in one day. Peace was que of the blessings of my fath.cr's govern nient; a mercy, after so long a civil war, and in the midst of so great (!i\i-ion \\hich tiiat war bred, is not usually |.ifforded by God unto a people in so great a measure. The cause of God and these nations, which he was engaged ii>, met in nil the paiis of it, as you well know, v,ith many enc luies and great opposition. The archers, jMiviiy and ojjenly, sorely grieved him, and shot III him; yet his bow abode in ::ai.ngdij and tiic arms of Ip6 RICHARD CROMWELL, [a. D, iGoS, his hands were made strong by the hands of the mighty God of Jacol^. As to himself, he died full of days, sj)ent in great and sore travail ; yet his eye.s were not ^\ axed dim, neither Mas his natural strength abated, as was said of Moses, 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 safely, every man under his vine, and under his fig tree, from Dan, even to Beer- slieba, ' I|e is gone to rest, and we are entered into his la- bours j and if the Lord hath still a blessing for these lands, (as \ ti'nst he hath,) as our })eace hath been' lengthened. out to this day, so shall we go on to, reap the fruit, and gatlicr the harvest of ^vhat his late highness hath sown, and laid the foundation of. For niy own part, being by the providence of God, and the dispositioii of tljela\v,my fatiier's successor, ancl bearing that j)lacc in the govo'nuK'nt that I do, I thought it for the public ijiood to call 4 parliament of the three nations, ntnv united and conjoined together into one commonwealth, under one goyerninent. It is agreeable, not only to my trust, b,ut to iny princi-. pics, to govern these nations by the advice of my tncx iiouscs of parliauieut. I find it asserted in the hum l)lc petition and advice, (winch is the corner stone of this building, a^d that which I shall adiicre to,) that parliaments ,D. I6J8.] iHCHAHD CROMH^ELL^ 1J7 self,) to consult together for their' good. I can say, I meet you w ith the same desires^ having notlnng in iny design hut the maintenance of the peace, laws, liberties, both civil and christiany of these nations ; wirich I shall always make the measure and rule of my goveriinient, and be ready to spend my life for. .:. ^ We have summoned you up at this time, to \ei yori know the state of our affairs, and to have your advice irt them ; and I believe a })ariiament w as never summoned upon a more important occasion. ;;' v:^; It is true, as I have told you, we arc, thi*oii^ flie goodness of God, at this time in peace; but it. is not thus with us because Ave have no enemies. No, therfe are enough, both Avithin us and without us, Avho would soon put an end to our peace, were it in their power ; or should it at any time come into their power. It will be becoming your wisdom, to consider of the securing of our peace against those, A\iio \vc all know are, and ever will be, our implacable enemies ; wliat the means of doin^ 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 tliey w ere not the best army in the world, you would have heard of many inconveniences, by reason of the great arrear of pay Avhich is noAv 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 sonic speedy and efl'ectual wav. And this being matter of money, I recommend it particularly to tlic house of commons. You have, you know, a war with Spain, carried on by tlie advice of j)arlianient. He is an old enemy, and a potent one ; and therefore it will be necessary, both for the honour and safety of these nations, that th4t war be vigorously prosecuted. 158 RICHARD CROMWEtL. f^. !>. !^;^^. Furthcnnore, tlie coristitution of affairs in all oiir neighbour countries^ and round about us (as "^vell friends as enemies,) is very considerable, and cail^i upon us to be upon our guard, both at land and sea ; aiid to be in a posture able to thkintain and conserve our ovin state and interest. Great and povt-eiful fleets are preparing to beset forth into the^e seas, and considerable armies of several na- tions and kings are iiow disputing for the mastery of the Sound, with the adjacent islands and countries ; among which is the emperor of Germanyj with other popish states. I need not tell you of w hat consequetice these things are to tliis state. We have already interposed in these affairs, in such inanner 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 ma}^ with the assistance of Godj provide that their differences may tiot prejudice us. Tiie other things that are to be said, I shall refer to my lord keeper, Fiennes; and close tip what I have to say, with only adding two or three particulars to 1vhat I have already said. And first, I recommend to your care, the people of God in these nations, with their concernments. The more they are divided among themselves, the greater prudence should be used to cement them. Secondly, the good and necessary work of reforma- tion, both in manners and in the administration of jus- lice ; that profantness 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, whicli 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 English zeal to that cause, is still amongst us. Lastly, my lords, and you, gentlemen of the house of commons, that you v, ill, in all your debates, maintain A. D. 1660.] CARLE$^. lod awl conseiVe love, and unity among yourselves, thait tlierein you ijiay be the pattern of the nation, vyho have sent you up in peace, and with their prayers, that the spi- rit of wisdom and peace may be among you ; and this shall also be my prayer for you ; and to this let us all axld our utmost endeavours for the making this an Jiappy parliaments Charles il \Vas hortx 1 ^30, and died 1 685 . This prince is justly cdebratitJ 'fdr his understanding and wit. There is, however, nothing reinaric- able in his speechef to parliament, of which the following is very fair specimen. T^ie King's Speech en the second Meeting of Parliament. My Lords, and Gentlemen of the House of Commons : I will not spend the time in telling you v, hy I called }^ou 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 I well remember when I was last in this place, t promised that I would call a parliament as soon as could be reasonably expected or desired ; and truly, considering the season of tlieyear, and all that has been done since wg parted, you could not reasonably expect to meet sooner than now we i\o. If it might have been a week sooner, you Mill con- fess there was some reason to defer it to this dav. For this day, (we may witliout superstition love one day, [/re- fer one day before another, for the nicmoiy of some bles- sings that bcfel us that day,) and then you will not won- der that tlie memory of the great atlcction the v, hole *^66 CHARLES ir. [a. D. }^5^ kiriordom shewed to me tliis day twelve mohtH, hiademfe desirous to meet you agaiii this day, when I dare swear you arc full of the same spirit, and tliat it Mill be lasting in you. 1 think tliere are not many of you who are not particularly known to me ; there are very tew cff tviiom 1 Jiave hot heard so much good, that I aih sure as I can heof any thing that is to couk^, that you will all concur with nie, and that I shall concur ^ith you in all tilings which may advarice the peace, plenty, and pros- perity of tiie nation ; I shall be exceedingly deceived else. .",'..', - My lords and gentlemen : You will iind what method I think best for your proeeedmgs, by two bills I, have caused to be prepared for you, which are for confirma- tion of all that was enacted at our last meeting. And above all, I must repeat "^vhat I said -ivhcii I was last here< that next to the miraculous blessing of God Al- mighty, and indeed, as an inmiediate efi'ect of that blessing, I do impute the good disposition and security we are all in, to the happy act of indemnky and obli- vion. That is the principal corner stone which supports this excellent building, that creates kindness inusU) each other, and confidence ill our joiiit and common security. I am sure I am still of the saiue opinion, and more, if it be possible, of that opinion, tliai:! 1 was, by the experience I have of the b^ricfit of it, -and from the unreasonable- ness of ^vliat some men say against it, thougli 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 they be so upon old principles, and pull up those principles by the roots. }jut I shall never think him a wise man, who ^vould en- deavour to undermine or shake that foundation of our public peace, by infringing that act in the least degree ; or that he can be juy friend, or wish me well, m ho would persuade me ever to consent to the breach of a promise I so solemnly made -when I was abroad; and performed u itii that isolemnity, because, and after I pro- A.D. ]660.] CHARLES II. \6l mised it, I cannot suspect any attempts of that kind by any men of merit and virtue. I will not conclude without telling you soipe news ; news that I think will be very acceptable to you, and therefore I should think njysclf unkind and ill natured if I should not impart it to you : I have been often put in mind by my friends, that it was now high time to marry, and I have thought so myself ever since I came into England. But there appeared difficulties enough in the choice, though many overtures have been made to me ; and if I should never marry till I could make such a choice, against which there could be no foresight of any inconvenience that may ensue, you would live to see me an old batclielor, 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 I resolve to marry, if God please. And towards my resolution I have used that deliberation, and taken that advice, as I ought to do in an alikir of that importance; and trust me, with as full considera- tion of the good of my subjects in general, as of myself. It is with the daughter of Portugal ; when 1 had, as well as I could, wei*j!;hed all that occurred to me, the first re- solution 1 look; Mas to state the whole overtures wliich had been made to me, and in truth all that tiad been said against it, to mv pi'ivy council ; without hearing whose advice, I never did, nor ever Avill, resolve any thing of public impoitance ; and I tell vou, with great satisfaction and comfort to myself, that atter many hours' debate in a full council, for I think there was not above one absent; and trulv I believe u[)on all that can be said upon that subject, for or against it, mv lords, without one dissenting vote ; vet there were vervfew sat sileiit, but advised me with all inuiginable chearfulness to this mar- riage; which I looked upon as very wonderful, and even as some instance of the approbation of Clod himself; and so took up niv own resolution, and concluded all uitli the anjbassador of Portugal, who is departing with the whole treaty, signed, wliich you will find to contain VOL. I, .M I62 EDWARD HYDE. [X. D. l660. many great advantages to the kingdom ; and I shall make all the haste I can to fetch you a queen hither, who, I doubt not, will bring great blessings with her to me and you. J EDWARD HYDE, (Earl of Clarendon, and Lord Chancellor of England,) Was born in 16O8, and died abroad in l673. He was a steady ad- herent to the royal party, but in 1667 he was accused of treason, and obliged to withdraw secretly into France. lie wjis a man of great abilities, and wrote the well-known history of the Rebellion. His daujihter was married to James II. The Lord Chancellors Speech at the Restoration. ]\Iy Lords and Gentlemen, 1l ou are nov/ returning to your counties to receive the thanks and acknowledgments of friends and neighbours for the great things you have done, and to make the burdens you have laid upon them easy, by convincing them of the inevitable necessity of their submitting to them. You will make them see that you have proceeded very far towards the separation, and even divorce of that necessity from them, to which they have been so long married ; that they are now restored to that blessed temper of government, under m hich their ancestors en- joyed so many hundred years, that full measure of feli- city, and the misery of being deprived of Avhich tliey have so sensibly felt ; that they are now free from lliose midnight alarms ^vith v.hich they have been so terrified, and ii.sc otl" their beds at their own healthy houses, with- out being saluted with the death of a husband, a son, and frien-ui. 1660.] EDWARD HYDE. I60 You may tell them, as a great infirmity, that a troubled and discontented countenance so aftiicts him, that he "w Quid remove it from them at his own charge, as if he himself were in the fault. 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 several corners of the town,) his majesty hath been heard to say no more but " What have I done ? I wish that gentleman and I were acquainted, 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 prince's satis- faction and content j to w hom we may very justly say, as the king of Tyre w rit to Soloman, " Because God hath loved his people, he hath made thee king over them."' Even his o^^ n defects and infirmities are very necessary towards the full measure of your prosperity. My lords and gentlemen, God hath enabled us to in- vert one argument, ^vhich I hope niay, to a good degree, repair the much mischief it hath heretofore done. It hath been urged very unreasonably, yet successfully urged, in the u orst times, that it ^vas not faith, but j)re- sumption, to expect that God would restore a family with which he scciued to have a controversy, and hatJi humbled so far ; that he would countenance a party that he had so much discountenanced, and almost de- stroyed. A\'c may here much more reasonably, and therefore I ]io[)C as effectually, press the miracles that God Almighty hath lately ^srought for king and ])eople, as an evidence t'lat he will not again easily forsake tliem. We may tell tho^e who are using all their endeavours to embroil the nation in new troubles, tliat it is not pro- bable that a nation against which God hath seemed these late years to have pronounced his judgements in the very language of the propiiets : Go, ye swift messengers, to a nation scattered and peeled, to a people terriljle from the beginning hitherto, to a nation rooted out and l66 EDWARD HYDE. [a.D. \660 trodden down, Mhose lands the rivers have spoiled ; the Lord hath mingled a perverse spirit, in the. midst thereof, that he should reduce that perverseness to the greatest meekness and resignation. I'hat 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 mercy and fury of a i'ev: discon- tented persons, the worst of tlie nation, is not easy to be believed. We may tell those who still contrive the ruin of the church, (the best, and best reformed church in the christian world, reformed by that authoiity, and with those circumstances 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 catholic, 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 Avidow and her family so long, is very Jittle more miraculous than that such a number of pious, learned, and very aged bishops should so niiriny 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 .-arrilcge. protaneness, and inipictv iiad covered, and, to conuuon understandhig, swallowed it up, that the church sliouid again appear above the vaters, 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 hhn ; nay, that many of those who seemed to thirst after tliat revenue till they had possessed it should conscientiously restore wlmt they had taken away, and become good sons and w illing tenants to tiiat church they had so lately spoiled, may make us all A* t). 1660*] EDWARD HVDE. }67 piously believe that God Almighty would not have been at the expense and charge of such a deliverance but in the behalf of a church very acceptable to him, and which shall continue to the end of the world, and against which the gates of Plell shall not be able to prevail. We may tell those desperate wretches who still har- bour in their thoughts wicked designs against the sacred person of the king, in order to the compassing of their own imaginations, that God Almighty would not have led him through so many wildernesses of afflictions of all kinds ; conducted him through so many perils at sea, and perils by land ; snatched him out of the midst of this kingdom when it was not worthy of him, and when the hands of his enemies were even upon him, when they thought themselves so sure of him, that they would bid so cheap and so vile a price for him, he could not in that article have so covered him ^vith a cloud, that he tra- velled, even with some pleasure and observation, through the midst ot his enemies. He would not so wonderfully have new modelled that army, so inspired their hearts, and the hearts of the A\hole nation, with an honest and impatient longing for the return of their dear sovereign ; and in the mean time have so tried him, (which had lit' tie less providence in it than the other), with these un- natural, or at least unusual disrespects 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 value, and tlie whole unwasted bulk of his affections, without being corrupted and biassed bv ex- traordinary foreign obligations. (J^x\ Almighty would not have done all this but for a servant m liom he Avill ah\ ays preserve as the apple of his own eve, and always defend from the most secret imaginations of liis enemies. If these argumentations, gentlemen, urged Mith that vivacity as is most natural to your own jj^i-atitude and affections, reco\ er as many (and it would be stranae if they should not) as have been corrupted by the other logic, the hearts of the wliole nation, won to a nrau. will 168 DUKE OF BUCKINGHAM. [a.D.1()^8 insensibly be so devoted to tlie king, as the Only conser- vator and protector of all that is dear and precious to them, and will be so zealous to please him, whose greatest pleasure is to see them pleased, that when they make choice of persons again to serve in parliament, they will not choose such as they wish ^ould oppose the king, but therefore choose, because they have, and be- cause they are like to serve the king with their whole hearts ; and since he desires w^hat is best for his people, to gratify him in all his desires. This blessed harmony would raise us to the highest pinnacle of honour and happiness in this world; a pinnacle without a point, upon which king and people may securely rest and repose themselves against all the gusts, and storms, and temp- tations, which all the malice of tliis world can raise against us ; and I am sure you will all contend to be at the top of the pinnacle. I have no more to add but the words of custom ; thftt the king declares this present parliament to be dissolved ; and this parliament is dissolved accordingly. GEORGE VILLIERS, (Second Duke of Buckingham,) Horn ifi^r, clipfl 1688. He is famous for having written the satiri- cal play of the Rehearsal. His speech at a grave conference be- tween the lords and commons, to decide the limits of the judicial authority of the former, is very like what one might expeit from him. lie seems chiefly aiixious to avoid the imputation of know- ing or caring more about the matter than became a gentleman, and a wit ; at the same time he talks very well about it. A. D. 1668.] DUKE OF BUCKINGHAM. l69 Duke of Buck'mghams Speech on the Right of the Lords to try certain Causes. Gentlemen of the House of Commons, I AM commanded by the house of peers to open to you the matter of this conference, which is a task I could wish their lordships had been pleased to lay upon any body else, both for their own sakes and mine ; hav- ing observed in that little experience I have made in the world, there can be nothing of greater difficulty, than to unite men in their pinions, whose interests seem to disagree. This, gentlemen, I fear, is at present our case ; but yet I hope, when we have a little better considered of it, we shall find that a greater interest does oblige us, at tliis time, rather to join in the preservation of both our privileges, than to differ about the violation of either. We acknowledge it is our interest to defend the ricrht 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 them. All that their lordships desire of you upon this oc- casion, is, that you will proceed Avith them as usually friends do, when they are in dispute one with another; that you will not be impatient of hearing arguments urged against vour opinions, but examine the weight of what is said, and then impartially consider which of us two are the likeliest to be in the wrong. If you arc in the Avrong, we and our predecessors have been so for these many hundred vears ; and not only our predecessors, but yours too. This being the first time that ever an appeal was made, in point of ju- dicature, from the lords' house to the house of eoni- 170 I>UKE OF BUCKINGHAM. [a. D. l66'8, mons : nav, tliose verv coininons wliich turned tlie lords out of this house, though they took from theih many other of their privileges, yet left the constant . practice of this till tlie very last day of their sitting ; and this will be made appear by several precedents these noble lords \\ ill lay before you, much better than I cart pretend to do. Since this business has been in agitation, their lord- ships have been a little more curious than ordinary, to " inform themselves of the true nature of these matters now in question before us, which I shall endeavour to explain to you as far as my 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 founded in reason, and is obvious to -common sense. The po\\er of judicature does naturally descend, and not ascend ; that is, no inferior court can have any power which is not derived to it from some power above it. The king is, by the laws of this land, supreme judge in all cases ecclesiastical and civil ; and so there is no court, high or low, can act but in subordination to him ; and though they do not all issue out their writs in the king's name, yet they can issue out none but by virtue of some po\ver 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 highest court in which the king can possibly sit, that is, his su])reme court of lords in par- liament, has in it all 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 every nian, and every cause, is to be tried according to magna charta; that is, by his peers, or according to the laws of the land ; and he tlrat is tried by the ecclesiastical courts, A.D. l6C8.] DtTKE OF BUCKINGHAM. 171 the court of admiralty, or the hiiih court of lords in parliament, is tried as much by tlie laws of the land as lie that is ti'ied by the king's bench or common pleas. When these inferior courts happen to Avrangle among themselves, which they must often do by reason of tlieir being bound up to particular causes, and their having all equally and earnestly a desire to try all causes them- selves, then the supreme court is forced to hear- their complaints, because there is no other way of deciding them ; and this, under ik^our, 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 their causes originally before the supreme court ; but then the couit is not obliged to re- ceive them, but proceeds by rules of prudence, in either retaining or dismissing them, as they think fit. ' This is the sum of all that your precedents can shew us, whicli is nothing but what 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 argument 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 \vith matters of this nature. Nor will this a{)pear strange, if you consider the con- stitution of our house ; it being m ide up partly of such Avhose en]{)loymcnts will not give them leisure to attend the hearing of pri\'ate 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 we desire to have few or no causes brought before us, because we get nothing by them, so tiiey desire to have all causes brought before them, for a reason a little of the contraiT nature. For this very reason, it is their business to invent new wavs of drawing; causes to their courts, which 172 DUKE OF BUCKINGHAM. [a. D. l6b^8 ought not to be pleaded there ; asj for example, this very cause of Skinner that is noAv before us (and I do not speak this by rote, for I have the opinion of a reverend judge in the case, who informed us of it the other day in the house,) they have no way of bringing this cause into Westminister Uall, but by this form, the reason and sense of ^^ hich I leave you to judge of The form is this ; that instead of speaking as we ordi- nary men do that have no art, that IVIr. Skinner lost a ship in the East Indies, to brinsr this into their courts they must sav, that Mr. Skinner lost a ship in the East Indies, in the parish of Islington, in the county of ^liddlesex. Now some of us lords that did not understand the refinedness of this style, began to examine what the rea- sons of this should be ; and so we found, that since they ought not, by right, to try such causes, they are resolved to make bold, not only with our privileges, but the very sense and language of the whole nation. This I thought fit to mention, only to let you see that the whole cause, as well as many others, could not be tried properly in any place but at our bar, except ]Mr. Skinner would have taken a fancy to try the right of jurisdictions between Westminister hall and the court of admiralty, instead of seeking relief for the injuries he had received, in the place only m here it m as to be gi- ven him. One thing I hear is*much insisted upon, which is the trial without juries : to which I could answer, that such trials are allowed of in the chancery and other courts, and that when there is occasion for tliem we make use of juries too, both by directing them in the king s bench, and having them brought up to our bar. lliii I shall only crave leave to put you in mind, that if you do not allow us, in some cases, to try without ju- ries, you will then absolutely take away the use of im- peachments ; which I humbly conceive you will not think proper to ha\ e done at this time. A.D. 1672.] LORD BRISTOL. 173 LORD }3R1ST()L. I have given the following Sp'^ech, be'^ause it discovor?. a qnaint sort of tamiiiar common sense. Lord Bristol's Speech on the Test Act. In the first place, my lords, I beseech you to consider, that this bill, for securing of general fears, is brought up to you from the house of commons, the great repre- sentative of the people, and consequently the best judges of the true temper of the nation ; a house of commons, surpassing all that ever have been, in the illustrious marks of their duty, loyalty, and affection to their sovereign, both in his person and government : such a house of commons as his majesty ought to consider and cherish ahvays, with such a kind love as is due to a wife, never to be parted A\ith unkindly, or as a mistress, to be turned off when our turn is served by her. My lords, tliis casual mention of a wife suggests to my thoughts a pursuance of the com})arison. I have obscned, in the course of my life, that men \vho have wives some- what coquet, that is, a little subject to gallantries, live easier Uves with them, and freer ftom troublesome con- tentions, than those who have M'ives of exact rigid virtue : and the reason is clear; for the more gamesome ladies, being conscious of their failings in that essential part, are careful to disguise and repair tliem by kind and tender compliances with their husbands" humours in all other things ; whereas wives severely pimctual and exact in the chief matrimonial duty, exjject, and even exact, far crreater compliances trom their husbands, and think themselves as it were })ri\ilegc;l by die ri<:idness of their virtue, to be sometimes troublesome in domestic iT-i LORD BRISTOL. [a. D. 1()72. affiiirs ; especially, if there be any jealousy in the case. In like manner, my lords, it ib not to be much wondered at, if this incomparable house of commons, transcend- Wig,,aJl that ever were in the grand essentials of duty, loyalty, and affection to their king, should, at some times, be a little troublesome to him in lesser o. 1675.] HENEAGE FIXCH. . '175 exercise of their religion ; no banishing them to such a distance from court ; no putting in execution of penal laws in force against them. All their precautions are reduced to this one intent, natural to all societies of men, of hindering a lesser opposite party from growing too strong for the greater and more considerable one. And in tliis just way of prevention, is not tlie moderation of the house of commons to be admired, tliat ihey have restrained it to the sole point of debarring their ad\er- saries from offices and places, from accession of wealth, by favour of the sovereign ? And after all, my lords, how few do these sharp trials and tests of this act re- gard. Only a few such Roman catholics as would fain hold offices and places at the price of hypocrisy and dissimulation of their true sentiments in religion. My lords, however the sentiments of a catholic of the church of Rome, (I still say not of the court of Rome,) may oblige me, upon scruple of conscience in some particulars of this bill, to give my negative to it when it comes to passing, yet, aa a member of the protestant parliament, my advice prudentially cannot but go along with the main scope of it, the present circumstances of time and aft'airs considered, ant' the necessity of composing the disturbed minds of the people. HENEAGE FJNCII, (Firsl Earl of ^otlnighani, Son of Sir Heneage FincI/,) Was born H)21, and died l6S>2. He was member for Oxford, and in l6"70 appointed attorney general, and afterwards lord keeper and lt)rd chancellor. In this latter oflice he succeeded Loml Cla- rendon, lie was rather an elegant speaker. 77/6' Lord Keeper Fiuch's Address to both Ilouxrs. Mv lords, and yon, the knights, citi/^rns, and bnrfzcsses of the houee of commons : Tlie causes of this pre- 176 HEXEAGE FINCH. [a. D. l675 sent assembly, and the reasons which have moved his majesty to command your attendance upon him at this time, are of the highest importance, U he king resolves to enter into terms of the strictest correspondence and endearment with his parhament ; to take your counsel in his most weighty affairs ; to impart all his cares to you ; to acquaint you with all bis wants and necessi- ties ; to ofter you all that can be yet Avanting to make you enjoy yourselves ; to establish a right understand- ing bet\\ een him and his three estates, and between the estates themselves ; to redress all your just complaints, and to put all his subjects at ease as far as in him lies, and can consist with the honour and safety of the go^ vernment. And having made all these advances, he doubts not but you will behave yourselves like those that deserve to be called the king's friends, and that you will put him at ease too. There is no cause why any fears of religion or liberty should divert you ; for his majesty hath so often recommended to you the consideration of religion, so \ ery often desired you to assist him in his care and protection of it, that the defender of the faith is become the advocate of it too, and hath left all those without excuse who still remain under any kind of doubts or fears. Again, the care of your civil rights and liber- ties hath been so niuch his majesty's, that the more you reflect upon these concerns, the more you will find yourselves oi)liged to acknowledge his majesty's tender- ness of vou, and indulijence to vou. Search vour OAvn annals, the annaU of those times you account most happy you will scarce find one year without an example of something more severe, and more extraordinary, than u wliole reign hath yet produced. Peruse the histories of foreiun nations, and you shall find statutes and iiltnrs to have been erected to the memories of those })rinccs wliose best virtues never arrived to half that moderation which we live to see and enjo}^ No king did ever meet a parliament with juster cause of confidence in their af- fcctioui i and therefore his majesty w ill not sutler him- A. i). 1675.] bEJfEAGE FtNCrt. 177 sdf to doubt, but relies firmly upon it, that you never will forsake him when he is under any kind of difficul- ties. He doth assure himself that you will now tliink fit to provide for his honour and your own safety, by helping him to pay some part of his debts, and to make his navy as great and as considerable as it ought to be j for the greatness of the king is the greatness and safety of his people. The springs and rivers v.-hich pay tribute to the ocean, do not lessen, but preserve themselves by that contribution. It is impossible that those affections that piety and allegiance first planted, ^vhich persecution could not abate, which the gracious in:^uences of his ma- jesty's happy iioverment have hitherto encreased, .snould now appear to wither and decay; But then tlie best indication of the heart is by the hand j and because it is of infinite moment to the kings affairs that there should be a chearful concurrence to his supplies, then let hand and heart both join in the oblationj for that will make it a sacrifice well pleasing indeed. i\Iy lords and gentlemen : The happiness of this present age, and the fate and fortune of the next, too, i3 very much in your hands ; and at this time all that yon would desire to settle and improve, all that you would wish to secure and transmit to your posterities, may now be accomplished. Would you raise the due estimation and reverence of the church of England to its just height? Would you provide for the safety and establish- ment of it r Do tlicre want any laA\s to secure the peace and quiet of the state r Would you enrich and adorn "this kingdom by providing for the extent and improve- ment of trade, by introducing new and useful nianufac- tures, and by encouraging those v.e have already? Would you prevent all frauds and perjuries, all delays and abuses in tlie administration of justice ? Would you preserve a famous city from being depopulated by the subtu'bs? Wodld you restrain tiie excess of those new buildings whic'.i bcizin to swarm with inhabitants un- known? All your petitions of thi^-kmd v.iil be grateful VOL. I, N 178: HENEA.GE FINCH. [a.D. 1675 tQ tJie king, and you may with ease effect all these and much, more, which your great wisdoms will suggest to you, A little time will serve to make many excellent laws, and to give you the honour to be the repairers of ail our breaches; so as that time be wholly employed upon the public, and not taken up by such considerations as are less meritorious. If therefore there be any with- out doors that labour to disunite your counsels, or to render their, ineffectual, if they, can hope that the oc- casions for this may arise from some differences within j'sourselves, or hope by those differences to disguise their own disaffecticns to your good proceedings, 'tis, in your power to defeat those hopes, to pull off' this disguise, and to secure a happy conclusion of this meeting by studying to preserve a good correspondence, and by a careful avoiding all such questions as are apt to engender striie. And if ever tliere was a time m hen the gravity of the council, the wisdom and good temper of a parliament, were necessary to support that government which only can support these assemblies, certainly this is the hour. You see with m hat zeal the king hath recommended to you a good agreement between yourselves, and that he doth it Vrith 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 such misfortune as vour disagreement should either deprive him of your ad- vice and assistance, or his people of those good laws which he is ready to grant you. There is no other way our enemies can think of by Avhich 'tis })0ssible for this session to miscarry, for fears and jealousies cannot enter hei'c ; calumnies and slanders will tind no place amongst A\ise and good men. 1 hey that use these arts abroad, will quickly be discredited Avhen the world shall see the generous effects of your couiidcnce. Men ^vill des[)air of attcui])ting any disturbance in the state, when they see every step that tends that wav, serves only to give you fresh occasions to testify your loyalty and your zeal. \ ou iiave all the reason in liie ^^ orld to make men see- A. D. 1676.] HENEAGE FINCH. lY() this, for you have the sam? monarchy to assert, the same church to defend, the same interests of nobility and s;entiy to maintain, the same excellent king to contend for, and the same eneuiies to contend against. And now, my lords ancl gentlemen, since the whole session of })arHament is, in the jnugment and construction of our law, but as one day, let us all endeavour that the morning of it, the first entrance upon it, may* be with such fair and auspicious circumstances as may give the whole kingdom an assurance of a bright and chearfid day. Let no ill humours gather into clouds to darken or obscure it, for this day is a critical day, and more de- pends upon that judgment of our affairs which will be made by it, than can easily be imagined. It imports us, therefore, to take care that no part of this time be lost ; let every precious minute of this day be S{)ent in receiving such acts of grace and goodness as are ready to flow from the king, and in making such retributions for them as may become the grateful hearts of the best of subjects to the best of kings. So shall this day b(;- come a day of disappointment and discomfort to our enemies, but to us and all good men a glorious dav, a day of triumph and deliverance, a memorable and joyful day to this present, and to all future generations. Anotlier, h\) the same. My Lords, (Sec. 13y the most gracious pleasure of the king, you are here again assembled to hold another session of tiiis parliament, Avhcrcin the king expects your advice and your assistance ; your advic(3 in matters of the high- est deliberation, your assistance in matters of extrcfue and pres>ing diiliculty. ^'our dclibcnitions will chietlv* be exercised about those things wliich belong to your peace, the j)eace of the church, iuid the peace of the state; two (.-(uiiiderations of so cl'j^e a coimexioa be- >80 HENEAGE riJfCH. [a. D. I67 $ twecn tliemselves, that in the very original wnt of sum- mons, by virtue of which you still sit here, they are jointly recommended to your council and care. I he peace of the church is harder to preserve than the peace of the state ; for they M'ho desire innovations in tlie srtate^ most comniouiy begin the attempt upon* the church. And by this means it comes to pass that tiio peace of the church is so often distiu'bcd ; 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 avoided, liut that the laMs which are necessary to restrain the malicious, must and will somethnes dis- quiet and wound those that are weak. What remedies arc fit for this disease ; Avhether the fault be in the laws, or the men ; in tlie men that should obey or in the men that should execute ; whether the cure be a work of timeiand patience, or of zeal and diUgcnce ; or whether any new expedient can be found to secure the ship frcrn that storm which the swelling of two contrary tides seems to threaten, is wholly left to your advice. The king hath called you for that end, and doubts not but your councils ^iill 1)0 such as shall tend to safety and to estiiblishment. 'ilic j)eace of the state requires as much of your care and vigilance too ; our peace at home and our ])eace id)ro:id. As for that abroad, \\c arc at this time, blessed be (Jod for his mercy to us, and the king for iiis care of !i-, in perfect })eaco w ith all the nations u])on earth ; such >i peace as snakes us {he en\y of the christian world, and hath enabled us to do ourselves riglit a-ainst the hdidels, vSuch a peace as brings \\ith it all the fruits of peace, and deserves not only our prayers for the conti- nuance of it, but our Ijcst and most watchful (are that nothing may be done on our part to give it an iuterrnp- lion. Hut then avc must con.'-ider a.]C)76.] HENEAGE FINCH." 181 the friendship and enmity of any nation ceases to l^e considerable to its neighljours. Now 'tis a great and danf^crous niistake in those who tliinlv tlie peaccat home is ^v(.lI enough preser\ ed so long as tiie s\\rd is not drawn ; whereas, in truth, notiiing deserves the name of peac'j l)ut uuity ; such an unity as flows from an un- shaken trust and ronliilei c? between the king and liis people, from a due icvercnce and oi)edience to the laws and to his government ; from a religious and awful care, nt to iXMiiove the ancient land-marks, nor to disturb those constitutions which tiine and the public conveni encc lia\ e settled ; from a zeal to preserve the ^\hole frame ruid order of tlie government upon the old foun- dations, and from a perfect detestation and abliorrence of all sucii as -dre given to change : whatever falls ^liort of this, falls short of peace too. If therefore there be any endeavours to renew, nay, if there be not all possible endeavours to e:xtinguish the memory of all former ])ro- vocations and offences, and the occasions of the like for th.^ future, if there be such divisions as bej^et g;reat thoughts of heart, shall we call this peace, because it is not war, or because men do not yet take the iicld ? As MoU we mav call it health when there is a dangerous fer- mentation in the blood and sj^irits, because the patient hath not yet taken his bed. [Then laying open the diOiculties with relation to the Meaknes? of the ticet and the king's particular debts, lu; proceeded thus t] One (iitiicultv more there i^, without which all tlie rest were none ; and tliat is, the strange dilfidence and distrust which, like a general infection, begins to spread itself through all the corners of the land. Much of this rises from the artiilerfectly in vour han(ls ; for all will presently vanish as soon as men :,liaii sedorn and riiagnanimity of this great council will quickly i:ic too hard for all their auguries ; tijc honoiu- and lovaity of this auf^ust and venerable as- A. D. 1676.] IIENFAGE FIXCII. ' T^3 sembly "vvill leave no kind of room for such divinations. You that iiave the happiness to live under so excellent a monarchy, so admirable a c(3nstitution and temper of government ; you that remehiber wliat the want of this government cost us, and the miserable desolations which attended it,, have all the motives, and are under all pos- sible obligations, to secure and advance the interest of It. 1 he king, on his })art, meets you with so open and so full a heart, and so absolutely resolved to do his ut- most to glad the hearts of liis people, that it must be the strangest infehcity in the world, if either he or his sub- jects should meet with any disappointments here ; for the king hath no desires but what arc public, no ends or aims which terminate in himself ; all his endeavours are so entirely bent upon the welfare of his whole do- minions, that 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 to be misled by private interests, and may en- tertain some vain and slender hopes of surviving the public; but a prince is sure to fall with it, and therefore can never have any interests divided fi^rjui it. To live and die with tlie king is the highest protession a subject can make, and sometimes 'tis a profession onl}^, and no more ; but in a king "tis an absolute necessity ; 'tis a fate inevitable, that he must live and die witii his people. Away then with all tiie vain imaginations of those who intusc a misbelief of the governinent. Away with all ilio^c ill meant distinctions between the court and the country, between the natural and the politic capacity, and let us all \\ho go about to per- suade otliers that there are several interests, have a care of that jirecipice to wiiicli >uch jirinciijles may lead th(Mn ; lor ti!'Mir>t men that ever began to distinguish of their dutv, never leit ott" till tliev havl quiti; di^>tin- guisiied themseUes out, of tlieir allegiance. Let no con- tention then cOiJie near ihi-? place, but that uf a nolilc 184 DUKE OF BUCKIXGHAM. [a. D. l67 emulation who shall serve his country best, by well ser- ving of the king ; let no passion enter here, but that of a pious zeal to lay hold upon all opportunities of pro- moting tlie honour and semce of the crown, till our ene- mies despair of ever profiting by any disorders amongst us J and let all who pray for the long life and prosperity of the king add their endeavours to tlieir prayers, and study to prolong his sacrexl hfe, by giving him all the joys of heart which can arise from the demonstrations of the lively and the warm affections of his people. PUKE OF BUCKINGHAM. His Speech on the Dissolution of Parliament. . My Lords, I HAVE often troubled your lordships with my discourse in this 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 thought an unquiet and pragmatical man j for in this age, every man that cannot bear every thing, is called unquiet ; and he that does ask questions, for which we ought to be concerned, is looked upon as pragmatical. On the other side, 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 o^a n intentions ; and though it does not always follow that he is pragma- tical whorn others lake to be so, yet this never fails to be true, that he is most certainly a knave who takes himself to be so. Nobody is answerable lor more un- derstanding than God Almighty has given him; and tljcrcfore, though I should be in the wrong if I tell A. D. 1676.] DUKE OF BUCKINGHAM. 185 your lordships truly and plainly vvhat I am really convin- ced otj 1 shall behave myself like an honest man ; for it is my duty, so long as 1 have the honour to sit in this house, to hide notliing from your lordships, which I think may concern his majesty's service, your lordships' interest, or the good and quiet of the people of Eng- land. The question, in my opinion, which now lies before your lordships, is not what we are to do, but whether at this time we can 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 misfor- tune to be mistaken, I have another misfortune joined to it, for I desire to maintain the argument w ith all the judges and lav\yers in England, and leave it aftcru ards to your lordships to decide wiiethcr I am in the right or no. This, my lords, I speak not out of arrogance, but in my own justification, because if I were not thoroughly convinced that what I have now to urtre is grounded upon the fundanjcntal laws of England, and that the not pressing it at this time might prove to be of a most dan- gerous consequence both to his majesty and tlie wjiolc nation, I should have been loth to start a \^()Li()n which, perhaps, may not be very agreeable to some people ; and yet, my lords, when 1 consider Miiere I am, v, horn i now speak to, and what ^vas spoken in this place aborit the time of the prorogation, I can hardly bciicve what I have to say will be distasteful to your ioidsliips. I remember very well how your lordships were then displeased with the house of conrmons; and I remember too as AvcU what reasons tlicy gave you to he so. it is not so long since but that I suppose your lonlsliips may call to mind that, after several odd passages between us, your lordships were so incensed, that a motion was made here for an address to his majcbty about the dis- .:;olut.ion of tliis parliament; and tliougli it failed of be- ing carried in the alHrniative by two or tliree voices, yet tliis in the debate wa^ rciuarkabli', tliat it pi'tvaikci with \S6- DUKE OF BUCKITS'GHAM. [a^D. 16/5. innch the major part of youT lordships that were hferc present^ and was only overpowered by the proxies of tliose lords who never heard the arguments. What change tliei'e has been since, either in their behaviour or in the state of our aifairs, that should make your lordships change your opinions, I have not yet heard j and tlierefore, if I can make it appear, (as I presume I shall) that by law tlie parliament is dissolved, I pre- su?ne your lordships ought not to be offended at me lor it. I have often wondered how it should come to pass, that tlii.s house of common?, in which there are so many honest and so many worthy gentlemen, siiould yet be less respect- fil to yoiu' lordships, as certainly they have been, ttian anv Iiouse of commons that were ever chosen in England : and yet, if tlie matter be a little inquired into, tlie reason of it will plainly appear : for, my lords, tlie veiy nature of tlie house of commons is changed ; they do not think now that they are an assembly that ai'C to tetarn to their OM'n homes, and become private men again, (as by Uie laws of tlie land, and the ancient constitution ot p u'- Hrsufcnts, they ouglit to be,) but they look upon the n- K'lves as a standing senate, and as a number of men picked out to be legislators for the rest of their lives ; and if tliat be the case, my lords, they have reason to tjelieve themselves our equals : but, my lords, it is a fiangerous tiling to tiy new CAperiments in a govern- ment. Men do not foresee tiie ill consequences that r.iust happen, when th^v go about to alter those esscn- lial parts of it upon which the whole frame depends, as TIa^v, in our case, the customs and constitutions of par- li.mient ; for all governments arc artificial things, anrl every part of them lias a dependance one upon another, and with tiiem, as Mith clocks and watches, if you should put great wheels in the })lace of little ones, and little ones in the place of great ones, all the movements would staiul still; so that we cannot alter any one part of a government, \a itiiout prejudicing the motions of the vhole. A. D. 1676.] DUKE OF BUCKIXGIIA^I. ^IS7 If this, my lords, were ^v ell considered, people would be more cautious how they went out of the old honest English May and method of proceeding. But it is not my business to find fault; and therefore, if your lord- ships will give me leave, I shall go on to shew you m hy, in my opinion, we are at this time no parliament. The ground of this opinion of mine, is taken from tlie an- cient and unquestionable statutes of this realm ; and give me leave to tcil )our lordships, by the way, that sta- tutes arc not like w omen, for they are not (nie jot the worse for bcinii; old. The first statute that I shall take notice of is that in the 4th year of Edward III. chap. 14, thus set down in the printed book : Ita/i. It is accord- ed, that a parliament shall be holden every year oucc; and more often if it need be. Now, though these words are as plain as a pike-staff, and no man living that is not a scholar, could possibly mistake tlie meaning of them, yet the grammarians of those days did make a siiift to explain, that the v.ords '" if need be," did relate as mcU to the Mords every year once, as to the Mords more often ; and so by this graunuatical whiuisey of theiks, have made this statute to signitvjust nothing at all. Ibr this reason, my lords, in the oDth year of the same king"r> reifi^n, a new act of purlianient m as mafic, in \\liich those unfortunate words " iinced be," ajx; left out ; and that act of parliament relatiiii]; to nidgnd c/iarta, and other sta- tutes made ibr tlie public good. Jtcj/i, For niaiiitcnanc(t of these ar!.i^:L'-i and statutes, and the redress of di\Ci's mischiefs ;uid grievances Avliich daily happen, a parlia- ment shall be holden every vear, as at other time ^as ordained by another statute. Here now, my lords, there is not left the least colour or shadow for mistake ; for it is plahily declared, that the khigs of J-'ngland niu.vt call a parliament once v. ithin a year; and the reasons \^hy tiicy are bound to do so, aie as plainly set down: namclv, for the maintenance of viagiia tliartit, and other statutes of the same importance; and for preventing the misciiicfs and gricMinces Avhichdailv happen. ISS BUKK or BUCKIXGIIAM. [a.DAGJG. Tlie question then remains, M'hcther these statutes have been since repealed by any other statutes or no ? The only statutes Tever heard mentioned for tiiat, are the two triennial bills; tlie one made in the last kind's, and tlie otlier in tliis king's reign. The triennial bill in ttie last king's reign, Avas made for the confirmation of the two above mentioned statutes of Edward 111. ; for p.irlia- ments having been omitted to be called every year, ac- cording to those statutes, a statute was made in the list king's reign to this purpose, that if the kin^ should lail of calling a parliament, aceordijig to tlie statutes of Ld- ward ill. then tiie third year the people should meet of themselves, without any ^rits at all, and choose their parliament men. Ihis way of the peoples choosing their parliament of themselves being thought disrespectful to the king, a statute xvas mude in thfs last j)cirlidnu.nt, uhich repealed the triennial bill, and after the rejieal- ing clause, (whie)i took notice only of the triennial bill made in the last king s reign.) there Avas in this sldtute a paragrapli to this purpose: that because by tlic uiicicnt statutes of tlic realm, made in tlie reign of Edwyrcl III, parliaments are to'be lield \ery often, it should be enact- ed, that within three yctus after the determiiiation of that j^resent parliament, parliaments should not ')e discon- tinued above three years at mo.st; and to be holden of- tener if need required. 'JlK-re have been se\eral half kind of arguments drawn out of these triemiial bills, against the statutes of Edward TIT. ^^llich I confess I could never remember; nor indeed those that urged them to me ever durst o\vn, for they always laid their faults iij)on somebody else; like ugly foolish children, Avhom, liecause of their dcibrmitv and v>ant of Mit tiie parents are aslvdmed of, and so turn tiicm out on the i)arish. ]!at, my lords, let the ai-guments be wliatthey will, I luivethis short answer to all that can be wrested out of these triennial bills; that the iK>t tricimial bill was re- pealed before the n^atter now (li.s])uted of was in rpies- tion; and the last triennial L'ill A\iil not be in force till tiic A.D.lGjG.] DUKE OF BUCKINGHAM, 189 question be decided ; tliat is, till the parliament is dis- solved. The wiiole inaUey, my lords, is reduced to tliis sliort dilemma : either tlie kings ot" iio;laiKl are bound by the acts above mentioned, of Edward III.; or else tlie Avhole government of Ena;land, by parliaments, and by the lav\ y above, is absolutely at an end. Tor if the kings of England iiave power, by an order of theirs, to invdlid.tte an act made for the maintenance of magna c/iarla, ihey have also po\ver by an order yf tlieirs to invdhdnia /iiao)2a c/mrla itself; and if they have [K)vver by an oi'dtr of theirs to invalidate the statute itselt^ dc tallagio wm concedendo ; tliCn they may not only \vilhout the help of a parliament raise money when they please, but also take auay any man's estate when thev plense, and deprive every one of his liberty, or life, as they please. This, my lords, I think Is a power, that no judge or lawyer will pretend the kings of England to have ; and yet tliis povvcr must be allowed tliem, or else ^ve that are met here" this day cannot act as a parliament; for we are now met by virtue of tli* last prorogation ; and that prorogation is an order of the king's, point blank contrary to the t.vo acis of Edward 111. ; for the acts say,tliata parliament shall he liolden once within a year; and the {irorogalion suiih, a pariianient shall not be held within a year, but some months after; and this (I con- ceive) is a plain contiddiction, and consc(juentlv, that the prorogation is void. Now, if we cannot act as a pailiauient by \irtue of the ia.-t prorogation, I l)eseech yoeu" iordsiiip.-^, by virtue of wjiat else can we act ? Shall we act by \iitiie en tiie king's proclamation ? 1^'av, uiy lords, how so? Is a proek.nnation of more force than a prorogation ? or if a tl.'int^; that hatii been e)nlered the tirst tiuie h.e Ufjt vaiiu, dotii tlie ordciin;:!; ic tiie second tunc make it gocjd in liw? I iicive le ard. indec(k tiiut two negatives ruake en ailiriiiatlsc ; but I never heard before, that tv-.o noiiiiegs ever ui^i'ie any tliing. \\ rl!, hi;; !a;>v tn> ;i \\w weiiiet: Is il i)v our o^vn ad- IQO DUKE OF BUCKINGHAM. [a.V.IGJG. joiirnmentr I suppose nobody has the confidence to say that which way then is it? Do we meet by accident? That, I think) may be granted ; but an accidental meet- ing can no more make a parhament, than accidental clapping a crown upon a man's head, can make a king. There is a great deal of ceremony required to give a matter of that moment a legal sanction. The laws have reposed so great a trust and so great a power in the hands of a parliament, that every circumstance relating to the manner of their electing, meeting, and proceeding, is looked after with the nicest circumsj^ection imaginable. I'or this reason, the king's writs about the summons of })arliament arc to be issued out terbatim, according to tiie form prescribed by the law; or else that parliament is void and null. For the same reason, if a parliament summoned by the king s m rit, do not meet the very same day that it is summoned to meet upon, that parliament is void and null. And, by the same reason, if parlia- ments be not legally adjourned, dc die in diem, those parliameu.ts nuist be also void and null. Oir! but some say, 'i.liere is nothing in tlie two acts of Edward III. to take aw^ay the king's po^ver of proro- gation, and therefore prorogation is good. ]\Iy lords, under favour, this is a very gross mistake ; for, j^rny ex- amine the words of the act. The act says, A parliament shall be holden once a year. Now to whom can these words be directed, but to them who are to call a par- liament? And who are they, but the kings of England? It is very true, this docs nottakc away the king's power of proroguing parliaments, but it most certainly limits it to be A\ itliin a year. A\'ell then, but it is said again, if that prorogation l)e null and void, then things are just as they w{'re before ; avid therefore the parliament is still in b( ing. Mv lords, I confess there ^vould be some Meiglit in tliis, but for one thing; Mhich is, that not onti word of it is tiue. For if, when the king had prorogued us, \^e had taken no notice of the ])rorogation, there is an hnposbibilitv of our nieetinii and acting anv other A. D. 1676.] DUKE OF BUCKINGHAM. 191 ' wa}^: one may as properly say, that a man that is killed by assault is still alive, because he was killed unlawfully, as tliat the parliament is still alive, because the proroga- tion was unlawful. The next argument that those are reduced to, who would maintain this to be yet a parlia- ment is, that the pariianicnt is prorogued, nine die; and, therefore, the king may en 11 them again by proclamation. In the first part of this proposition, I i>hall not only agree ^vith them, but also do them tlie favour to prove, that it is so in the eye of the law; which I never heard they have yet done : for the statutes say, That a parl'ia* ment shall be holden once in a year, and tlie proroga- tion having put them off till a day without the year, and consequently excepted against by the law, that day, in the eye of the law, is no day at all; that is, sine dk; and the prorogation might as well have put them off till so many months after dooms-day; and then, I think, no body woidd have doubted but that had been a very suf-' ficient dissolution. Besides, my lords, I shall desire your lordships to take notice, that, in former times, the usual way of dis- solving parliaments was, to disuiiss them, sine die; tor the king, ^vhen he dissolved them, used to say no more, but that he desired them to go home, till he sent for them again; uhich is a disuiL'^sion, ,sine die. Now, if there were forty 'uays of ilissolving parliaments, if I can prove this parliament has been dissolved by any one of th-jm, I suppose there is no great need of the other thirty- nine. Anotlier thing Nvhicii tiu'v inucli insist upon is, that they have found out a precedent in queen Elizabeth's time; when a parliament was <;nce prorogued three days beyond a year; in \\hich I cannot choose but observe, that it is a very great conlirn!ati, and be burnt in iSmithfield for our indiscretion. Sir, we are upon a l)nsinf:^ss of ns great importance as ever was debated Mithin these wails : for we must cither suppress poperv, or 1)?; sup{)ressed bv it. Forahhough that inten\st do not look so big as that of the protestants, yet I plainlv see that it hath wrought like a mole under ground for a louij; time, and tiiat it h;ith eat(m into our l)o\vcl<, and will soon come to Xhc vital ])orts of the pro- tcstant religion, and tlestrov it too.^ if i;rcat care be not u 12 ' 196 COLONEL BIRCH. [a.D. 1680. taken, and that speedily. I hear some say that our cares are needless at this time, because the king may outlive the duke ; which is as much as to say, there is no need of laws against popery until we see whether 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 weighing with 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 know 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 j for so lon^ as we have a good king, I will not despair. And, sir, i cannot fear any of those things that are objected airainst this bill, that it is against law, and therefore will occasion a civil war. For my part I never will fear a civil war in favour of idolatiy, especially when we have gotten a law on our side to defend our religion. Therefore I move you that the bill may be brought in. A.D. 1680] MR. BOSCAWEN. 197 MR. BOSCAWEN. Mr. Boscawens Speech on the same Question. IVIr. Speaker, Have not the papists always proceeded against the protestants with 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 that is on fire, will leap" out of a window, rather than be burnt. I do admire how any person that doth know with what treachery and inhumanity the papists behaved themselves in the mas- sacres of Piedmont, Paris, and Ireland ; their cruelties in queen Mary's days, lately on sir Edmlmdbury 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 nothing but what may be justified by many laws and precedents ; and if there were none, of which I know there are a great manv that are liable to no objection ; yet I take it, that the law of nature and sell-preserva- tion would afford us sufficient arguments. I tliink 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 Avhile we live under the government of a protestant king, by some invisible pcaer that hath strangely acted its part in favour of that interest, in all our councils and resolutions in affairs of greatest importance ; and it is as plain that this is so, because there is a popish successor, and that their interest Aviil never declint;. as I'^S- ' MR. EOSCAWEN-;^ [a.D. 1680. long as there is such a successor, and the hope of a popish kino;. And now, that by the Af atchful providence of God, these things have been made so plain to us, is it not strange, that any man should go about to persuade us to be so neglectful find inconsiderate, as to sitstiH and look on, Mhile the papists are putting their chains about our arms, and ropes about our necks ? which must be the consequence of permitting a popish king to ascend the throne, against which there can be no law to secure us but this. In Edward the Sixth's, and queen Mary's and queen Elizabeth's days, was not the religion of the prince, the religion of the nation r Did not most of the privy counsellors, and great ministers of state, and some bishops too, change vv itli the times ? Is it not customary for great men to insinuate and flatter their princes, by being of their religion ? On what must we ground our hopes of security in such a case ? on no- tjiingj sir, but on a civil war ; which such a prince must certainly occasion : but I do not fear it from this bill, but rather think it the only way to prevent it ; not doubt- ing but that there will be people enough that w ill give obedience to it, sufficient to execute the law on such as may be refractory, if any, which can only be papists, and such as may be popishly affected. The objection as to a civil war, and disobedience to this law, may as well be made against any other severe law that we may attem})t to make against [)apists ; and nnist we, there- foie, let them all alone ? I hope we shall not be so incon- siderate ; but as we have discovered that their wea})ons are near our throats, so we shall not acquiesce in any thing less than what may secure us ; that so, if possible, we mav not fall into the hands of such a bloodv, merci- less people, Avhich must infallibly be the consequence of having a popish king. And; sir, as we ha\e nuich to sav for the having of this bill, so we have as nuich, for not having our time lost by going into a conunittee at tliis time about it. W hen the bill is brought in, there will be time enough to hear A. D. i<>80.] SIR LEOLIXE JENKINS. 109 of Other expedients, if any member will then offer any, of which they will now have. time to consider; that so they may be offered particularly, and not only in gene- ral : for it doth not consist with the gravity of the house^ liiat they should be put out of the method they are most inclined to, without good cause. I am afraid there can bono expedient offered in this case, tliat can be sufficient, unless such as may shake the thi*6ne as to all future kings: and I hope we shall be cautious how we enter into any such debate t for if you should, you may be sure your eneuiies will take advantage thereof, and therefore I am rather for the bill. SIR LEOLINE JENKINS, (An eminent Civilicm and Statesman,) Was born in Glamorganshire, in l()23, and died iCSo. Ilewa? ont of the representatives of the Uuivcrsity of Oxford, and principal of Jesus College; Sir Leoline Jcnhinss SpeecJi, on the same. iVIr. Speaker, I HAVE spent much of my time in studying the laws of this land ; and I pretend to know something of lh(.' laws of foreign countries, as \\ell as of our own : and I have, upon this occasion, v.ell considered of tlieni, but cannot fiiirl how wc can justiiy tiie passing of this bill, thou<.>;li much aijiiinst it. I H'St, I think it is conti-ary to natural justi^^'c. tliat we should proceed to condemnation, not only before con- viction, but betbre we have lieard the partv, or examin- ed any witnesses about him ; I am sure, none in his d'^feiicc i and to do tlfis, bv making a new law on pur- 200 SIR LEOLINE JENKINS. [a. D. iSSO. pose when you have old laws in being, that have ap- pointed a punishment to his crime, I humbly conceive is very severe, and contrary to the usual proceedings of this house, and the birtli-nght of every Englishman. Secondly, I think it is contrary to the principles of our religion, tivat we should dispossess a man of his right, because he differs in point of faith ; for it is not agi'eed by all, that dominion is founded in grace. For my part, I think there is more of popci-y in this bill than there can possibly be in the imtion without it ; for none but papists and fifth 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 God alone, and that no power on earth can deprive them of it ; and I hope this house will not attempt to do any thing m hich is so precisely contrary, not only to the law of God, but the law of the land too. For if this bill should pass, it would change the essence of the monarchy, and make the crown elec- tive : for by the same reason that this parliament may disinherit this prince for his religion, other parliaments may disinherit another, upon some other pretence wiiich they may suggest ; and so consequently, by such exclusions, elect Avhom they please. Fourthly, it is against the oath of allegiance, taken in its own sense, without Jesuitical evasions: for by bind- ing all persons to the king, his heirs and successors, the duke, as presumptive heir, must be understood; and f am of opinion it cannot be dispensed withal. Sir, I will be very cautious how I dispute the power of parlia- ments. I know the legislative power is very great, and it ought to be so : but yet I 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 sliould offer my judgment against this bill, while it is in debate, in which I think I do that which is my duty, as a member of this housQ. A.D. IGSO.] MK. HAMPDEN. 201 Henry IV. of France, was a protestant; his people most papists, who used some endeavours to prevent his coming to the crown ; but when tliey found tiiey were not hke to perfect their design, without occasioning a civil war, they desisted, concluding that a civil wai' would probably bring on them more misery than a king of a dif- ferent religion; and therefore submitted. Sir, I hope we shall not permit our passion to guide us instead of reason, and therefore I humbly move you to throw out the bill. MR. HAMPDEN. The author of the following speech was, I believe, the son of the famous Hampden. j\[r. Ilampdcris Speech in Reply. Mr. Speaker, 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 ))urt, 1 do approve of the bill; but it is because the o})iaions and principles of the papists tend to the alteration of the government and religion of this nation; and the intro- ducing instead tliereof, superstition and idolatry, and a foreign arbitrary power. If it Mere lUjt for that, 1 am apt to think, the dnke"s beir^g a papist would not be thcuglit a suilicient cause for this house to spend time about this bill. And I cannot see the danger of reducing the government t<; be elective by it; lor ^\hy should wa presume that any thing but the like cause should Lave the like eliect? Tiiough tlie succt. s>,ion of the crown hatii been formerly often changed by acts of })arliuiricni ; yet 20^ JWIt. HAMPDfe.Vi [A.D. 1680. hitherto it hath not made the crown elective. And why enist we tear it now? Neither do I apprehend that the passing of this bill is contrary to natural justice, because we have not heard Avhat the duke hath to say for him- self The- precedents that might be offered to make out, that the parliaments have, when they thought good, con* demned persons by bill, are numerous, and witliout any liearins too. But if there were none, to doubt the power of the legislative authority of the nation in tliat or any other case, is to suppose such a weakness in our government, so inconsistent with the pnidcnce of our ancestors, and coumion reason, as cannot well be imagined. And I do not think we are going to do any such strange thing neither, but what Avould be done in other countries upon the like occasion; but do belicvCj that if tlie dauphin of France, or the infant of Spain were protestants, and had, for near twenty years toge- ther, endeavoured the setting up of another interest and religion, contrary to the interest of those kings and ihe catliolic religion; especially if such endeavours had been accompanied '.vith such success as here, and tliose na- tions had been so often by such means reduced so near to ruin as mc have been by divisions, tolerations, buin- mgs, plots, and sliam-jjlots at home, and by wars and foreign alliances, over-ruled in tlieir favour, abroad; but that tliev would have been more impatient than ^^e have been for this reuiedy. And, for my own part, I cannot but admire more at the long delav there hath beeUj in seekhii^ out a remedy against this great evil^ tlian at our oiiering at this bill. For, not^^itilstanriing v.liat hath been said, I cannot thhik our danger so re- mote or uncertain as some would suppose it. Can the k.'ug be safe, so long as the papists know that there h nothing but his life stands in their way, of having a king to their miiiil ? \^hich is the only thing they a\ ant, to go on Willi their designs, and to accomplish their e\[)ecta- tions. Will it then be an easy thin^ to withstand such ail enraged, barbarous people.^ Tlie more falic and un- jir.p. 1680.] LORD WILLIAM RtrSSELL. 2D5 reasonable their religion is, the more cnidty will b^ necessary to establish it. Can it be imagined vvc shall not pay severely for having shed so much blood of their martyrs, as tlicy call them, and tor having enjoyed their holy church land so long ? Or tiiat they will not do idi that they slrall think necessary to secure an entire and quiet possession to themselves } For my own pail, I cannot imagine that the pride 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 thereibrc I humbly move you to appoint a speedy day for a se* cond reading. LORD WILLIAM RUSSELL, (tVho is generally looked npon as one of the great marlyit of English liberty,) Was born l(>41, and beheaded l683, on the sams charge of tre2f>oa Mil which Aiiiernon Sidney was alsu condeiiuicd to iyiifcr deatii. Lord JVilliani Ritssdf^ Speech agahiiit a Fopkh Siicccamr. I\Ir. Speaker, If ever there should happen in thi.s nation any ?uck change, as that I sliould not iiavc liberty to live a pr/irhc f,j)iitf of common sense as far as it ca.'! go. It is baul that he hud been to dui'' with lady Clarendon and her daughter, 06 LORD SHArXESBURY. [a.d. 1680. v.ho was at that time pnvalcly married to the duke of York; and as he return(;d home with another nobleman who had accom- panied him, he suddenly tnrnef] to him, and said, " Depend upon it, the duke has married Hyde's daughter." His companion could not compreh(;nd what he meant; but on explaining himself, he said, " Her mother behavi^d to her with an attention and a marked respect, that it is impossible to account for in any other way ; and I am sure of it." '1 his .shortly afterwards proved to be the case. The celebrated author of 'l"he Characteristics was his grandson. Lord Shaftesbury s Speech en the State of the Nat mi. 3,fv Lords, I.v this great debate conceming the kmgs speech, the sad state and condition Me are in, and the remedies thci'cof, I have offered yjOii ni}' opinion ; and juany lords have spoken admirably Avell to it, with great freedom and plainness, as the case requires. Give me leave to offer you some few \\ords, in answer to two or three of my lords of the earl's bench, that have maintained the con- trary opinion. I\Iy lord, near me, hath told your lord- bhips, that the precedent of Henry IV. that I offered to vou, ("who was a wise and magnanimous prince, yet, upon the addresses of his parliament, put away great f)art of his family and council at one time,) is no proper iiistancc; because he \\as an usurper, and had an ill title, and ^\ hs bound to please the people. JMy lords, I meddle not with his litle; I. am sure our king has ;>. verv undoubted one: i)ut this, my lords, you must al- low; that that vi?c prince, Imving need of the people,- kneu- no better wnv to jjlease them, and to create a good understanding betv.ecn them and him, thim to put away from rourt and coriuci!, those that '^ere unacceptable to thcui. \\ our king liath the same necessity to please the peeple, (though not t!^e wnt of a title,) yet the pre- cedent holds good, '] hat aMise prince, when he hath need of his };e(;p]e, v>jJl rather part Avith his fan^ily aiid A. D. 1()80.] LORD.SHAFTSBLK.y. 207 counsellors, than displease them. My lords, this noWe lord, near me, Jiath found fault with that precedent, which he supposes I cflbrcd your lor(lshlj)S concerniut:; the chargeable ladies at court ; hut 1 reuicuiber no such thing, I said. But if I must speak of them, I shall say as the pro[)het did to king Saul : What means the bleat- ing ol" tiiis kind of cattic? And I hope the king \\iU make me the same answer : That he })reserves them for sacrifice, and means to deliver them up to please his people. Tor there must be, in plain EnglibJj, a change; we must neither have popish wife, nor popisli favourite, iior popish mistress, nor })opish counsellor at court, nor any new convert. \\ hat I spoke, Avas about another ladv, that belongs not to the court; but, like Sempro- nia, in Catiline's conspiracy, does more mischief than Cethegus. In this time of distress, I could humbly ad- vise our prince would take the same course that the duke of Savoy did, to suffer neither strangers not am- bassadors to stay above some few Aveeks in this country; for all the strangers and ambassadors here, have served the plot and design against us ; I am sure they have no tie to be for us. liut, my lords, what 1 rose to speaJc to was, more especially, to my lord of the earfs l)ench, that spoke last, and sits behind mej.Avho, as he has the greatest iniiuence in our })rescnt councils, so he hath let fall to you the very root of tli(3 matter, and the hinges upon wiiitli all turns. ] le tells you, that the house of com- mons have lately made offers to the kuig, and he won- ders v\e do not accept tlic kins; s answer to them, before we enter into so hot and high debate^, lie tells you, if the king be assured of supplies, we cannot doubt of his compliance in this, and all wc ci\n ask. Jor otherwise the king siioiild fill into that, v.liich i.^ the worst condi- tion of a joi'ince, to have his pc(^j)lc iurvc no confidence in him. I\iv lord-;. tli!.> i^ tiiat 1 kv.ovx- tiiev would piil the king uj)on ; and tliis is tliut v-c uwvA ho ruined i)\\ if we may not witii ireedom and }ii;iiuiu^:-s open our case. My lordsj it i^ a vcTy iiard thing to ^iiv, th-it we Ciutjot 08 LOUD SHAFTESBURY. [a. D. 1580. trust the king, and that we have been deceived so often, that we see plainly tlie apprehensions of discontent in the people, is no argument at court. And, though our prince be in himself an excellent person, that the people have the greatest incluiation 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 ti'ansactions 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 \a ith the Portugal lady, not like to have children, contrived by the duke's father-in-law; and no sooner effected, but the duke and his party made proclamations to the world, that we are like to have no children-, but that he must be the certain heir. He takes his seat in parliament as prince of Wales, his guards about him, the prince's lodg- ing at AVhitehall, his guards upon the same floor, with- out any interposition between him and the king; so that the king was in his hands, and in his power every night: all offices and preferments being bestowed by him, not a bishop made without him. I'his prince changes his religion to make himself a party , and such a party, that his brother 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 v. ickcd 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 vorld knows; ^^e have expected every hour, that the court should join v, ith the duke against us : and it is evident, more has been done to make the plot a presby- t( rian plot, than to (lisco\er it. The prorogations, tlie dissolutions, the cutting short of parliaments, not suffer- ing them to have time or opportunity to look into any thinu; have shewed what reason we hnvc to coniide in A. D. 1680.] LORD SHAFTESBURY. 20^ this court. We are now come to a parliament again; but by wliat fate or council, for my part, I caimot guess ; neither do I understand the ricidle of it. The duke is quitted and sent away; tlie house of commons have brought up a bill to disable him of the crown; and I think they are so far extremely in the right ; but your lord- ships are wiser than I, and have rejected it; yet you have thoutrht lit, and the king himself hath made the propo- sition, to make such expedients as shall render him but a nominal prince. In the mean while, v/here is this duke, that the king and both liouses have declaimed una- nimously thus, dangerous? Why, he is in Scotland, rais- ing forces upon the terra Jirma, that can enter dry foot upon us, ^^ith out hazard of A\ind or seas; tlie very place lie should be in to raise a party to be ready, when from hence he shall have notice. So that this beins: the case, where is the trust? We all think the business is so ripe, that they have the garrisons, the arms, ammuni- tion, the seas, and soldiery, all in their hands ; they want but one good sum'of moiiev to set up and crown the work, and then thev have no farther need of the people ; and, I believe, whether they are pleased or no, will be no great trouble to them. jMv lords, I hear of a bargain in the house of commons, an address made ; and must boldly say it, and plainly, that the nation is betrayed, it^ upon any terms, wq. part with our monev, till we are sure the king is ours; have what laws you will, and what conditioiis you will, thev will be of no use but waste paper, before Easter, if th<" court has money to setup lor popery and arhitrtiry designs in tiio mean time. On the other hand, give me leave to tell your lordships, the kiiig has' no reason to disini-t his people; no njan can go hoitu^ and say, that if tlie kiiig complies witli his [leoph', tliev will do nothing for liiii!. i)ut tear all up from hinj. W v wwwi a govemnicnt, -vmI we want a prince that we mav Iru.^t, vww with lin spending half our annual rexerair- for some time, f^r tiie jM'escrv a'^ion <'l t!l(:^; ni'tion-. Tiic <.''r">\ inif nr* ;'! VOL. !. (' 210 LORD SHAFTESBURY. [a. t. I68O. ness of the French cannot be stopped with a little ex- pence, nor witliout a real and hearty union of the king and his people. It was never known in England, that our princes wanted supplies, either for their foreign designs 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 the 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 w'hat we will do for him, it is impos- sible, if we are in our senses, we should do any thing. }jut, if he will first shew that 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 Me can give. But I plainly see how the argument w ill be used : Sir, they will do nothing for you ; wliat should you do Avith these men ? But, on the other hand, I am bold to sa}", Sir, you may have any thing of this parliament ; put away these men, change your principles, change your court, and be yourself again ; for the king himself mav have any tiling; of us. Alv lords, if I have been too plain, I heg your pardons; I thought it the duty of a true-born Juiglishman, at this time, to speak plainly or never. I am sure I mean well ; and if any )rian can answer ant! oppose reason to what I alledge, 1 beg that he would do it: for 1 do not desire or pro{)ose any (juestion merely for talking sake. 1 beg this debate may last some davs, and that we may go to the 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 ; unci tiicn ttie result of our debates may produce some proper (juestion. However, we know who hears; and I am ulad of this, that your lordships have dealt so honour- 'ihly uiid so el'jarly in the king's presence and hearing, Jl. D. 1680.] S^a FRANCIS WINNINGTOX. 211^ that he cannot say he wants a right state of tilings : he hath it before him, and may take council as he thinks fit. SIR FRANCIS WINNINGTON. His Speech on the Pension BilL ]Mr. Speaker, Sir, the last house of commons being sensible how naiTowly this nation escaped being ruined by a sort of monsters, called pensioners, which sate in the late long prU'liament, had entered into a consideration how to prevent the like from coming into future parliaments ; and in order thereto, resolved, that they would severely chastise some of those that had been guilty, and make the best laws they could to prevent the like for the fu- ture ; and for that purpose a committee was appointed, of which Mr. Serjeant Gregory, now judge Gregor}-, was chairman, by which many papers relating to that affair came to his hands. Sir 1 think it a business of so great importance, that it never ought to be forgotten, 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 \vas treason; and he gave many learned arguments to make it out. Whether it be so or no, I \K\\\ not now oiler to debate ; but I think, that for those that are the legislators of the nation to take bribes to undermine the laws and government of this nation, that thev ought to be chastised as traitors. It was mv fortune to sit here a little while in the long parliament. p ^ glS2 tin FRANCIS wtNNTNtrro!c. [a.d. 1580. I did observe that all those that had pensions, and most of those that had offices, voted all of a side, as they were directed by some great officer, as exactly as if their business in this house had been to preserve their pensions and offices, and not to make laws for the good of them that sent them here. How such persons could any way be useful for the support of the government, by preserving a fair understanding between the king and his 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* die interest between tlie 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 tliere 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 them ; and therefore, sir, I would humbly move you to send some members of this house to judge Gregory, for the papers he hath taken in his custody relating to this affair, that so you may, in convenient time, proceed farther herein, as you shall think good : and, sir, hearing 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 a reflection on such members, however, to satisfy the world, I pi'ay, 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 this house. A. D. 1^81.] EABL OF WARRINGTOX. 2i3 HENRY BOOTH, (Lord Dclamere, and afterzcards created Earl of Warrington,) Was member fdr Cheshire in the time of Charles II. and a great opposer of the court, and popery. He was committed to the Tower for high-treason, by James II. but was acquitted. He died . 1694. There is a collection of his speeches in one volume octavo. That which I have given is not, perhaps, the best; but there is an air of homely interest in it, a mixture of local and perional feeling, which makes it the most amusing. The independent country gentleman, the justice of the peace, the custos rot uhrum, (to which latter oiiice he appears to have been as much attached as justice Shallow himself could be,) his own p;rsonal disinte- restedness, his political zeal, and his 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 can assure the reader, that if I do not present him with a good coU lection, by following my own inclination in taking those speeches which I like myself, and meiely because I like them, 1 should, however, make a much worse in any other way. His Speech on putting certain Justices out of Commission. I WAS in hopes that some gentlemen would have pre- vented me in what I have to say ; for I fear the house is under a great mi>takc, as to those gentlemen of the house'who are put out of the commission of the peace ; for it is to speak to that chiefly I stand up. I acknow- ledge that it is an unanswerable thing, that other gentle- men were put out; but no doubt it was upon very weighty and vairaulable grounds, that the gentlemen of the house were })ut out. For witiiout doubt his majesty, or whoever he be that advised iiim to it, did think it reasonable, and was sensible, that we ^\ ho attend tlie service of our country in tills place, do spend our time and money, and neglect 214 EARL OF WARRIXGTON. [a.D. I68I. our own affairs ; and therefore, when we come home it s fit that we have a time of rest, and that we be eased botli 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 tlie care that is taken of us. Besides, there is a further regard had to us : for tliis is a dangerous time to put the laws in execution against tlie papists, because there are examples where magis- trates (some) have been murthered, others attempted to be assassinated, for putting the laws in execution against the papists ; and because we appeared to be jealous in it, therefore this care is taken of us. I su{)pose that might be the chief reason why I was put out, because I have helped to convict above live thou- sand papists in Lancashire, And furthermore, it was necessary to 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 designed disgrace ; for my part it lias gamed 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 ^V'hitc- hall, now thev have had this trial of us ; for A\'hitehall is very apt to incline to the opinion of the country ; and that cart is not well upon the wheels, when it is other- wise. 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 thirig that I grudged to part Avith, and that was the office of custos roiidorum, which had i^een in my family for several generations ; and for that I lioped a particu- lar reason might have been assigned why they took it A. D. 1681.] EARL OF WARllIXGTOX. 215 from me ; but from that day to this, I cannot learn M'hat ' 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. When any gentleman is made a justice of peace, it is 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 ouo;ht to be put out, but either' that he is un%ithful, 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 allowed 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 tliis, 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 acti\e 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 j)ut out in my county; for, besides myself, there are but two put out; the one was newly j)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 discharge of his trust : without retlection or diminution to any man, I think he knows the work of a justice of peace as well as any man in England; 1 except no man ; and lor his integrity, he may set all men at detiance to accuse him of the least partialitv in the disciiarge of his trust; and 1 do know that no man made it more his business than he did, that he might ease and serve the countrv : ter as his abilitv was not inferior to that of anv other man, so did he mo.^t dulv put \\iv. law-- in execution, e-peeiuUy tlio:-c against the papi-ts ; and 215 LORD SO:IRS. [JL.D. l6^8&. therefore, sir, on the behalf of my country, I must com- plain and demand to know tlic reason why be was put out. ^\ e are greatly hurt, we are deprived of a great asr- sistance and relief, and we cannot be quiet till we are satisfied in that particular. And my lord chancellor or the privy council (m hichsoever of them it is that put him out,) will they not tell us why ? Are they ashamed to own the cause ? What, will it not bear m ater .? I hate this as I do arbitrary power and popery. Brave world f that we must be dcbaiTcd of the benelit of our laws : for if they are not executed they signify nothing. It is that which gives life to our laws, and they that do execute them are put out of ofiice : this is a fair step to arbitrary power, to deprive us of the benefit of law. It is the fidme thing not to have lavs, as to have laws and not executed. I say no more, lest I may seem to speak m my own case ; for I do not desire to have any thing done as to my own particular, but as to the gentleman whose Ciiaracter I iiave given you, and his name I will acquaint you with, it is sir Thomas ^lanwaring, you must give me leave to be importunate, and press it again and again, that he may be again put into the commission of tlie peace. JOHN, LORD SO^^FERS, \Vrs bnrn }f)52, and (lied 1710. ]]v was nionihor for Worcester in tlie ronveiition parliament, wliore lie was a[)j>u!nt''(l to manage the eoiitertncc with the kmls, on the abdication oi' king James, and ill 16,97 was made h)rd clnmccllor, lie was one 'of the principal persons employed in bringing about the rcM)hition. From this and tlie following speerhes two things appear to mctolerabH clear, in r[)pOi!;ition to the theories both of I\Ir. Burke and Dr. Price on the :-iil>jtct ; that the great onytitntional leaders who were concerned iti prr.(iu(.ing this event, believed lirst, that the hereditary right to the crown was not absolute, but conditional ; (u' that there was fin oiigiiial fundamental compact between the king and people, the terms of which the former wa? bound to fultil to nuike good Lis lillt ; bccoiidly, that, fo long as thc^e conditioi^s were compliicd A. D. 1G88.] LORD SOMERS. 217' \vith, the people were bound to Kiaintain their allegiance to thfl lawful successor, and not left at liberty to chouse whom they pleased, having no other law to govern them in their "ciioice thaa their own will, or fancy, or sense of convenience. There was in- deed an estate of inheritance, hut then this was tied down and limited by certain conditions, which, if not adhered to, the estate became lapsed and forfeited. There was no question a* the case stood, either of sovereign absolute {o\ver, or of natural rights: the rights and duties of both parties were defined and circumscribed by a constitution and order of things already establibhed, and which could not he infringed on either side with impunity ; that is, they were exactly m the state of all contracting parties, neither of them indejicnrlent, but each having a check or control over the other : the one had no right to enforce his claim if he did not perform what was in t/ic (igrcunrnt, and the other party, to long as tiiis was done, could not he vlf'tkeir hurgaiii. The kuig could not therefore be said to hold his crown " in contempt of tlis people," for both were equallv responsible and bound to one ano- ther, and both stood equally in awe of one another, or of the lax. But in case of any diiference on this head, the right to decide must of course belong to those who had the power; for by the vorv nature of the thing there is nothing to restrain those who have power in their h;inds from exercising it, but the sense of right and wrong ; and where they think they have a nglit to act, what is there to hinder them from acting in vindication of what they con- ceive to be their right ? 1 am nut here entermg into the abstract question of government, nor lio I prt-tend to say tliat this is tlie true >uv and constitution of England; 1 am only stuiiii!r what was tinderstood to be so by tiio prime movers and abettors oi' the revo- lution of 10"88. Lo?-d Souwr^'s ^speech on the Abdicatkn of K'lw^ James. ]My Lords, What is appointed ine to speak to, is your lord- ships" first aiiiendiiient, bv \vhi(4i tlie ^vord abdicated in tlie commo!is' voU" i^ clianixcd into the \\o\-\ deserted ; and I am to acquaint yoar lordships A\hat some of the grounds are that induced tiie commons to insi-t np-on the Avord abdicated, and not to agree to your lordships' amendment. I. The hrst reason your lordships arc pleaded to dc- 13 LORD SOMEllS. [a.d. 1688. liver, as for 3'our changing the word is, that tlie a\ ord ab- dicated your lordships do not find is a v, ord known to tlie common law of England, and therefore ought not to be used ; and the next is, tiiat the common application of the word amounts to a voluntary express act of renun- ciation, which (your lordships say) is not in this case, nor whdX will follow from the premises. My lords, as to the first of these reasons, if it be an objection that the word abdicated hath not a known sense in the common law of England, there is the same objec- tion against the word deserted for there can be no au- thority or book of law produced wherein any determined sense is given to tlie word deserted ; so that your lord- ships' tir>.t reason hath the same force against your own amendment as it hath against tlie term used l)y tlie com- mons. "Ehe v.-ords are both Latin words, and used in the best autliors, and both of a known signification; their mean- ing; is very mcU understood, though it be true their mean- hvr be not the same. ^Jlie word abdicate doth naturally and properly signify entirely to renounce, throw oil", ths- o^n, relinquish any thing or person, so as to have no farther to do with it ; and that whether it be done by ex- press \\ords or in A\riting, (^vhich is the sense your lord- .siiips put upon it, and which is properly called resigna- tion or cession.) or by doing sucli acts as are inconsistent with the holding or retaining of the thing, which the commons tuke to be the present case, and therefore make choice of the word abdicate, as that which they thouglit rlid, above all otiiei's, most properly express that mean^ ing. And in this latter sense it is taken by others ; and that this is the true signification of the word I shall shew yoiir lordships out of the best authors. The hr-^t 1 shall mention is (Jrotius, De Jure Belli ct Paei.s, /. L\ c. 4. /. 4. l\')iit enim hoc non ex jure ei~ riliy .scd er jure natnrali quo qui^que suuin pet est abdi- carc et e.v naturuli prasumptione qua rolui-s.se.s qui creditur qucd .sujjiciejiter sig/iijicavit. And then he A.D. 1688.] LORD SOMERS. 219 goes on, Rccusari hcereditas^ non tantum "verbis sed etiam r^e potest et quovis indicia voluntatis. Another instance which I shall mention to shew that for the abdicating; a thino; it is sufficient to do an act which IS inconsistent with the retaining it, tlioujrh there be nothing of an express renunciation, is out of Calvin's Lexicon Juridicum, where he says, Generum abdicat qui sponsam repudiat. He that divorccth his wife abdicates his son-in-law. Here is an abdication without express words, btit is by doing such an act as doth sufficiently signify his purpose. The next author that I shall quote is Brissonius de Verboruni Signijicaiioney who hath this passage : Homo liber qui seipsum vendit, abdicat se statu suo : that i.s. He who sells himself hath thereby done such an act as cannot consist w ith his former estate of freedom, and is therefore properly said, se abdicasse statu suo. Budffius, in his Commentaries, J d Legem secundam de Origine JuriSy expounds the words in the same sense. Abdicare se magistratu est idem quod ahire penitus magistratu. He that goes out of his office of magis- tracy, let it be in ^\ hat manner he ^\ ill, has abdicated the magistracy. And Grotius, in his book De Jure Belli et Pacisy 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- cated any thing, hath so tar relinquished it, that he hath no right of return to it ; and tliat is the sense the com- mons put upon tiic word. It is an entire alienation of the thing, aud so stands in opjwsition to dicare. Dicat fui propria in aliquudjacit, alnlic'at qui alicnat. So says *ralejus in liis Le.iicou Juris. It is therefore insisted upon as tlie proper word by tl;c commons. But the word deserted, (which is the word used in tlie amendment made l)y your lortlshijjs,) hath not onlv a very doubtful signilication. but in the common acceptance both of the civil and canon law, (U)th signify onlv a bare wilhdrav.ing, a tf'm})orary (quitting of a thing, and neglect C20 LORD SOMERS. [a. D. 1688. only ; which leaveth the party at liberty of returning to it again. Desertum pro neglectOy says Spigelius in his Lexicon. But the difference between deserere and derelinquere, is expressly laid down by Bartolus upon the ??th law of the o8th title of the 11th book of the Code ; and his words are these : Nota diligentcr ex hac lege, quod aliud est ogrum desprere, aliud derelbiquere, ^ui enim derelinqu'it^ ipsum ex penitent'm non revocaty sed qui deserif, intra biennium potest. Whereby it appears, my lords, that that is oalled de- sertion which is temporary and relievable ; that is called dereliction Mhere tliere is no power or right to return. So in the best Latin authors, and in the civil law^ deserere excertitum is used to signify soldiers leaving their colours. Cod. lib. 12. s. 1. And in the canon law, to desert a benefice, signifies no more than to be non-resident j so is Calvin's Lexicon Verb. Desert, secund. Canones. In both cases, the party hath not only a right of re- turning, but is bound to return again ; which, 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 yoiu' reasons given in defence of the last amendment, that your lordships have been, and are Avilling to secure the nation against the return of 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, which leaveth a liberty to the party to return. I'or Tvliich reasons, my lords, the commons cannot agree to the fir.jt 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 doth not reach your lordships' meaning 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 tlic vote to uiiich your lordships have agreed : Tiiat king James II. by going about to subvert A, D. 1688.] EARL OF NOTTlNGHAif. 22,1 the constitution, and by breaking tlie original contract betw^ecn king and people, and by violating the funda- mental laws, and withdraw ing himself out of the king- dom, hath thereby renounced to be a king according to tiie 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 ; such a king as he swore to be at his coronation ; such a king to whom the allegiance of an English subject is due ; and hath set up another kind of dominion, A\hich is to all intents an abdication, or abandoning of his le2;al title, as fully as if it had beeri done by express words. And, niy lords, for these reasons the commons do insist upon the word abdicated, and cannot agree to the wonl deserted. DANIEL FINCH, (Sec 7id Earl of Nottingham,) Was bom l647, and died 1730. He was all his lilc an active poli- tician, without being dtvoU;d to any pi'-rt_V. He teenis to huve gone just iis far as his principles would carry him, and iiu t.-nhfr ; and therefore ofttn stood slili \i\ his political career. Earl of Xottinghams A7is'ucr. Gentlemen, I WOULD not protract time which is now so iieces?arv to be husbanded, nor perplex debates about any allkir like that Aviiich now lies before us. It i>j not a qucitioa barely about words, but tlJing^, which we are now dis- puting. The word abdicated, it is agreed by ^Nlr. Somers, is a ^^ord of art, and ha hath told us what its siguiiicalicn is. 222 lARL OF NOTTINGHAM. [a. B. l68S. 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 -, but then he saith, neitlier is the word used by tlie lords, deserted. I agree to him, that neither the one nor the other are words used in our law ; but the inference 1 would draw tlicnce is this : that we have no words applicable to this case, because we never before had 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 against using of it, because I am so much in love with our own laws, that I would use no words in a case that so much concerns our legal constitution, but m hat are fetched from thence. I hope I shall never see our old laws altered, or if they be, God forbid we should be the voluntary agents in such an alteration. But then we are told the word deserted doth not reach our case, because the signification of the word is but a temporary leaving or forsaking of his power, a\ hich he may reassume ; nay, which in some cases there is a duty upon him to return imto. If that were all, Mr. Somers hath given himself an answer to that o})jcction, out of what he alledgcsof tiie lords' reasons, who have declared, that they are willing to secure the nation against the return of kini:^ James into this kingdom, and will there- fore concur uitli 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 wortls will on the one side or on the other be allowed to slgnity the meaning, therefore we should (as I take it) come presently to think of -ome other that would. But A.-D. lG88.] EAEL OF NOTTINGHAM. 2^3 the rt^asons why my lords did chiefly insist upon the alteration of the word ^/'fl'icv/^t J was, because they did apprehend, that it being a word not known to our laws, there might be other inlerences drawn horn it than they do a{)prehend our laws will warrant iiom the case, as it is stated in the fact of this vote, and as they conceive h done in the concluding of the throne's being vacant. Therelbre I tiiink it \\ouid siiorten the present debate if we did settle that point first : and as we frequently in parliamentary proceechngs postpone this and that para- graph in a bill, till some others tliat may be thought lit to be detennined first be agreed to ; so we should post- pone the debate about the word abdicate, till the vacancy of the throne be settled i for if we were sure that the throne were orAvere not vacant, we should easily light upon ^^hat Mord were proper to be used in this case. I should therefore pro})ose that we might debate that first; because if there be an I'nglish word of known signi- fication in our law, a\ hich should signify no more tiuui renouncing for a man's self, and w liich would not amount to so nuich as setting aside the right of others, tliat word may be used ; and if no other, the word reiiuu)ic'mg\\iucli a Iru^t is, and what the law savs in sucli a case. If indeed vou do pnt-thd I'laf tlir tiirouf^ is variiUi, S24 SIR GEORGE TREBY. [a.D. l6S8. and both Iionses agree in that conchision I think it will be no matter what word is used about it. But if we do not agree to that conchision, I think it %vill be afterwards easy to shew which is the fittest %\ord to be stood upon, or to agree upon some other. I pray, tliercfore, (to shorten the debate,) that vou, gentlemen, would speak to this point first ; and vs hen that is resolved, I hope we shall easily come to an agree- ment about the other. SIR GEORGE THEBY. His Speech on the same Subject, My Lords, The particular manner of doing it is, I take it, not tic matter in debate just nov.- before us, till it be settled whether a king can abdicate at all, or renounce his king- ship at all. This then being granted, that a king may re- nounce, may resign, may part witli his oftice, as well as the exercjse of it, then tlic qi^stion, indeed, is, whether tills king hath done so or no ^ That he may do it, I take it for granted, it being an act of the Mill. Then let us now encjuire into llie fart-=, jry 3-et out in the vote, whether this mIU of his be mani- fest. For that, you have heard, may be discovered se- veral way? : the discos ery may be by writing, it may be by words, it may be by facts. Grotius himself, and all tiiC authors that treat of this matter, and the nature of it, do aeree, I'hat if there be any word or action, that doth siifiiciently manifest the intention of the mind and V, ill, to part ^ith his ofiice, thiit \vill amount to an ab- dicalion or renouncing:. * Now, my lords, I beg leave to put this case : Tliat b.ad A.D. 1G88.] SIR GEORGE tliEBT. 225 kinn; James II. come here into the assembly of the lords and commons, and expressed himself in m riting or words to this purpose : I was born an heir to the crown of England, which is a government limited by laws, made in full parliament, by king, nobles, and commonalty; and, upon the death of my last predecessor, I am in possession of the throne ; and no^v I hnd I cannot make laws, witiiout the consent of the lords and representa- tives of the commons in parliament. I cannot suspend laws that have been so made, without the consent of my people; this, indeed, is the title of kingship, I hold by original contract, and tlie fundamental constitutions of the government J and my succession to, and possession of the crown, on these terms, is pai't of that contract. Tiiis part of the contract 1 am weary of, 1 do renounce it; I will not be obliged to observe it; nay, I am under an invincible obhgation not to comply with it; I will not execute the laws that have been made, nor suffer others to be made, as my people shall desire,- for their security in religion, liberty, and pro[)ertv; which are the two main parts of the kingly office in this nation. I sav, suppose he had so expressed liimself, doubtless this had been a plain renouncing of that legal, regular title, a\ hich came to him bv descent. If then, hj, by particular acts, such as are enumerated in the vote, has declared as nuich, or more than these words can amount to, then he therel)y declared his M'iil to renoimcc tlie government. He hath, bv these acts mentioned, manifestly declared, tliat he \\ill not govern according to the laws made; nay, he cannot so do, for he is under a strict obligation, (yea the strictest, and superior to that of the oiiuinal compact between the king and people) to act contrary to tiie laws, or to suspend them. l>y tiie law, he is to administer justice, anvi to execute hi^ olTice, acmniing to the tenor of those laws; and the coronation oath ohligeth lum, likeu i.-e, to cons("!it to such laws as tiie jjceplc siiuii choose, liut, on the contrarv, by tliat untbriunate persuasion (in pouit of religion) thai VOL. I. Q 22() SIR GEORGE TREBV. [a.D. 16? he hath embraced, he is obliired to suspend the laws that defend the established reHgion, and to treat it, as it lias been called, as the nortlierii heresy, and under pain of damnation to extirpate it. And, in order to it, did sap and repeal all the legal fences of it, without consent of parliament. What the endeavours and practices of that lind have been in the last rei^n, I suppose we arc not now to be told of, or instructed in ; and if (as is very plain) this doth amount to a manifest declaration of his will, no longer to retain tlic exercise of his kingly of- fice, thus limited, thus restrained, then in common sense, as well as legal acceptation, he has sufficiently declared his renouncing of the very ofiice. As for his departure out of the kingdom, 'tis not material whether it was vo- luntary or involuntary ; but it is sufficient that his acting declares, quo cmimo he went av. ay ; he could no longer pursue what he designed, and tlie contrary of which he was so strongly obliged unto, by the duty of his office and relation, and the obligation of the original contract, as likew ise his own coronation oath j and then he desires no longer to be here. 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 law, and thereupon hath withdrawn himself out of the kingciom ; it is a manifest declaration of his express renouncing and parting \\'\\\\ fiis kingly office. .Vnd thereiorc 1 cannot depart from in- sisting upon this word abdicated ; which doth so Avell correspond to the fact in ease, and so well express the true meaning of the commons in their vote. Nor can we consent lo the j)Ostj)oning this j)ohit, till the other, about the vacancy of the throne be determined ; for this is the very founciaiion upon which we are to proceed, for establishing the suj^erstruciLire of the other conclu- sion. A. D. 1()8S.] SIR ROBERT HOVVAUD. 227 SIR R013ERT HOWARD, (Who is known as a Political and Dramatic Writer,) Was the aon of the earl of Berkshire, knighted at the restoration. He died about I7OO. Sir Robert Iloxcard's Speech on the same Subject. iM}'^ Lords, FiiE ])roceeding and expressions of the house of con;- hions in this vote, are fully warranted by the preeedeiit that hath been cited, and are such, Mherein there has been no interruption of the government, according to the constitution. The late king hath, by yoiir lordships' concession^ done all those things which amount to an abdication of tlie government, and the throne's being thereby vacant ; and had 3^our lordships concurred with us, the kingdom had long ere this been settled, and every body had peace - al)ly followed tlieir own business. Nay, had your lord- ships been pleased to *<]:)ress yourselves clearly, and not had a mind to speak ambiguously oF it, we had saved all this troul)le, and been at an end of disputing. Truly, my lords, this record that hath been men- tioned of Henry IV. I will not say is not a precedent of election, for the archbishop stood up, and looked round on all sides, and asked the lords and commons, whether thev would have him to be king ? and they as- serted, (as the words of the roil are,) that he should vc'hra over tliem : and so it is done at every coronation. As to his claim, tliey did not so much mind that; for tliey knew that he claimed by descent and inlieritance,Mlu'u thi-re was a kuov.n person that had a title before him. For that wlii.-h a noble lord spoke of touchin-;iiii)S, then, in sucli a case, must brciik through tiie succession, I think the nation has reason to A.D. iGpO.] WILLIAM III. ^3\ expect you should take caie to supply the present defect, uliere tiie succession is uncertain. My lords, if this should not be agreerl unto, what will be the consequence? We that used, and justly, to boast of livirm under the best of governments, must be left witliout any one ; for your lordships, it seems, can- not agree with us to supply antl hll 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 for our settlement. Truly, my lords, upon the v.hole, I cannot tel] what condition \vc shall be in, or what we can do farther : 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 this distraction : but then, at whose door that will lie, I nmst leave to your lordships' own thoughts. WILLTAiNI III. (Priucc of Orange,) W;is born at tho Hague in l6'jO, He was the son of Vvilliaiu, princft of Orango, and Henrietta, daughter of king Charles 1. He mar- ried the daughter of James H. ; and in conseoucnce of the arbi- trary conduct of that monarch, was invited over in lO'SS, to take possession of the crown in his stead. He died 170',', by a tall from his liorse. He was h man of great aluhties, both as a 5>tatesman and general. The King's Speech to Parliament, Afy Lords and (ientlemcn, I ani resolved to leave nothing unattcmpted on mv part which may contribute to the peace and prosperity of this nation; and finding my presence in Ireland "will be absolutely necessary for the more spcc':nt, A fiulher reason which induces me to send you this act at this time, is, because I am desirous to lea\ c n<) A.U. 1690,] WILLIAM III. 5233 colour of excuse to any of my subjects, for the raising of disturbances in the government, and especially in the time of my absence ; and I say this, both to in- form yo'.i, and to let some ill-aticcted men see that I am not unac(iiainted how busy they are in their present endeavours to alter it. Amongst other encouragements which I find they give themselves from the ways by which they liope to compass their designs, is tiie creating ditferences and disagreements in vour councils; Avliich I ho})e you will be very ciirctiil to {)revent: for be assured, that our great- est enemies can have no better instruments for their purposes, than those who stiall any way endeavour to disturb or delay your speedy and unanimous j)roceeding upon these necessary niatters. I niust recommend aUo to your consideration, an union with Scotland. 1 do not mean it sliould be now entered upon ; l)ut tliey having proposed this to me some time since, and the parliament tliere having nominated conimissioners for that purpose, I should be glad that commissioners might also be nominated here, to treat with them, anri to see if such terms could be agreed on, as might be for the benctit of both nations, so as to be ready to be presented to you in some future session. My lords and gentlemen, I liave thought it most con- venient to leave tiiJ administration of tlie government m the hanils of the queen durini*; my absence ; and if it shall be judged necessary to have an act of parlia- ment for the bctt<'r eontinnation of it to lier, I desire you ^vi]l let such an one be prepared, to be presented to me. I have this oidy to aid, that the season of the year, and my journey into Leland, will admit but of a very short session ; so that I must recommend to vou the mukiuiz such dispatch, that we may not be enii;a'^^;ed in debates, when our eneu.ies shall be in the ticid ; for Viv sucLT-^s of tile v>ar, and the niore thrii'ty manage- 54 Sni CHARLES SEDLEW [a. D. 10.90-. XHnt of it, Avill both principally depend upon your speedy ifesohitJons ; and I hope it will not be long before we shall meet aijain, to perfect what the time Mill not now allow to be done. SIR CIIAHLES SEDLEY, ^Oiie of the IViU and Pacts of f/ie C(,urts of Charles II,) Was born ahorit iGo.Q^ and died l/Ol. His daughter had been mis- tress to .lames II. who made her countess of Dorchester; .so that, on being asked wby he was so great a favourer of the re- volution, he replied, " From a principle of gratitade : for since fcis majesty has made my daughter a countess, it is fit I should I>) all 1 Ccin to make his daugliter a queen." Sh: Charles SecUcu'.s Speech on the. Taxes. !\Ir. Speaker, We have provided for the army; we have provided for the navy ; and now, at last, a new reckoning is brousht us : Ave must likewise provide for the lists. Truely, i\Ir. Speaker,' tis a sad reflection, that some men should wallow in wealth and places, whilst others pay away, in taxes, the fourth part of their revenue for the snpj)ort of the same governuient. We are not upon equal terms for his majesty's service : the courtiers and great (/nicers charge, as it were, in annour ; they feel not the taxes by reason of their places, wliilst the country gen- tlemen ai'c shot through and throudi by tliem. The kln^ is pleased to lay his wants before us, and, I am coniident, experts our advice upon it : \\e ought therelbre to tell liini uliat pensions are too gfat, \\ hat places maybe extiniiuished duriu2; tlie time of the war and public ca- A. D. lG^4.] Sm CHARLES SEDLET. ^35 lamitv. His majesty sees nothing but coaclics and six, and great tables, and therefore cannot imagine the want and misery of the rest of his subjects : he is a brave and generous prince, but he is a young king, en- compassed and hemmed in by a company of crafty ohl courtiers. To say no more, some have places of 3000/. some of 6000 /. and others of 8000 /. Jut annum ; and \ am told the commisioncrs of the trei^sury have I6OO/. per annum, a jiiece. Certainly, public pensions, what- ever they ha\e ijeen formerly, are much too groat for the present Mant and calaniity that reigns every where else ; and it is a scandal that a government so sick at heart as ours 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 pin"ses, if things b(; not managed with all iuiaginable thrift, ^\'hen the peo[)lc of England see all things are saved, that can be saved, that there are no exorbitant pensions, nor unnecessary salaries, and all this ajjplied to the use to which they are given, we shall give, and they \\\\\ [lay whatever his nrajesty 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, JMr. Speakei", with this: let us save the king what we can, and tlien let us pi'occed to give \\Va\i we are able. SIR JOnX K\IGIT]\ ( McniLi'i'/or Bristol.) This worthy citizen, (of whom I am sorry I can Irarn no morn thnn his title, and the place which he represented,) shall make his ap- pearance, and at lull length, tluuigh he ^-hould be received w.tli a^ dreadlul a storm of crilii ism, as th.ut which lie di^scnljes ui liie. outset of his speech, lie is a true Knj;lishnian, a perfect islund'T. He seems to liave as thorough a hitrcd for the continent, and all il- inli.ibitcMitij ui if he hacl been lirit swaddled in the Icakv hold of 235 sin JOIIX KNIGHT. [a. D. 1694. a merchantman, or had crawled out of the mud of the Bristol chan- nel. He is not merely warm, he perfectly recks with patriotism, and antipathy to all foreigners. For the last hundred years, we have only been working on this model, and] do not see that we can get much beyond it. We have, it is true, refined the stile, filled up the - OHtlines, added elegance to fury, and expanded our prejudices into Systems of philosophy. But we have added nothing to the stock. The design and principles remain the same; and they are unalter- eble. The pattern is closely copied from human nature. Indeed, I do not know whether the best examples of modern declamation fn this subject, will be found to be much better than awkward af- fectation, and laboured extravagance, in which the writers scarce- ly seem to believe themselves, it we compare them with the spirit,, the natural expression, the force, and broad decided manner of this great master ! }"r>r my own part, I confess I like the blunt, uncouth, hcar-gardcn stile; the coarse familiarity, and virulent abuse of this honest knight, better than the studied elegance of modern invective. The stile is suited to the subject. I'Aery thing is natural and sincere, and warm from the heart. Mere are no fine-spun theo- ries, no affected 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 burning-glass to inflame the violence of the passions. Dov;nrighl passion, unconqmrable pre- j.'.dice, and unaffected enthusiasm, are alwa\^s justifiable ; they follow a blind, but sure instinct ; they flow from a real cause ; tliey 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 has been said of love, von bene convcniunt, iirc iu una sedc morantur UKijcstad et amor. It is an unnatural union, which can produce nothing but distortion. We are not at present hurried away by ihe honest ebuliitions of resentment, or blind zeal, but are in that state described by Shakespeiire, iu which " reason panders will." No one is ofT'ended at the raving-, the fierL- g--^ .ires of a madman : but what should we tiiink of a man who aiiect.ed to start, to foam at the mouth, and feiiined himscif mad, only to have an oppor- tunity for executing the most n)ischievous purposes ? We are not surpris^^d to see poisonous weeds growing in a wildciiess ; but who would think (A lianspianting them into a cuitivat.'d gaiden ? lam tlu-refore glad to take refuge from tie mechanic, cold-blooded fury, and mrrrfuarv maiice of pretenocd patriotibui, in the honest e!o(jufnre, " the dov.aaight violence and storm of passion" of thi= real enthusiast." A. D. l594.] SIR JOHN- KNIGHT. 2J7 Sir John Knight's Speech against the Dutch. Mr. Speaker, I HAVE heard of a ship in a violent stonn, in clanger of perishing every moment; it was not such a sham stonn as we were lately entertained with in the Gazette, which deceives the peo[)le, by affinnin-elves and the ship; which the sailoi'S re- iasing to do, he retired to his cabin, humbled himself in pniver, and implored the powers tiiat alcne could save in time of need, tiiat the ship and the company might be justly swallowed up, for the disobedience of the sailors; yet, that he and his cabin might suffer no damage. Sir, I cannot, as that good commander did, be so vain as to hope, either myself or the place for ^vhich I serve can be preserved from tiic gcncTal inundation which this bill -vve are now debating lets in, on tlic liberties of my native countrv, and countr^nien; ami therefore be unconcerned for the good of I'ngland, provided j-.ristoi were safe. To hope for, and expect liappmess in life, when all mciukinrl but mv-elf are dead, would not be tS^ SIR JOHX KNIGHT. [a. D. 1 594: more deceiving tlian to propose comfort and security td myself and corporation,^ when strangers are admitted to possess and enjoy, by law, all that's valuable in the king- dom ; fai' this bill doth enfranchise all strano-crs that will swear and protest against popery, with the liberties of every Englishman, after the vast expence of treasure and English blood it hath cost this kingdouj, in all times and ages of our fore-fathers, to secure them to themselves and their j)osterity. Wherefore, j\Ir. 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 ; and I am more moved there- unto, whilst I see so many members sent here by their country, for the conservation of the English mens' liber- ties, so \\ arm as to part with all to strangers with one vote. 'i'he 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, Avas to prove that this age and generation are wiser (he did not say honester) than tlie former. I remember a west countryman, many years past, un- dertook to prove the same to me, and niy company beyond sea, by declaring his lather was a fool to hinj j 1 Yielded him that point, by concluding both to be such; and yet our forc-fatliers might be wise men. I shall not at this time question the wisdom of those wIjo promote the bill, or their fathers'. Eor myselfj I declare in be- iiaif of the wisdom and honesty of our predecessors, nor can I assent to the yielding up of the liberties and lavvs they derived unto us, only because some gentlemen tliink better of themselves (^and perhaps mistakenly) than of theii parents. Sir, 1 Mas early instructed in a principle of defer- ence to the wisdom of our ancestors ; and at this time I tremble, when I reilect on the correction given me by A.D. l69i.] SIR JOHK K^TICHT, 239 !iiy master, that I miglit not forsict, but imitate and de- fend in all times this rule : Let them only be account- ed good, just, and wise men, \\ ho regard m\d defend tliG statutes, kiM s, ordinances, and liberties, which their lore- fathers' wisdom and experience obtained for themselves nd posterity. Now, it is my opinion, Mr. Speaker, that if those gentlemen who approve of this bill, had not only been taught that rule, but as well corrected as myself, they would be of mv 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 \\itli a much more rigorous and exemplary chastisement from their enraged and ruined countrymen, 'J'hc ariTuments used for the bill, are in substance these : First, A want of purchasers for our land. Second- ly, Of merchants. Thirdly, ^Manufacturers who can work cheaper than the English. Fourthly, Ilusbandmen to till the ground. To all these I shall return short answers ; but if I de- bate not on them with that advantage and reason as our land admirals can (no doubt) u itii great ingcnnity ou SL'n politics; I hope the house will pardon me: for mv observations never c(ist the kingdom such expcnce of money at home, and losses at seti, as hath the experieiK:c of tiiose honourable persons in sea affairs. First, it's argued by souic, that Ave want purchasers for the lands ; this is a melancholy consideration. 1 there- fore desire those gcndemen who approve of tiiis bill, to tell me uhat it is halli (aought us to this condition; that the Uajued men of England are reduced to so low anebri, that they must sell, and none are left able to buy, unless foreigners are iiatriralized. Doth this pro\e our fore-fa- thers wanted underitaniliuiir Or doth it not rather con- elude itself oecasic-ned bv vur v/.-nt of it, and bv our not following iheir exampks, v. ho ncscr taxed their country to the ruin bodi of tiieiu-elve^ anrl their posterity; nor did tiiey expend the nioncy of the kingdoiu on such vA- ii '. a'-- ours; who, as we isave bc.'n iutcrmed bv some of 240 SIR JOHX KNIGHT. [a. b. I(?p4* the privy council, are not in our interest, and will spard us none of their men for our j)ay, without great pen- sions likewise for themselves. Can any man hope to persuade me tliat our ibre-fathers would have brought foreign soldiers into England, and pay them, and natu- ralize them likewise; and at the same time send the English soldiers abroad, to fight in a strange land, with- out their pay ? Let us abate our taxes, and, after the ^v\sc precedent "of our fathers, pay our own seamen and sokiiers art home, and send the foreigners back. 1 tien the money will be found circulating at home, in such Englishmen's hands who may buy the lauds that are to be sold, ' with- out naturalizing strangers. Secondly, Ifs said we want more merchants : whom may we riiank for bringing so many to poverty? But I shall Ibrbear grating, and desire the liberty to consider in short, how the trade of England hath hitherto been carried on. Gentlemen have placed thcir'younger chil- dren to merchants: their masters observing their honestv and diligence, when they have gained some experience in the necessary parts of trade, generally send them abroad to Turkey, all parts of the Levant, to Spain, Portugal, the l-^ast and' ^ Vest Indies, and all parts where England holds any considerable commerce. 1 here tiie young men arc employed by, and entrusted A\ith, tlio stocks and estates of their masters and friends, '^^llere^)v all parties, Ijoth the princi|)als at home, and tlie factors abroad, are advantaged, and iJigland enriclicd ; (for there, in tljc end, all centers;) and at last, A\hen they are satisfied with gain, they return to their native soil, thiir frieiids and rclati(>ns, ibr ease and eni])l()ynient; liiakiiig room for a younger generation to succeed in their {;rolit:ible em})loynieHts. Tints, hitherto, tliis king- dom iiath advanced in riches, \\hi!e foreigners could net with success plant their factories on us, through the ad- vantage v. e had by our laws : Ictus but turirtlie tables,, and coniidtr the conse({ueiice. Su!;j,'ose \\c pass this A. b. lif)94.] SIR JOHN KNtCHT. 241 bill, and the Dutch (who no doubt wirt take the oaths as this bill directs, and protest against popery and paganism, and on occasion Christianity too, as at Japan,) send tiieir servants and factors hitlit3r, and ^ye naturalize them, and let the capital stock, which gets an employ to these new- made KnsHshmen, belong to their masters and friends, who never did or e^er will live amongst us; will it not then folloAv, that the profit w ill be theirs, and not Eng- land's ? and will not the new-niade English (yet Dutch- men still) return to their country and friends, with their gain, as our people hitherto have done? We may ob- serve by o:ir inland trade, that it's seldom they ^vho make the manufactures gain estates, but those who em- ploy their stocks iri buying and selling what others make; and it's the same with the merchrints : those that export and import are the gainers, the tirst muker very seldom, the consumer never. The conclusion then of this experiment must be this; That what hath hitherto been gain to England, by Eng- lish merchants and factors, will be turned lo a foreign land, by the foreign merchants being nuturalized for their own, not England's advanti^iie. But this is not aW : for at once the art of navigation will be rendered useless. Whence then will \>c a nursery for seamen ? For foreign merchants v.ill natui'alize fo- reign seamen; and, Avhcn the press-masters iind them, they will Dutclten spraken ya iriiiheer, and avoid the service; but at the Custom-house, Exchange, and in all corporations, they vill be found as good iMiojishmen as any of this hou?e. From whence it foHoweth, that trade will be onlv carried on by foreign merchants and seamen, ^nd the English sc/inien C(;n;ienine(l to our men of v,-ar; and perhaps live there, ^s hitherto, with- out their pav, till another million be owing tiiem for wages; and, in the interim, have this only consolation and reward for service done, and to be done, diat their* A\ives and children may he subsi.- ted with the alms of VOL. 1. \i 242 SlllJOilX itNIGHT. [a. J). 1694^ the parish, whilst foreign soldiers arc maintained at home and abroad with their pay. -;'-, . . ] A third argument for admitting foreigners, is u})onasup- posed want we have of manufacturers, especially such as A\iil AAork cheaper than the English. In my opinion, this reasoning is extraordinary, and ought not to take air out of the house, lest the old Enghsh spirit should exert itself in defence of its liberties: for at this time^ when all provisions are become excessive dear, by the great quantities exported to Holland, which puts the poor English manufacturers on starving in most parts of Eng- land, for ^vant of a full employ to enable them to support their famihcs by their iionest and ptiinful labour and in- dustry; shall an English parliament let in strangers to undersell our country r which they may easily do, whilst they live in garrets, pay no taxes, and are bound to no duty. I low shall we answer this to our country, who sent us here r AMien, by so doing, instead of making the kingdom more populous, we provide only for the sub-^ istencc of foreigners; and put our countrymen to the choice of starving at home, or to turn soldiers, and hii sent to Flanders, and starve there for ^ant of their pav: for it's well known, that at this time more conmio- ditics are made in England than can be consumed abroad, or at home ; Mhich makes the poor manufacturers so miserable. All country gentlemen within this house, have for several sessions laboured ^hat they could to raise the })ricc of the provisions '\hich their lands pro- duce; and souic think it not groat enough yet, and they would despise that man who sliouUl endeavour to lower the rates, by proposing a free importation of Irish cuttle and corn, though he had no other design than lliat charitable and necessary one of relieving the poor; and vet these very G;entlenien are for this hill, because thcv Mould have tiie labour .of the poor brought to a lower advantage. In niv opinion, this is a verv unequal way of reasoning ; that wliilst we raiic the pi ice of the jho A.t). 1()94.] ?.1R JOHN KNIGHT. 243 duct of the land for tlie gentlemen to li\e in greater state, ait the same time our consults arc how to make the half starved manufacturers that live by their daily labour, more and more miserable. What opinion will the connnon people of England have of this house, and the gentlemen ot' the kingdom, whom notlyng can please but what is made by foreigners, or comes trom abroad ^ Our palates, for a long time, have been so nice, that nothing but a French cook could pleast tiiem ; nor could we persuade omselvos that our cloathing was good, un- less trom head to foot we were a la mode dc France. The gentleman \\\\% not well served, without a Frenchman ; and the ladys commode could not sit right, if her fine FVench woman did not put it on. Now, on a sudden, the change is as violent in favour of the Dutch, who are great courtiers ; and the only taking people ; and our English are a sort of clumsy fisted people, if com- j^ared with the modish Dutch ihuis and Frow ; and in s^hort, the Englishmen are fit for nothing but to be sent to Flanders, and there either to fight, steal, or starve, for want of pay. There is one thing, Mr. Speaker, which conies into my mind, with which 1 shall close this con- sideration : \\liat reason was there for blaming the mavors, aldermen, common councils, and otlier go- vernors of corporations, for surrendering their charters though they still retained their rights, for Englishmen only to come into new charters ; and at the same time Iwpe to justify our proceedings, though Ave throw up the great charter oi our English liberties, to admit strangers. \ Iburth ])retcnce lor this bill is, a want ot" hus- bandmen to till tih'^ giound. I shall sa\ little on tliis heatl, but re(juest the honourable person l)elow me to . tell me, of the forty thousand Fnnch wiiich he confes- se'tli are come into luigland, how nianv does he know that at this time foilow the j)lo'.v tail' For it's my tirm opinion, that not only the French, but an.y other nation this bill shall I'-t in upon \vz, vill never transphait thriu- ^'44 SIR JOHN KNifeHT. [a. d. 1694. selves for the benefit of goin<^ to ploM : they will con- tentedly leave the English the sole monoply of that sla- very., U[)on the whole, sir, it's my judgment, that should this bill pass, it will bring as great afflictions on this nation, as ever fell upon the Egyptians j and one of their plagues we have at this time very severe upon us : i mean that of their land bringing forth frogs in abundance, even in tlie chambers of their kinss; for there is no entering the courts of St. James's and Whitehall, the palaces of our hereditary kings, for the great noise and croaking of the frog landers. My. Speaker, this nation is a religious, just, and zea- lous nation, who in some of their fits of zeal have not only quarrelled and fought for the same, but have mur- dered and deposed kings, nobles, and priests, for the sake of their religion and liberties, w hich they pretended to prove from the bible. We are the religious representa- tives of this religious people : let us therefore learn in- struction in "this case before us, from that great book, where we may be informed that St. Paul, by being born free of heathen Rome, escaped a whipping, and valued and pleaded that privilege ; and the chief ca[)tnin of the Romans prides himself that he, with a ^reat sum, had obtained that freedom, and feared greatly \\ Ik n he had violated St. Paul's liberty, by binding of him ; and shall we set at nou.ghtthe freedom of tlic English nation, who are a religious christian kingdom, and part with the same to strangers, for nothing, unless the undoing of our own countrymen who sent us here, but not on this errand ? Certainly Ave should follow the example of the Roman caj/iain, and fear and tremble when we consider the just provocation we shall give to the kingdom, who will ex- pect that we preserve, and not destroy^ e\ery English- mans biith-riglit. Sir, wc may further learn from that hook tiie fate of the Egvjjtiaus ; who expencuced, on the score of cha- ritv, A\hat it is a ptopJe may (\\pect from admitting A. D. 1694.] SIR JOltN KNIGHT. 245 strangers into their country and councils. Joseph was a stranger, sold a slave into Egypt; yet, being taken into Pharoali's council, he, by taxes and other tine pro- jects, brought the seven yeais plenty God had blest the Egyptians with, into the granaries of Pharoahj but, A\ hen dearth came on the land, and the people cried to their king for relief, they were sent to the stranger Jo- seph, who getteth from them, for that which was once their own, all then- money, their cattle, their lands, and last of all, their j)ersons into slavery j though at the same time, he did far otherwise by his own countrymen, for he placed them in the best of the land, the land of Goshen, and nourished them from the kind's store. This exam- pie should teach us to be wise in time, seeing all this was done by the advice of one foreigner in the privy council ; and what may that country expect, where the head, and many of the council, are foreigners. Sir, I perceive some gentlemen are uneasy; perhaps I have offended them, in supposing they are religious re- presentatives, or concluding that their religion is to be ]>roved from the bible: if that be it which displeascth, I i)eg their pardon, and promise not to offend again on that score, and will conclude 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 kinirdom. 246 . QUEEN ANNE. [a.D. 1701. QUEEN ANNE Was the second daughter of James IL; bom in l66i, and died 1714. She cauie to the crown in 1701. Queen Anne's Speech to both Houses. My Lords and Gentlemen, I CANNOT too much lament my own unliappiness in succeeding to the crown immediately after the loss of a king, Avho was tlie great support, not only of these king- doms, but of all ILurope. I am extremely sensible of the weight and difficulty it brings upon me. But the true concern 1 have lor our religion, for the laws and liberties of England, for maintaining the suc- cession of the crown to the protestant line, and the go- vernment in church and state, as by law established, en- courages me in this great tindertaking; which I ))romise myself Avill be successful, by the blessing of God, and the continuance of that fidelity and affection, of Mhich vou have given me so full assurances. The present conjunctiu'e of affairs requires the greatest application and dispatch; and I am very glad to find in your several addresses, so unanimous a concurrence* in the same opinion with me, that too hiuch cannot be done for the encouragement of our allies, to reduce tlie exorbitant power of France. I think it vQvy necessary, at this time, to desire yon to consider of proper methods for attaining an union be- tween Kngland and Scotland; Avhich has been so lately recommended to you as a matter that very nearly con- cerns the peace and security of both kingdoms. rrcntlemen of the house of commons, 1 need not p'lt you in niind, that the revenue for defraying the ey.pciice-- of the civil i;overnnient is expired. I rely en- A.D. 1706.] LORD BELIIAVEN. 347 tircly upon your aftcction/for tlie supplying of it in such a manner as shall be most suitable tor the honour antl dignity of the crown. My lords and gentlemen, It shall, l)e my constant endeavour to make you the best return for that duty and affection, which 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, 1 can very sincerely assure you, there is not any thing you can c>xpect or desire from me, which 1 shall not be ready to do for the liappiiK'ss and prosperity of j!lngland ; and you shall always ihul me a strict and religious observer of my word. LOUD BELIIAVEN. Xlie following Speech is inserted in the debates of this pcrioiL Tlioiigh it does not come regularly within the plan of this collec- tion, yet 1 thought 1 might be ullowcd to give it for the s;iKe of diversifying the stile of the work, and as a curious record of national feeling. As to tlie stile, " it has the melancholy madness of poetry, witliout the mspiration." It has all the forms of eloipience, but not all tlie power; and is an excellent instance to shew liow far mere iJitimur will go. Tiiere can be little doubt but that this oration must have produced a verv great effect; and yet there is nothing in it which any man mjglit not sa)- who was willing to indulge in the same strain of academic descrij)tion, ihit it adopts the language oi imagination, mimics her voice and gesturt'S, con- forms to her st\ le 1)V a contiiuied profusiau of ligure and j)ei;so- nification, and is. full of that eloijuenco which consists in telling your mind freelv, and which carries the hearer along with it, be- cause you nev( r M'cm to doubt for a moment of his svm[Kithy, or tliat he does not take as t^reiit aJi int(>re.^t in the questioy a? you d. 'I'liere is no ca|)tioiis reser\e, no surly independence, n.) atl'ectedin- dift'crence., no fear of <.'(juiiaitting yuursclf, or exposing vourself lo ridicule bv L;iving a loo^e to your feelings ; but every thing seen s spoken with a full heart, si'iisd)le of tiie value of the cause it e^- pouses, and onl\ fearful of failing in ex]>n-ssions of aeal towanis r, or in the respect that is due to il. I'erhaps, what 1 have heie stated may serve to point out the characteristic ditference betw<'eu the eloipienre of the Kngli.-h and ibe French. 'I'he latter avad th''mselve-5 of :ili the adsantaurs that art and trick and ad\ I'li- 48 IGKD 3JELHAVEK.. [a.D. 170$, titious ornament can give ; and they are chiefly anxious to pro- duce an effect by the most obvious means. If their thoughts are but fine, they do not care how common they are : this is because they have more vanity tlia-n pride, and are willing to be pleased a't any rate. On the other hand, an Englishman's muse is generally the spleen. He is for defying others into, sympathy, and had rather incur their contempt than endea- vour to gain their good ophiion by shewmg a desire to please them. He likes to do every thing in the most difficult way, and from a spirit of contradiction. Accordingly, his eloquence (when it is forced from him) is the best that can be, because it is of nature's doing, and not his own, and comes from him. in spite of himself. However, there is a sort of gallantry in eloquence as well as in love. To coquet with the muses, to dally with the fair forms of speech, to be full of nothing but apostrophes, interjections, interrogations, to be in raptures at the sight of a capital letter, and to take care never to lose a fine thought any more than a tine girl, for fear of putting a question, are the only means by which a man without imagination can hope to be an orator ; as it is only by being a coxcomb, that a man who. is not handsome can ever think of pleasing the women ! liut to. return from this digression to the speech itself, it contiuns a good deal of warmth and animation, and if the author had been a youn^ man, would have done him credit. Lord Bdharais Speech in the Scotch Conxentlai\ against the Union, o My Lord Chancellor, WiiF.^ I consider the affair of an union ])ctvixt the two nations, as it is expressed in the several articles thereof, and now the siihjcct of our deliberation at this time, I find rn}' mind crouded with variety of melan- rholy thoughts; and I think it my duty to disburden my- self of some of them by laying tlieni before, and e\- posini them to the serious consideration of this honour- able house. I think I see a free and independent kingdom deli- vering up that which all the w {;rld hath been fighting jor iiince the days of Niinrpcl : yea, that for which nl()^t of A. D. 1706\] LORD BELIIAVEN. 24^ all the empires, kingdoms, states, principalities, and dukedomii of Kurope, are at this time engaged in the Tnost bloody and cruel wars that ever were ; to wit, a power to nitUiagc tlieir o\\ n affairs by themselves, with^ out the assistance and counsel of any -other. I think I see a national church, founded upon a rock, secured by a claim of right, hedged and fcjiced about by the strictest and most pointed legal sanction that so- vereignty could contrive, voluntarily descending into a plain, upon an equal level witli Jews, Pi>pists, Soci- nians, Arminians, Anabaptists, and other sectaries. I think 1 see the noble and lionourable peerage of Scotland, whose valiant predecessors led armies against their enemies uj)on their own proper charges and ex- pence, now divested of their followers and vassalages, and put upon such an equal foot m itii their vassals, that I think 1 see a petty English exciseman receive more homage and respect tiian \vhat was })aid formerly to their (jaondam Mackallamores. I tliink I see the piesent peers of Scotland, ^hosc noble ancestors conquered provinces, over-run coun- tries, reduced and subjected towns and fortiticd places, exacted tribute through the greatest part of Kngland, now walking in the court ot requests, like so many Englisli attornies, laying a.^ide their uaiking swords when in company uith the Knglisli peers, lest their self-defence should be found murder. I think I see the honourable estate of barons, the bold assertors of llie nation's li-hts and liberties in the worst of times, now setting a watch upon their lips, aiitl a guard upon their tongues, lest tliey may be found guilty of scanda/am riiag}iati(ni. I think I sec the royal state of burghers walking their desolate streets, hanging doun their heads under disap- pohitments, -w urmed out of all the branches of their old trade, uncertain what hand to turn to, necessitated to become "prentices to their unkind neigii'jours, and yet, 250 toitD BEtI^AVE^^ [a.d. I7O6'.] after all, fiiidhig their trade so fortified by coinpanies^ and secured by prescriptions, that they despair of any success therein. I think I see our learned judges laying aside their pratiques and decisions, studying the common law of England, giavellcd with certiorar'iSyms'i priuses, rLritsof crrory rerikcts, bijiowthm, ckfnur.% d^r. and fi'ii]fhtcd witli apjx^als and avocations, because of the new reg-u- Litions and rectifications they may meet with. I think I see the valiant and gallant soldiery either sent to learn the plantation trade abrcmd, or at home petitioning for a small subsistence, as a rcward of their honourable exploits ; while their old corps are broken, the common soldiers left to be<:, and the vounirest Entr- hsh corps ke]-)t standmg. I think 1 see the honest industrious tradesman loaded Mith new taxes and impositions, disappointed of the equivalents, drinking water in place of ale, eating his saltless pottage, petitioning for encouragement to his manufactures, and answered by counter petitions. Ii\ short, I think I see the laborious plougliman, with his corn spoiling upon his hands, for Mant of sale, curs- ing the day of his birth, dreading the expence of his bu- rial, aiul uncertain Avhcther to many or do Avorse. I tliink I see the incurable difficulties of the landed men, fettered under tiie golden chain of equivalents, their pretty daughters petitionir.g for want of iiusbands^ and their sons for want of employment. 1 tiiink I soc our mariners delivering u}) their ships to their Dutch ])artners, and what through presses and: iK^cessity, earning their bread as underlings in the roval English Uiivv. ]jut al)Ove ail, my lord, I think I see our ancient mother Caledonia, like Ca-sar, sittin. 170().] LORD BKLIIAVEX-. 2o | Arc not these, my lord, very afflicting; thou^lits ? Ancl yet they are but the least part suggested to nic by tkese dishonourable articles. Should not the consideration of these things vivity these dry bones of ours ? Should not the memory of our noble predecessors' valour and con- stancy rouse up our drooping spirits ? Arc our noble predecessors' souls got so far into the I'.nglish cabbage- stalk, and cauliflowers, that we should shew the least inclination that way? Are our eyes so blinded, are our ears so deafened, arc our hearts so hardened, are our tongues so faltered, are our hands so fettered, that in this our day, I say, my lord, in this our day, we should not mind the things tliat concern the very being, and well being of our ancient kingdom, tefore the day be hid from our eyes ? I design not at this time to enter into the merits of any one particular article. I intend this discourse as an introduction to what I may afterwards say upon the whole debate, as it falls hi before this hcmourable house; and therefore, in the farther {)rosecution of Avhat I have to sav, I shall insist upon, a few particulars, verv neces- sary to be understood before we enter into the detail of so im{)ortant a matter. T shall therefore, in the first place, endeavour to en- courage a free and full deliberation, without animosities and heats. In the next place, I shall endeavoiu' to uiake an inquiry into tiic natiuT and source of the unnatural and dangerous divisions that are now on foot within this isle, witli some motives shewing that it is our interest to lay them aside at this time. 'J'hcn I shall inquire into the reasons which have induced the two nations to enter into a treaty of imion at this time, with some consider- ations and meditations with relation to the behaviour of the lords comuiissiuners of the two kingdoms in tlie management of this great concern. And lastlv, I shall propose a method, by which we shall most distinctlv, and without confusion, go through the several iutlcles of this treaty, withul unnecessury repetitions or loss of 25:^ tORD EELIIAVEN. [a. D. 170^:, time. And all this with all deference, and under the correction of this honourable house. My lord chancellor J the greatest honour that was done unto a Konian, was to allow him tiie glorv of a triumph ; the gi-eatest and most dishonom'able })unish- ment was that of parricide. He that ^as guilty of parricide ^vas beaten with rods upon his naked body, till the blood gushed out of all the veins of his body ; then he was sewed up in a leathern sack called a cultiis^ M'ith a cock, a viper, and an q^e, and thrown headlong into the sea. My lord, patricide is a greater crime tlian parricide, all the world over. ' In a triumph, my lord, when the conqueror was riding in his trill mplial chariot, crowned with laurels, adorned with trophies, and applauded with huzzas ! there was a monitor appointed to stand behind him, to Mam him not to be hiiih minded, nor puffed up with over weening thoughts of himself; and to his chariot were tied a ^vhip and a bell, to remind him that for all his glory and gran- deur, he was accountable to tiie people for his adminis- tration, and would be punished, as other men, if found guilty. The greatest honour amongst us, my lord, is to re- present the sovereign's sacred person in parliament; and in one particular it appears to be greater than that of a trium})li, because the whole legislative power seems to be wholly entrusted with him. If he give the royal assent to an act of the estates, it becomes a law obli- gatory upon th*e subject, thougli contrary or without any instructions from the sovereign. If lie refuse the royal assent to a vote in parliament, it cannot be a law, though he has the, sovereign's particular and positive in- striictions for it. His grace the duke of Quecnsbury, who now repre- sents her muiestv in this session of parliament, hath had the honour of that great trust as oflen, if not more, than any Scotchman ever hud. He hath been the favourite A. D. 170^.] LORb BELHAVt^^ 555 of two successive sovereigns, and I cannot but com- mend his constancy and perseverance, that notuitli- standing his former difficulties and unsuccessful at- tempts, and maugre some otlier specialties not yet de- termined, that his grace has yet had the resolution to undertake the most unpopular measures last. If his giace succeed in this affair of an union., and that it prove for the happiness and welfare of the nation, ther he justly merits to iiave a statue of gold erected for himself ; but if it shall tend to the entire destniction and abolition of our nation, and that ^^e, the nation's trustees, will go into it, then I must say, that a Avhip and a bell, a cock, and a viper, and an ape, are but too small punishments for any such bold unnatural under- taking and complaisance. That 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 house?, that we are the successors of our noble prede- cessors who founded our monarchy, framed our laws, amended, altcTcd, and corrected them from time to time, as the affairs and circumstances of the nation did require, wifhout the assistance or advice of any foreign power or potentate ; and who, during the time of *JCO{> T^ears, have handed them down to us a free indepcndert nation, with the iiazard of their l-'ves and fe most trivial afl'airs ; and it will always piove so, ^\hile we come not to tire right understanding of tiie oath de/u/cli, whereby we are bound not only to give our vote but our faithful advice in parliament, as Yve sliould answer to God : and in our ancient laws, the representatives of the honourable barons and the royal boroughs are termed sjiokesmen. It lies upon vour lordships, therefore, particularly to take notice of such, whose modesty makes them bashful to speak. There- fore, I shall leave it upon you, and conclude this point with a very memorable saying of an honest private gen- tleman to a great queen, upon occasion of a state pro- ject, contrived by an able statesman and the favourite to a great king, against a peaceful obedient people, be- cause of the diversity of their laws and constitutions : " If at this Ume thou hold thy peace, salvation shall come to the peo})le from another place ; hut thou and thy house shall perish." I leave the application to each particular member of this house. ^Iv lord, I come now to consider our divisions. AVc are 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 our most excellent queen, there should be sucii divisions and factions, more dangerous and threat- ning to her dominions than if we were under an arbi- trarv jiovernment, is most strange and unaccountai)le. Under an arbitrary prince all are willing to serve, liccHUse all are under a necessity to obey, whether thev will or not. He chooses therefore Avhom he V, ill, without respect to either parties or factions; and if he think tit to take the advices of his councils or parliaments, every man sj)eaks his mind freely, and the ])rince receives the faithful advice of his people, witiiout the mixture of self designs : if he pro\ e a good prince. A.l>. 1706.] LORD BELHAVE>r. ^65 the government is easy ; if bad, either deatli or a revo- lution brings a deliverance : whereas here, nw lord, there appears no end oi" our misery, if not prevented in time. Factions are now become independent, and have got footing in councils, in parliaments, in treaties, in armies, in incorporations, in families, among kin- dred ; yea, man and wife are not free from their poli- tical jars. It remains, therefore, my lord, that I enquire into the nature of these things , and since the names give us not the right idea of the thing, 1 am afraid I shall have difficulty to make myself well understood. The names generally used to denote the factions, arc whig and tory ; as obscure as that of guelfs and gibe- lins ; yea, my lord, they have different significations, as they are applied to factions in each kingdom. A whig in England is a heterogeneous creature : in Scotland he is all of a piece. A tory in flngland is all of a piece, and a statesman : in Scotland he is quite otlier- wise ; an anticourtier and antistatesman. A \s big in l^ngiand appears to be somewhat like Ne- buchadnezzar's image, of different metals, different classes, different principles, and different designs ; yc^t take them altogether, they are like a piece of some mixed drugget of different threads; some finer, some coarser, which after all make a comely appearance, and an agreeable suit. Tory is like a piece of loyal (lome made English cloth, the true staple of the nation, all of a thread i yet if we look narrowly hito it, we >hall perceive a diversity of coloursy which, according to the various situations and positions, make various appearau'-es. Sometimes tory is like the moon in its full ; as appeared in the affair of tlie bill of occasional conforuu'tv. I pon oth'jr occasions, it appears to b(' under a cloud, and as if it were eclipsed by a greater body ; as it did in the design of calling over the illus- irious princess Sophia: however, bv this we may see their designs are to outsiioot whiu; in liis own l^ow. 25^ tbiib BELHAVEJf. [A.b. 170(5. "Whig, in Scotlanid, is a true blue presbyteiiah, vhoj without considering time or po^\ cr, Avill venture his all for the kirk, but something less for the state. Th^ greatest difficulty is how to describe a Scots tory. Of old, when I knew them first, tory was an honest hearted coinradish fellow, \\ ho, provided he was maintained and protected in his benefices, titles, ,and dignities, by the state, he ^as the less anxious who had the government and management of the cliurch ; but now, w hat he is since Jirre dhino came in fashion, and that Christianity, and by consequence salvation, cornes to depend upon rpiscopal ordination, I profess I know not what to make of him ; only this I must say for him, tliat he endeavours to do by opposition, that which his brother in England endeavours by a more prudent and less scrupulous me- thod. Now, my lord, fi:*om these divisions, there has got up a kind of aristocracy, something like the famous tri- umvirate at Rome : thev are a kind of undertakers and pragmatic statesmen, who, finding their power and strength great, and answerable to their designs, ^\\\\ make banjiiins \\\\h our 2;racious sovereign; thev Mill serve her faithfully, but upon their own terms ; they must have their own instruments, their o^^'n measures ; this man must be turned out, and that man put in, and then they "wiil make her the most glorious queen in Europe. M'hcre V ill this end, my lord r Is not her majesty in danger by such a method ? Is not the monarchy in tlan- irer? Is not the nation's peace and tran(juillitY in dan- ger? AV'ill a change of parties make the nation more happv? No, my lord. The seed is sown, that is like to af- U,vf.{ lis a perpetual increase: its not an annual herb, it tiikc? deep root-, it seeds and breeds, and if not timely prevented by her majesty's royal endeavours, will split the whole island in two. My lord, I think, considering our present circum- stances at this time. tliU Almighty God lias reserved A.D. 1706.] LORD BELIIAVN^. ' Q57 this great work for us. We may bruise this hydra of di- vision, and crush this cockatrice's egg. Our neighbours in England are not yet fitted for any such thing ; they are not under the afflicting hand of pravidence, as we are -, their circumstances are great and glorious ; their trea- ties are prudently managed, both at home and abroad ; their generals brave and valorous, tlieir armies success- ful and victorious; their trophies and laurels memorable' and surprising; their enemies subdued and routed, their strong holds besieged and taken ; sieges relieved^ mar- shals killed and taken prisoners ; provinces and kmgdoms are the results of their victories ; their royal navy is tiie terror of Europe; tlieir trade and commerce extended through the universe, encircling the whole habitable world, and rendering their own capital city the empori- mn for the whole inhabitants of the earth : and wliich 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, mv lord, how hard and difficult a thing will it prove to persuade our neighbours to a self-denying bill. 'Tis quite otherwise with us, my lord, as we are an obscure poor people, though formerly of better account, removed to a distant corner of tiie \\ orld, without name, and without alliances : our posts mean and precarious ; so that I p''ofcss I dont think any one post in the king- doui worth the brij^uing after*, save that of beiuij com- missioner to a long session of a factious Scots parlia- ment, with an antedated commission, and that yet ren- ders the rest of the ministers more miserable. "Wliat hinders us, then, my lord, to lay aside our divisions, Seeking for. VOL. I. .N 258 LORD BELHAVLN. [a.X>. 17CKJ. 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 the length of this table He is at the foot of the throne, lie will demolish the throne, if Ave take not notice. He will seize upon these regalia. He will take them as our spolia opima, and tvhip us out of this house, never to return again. For the love of God, then, my Lord, for 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 the peace makers. We want neither men, nor sufficiency of all manner of things necessary to make a nation happy. All depends upon management ; Concor- dia I'es parxce crcscunt. 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. Bygones be Bygones, and fair play for tim.e to come. For my part, in the sight of Gocl, 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, that his grace, my lord commissioner, may appoint an agape, nuiv order a love feast for this honourable house, that we may lay aside all self designs, and after our fasts and humiliations, may have a day of rejoicing and thankfulness ; may cat our meat \\\\h gladness, and our bread with a merry heart : then shall we sit each man under his own fig-tree, and the voice of the turtle shall be heard in our land, a bird famous for constancy and fidelitv. A. D. 1714.] GEORGE u 259 GEORGE I. Was the son of the Elector of Hanover, by Sophia, grand-dangh- ter of James I. He was born in 1660, and succeeded queen Anne, in 1714. He died suddenly, abroad, m 1727. He talks of the throne of his ancestors with a pious simplicity. The King's Speech on his Accession. My Lords and Gentlemen, This being the first opportunity that I have had of meeting my people in parliament, since it pleased Al- mighty God, of his good providence, to call me to tiie throne of my ancestors ; I most gladly make use of it to thank my faithful and loving subjects, for the zeal and firmness that hath been shewn in defence of the protes- tant succession, against all the open and secret practices that have been used to defeat itj and I sliall never for- get the obligations I have to those who have distinguish- ed themselves upon this occasion. It were to be wished that the unparalleled successes of a war, which w as so wisely and chearfully supported by this nation, in order to procure a good peace, liad been attended with a suitable conclusion. But it is with con- cern I must tell you, that some conditions, even of tliis peace, essential. to tlie security and trade of Great Bri- tain, are not yet duly executed^ and the performance of tlie whole may be looked upon as precarious, until we shall have formed defensive alliances to guaranty the present treaties. The pretender, who still resides in Lorrain, threatens to disturb us, and boasts of the assistance which he still expects here, to repair his former disappointments. 2<>Q GEOftOt; I- [a. p, 1714k A great part of our trade is rendered impracticable ; this, if not retrieved, must destroy our manufactories, and ruin our navigation. The public debts are veiy great, and surprisingly in- creased ever since the fatal cessation of arms. My first care was to prevent a farther increase of these debts, by paying off fortliwith a gix?at number of sliips, which had been kept in pay, when there was no occasion for con- tinuing such an expence. Gentlemen of the house of commons, I rely upon you for such supplies as the present circumstances of our affairs require for this year's service, and for the support of the public faith. The estimates shall be laid before you, that you may consider gf' them ; and what you shall judge necessary for your safety, I shall think sutHcient for mine. I doubt not but you will concur with mc in opinion, that nothing can contribute more to the support of the credit of the nation, than a strict observance of all par- liamentary' engagements. The branches of the revenue formerly granted for tlic support of the civil government, ai^e so far incumbered and alienated, that the produce of the funds which re- main, and have been granted to me, will fall much sliort of wliat ^vas at fu'st designed for maintaining the lionour and dignity of the crown ; and since it is my happiness (as I am confident you think it yours) to see a prince of Wales, who may in due time succeed me on the throne, and to see him blessed with many chil firen, the best and most valuable pledges of our car^* and concern for your prosperity, this njust occasion an expence to wliicli the nation lias not of many years }>een accustomed, but such as surely no man will grudge ; and therefore I do not doubt but you will think of it witii that affection which I have reason to hope from you. Mv lords and gentlemen, The eyes of all Europe are upon you, waiting the issuw of this iirst session. Let A. D. 1715.] EARL OF ^XFOKD. 26 1 no unhappy divisions of parties here at home, 'diverf you from pursuing the common interest of your coun- try. Let no wicked insinuations disquiet the minds of my subjects. I1ie established constitution in church and state shall be the rule of my government. The' hapj)iness, ease, and prosperity of my people, shall he the chief care of my life. Those Avho assist me in car- rying on these measures, I shall always esteem mv best friends : and I doubt not but that I shall be able, witfi your assistance, to disapj)oint the designs of those who would deprive me of that blessing which I most value, the affections of my people. V!! ROBERT HARLEY, (Eldest Son of Sir Edward Uarlei/, and nftericards Earl of Orford,) Was born \6G\, and died 1724. His politics in the latter part of the reign of queen Anne, rendered him obnoxioirs in the succeed- ing reign; .and in 1715, he was accused of high-treason, but was ut length acquitted. He was the friend of Swift. The Earl of O.iforcfs Defence before the House of Lords. ]\Iy Lords, It is a very great misfortune for any man to fall under the displeasure of so great and powerful a body as the commons of Great Ihitain : and this misfortune is tlic heavier upon nie, because I had the honour to be placed at the head of the late ministry, and must now, it seems, be made accountable for all the measures that were then pursued ; but, on tlie other iiand, 'tis a very great comfort to me imder this misfortune, that 1 have tlie honour to be a member of this august assemblv, an 262 ' DARL OF OXFORD. [a. D. 1715. assembly which always squares their proceedings and judgments by the rules of 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 the fatigue of this long sitting, I shall contract what 1 have to say in a narrow compass. This ^hole accusation may, 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 reluctancy which some of the 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 tM o successive parliaments : it is, indeed, suggested against this peace, that it was i\ separate one ; but I hope, my lords, it will be niade ap- pear that it M as 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, which is made a ca- pital charge, I can safely aver, that I had no manner of share in it. and that the same was Avholly transacted by that unfortunate nobleman, who thought fit to step aside : but I dare say in his behalf, that if this charge could be proved, it m ould not amount to treason. For my own part, as I always acted by the innnediate dir- rections and commands of the late queen, and never ot^ fended against any known law, I am justified in my own conscience, and unconcerned for the life of an insignifi-r c tnt old man ; but 1 cannot, without the hiiihest inj>ectable speaker. The following ad- dress contains a sort of summary of the politics of the day, imd "gathers up tlie '' threads of shrewd and politic design" tlutt were snapped short at tlie e'nd of the preceding reign. The speakers Address to the Throne. Most Crracious So\( reign, Your majesty's most dutiful and loyal subjects, tl.c knights, citizens, and l)urii;rsscs, hi jvarliament assembled. 264 SIR THOMAS HANMER. [a.D. 1715. have now finished the supplies granted to your majesty for the service of this present year. Your commons had much sooner offered these supplies to your majesty, had not their zeal for your majesty's sendee, and tlie duty tliey owe to their country, led them into inquiries which have drawn this session to an unusual length. But your commons could not see Avithout the utmost indignation, the glories of her lato majesty's reign tarnish- ed by a treacherous cessation of arms, the faith of treaties violated, that ancient probity for which the Eng- lish nation had been justly renowned throughout all ages, exposed to scorn and contempt, and the trade of the 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 kingdom, when it pleased the divine providence to call your majesty to the throne of your ancestors ; under whose auspicious reign vour commons with pleasure behold the glories of the Plantagenets (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. And that nothing might be wanting on tlic part of your commons to establish your majesty's throne 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 eonfidence between this kingdom and its ancient and fiiithful allies, by detecting the authors of these pernicious counsels, and the actors in these treacherous designs, in order to bring them to justice by tlie judgment of their peers, ac- cording to the law of the land and the usage of parlia- 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; but despair- A. D. 1715.] SIR TIIOMA? IIANMER. 26d ing of any success in the representative body of the king- dom, they fomented tninults among the dregs of the people at liome, 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 unanhnous concurrence in granting such supplies as were suilicient to disappoint tlic one, and by their passing such laws as were neccessary to suppress tlie other ; and in every respect to express their abhorrence of a popish pretender, concerning whom notliing 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 the })roviding maintenance for the minis- ters who are to officiate in the new churches. 'J'iiis vour commons readily complied with, trusting that the prayers there offered to the Almighty will bring down a ble>ising on all your njajesty's undertakings ; and not doubting but that the doctrines there taught m ill be a means to secure the quiet of your kingdoms and the obedience of your people. The revenue set apart for the uses of the civil govern- ment your commons found so much entangled ^\ith mortgages and/ anticipations, that w hat remained was far from being sufhcient to support the honour and dignity of the crown. 'I'his, your commons took into serious con- sideration ; and being truly sensil)le that on your majes- ty's greatness the hajipiness of your subjects entirely de- pends, they have put the ci\il revenues into the same state in which they were granted to your majestvs glori- ous predecessor king \\ illiam, ofinmiortal memory, and thereby enabled your majesty to make an ample pro- vision for the prince of Wales, whose heroic virtues are the best security of your majesty's throne, as his othrr personal endowments are the joy of all your faithful gubjects. I should but ill discharge the Iru-t rcjoscd in me by 266 SIR RICHARD STEELE. [a. D. 17l6. the commons, did I not lay before your majesty \vith what cheeii\ihiess they received voiir majesty's gracious intentions for her 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 admij'ation of all future generations. SIR RICHARD STEELE, Was born at Dublin, though the year in which he was born is not known, and died in 172.9. He was member for Bcroughbridge in Yorkshire. I have made the following extract less for the sake of the speech than the speaker ; for I could not pass by the name of an author to whom we owe two of the most delightful books that ever were written, the Spectator and Tatlex. As a party man, he was a most furious whig. I\Ir. Speaker, It is evident that new chosen annual parliaments w ere never the custom or right of this kingdom ; it remains therefore only to consider noAv that there is a law w hich makes parliaments meet, as of course, at such a stated time, whether the jieriod of three years has answered the purposes intended by it ? I'he preamble to the triennial act c\pres.ses that it was introduced into the constitution for the better union and agreement of the king and his people ; but it has had a quite contrary effect : and ex- perience has verified what a great man (meaning the late earl of Sunderland) said of it when it was enacted: " That it had made a triennial king, a triennial ministry, a tri- ennial alliance." "We feel this in all occurrences of state ; and they who look upon us from abroad behold tlie stnigizle in which we are necessarily engaged from time to time under this law : ever since it has been enacted A. D. 1716'.] SIR RICHARD STF.ELE. 2()7 the nation has been in a series of contentions. The first year of a triennial parliament has been spent in vindictive decisions, and animosities about the late elections , the second session has entered into business, but rather with a spirit of contradiction to what the prevailing set of men in former parliaments had brought to pass, than of a dis- interested zeal for the common wood. The third session languished in the pursuit of what little w as intended to be done in the second, and tiie approach of an ensuing election teirified the members into a servile manage- ment, according as their respective principals were dis- posed towards tlie question before them in the house. Thus the state of England has been like that of a vessel in distress at sea ; the ]>ilot and mariners ha\e })een wholly employed in keepiug the ship from sinking; the art of navigation was useless, and tliey never pre- tended to make sail. It is objected, That tlie alteration proposed is a breach of trust : The trust, sir, reposed in us is that of the public good, tiie king, lords, and com- mons, are the parties m ho exercise this trust ; and when the king, lords, and commons exercise this trust by the measure of the common good, they discharge themselves as well in the altering and repealing, as in the nuiking or confirming laws. The period of tin c in this case is a subordinate consideration, and tliose gentlemen who arc against the alteration, speak in too pompous a styic when they tell us we are breaking into the constitiitirm. It has been farther objected, that all this is only giving great power to the mii.isters, who may mal:e an arbitrary use of it. I'he ministers are indeed like otlicr men, from the infirmity of human nature, hable to be made worse by power and authority ; l>ut tins act gives no addition to that authority itself, though it may possihlv prolong the exercise of it in tlicin. 'ihey are nevertbt - less responsible ior their acti ns to a parhament, and the mode of enjoying tiieir offices is exactly tlie same. Now when the thinii is thus, and thalth:^ period of three years is found, from infallible expcaer.ce, itself a period that 268 SIR THOJIAS HAXMER, [a. D. 1717. can afford us no good, vhere shall we rest? The ills that are to be done against single persons or communi- ties, are done by surprise, and on a sudden ; but good tilings 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 v\ hich can be wrought under the septennial act, can be perpetrated under the triennial ; but all the good which niay be compassed under tlie 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 disal)ility of doing us good. P'or these considerations I am unreservedly for the bill. SIR THOMAS IIANMER*. If this speech does not contain good sound English sense, I do not know where we shall look for it. 'Jf/s S])ecch on the Reduction of the Army. Mr. Speaker, I CANXOT forl)car troubling you with a few words upon the subject, though I can neither flatter myself with the hopes of convincing any one, nor pretend to be able to offer any tiling to your consideration Mhich has not in a better manner been urged already. But I am truly concerned for the njischiefs which I think we are giving wav to ; and if I cannot prevent tiiem, it will be a satis- faction to me at least to protest against them. All iicntlemen who have spoke in this debate, have for all their different opinions agreed in one thing, to press very much the argument of danger ; and the only ques- tion is, on M hich side tiie danger lies ; whether to the go- vernment without 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. See page l.'6'3. A. D. 1717.] SIR THOMAS HANMER. 269 As to the dangers which threaten the government, I think I am not willing to overlook them. But I hope we may be excused if we cannot be convinced of dangers which no man that I hear pretends to explain to us. Abroad, the state and circumstances of Europe happen to be such, that 1 tliink it is hard to suppose a time pos- sible when tlicrc shall be less appearance of appre- liension of any immediate disturbance to this kingdom, 'ilie three great po\vers, those w hich arc most consider- able in themselves, and of nearest concern to us, I mean the Empire, France, and Holland, are so lar from being at enmity with us, that they are all of them our fast friends and allies at least ; we are told so, and hear very often a great deal of boasting ujwn that subject whenever the administrdtion of the government is to be extolled, and the merits of it are to be set forth to us. Upon those occasions we hear of nothing but the wise and usefid treaties wlwch have been made ; the great influ- ence which \^ have acquired in foreign coiuts and coun- cils, and the solid foundations whicli are laid for our security. But when in consequence of these great things we come to talk of inducing forces, then I observe tlie language is quite turned the other way; then we are in the weakest and most insecure condition imaginable ; there is no dependence upon any thing, and we must even be tiiouMit disatiected to the "'overnnient if we w ill not believe that we are suiTounded on all sides with the greatest danijers. But m tlie midst of these contrarieties and contradic- tions, I think we need not be at any loss w hat 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 stale, and to debate upon the different views imd interests and intrigues of ioreign courts ; what jealousies are among tliem, and wliat treaties a^e on foot to reconcile them. If we take 270 SIR THOMAS HANMER. [a. D. 1717. such things into our consideration, to guide us in ques- tions concerning our oivn guards and garrisons here at 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 tliem we must be content to receive w hatsoever account they think fit to give us of tliem. But tlie only tiling proper for us to look to is, what is plain and obvi-, ouis to the sense of all mankind ; I mean, whether it is a time of present peace. There need no refinements of poUtics 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. I say there has hitherto been no precedent 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 privileges. 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 of all protection against any sudden danger that may arise ; no, sir, providence has given us ttie best protection, if we do not foolishly throw awav the benefit of it. Our situation is our na- tural protection ; our fleet is our protection ; and if we could ever be so happy as to see it rightly pursued, a good aureement betwixt the king and people, uniting and actiiiLj; together in one national interest, would be such- a protection as none of our enemies would ever ho}>e to break through. It is a melancholy thin^ to me to hear any other notions of government advanced here, and that his majestv, either from his private or his general council, should ever upon this subject have any thing in- culcated in him but this great truth : That the true and only support of an English prince does, and ought to con- A. D. 1717.] SIR THOMAS HANMER, 271 sist, in the aftections of his people. It is thai should strengthen iiis hands, it is that should <2;ive him credit and authority in tlie eyes of other nations ; ami to think of doing it by keeping a number of land ibrces here at home, such a number as can have any awe or influence over the great po.vers on the continent, is, I think, one of the wildest imaginations that ever entered! into the heart of man. The only strength of this nation must always consist in tlic riches of it ; riches must be the fi'uits of public liberty, and the people can neitiier acquire riches, nor the king have the use of them, hut by a government founded in their inclinations and affections. If this be true, then of consequence it follows, that whoever advises his majesty to aim at any additional security to himself, fi'om a standing army, instead of in- creasing liis strength docs really diminish it, and under- mine his true support, by robbing him of the hearts of his subjects. For this I take for granted, that as there are but two ways of governing, the one by force, and the other by the affections of the people governed, it is im- possible for any prince to have them both ; he must choose which of the two he will stick to, but he can have but one. If he is master of their affections, he stands in no need ot force ; and if he will make use of force, it is in vain for him to expect their affections. For it is not in nature, and it can never be brought to pass, that men can love a government under w hich they are loaded with hc-avy taxes, and pay a considerable part of their estates to maintain an army which insults them in the possession of the rest, and can turn them out of the whole whenever they please. AVith submission, therefore, the argument is taken by the wrong end when it is said, there are great animosi- ties in the kin;.;doni ; the people are disaffected; and upon tbM uccount there is a necessity of keeping up an army. It concludes nmch righter the otlier way; that is, dismiss your army, and give no otlier cause of suspicion that any part of the conbtitution is to be invaded, and 272 SIR THOMAS HAN iMER. [a.D. 1717. the peoj)le will be well affected. Upon any other foot than this, what minister would ever care whether he does rio-ht or wrong ? It is not his concern whether the peoj)le are easy or uneasy ; his army is his dependence : Nay, and the more by his wicked councils he exasperates and enrages die people, the stronger he maizes his pre tence for maintaining and increasing that army wliich supports him. What I have said, I confess, goes upon a supposition that the numbers contained in the estimate, and in the question before you, do make an army foniiidable enough, and able to enslave this nation ; of which indeed there remains no doubt with me. In the manner those forces are constituted, I think a prince who would wish 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, otlier gen- tlemen iiave so fully explained, and I believe it so gene- rally understood, that it will be needless for me to dwell upon it J but the short of the case is this ; that out of thirty-tAvo thousand men, thirteen regiments only have been disbanded, which do not amount to more than five' or six thousand, besides a few invalids, which were taken Irom the establishment of the army and put upon tlie establishment of the hospital ; so that there are the corps now subsisting of more than twenty-five-thousand men, which corps may be filled up to their entire com- plement whensoever th,e government pleases, and that e\qn without any nois*e or notice taken. For the case is very ditl'cient in that respect, where the regiments are few, and those kept complete ; there, if the numbers al- lowed bv act of parliament are exceeded, it must be by raising new regiments, which is easily seen and known ; but where the corps are kept up witli only a few men in them, and some recruits will always be necessary for them, thhould hold it still bv the same tenure : their estates, their live-^, and their liberties, tlicy have hitherto possessed as their right-^, and it would be a very great and sad change, VOL. [. X 274 SIR aOBtRT -WALPOLE. [a.d. 1719- and such as shall never have my consent along \\ ith it, to make them only tenant* at will for them. MR. (afterwards SIR) ROBERT WALPOLE, Was born at Houghton, in Norfolk, in 16/4, and died 1745. In 1700, he was chosen member of parliament for Lynn. In 1 705, ' he was appointed secretary at war ; and in 1 709, treasurer of the navy ; but, on the change of ministers, he was voted guilty of corruption, and expelled the house. The whig party strenuously supported him ; and he was re-elected for Lynn, though the elec- tion was declared, void. At the accession of George 1. he was made paymaster of the forces ; but two years after he resigned, and joined the opposition. Another change taking place in 17-5, he took the lead in administration, being chosen first lord of the treasury, and chancellor of the exchequer. He main- tained himself ii) this situation till 1742, when he resigned, and was created carl of Oxford, with a pension of 4,000/. a year. Sir Robert JFalpole Endeavoured to confiite all that had been offered in favour 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 there was no coming to the former, without going through the other ; but that if this bill passed into a la^^, one of the most powerful incentives to virtue ^vould be taken awav, since there would be no comini: to honour, but through the w inding 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 this nature should either have been projected, or at least promoted, by a gentleman \\ ho, not long ago, sate amongst them, (meaning lord Stanhope,) and who having got into the house of peers, would now shut up the door after him : tlial this bill would not only be a discouragement to ' A r>ill to limit tlie number of Peer?. A. i>. 1719.] SIR ROBERT WALPOtE. 275 virtue and merit, but also endanger our excellent con- stitution ; for as there was a due balance between the three branches ol' the leii;islatiu*c, if any more weight were thrown into any one of those branches, it would destroy tfiat balance, and consequently subvert the whole constitution : that the peers were already possessed o^' rriany valuable privileges, and to give theui more power and authority, by limiting their number, would, in time, bring back the commons into the state of the servile depen(lency they were in when they wore the badges of the lords ; that he could not but \\ ohder, that tiie lords would send siich a bill to the commons : for ho'A could they expect that the commons would give their concurrence to so injurious a law^ by which they and their posterities are to be excluded from the peer- a<;e ? 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 Scotland, would be a manifest viola- tion of the act of union, on the part of England, and a dishonourable breach of trust, in those who repre- sented the Scots nobility ; that such an irrhingement of the union would endanger the entire dissolution of it, by disgusting so great a number of tlie Scots peers as should be excluded from sitting in the British parlia- ment ; for as it was well known, that the revolution set- tlement stood upon the principle of a mutual compact, if we should iirst break the articles of union, it ^vould be natural for the Scots to think themselves thereby freed from all allegiance ; and as for w }at had been Suggested, that the election of the sixteen Scots peers was no less exj^ensive to the crown, than injurious to the peerage of Scothuitl ; it might be ans\vered, that the makinu' twentv-five hereditary sittino; Scots peers, would stili increase tiie discontents of the electinrv peers, w jio thereby would be cut olf from a valuable con-i- deratioi"^ lc>r not bein^; chosen. T ^\ '^7(y BISHOP OF ROCHfiSTER. [a.D.1723. PBANCIS AWERBURr, (Bishop of Rochester i) li.*/-/ Was ^orn in 1 662. His , eloquence brought him eai-ly into notice. His political principles were ^ery violent, and engaged him in several controversies. He assisted Dr. Sacheverel in drawing up his defence. When the rebellion broke out in 1715, he and bishop Smalridge refused to sign the Declaration of the bishops ; and m 1722 he was apprehended and committed to the Tower, 011 suspicion of being concerned in some plot to bring in the Pre- tender. He was sentenced to be banished for life, and left the kingdom in 1723- He died at Paris in 1732. He is now chiefly remembered as an elegant writer, and as the intimate friend of Pope and Swift. I'he following is the conclusion of his defence before the house of lords. I SHALL now consider the improbability, as well as in- consistencv of the char2;e brought aojainst ine witiioiit positive proot^ You will allow me to answer the indict- ment in the same manner as it is laid. Is it probable, that if I were engaged in any such de- sign, no footsteps should be seen of any correspondence I had with the late duke of Ormond, to whom, of all persons abroad, I Mas best known, and to whom I had the greatest regard, and still have all the regard that is consistent with my duty to my kingand country } Is it probable that I would chuse rather to engage in such a design with Mr. Dillon, a military man I never saM', and with the earl of Mar, ^^'hom I never conversed w ith, except when he was secretary of state ? Did I not know^ what all the world thinks, that he liad left the pretender several years, and had a pension abroad ? Is this a season for me to enter into conferences with liim about restoring the pretender ? and to do this not by messages, but by letters, not sent by messengers, A. D. 1723.] BISHOP OF R6CHESTKR. 1?77 but by the common post ? That by thus writing to him by tlie post, I should advise liim after the same manner to write to me ; and by these means furnish opportunities towards detecting the persons and bringing myself into danger ? How doth tliat consist with the caution and secrecy which are said to belong to me ? Must not I have been rash to have laid myself open in such a manner? This is an inconsistent scheme, the other a bold assertion. Is it probable, when attending the sick bed of my wife, and expecting her deatii, not daily, but hourly, that 1 should enter into negociations of this kind ? There was no need of dispatching any of those three letters, merely to excuse my not writing : the circum- stances of my family had been a sufficient apology, and more effectual. Is it probable, that when I was carrying on public buildings of various kinds at Westminster, and l^romley, consulting all the books from the Westminster Founda- tion, engaging 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 con- denm me without arjrument. Is it probable, that I should meet and consult, in order to carry on and foruard tliis correspondence, with no body, and no where ? 'J hat I, '\\ho always liv^ed at home, and except at dinner time never stirred out of my chamber, received all persons that visited inc, and ^\ as denied to none, sliould have an opj)ortnnitv to be so engaged ? And if I had, that none of mv donieslics and friends should ever observe any ajipcarance of any such thing ? No evi- dence among my paj)ers, tl'ough they were all seized at botii my houses, and confmhig all my servants i)ut one, for about ten or eleven weeks, seavciiing him twice in the tower, and seaiching myself, nothing of consequence appears, nor is there any one living witness that cliarges nie w'ilh auv thiui^that is rcallv true. 27$ BISHOP OF ROCHESTER.. [a. 15.1753 Is it probable that 1 should form and direct a conspi- racy, and carry it on with any success, that am not used to arms, which I am no more acquainted with, than with the persons employed on those occasions .'' My way of Jife liath not led nie to converse witli such men and such matters, except on the occasion of meeting in parlia- ment ; but in a council of war I never was. Have I yet in any instance of my life meddled remarkably out of my own sphere, in affairs foreign to my business or charac- ter ? I might have been thought to have been too active in my proper station and business ; but I was never charged with war, nor any ways informed in the art of it." Is it proper, that persons concerned in such military scheme, (if any such be formed by men of the sword that apply to such business) should be punished witiiout any proof ? And must I, whose way of life is set at the great- est distance from such persons, and from the very suspicion of being concerned with them, sutTer all the pains and penalties, short of death, which the parliament can inflict for a supposed I know iiot what, and what I don't to this day apprehend ? Plere is a plot of a year or two standing, to subvert the government Avith an armed force ; an invasion from abroad ; an insurrection at home ; just when ripe for execution it is discovered ; and twelve months after the contrivance of this scheme, no consultation appears, no men corresponding together, no provision of money, arms J or officers not a nran m arms and yet tlie poor bishop hath done all this. Layer and Plunkct carry on a treasonable correspon- dence, they go to Roaie and receive directions from the pretender himself, to promote his cause it doth no where appear that the bishop has the least share in, or is any way privy to, their practices ; and yet the bishop has done all; he is principal/t/ coiiccnicd in formings dlrect- iiig, and carni'ing on this detestable conspiracy. A. D. 1723.] BISHOP OF Rochester. 279 What could tempt irie to step thus out of my way ? Was it ambition and a desire of climbinii into a hiijher station m the church ? There is not a man in mv office farther removed from this than I am ; I have a Imndred times said, and sincerely resolved, I/cr, condemn a man on a charge of accumulated and constructive treason. They did so in the case of the great lord Stralford, anil that by accumulated and constructive proof of such treason , that is, by such proofs so well interpreted, as plainly to. communicate light and strength to (^ach ottier, and so to have all the force, \\ ithout the tormality of evidence. Was >uch pn;of ever admitted by any ont> to deprive his fel- 284 BISHOP OF ROCHESTER. [A- D. 1723. lo\v subject of his fortune, of his estate, his friends, and country, and send him in his old age, without language or hope, without employment to get the necessaries of life, to starve .^ 1 say again, God forbid. 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. ikt where once such extraordinary steps as these are taken, and we depart from the fixed rules and forms of justice, and try untrodden paths, no man knows where tliis shall stop. 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 interest, and that of posterity. Tiiis is a proceeding with \a hich the constitution is not acquainted, which, under the pretence of supporting it, will at last effectually destroy it. For God's sake, lay aside these extraordinary proceed- ings ; set not up these new and dangerous precedents ;' I, for my part, will voluntarily and chearfully 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 ; and in the \A()rds of father Paul to the state of Venice, fcay, csto perpetua : It is not my departing from it I am concerned for ; let me depart, and let my country be fjxcd upon the immoveable foundation of law and justice, and stand for ever. I have, my lords, taken up much of your lordships' time ; yet 1 must beg your attention a little longer. Some part of my charge halh been disproved by direct and full evidence, particularly that of writing the letters of the 120th of April, or that 1 knew who wrote them, which 1 utterly deny that I ever did or as yet do know. (Jther parts of the charge there arc, which are not ca- A. D, 1723.] BISHOP OF ROCHESTtR. 28J pable of such disproof, nor indeed require it; there I rest. But, my lords, there is a way allowed of vindicating jny- self ; it is generally negative ; that is, by protesting and declaring my innocence to your lordships, in the most deliberate, serious, and soleitm manner j and appealing to God, the searcher of hearts, as to the truth of what I say, as I do it in what follows : I am charged in the re- port with directing a correspondence to Mr. Kelly ; but I solemnly deny that I ever, directly or indirectly, saw a single line of any of their letters until I met with them in print : nor was the contents of any of them communi- cated to me. I do, in the next place, deny that I was ever privy to any memorial to be drawn up to be deli- vered to the regent. Nor was I ever acquainted with any attempt to be made on the king's going to Hanover, or at the time of the election. Nor did I hetir the least rumour of the plot to take place after the breaking up of the camp, until some time after ]\Ir. Layer's commit- ment. I do with tlie same solemnity declare, that I ne- ver collected, remitted, received, or asked any money of any man, to facilitate these designs ; nor was I ever ac- (juainted with, or liad any remittances \\hatsocver from, any of those persons. 1 never drew up any declaration, minutes, or paper, in the name of the pretender, as is expressly charged u{)on me. And that I never knew of any commission issued, preparation of arms, officers, or soldiers, or the methods taken to })rocure any, in order to raise an insurrection in these kingdoms. All this I declare to be true, aud will so declare to the last gasp of my breath. And I am sure, the farther your lordships examine into this affair, the more you will l)e convinced of )ny in- nocency. These contain all tlie capital articles of which 1 am accused, in the report of the house of comiiions. Had the charge been as fully proved ns asrerlained, il ii.ad been vain to make protestations of mv innoeeucr, tliough never i-o solenm. But as the chartie is only supported bv tlie siiuh.trs* 28^ LORD feAfHuHst. [a. D. 17^3. probahilifics, and ^^ hicli catmot be disproved in any in- stance, without proving a negative ; allow the solemn as- severations of a man in behalf of his own innocence to have their due eight; and I hSk no more, than that they may have as much influence with your lordships as thejr have truth. ~; If on any accoimt there shall still be thought by yoin- lordsfiips to be any seeming strength in the pn)ofs against me : If by your lordships'judgments, springing frOm un- known motives, I shall be thought to be guilty : If for 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 mothers vtomb, and naked shall I return ; and whether he gives or takes awav, blessed be the name of the Lord. AI.LEN (afterwards LORD) BxlTHURST, (The Son of Sir Benjamin Bathurst,) Was born in l6si, and educated at 05:ford. In 1705 he was chosen member for Cirencester in Gloucestershire. lis joined the tory party, and was one of the opposers of NVal pole's ad- ministration. He was created a peer in I7n. He died in 1775, aged .91- Ih' lived on terms of the greatest intimacy with 8wift, Pope, and otlier literary men. He was one of the ablest speakers of the house of Lords ; and I think, that at the time when most of })is speeches were made, the house of lords contained 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 houve of peers should 'ver be able to rival the house of commons in the display of splendid talents, is, that all questions of importance are tirst debated on in the house of commons. Even if the members of the upper house had any thing of their own to say, the words are laixlv taken out of their mouths. A. D. 17123.] tORD BATHlTRST. 287 Lord Bathursfs Speech in defence, qf the Bishop of Rocliester. Who took notice of the ungiacious distinctions tliat M-ere fixed on the members of that assembly, who dif- fered in opinion from those who happened to have the majority : that for his part, as he had nothing in view but truth and justice, ttie good of his country, the ho- nour of that house, and the discharge of his own con- science, he would freely speak his tlioughts, notwitli* standing ail discouragements : that he would not complairl of the sinister arts that had been used of late to render some persons obnoxious, and under pretence of their being so, to open their letters about their mi- nutest domestic affairs ; for these small grievances he could easily bear; but when he saw things go so far, as to condemn a person of the highest dignity in the church, in such an unprecedented manner, and without any legal evidence, he tiiouglit it his duty to oppose a proceeding so unjust and unwarrantable in itseltj and so dangerous and dismal in its consequences. To thi pur- pose, he begged leave to tell their lordships a story he had from several officers of undoubted credit, that served in Flanders in the late war. " A Frenchman, it seejiiS, had invented a machine, which would not only kill more men at once than any yet in use, but also disable for ever any man that should be wounded by it. Big with hopes of a reward, he applied to one of the ministers, ^\ ho laid his project before the late French king; but that monarch, considering that so destructive an cnLii.'K? might soon be turned against his own men, did not tliiiik proper to encourage it ; whereupon the inventor came over into England, and offered his services to some of our generals, who likewise rejected the proi)osal uitii indignation."' The use and a})plicatio]i of this ?.U)X\'. added his lordshi[), is very obvious: for if this wav oi proceeding be admitted, it will certainly prove a veiv dangerous engine; no man's life, liberty, or j^rofMity. 288 DUKE OF M^HARtON. [a. D. 1723. A\ ill be safe ; and if those who were in the administra- tion some years ago, and who had as great a share in the allections 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, that if such extraor- dinary' proceedings went on, he saw nothing remaining for him and others to do, but to retire to their country houses, and there, if possible, quietly enjoy their estates, 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 JMazarin, who boasted, " That if he had but two lines of any man s writing, with a tew 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 himself, he said, he could hardly account for the inveterate hatred and malice, some per- sons bore the learned and ingenious bishop of Roches- ter, unless it was that they were intoxicated with the in- fatuation of some of the wild Indians, who fondlv be- lieve they inherit not only tiie spoils, but even the abili- ties of any great enemy they kill. PHILIP, DUKE OF WHARTON, Was born about lC.99. Hr ;!,t ha\t^ dis- turbed It. iuid had contrary efiects : That the death uf vo: - I. u <)0 DUKE OF -vviiXrtox. [a. d. 1 723. the regent had made no alteration in France, for things did run there in the same cliannel, and the duke t>f Bourbon, aa ho had succeeded the late duke of Orleans ill the administration of afi'airs, seemed resolved to cul- tivate the friendship and good intelligence his predeces- sor had established between the two crowns ; Tiiat, 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 him, unless he would quarrel with us, for our kindness and good-nature to him, \h sufi'ering 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 thus there was nothing to be feared abroad, and 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 nre-arms; but would content himself with taking notice, that, accord- ing to tlmt noble pecr^ the power of the militia was an- ciently, and stilF remained in the crown; but that it was ol)servable, that in some former reigns, regular troops supplied the place of the militia;, and in others, funds were provided to discipline the militia, and render tiiem useful, in order to supply the want of regular troops : liut at this time, when tlie crown is possessed of Hs 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 l> entirely overturned, ;^ince thereby an additional strength is given to the. r-rown, \\ ithout any equivalent to secure the rights and iiberties of the subject: That our ancestors having ever judged tiie militia sufficient to socure the government. A. D. 1723.] DUKE OFWHARTO.V. 91 we ought not to deviate from that wise institution with- out evident necessity : That the niihtia are not so useless, nor so much to be despised, as some would pretend, since they did notable service during the last rebellion, even in some counties the most disaffected to the present Settlement ; and, if care was taken to discipline them well, he did not doubt but they might be made more useful : That the expence of raising and exercising the militia might be greater than of regular forces, but that as the danger to our liberties would be much less from the militia, so would the expence be more easily borne by the people : That, in justice to the officers of the army, he would readily acknowledge, tliat many of them had ap- peared zealous defenders of the liberties of their coun- try, and had laid the foimdation of our present happi- ness, by refusing to concur in the designs of the late king James II. But that he had heard wise men say, that if that prince had turned out the old officers he could not trust, and made new ones from among the common soldiers, king William would not easily have brought about his en- terprize ; at least there would have been more blood shed : That after all, standing armies are inconsistent with a free government: and that hereafter an ambitious prince, and ill designino; ministers, might make us^ of them to invade our liberties : That the single instance of Oliver Cromwell, wlio came to tiie house of com- mons and turned out with open force the very men from whom he had his authority, was an example whicii tliey ought ever to have before their eyes : That though they had nothing to fear under his majesty's auspicious reign, or from the illustrious princes of his royal lamily ; yet it cannot be expected that the throne shall always be filled by sucli princes : 1 hat besides, we are not so happy as to have the king always amongst us ; tluit at least once every tu o years his majesty goes over to his dominions aljioad ; that for his part, he was so far from lindiiiiT fault witli it, that he rather thought it for oi'T advuntaire. because he could from thence liave a T O 29i2 GEOHfeE It.. [a. D. 1727- nearer prospect of the affairs of Europe, artd watch for our security ; but that) on the other hand, if it should happen, that during the absence of his majesty the ab- sokite command of the army shall be delegated to one single person, our liberties arid properties ihight be in gi'eat danger, because such an authority is equal to that of a stadtholder in Holland : That he was both surprised and sorry to see that a lord, who had so great a share in the administration, should in so solemn 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 nothing, in his opinion, could more effectually keep tip 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 the same would have the like good effect witli 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. GEORGE II. (Son of George I,) Was born in 1 683. He succeeded his father in 1 727, and died 1 jGd) King George the Second's Address to both Houses. My Lords and Gentlemen, I am persuaded that you all share with me in my grief and affliction for the death of my late royal father, whicli, as it brings upon me the immediate care and A.D. 1727.] CEOHGE 11, 293. weight of the government, adds very much to my coir- - cern, lest I should not be as successful in my endea- vours, as I am, above all tlungs, desirous to make you a great and happy people. I heartily wish ti^at this first solemn declaration of. my mind in parlia^nent, could sufficiently express the. sentiments of my heart, and give you a perfect and just sense of my fixed resolution, by ^11 possible means, to merit the love and afi'ection of my people, which I sh^U always look upon as the best support and security of my crown. And as the religion, liberty, property, and a due execution of the laws, are the most valuable blessings of a free people, and the peculiar privileges of this na- tion, it shall be my constant care 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 secure to aU my subjects the full enjoyment of their reli- gious and civil rights. I see with great pleasure, the happy efiects 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 tliis nation, and for inaintaining the tranquillity ^nd balance of power in Europe. The strict union and hannony, which 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 the same ' measures, and of making; uood the en'zac'c- ments entered into by the crown of Great Britain^ The chcarfulness with which the supplies necessary for carrvins: on this creat work ^vere raised, makins: it but just that the public expence should be lessened, as soon as the cii'cumstances of affairs will permit, I have already given orders for sending back soma of tlxe regiments brought from Ireland, and will proceed to reduce my forces, both bv sea and land, as soon as it can be done, 294 MR; SHIPPEN. [a.D. 1731. vvitKdiit prejudice to tlie common cause, and consistently with the interest of my kingdom. Gentlemen of the house of commons, You know very well, that the grant of the gieatest part of the civil list revenues is now determined, and that it is necessary for you to make a new provision for the support of me and my family; I am confident it is needless, in any particular manner, to recommend to your care the consideration of what so nearly and per- sonally concerns me ; and I am persuaded that the ex- perience of past times, and a due regard to the honour and dignity of the crown, mIU prevail upon you to give me this first proof of your zeal and affection, in a man- tifer answerable to the necessities of my government. My lords and gentlemen, I recommend it to you to give all possible dispatch to such business as shall tiecessarily be brought before you; the season of the year and the circumstances of time requiring your pre- sence in the country, and making it improper to carry this session into any great length. MR. SHIPPEN. Was member for Saltash. He was one of the most veliement and vigorous opposers of the measures of government through the whole of this reign; and, no doubt, had imbibed a very strong tincture of .lacobitism. But he was a man of great firmness and independence of mind, a manly, vigorous, and correct speaker ; and whatever his personal motives or sentiments might have been, the principles which he uniformly avowed and maintained, were souni(3 and congtitufional. M7\ Shippens Speech on the Address. Mr. Speaker, I RISE not only to offer my sentiments against the terms of the address proposed; but likewise to make a mo- A. D. 1731.] MR, SHIPPEN- 2^)5 tion. It has, sir, upon such an occasion, been the aii- cient custom of this house, to present an address of thanks to his majesty, for his most gracious speech from tlie throne ; but such addresses were in former days always in general terms : there were ia them no flattering puragraphs, no long compliments made to the tlirone, tor transactions and successes whicli had never been laid before the house, and of which, by a uecessaiy consequence, the house must have been supposed to have l^een entirely ignorant. It is true, sir, wc have of late years fallen- into a custom of complimenting the throne, u|>on every such occasion, with long addresses, and this custom has been followed so loi^g, tiiat I am afraid it may at last become a thing of course to vote an address to his majesty, in such terms as hall be concerted by those very men M'hose measures are ap- proved of by the compliment made to tiie throne. I confess, sir, that I am so little of a courtier, that I cannot return thanks for what I know ik^thing of, nor can I applaud before I know a reason for such ap- plause. I am not at all against an address of thanks in the usual style ; but though I should happen to be single and alone in my opposition, which I hope I shall not, yet I am resolved to op|X)se addressing; in the terms moved for, if it were for no other reason but this that such a motion may not stand upon the journals of this house, as agreed to ncm. con. For if not taken notice of in time, such humble addresses to the throne may at last come to pass at> a matter of course, and be as little regarded or opposed as some affairs now are, which at hrst stood a long contest be- fore they could be introduced. Sir, it is no new thing in me to oppose such addresses ; I have always op{X3sed them; and though I do not thereby ap[)ear to be a good courtier, yet it she\\s that I have some respect lor the honour and dignitv of this house. Besides, sir, \\]\cu such addresses have been proposed, it has been jiroiuiserlj and we have been as- 29^ SIR W. WYXDHAM. [A-D. 1731. Fured that no advantage should afterwards be taken of any words contained in the complimentary part of sucli address; but every member in this house knows, that when the house had an opportunity of examining things more particularly, and debates ensued thereupon, they have then l:)cen told that they could not censure any of the past transactions, because they had approved of them all by their address of tlianks to his majesty for liis most gracious speech from the throne. I hope, sir, for the sake of my country, that all things are well, that our affairs, both abroad and at home, are in that pros- perous condition in which they have been represented to iis ; but as we cannot as yet judge from the effects, and as the tiX3aties from which this great prosperity and last- ing tranquillity is to arise have not yet been laid before us, I cannot but look upon it as an anticipation of the resolutions of this house, to thank his majesty for tliose treaties Mhich we have not as yet had an opportunity" either to peruse or consider; and therefore 1 move, that the first xpart only of the motion already made should stand, and that all the other complimentary pa- ragraphs should be left out. SIR AV. WYNDHAM, ( Member for Somersetshire.) ^Vt^s born iGSJ. In 17 10 he Xvas made secretary at war, and ir^ 1713 chancellor of the exchequer, lie \yas dismissed I'rom his place on the accession of George I. and beins; suspected of havinjf a concern in the rebellion in 17 1-"'; '^vas conuuitted to the Tower, but liberated without being brought to a trial, lie died 1740. It was to him that I^oiu Bolingbrcjke addressed that celebrated ictti^T in deft;nce of himself, which is the best of all his works. Sir ir. iVijndhapiii Speech on the sanw occasiun. Mr. Speaker, I cA.woT agree to tlic terms for adbliged, in ironie nvuiuer, to comply witli. the demand.^ 2C^S LORD FALMOUTH. [a. D. 1731. of almost every power we have treated with ; and if by such means we have at last got off upon any tolera- ble conditions, it must be said, that we have been like a man in a room who wants to get out, and though the door be open, and a clear way to it, yrjt he stalks round the room, breaks his shins over a stool, tumbles over a chair, and at last rumbling over every thincj in his way, by chance finds the door and gets out, alter abundance of needless trouble and unnecessary danger. LORD FALMOUTH. His Speech on the Pension Bill. My Lords, -The bill 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 contribute 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 the other liousc. vSuch bills as tliis now before us, are often brought in by would-be ministers ; that is, by gentlemen who affect 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. I shall always be ready to join in reasonable measures for insuring the liberties and privileges of the people ; and if any attempts were making against them, I should be as ready as any man to concert measures for sliort- cning the arm of the crown : but, my lords, w hen I find A. D. 1731.] LORD FALMOUTH. 299 that no attempts are made by the crown against the liberties of tlie people ; when I iind that the popular cri3s for liberty are raised and spirited up only by tlie factious and the discontented, I shall never be lor di- minishing the power of tlie crown, especially when I see that it has but just enough to support itself agamst the factious and the disaffected. 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 a^inin to be put, I believe the proper ans\A..173U may often afford him an excuse, if his case bo examined by men of humanity and candour. Ho\v many poor country-fellows, either out of a frolic, or because they have been disoblii>;ed or slicrhted by their mistress, jjo and list themselves for soldiers ! AV'hen such a fellow begins to cool, he perhaps repents of wiiat 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, that such a poor, fellow should be shot for such a tritiing crime ? The law perhaps may not be executed with ri* gour; 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 executing the law with rigour, is a convincing argument, that the pains are too severe ; but, my lords, as I am against the bill itselfj as well as every clause thereof, I am therefore against giving it a second reading, or entering into the consideration of the several clauses of it. HORACE WALPOLE, (Brother to Sir Robert,) VVas member for Yarmouth. He seems to have been little inferior to the; minister in f;icility 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 mmd, than it was in his brother. There is also less ease and more sloven- liness, Ipss grace and more of the atl'ectation of 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 euvy of his opponent t;. A. D. 17iJl.] HORACE WALPOLE. 503 Mr. Horace ff'alpolts Speech. Sir, I AM sorry to bear a parallel drawn by any member of this house between the army kept up by the late kins; James, and the army intended to be kept up at pro. :ent. King James's army was raised against'law, was main- tahicd against the consent of the people, and w as cm- ployed in overturning the liberties of the people : Tlie present question is about an amiy, which is to be kept up according to law, and by and with the consent and approbation of the people. If wc look into the petition of right itself, what does it say ? Vv'hy that an anny 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 parliament is illegal, or anv way contraiy to our happy constitution. In this respect, therefore, no parallel can be drawn between the present army, which is to be kept up only by consent of tlie people, and maintained by them, and that army which was raised and maintained by King James him- self, and was so 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. I really believe, Sir, and I hope I am right, that there is but very little dissatisfaction in the nation, and that the Jacobite party is now become verv inconsiderable : but still tliat party is not to be ridicided and made a joke of: we are not so much to despise all attempts that mav be made by them, as not to t..ke any measures to provide ourselves against thciu ; such a securitv is the be:^t thing they can wish for; they woukl !e glad to be despised in such a umnmr. (Tciitleinen mav ssiv what tiicy will of the little con^ecjiicncc of anv e^ndeavours that have been, or may be used bvthem; but tlie late rehellion h ; certain testimony tLut lliey are not t-j Ijc too iiv.iv.h <'c- 304^ noRAC WALPOLE. [a;d. 1/31. spised. The fate of the kingdom \\asat ihat time brought even to the tlecisidn of a ^ay ; and if the rebels had but been succe.vsfal at Preston, 1 do not know Mhat miglit have been the consequenceTs ; 1 dread to think of them. Bnt let tlicm have been never so fatal, if the liberties of this nation had been overthrown bv tlie sueeess of tliose lebels,- it would Iiave been entirely owing to our having so few regular forees on foot at that time. Me have escaped tliat danger, but do not let us expose ourselves to such dangers for the future ; wiiich must be the neces- saFV consequence of reducing any part of the small army now on foot, and desired to be continued. A-parliamentary armv never yet did any harm to this nation, hut reductions of that army have often been fatal. I have been assured by a minister of Aery great i'Onscquence at the court of France, the reducing of our ar- my after the peace of Ryswick, very liuich encduraged the court of France to take such measures, -muI to njake such bold steps, as they afterwards did. They would have l)ecamore cautious if we had kept ourselves in a capaci^ ty of pojiiing in a numerous army upon them ; but they saw that we had put it out of our power, and th(;rcforB they despised us. ''J'lie reduction of the army after the treaty of Utrecht luul not, by good luck, all the ill con- .'^equences that were designed ; but 'the reduction was certainly marie w ith no good intent. I have a good opi- nion enoughof the late queen. She had not perhaps, any ill intentions, but I am convinced, that her ministers had laid a scheme for overturning the Protestant succession j and they had no other way of executing this scheujc but bv getting free of all those brave ojficers and soldiers w ho bad served tlieir country so laithfully in the late wars. This vias what made the army be reduced at that time so low as it was : the ministers knew that those honest of- licers would not serve them in tho execution of their dtistructive schemes, but they took care to supjily their place by a bodv of above ()00() men, ^vho were j)rivately kept iiip^'^}; and uiaintahied under colour of Chelsea A. D. 1731.] HORACE WALPOLE. 305 Hospital; and the consequence shewed what sort of men these new troops were, for almost every man of them appeared in arms in the late rebellion against the govern- ment. We have heard the treaty of L treclit, upon which this reduction was made, applauded by some ; whether it deserves any such applause, I do not know; but I am certain, that since that time we have been obliged to- enter into separate treaties and negotiations almost with every power in Europe, for amending or explaining the blunders of that treaty; and if we aic now right, whoever ascribes our being so to that treaty, may be said to be like a man, who, alter 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, for this great cure that has been performed upon you. After all, sir, I ^vould not ha\e the friends of the present establishment think themselves absolutely safe and secure : it is not to be sup})osed but that His Ma- jesty has still some })rivate enemies even in our oun country. People may say what they will about the treat- ment the petition for erecting king Williaifl's statue lately met with, but I look upon it as an affiont d731.] MR. siiirpfey. 309 it has neither yielded up, or renounced that fundamental nmxini, viz. Tiiat a land force in England ought to be considered as the creature of necessity, whidi should not be allowed to subsist one moment longer than the exigencies of the state rc(juire. if they entertain the second notion, they are equally mistaken in that, as in the first : for it is a notion highlv injurious to our constitution, which was so happily com- pounded in its original formation, that it can receive no addition or alteration without prejudice. Tliere is so close, so just a connection betwixt all the parts of it, that if any one should be made independent of the rest, it would destroy tliat symmetry, which is essential to the whole, and wliich distinguishes it from all other consti- tutions. The crown, though limited, is armed with prerogative and power, sutiicient- 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 arc secured to tiiem by the stronoest and most sacred obligations. Nav. 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 foretcl which will at last pre^ vail, which will at last assume the sole dominion. VVe .see the fatal ejects of such a conjunction in those kiugdu'.ns where armies tyranni/e, and where senates servilely obey. Xo\',", God forbid that the delightful view, the nh- rious prospect which his majesty has opened to his sub- jects, of their [)resent envied condition, and of their future unspeakable felicities, should terminate in confusion and calatuity. (Jod forbiil that any compliance, anv resolu- tion of ours, should endanger or alter the best consti' tuted, the best balanced government in Europe. Eor as it is the glory of our ancestors that they have niain- taiued it in opposition to all the attempts of innovation 510 MR. SHIPPEN. (a. U. 1731. and that they have transmitted it entire to their posterity, so it will be a mark of eternal infamy to that generation, in whose time it shall happen, either by the ambition of the prince, or by the treachery of the ministry, or by the slavishi?ess of the people, to be surrendered or de- stroyed. But I forbear nmning into general arguments. I for^ bear, too, answering the distinctions which have been made betwixt parliament armies and crown armies. For by what epithets soever distinguished, or by what autho- rity soever raised or allowed, armies are in their nature the same, and the danger of continuing them the same ; as I have formerly endeavoured to prove, when the mi- nistry required for many sessions an exti'aordinary 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 they wanted a strong- er guard, a more effectual support to secure their admi- nistration, than their own wisdom and conduct. But the case is altered, and his majesty has extricated us out of all the difficulties, out of the long unsettled state of affairs, in A^hich 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 that view I take it to be impossible for any one, who is a well \\ isher to the true and ancient constitution of this kingdom, to 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 mimis malurn, and not because I think that 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 whatsoever. A. D. t731i] SIR ROBERT WALPOLE. 3U SIR ROBERT WALPOLE, His Speech on the same. Sir, I FIND the gentlemen 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 ver ; whereas the very design of the 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 conterpned and tlcspiscd by our neighbours round us, and that at a time when the pubUc tranquillity is but just settled, and be^ fore we can know Avhether some of our neighbouring po\vcrs are satisfied or not. Nations, as well as private 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 ; but a very few ages ago there ^^as no such thing in Europe as what Ave now call a standing army ; there was no-> tiling but the militia in any country, and therefore it was no M ay necessary for us to have any thing else. If we quarrelled with anvof our neighbours, we were sure they liad nothing but militia to bring against us i our militia was, and I hope still is, as good as theirs ; but I do not believe that anv man will sav, that the militia of anv country can be maiie 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 tlie powers of Emope. Ther^ is not r\g\x a sove^ 312 SIR KOBERT -WALPOIE. [a.D. 1731. reign state in I'lurope but keeps a body of regular troops in their pay : there arc none of our neighbours but what keep a much greater number than we do, and therefore it is become in a n)anncr absolutely necessary for us to kctp some. Wc must have some regular troops to op- pose to those that may upon a sudden emergency be brought against us, and to obstruct and oppose their passage till ^^ c liave time to raise more. The only ques- tion is, how great a ni mber we ought to keep, and in Avhat manner they are to be kept up, and so as not to be iiangerous to our constitution. As to preventing of any danger arising from the re- gular forces kept up, I do not think there can be a bet- ter method proposed, than that of keeping them up only by authority of parliament, and continuing them only from year to year ; by this method, sir, tliey must always be dependent upon, and subservient to the par-^ liament or people, and consequently can never be made use of for any thing but for the preservation and safety :0f the people against all attempts foreign and domestic ; and while they are kept up in this manner, they will al- ^vays be a terror to our enemies, without subjecting us to any of those misfortunes which other countries have fallen into. A stany a king who makes any attempts upon the liberties of the people ; but jf such an arniy, raised and maintained w ithout consent of parliament, was, wc find, not to be trusted to by a king who had such designs, how much less can any nian depend for the execution of such design- upon an arniy such as we have at present r an army raised, kept up, and maintained by the })eople ; an army that may be dismissed by tliem when tiiey please, and an army that is commanded by gentlemen of .tome of the best estates and families amoniist us, who A. D. 1731.] S(R ROBERT WALPOLE. 313 never can be supposed capable of joining in any mea- sures of enslaving a country, where they have so great an interest, and v^'here their ancestors have so often sig- nalized themselves in the cause of liberty. It is not therefore to be imagined, that ever such an army can be of any dangerous consequence to our liberties, were they much more numerous than they are proposed to be. It is certain, that every state in Europe now measures the strength of their neit of tlie speeches of the time; that is, th<'y discover a general knowledge of theatfairsofl'Airupe, and of the intrigues, interests, and engagements of the ditTerent courts on the continent ; tliey shew the states- man, and the man of business, as well as tiie oi\'tor. These mi- nute details render the spv'-ec lies of this period long and un- interesting, which prevented me from giving so many of them as the ability displaved in them would otherwise ha\e retpiired. This diplomatic eloquence seems to have been gainnig ground from the time of the revolution. We may see from Lord iioling- broke's writings how much the study of such tubjecls was \n fa.-hion 111 hi:- time. A. D. 1731.] WILLIAM PUrTEXEY". Sl7 Mr. Pidttmys llcphj. We Imvc heard a great deal about parliamentary ar- mies, and about an anny continued from year to year. I have always been, sir, and sliall be, against a stand- ing arinyof any kind. To jne it is a terrible thing, whe- ther iindei* that of parliament or any other designation; a standing army is still a standing army, -whatever name it be called by ; they are a body of men distinct from the body of the people; they are governed by different laws: blind obedience, and an entire submission to the orders o; their commanding officer, is their only princi- ple. I'he nations around us are already enslaved, and have been enslaved by those very means : by means of their standing arniies, they have every one lost their li- berties. It is, indeed, impossible tliat the liberties of tlie people can be preser\ ed 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 misfor- tunes we ought to learn to avoid those rocks upon which they have split. It signities nothing to tell me that our army is com- manded by such n;entl(Mnen as cannot be supposed to join in any measures for enslavinij their country ; it may be so, I h(_)pe it is So ; 1 have a very good opinion of many gentleuR n now in the armv ; 1 believe they ^vou]d not join in anv such lnec>^ures ; but their lives are un- certiiin, nor can we be sure how long; they mav be con- tinued in conHnund ; that thcv may not be all dismissed in a moment, and proper tools of power put in their room. JJesides, sii-. we l-now the passions of men ; we know how danu':er()ns it is to trust the best of men with \o<) JHticli j,>c)wer. Where was there a braver army than that under Julius C'a'sar? where was tliere ever an ar- mv that had served their country more faitiifaliv ^ T.hat armv was commanded generally by the best citi- zens of llome ; by men of great fortune arid figute m 318. WILLIAM PUITEKEV. [a.D. l/S!. their conntrv ; yet that army enslaved their country 5 the affections of the soldiers to^vanis their country, the Iionour and integrity of the under officers, are not to b^ depended on. j^y the mihtary la\>', the administration of justice is so quick, and the punishment so severe, that neither officer or soldier dares to dispute the orders of his supreme commander; he must not consult his own inclinations. If an otHcer were commanded to pull his: own father out of this house, he must do it ; he dares not disobey ; immediate death -would l)e 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 with screwed bayonets, and \s ith orders to tell us w hat 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 and handled up at the door of the lobby. But, sir, I doubt much, if such a spirit could be found in the house, or in any house of commons that will ever be in England. Sir, I talk not of imaginary things ; 1 talk of what has happened to an English house of commons, and from an English army ; not only from an English army, but an army that was raised by that very house of connnons ; an army that was paid by them, and an army that was- commanded by generals appointed by them; therefore do not let us vainly imao;ine that an army raised audi maintained by authority of parliament, m ill always be submissive to them. If an army be so numerous as to have it in their power to overaAve the parliament, they will be submissive as long as the parhament docs nothing to disoblige tlieir favourite general ; but when that case happens, lam afraid, that instead of the parliaments dis- missing the army, the army will dismiss the pailiament, as they have done heretofore. Nor does the legality or iliegaiity of that parliament, or of that army, alter the tlie case : for with respect to that army, and according to their way of thinking, the parliament dismissed by til em was a legal parliament ; they were an army raised A. D. 1731.1 WILLIAM PULTENEY. ' 319 and maintained according to law ; and at first tlicy were raised, as tiiey imagined, for the preservation of those liberties, wliich they afterwards destroyed. It has been urged, Sir, that whoever is for the pro- testant succession most l>e for continuing the army. For that very reason, sir, I am against continuing the army. I know that neitiier the pi'otestant succession in his ma- jesty's most illustrious house, nor any succession, can ever be safe, as long as there is a standing army in the country. Armies, sir, have no regard to hereditary suc- cessions. The first two Caesars at Rome, did pretty veil, and found means to keep their armies in tolerable subjection, because the generah? and officers were all their own creatines ; but ho\v did it fare with their suc- cessors ? Was not every one of them named by the army without any regard to hereditary right, or to any right ? a cobler, a gardener, or any man avIk) happened to raise himself in the army, and coukl gain their af- tections, was made emperor of the world. Was not every succeeding emperor raised to the throne, or tumbled headlong into the dust, according to the meie whim or mad frenzy of the soldiers ? We are told, Oh ! gentlemen, but this army is de- sired to be continued but for one year longer, it is not desired to be continued for any term of years. How absurd is this distinction! Is there anv army in the ^vorld continued for any term of years ? Docs tiie most absolute monarch tell his army, that he is to continue them for any number of years, or any number o\' months ? How long Ivave we already continued our army from 3'ear to year? And if it thus continues, wherein will it flitlcr from the standing armies of those countries which have alrcaflv submitted their necks to the yoke? We are now come to the Rubicon ; our army is now to be reduced, or it never will. From his majesty's own moutli we are assured of a ])rofound tranquillity abroad we know tiiere is one at home. If tiiis is not a proper tune, i{ tiicse circum.'Jtances do not aflbrd us a safe 30 LORD BATHUnST. [a.d. 1732^ opporttinity for reducing at least a part of our regular forces, we never can 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 anny, and remain for ever exposed to the danger of having its liberties and privileges trampled upon, by any future king or minis- tiy who shall take it in their heads to do so, and shall take a proper care to model the army for that puri)ose. LORD BATHURST. His Speech on the Number of Land Forces, My Lords, The noble duke who spoke last, has spoken so fully and so well in favour of a standing army, that if it were possi- ble to convince me that a standing army is consistent with the liberties of the country, that noble duicc would Iiave done it. I should even be aft'aid to rise up to olier any thing in answer to what he has so well said u{)on that subject, if it were not, that I think myself under a necessity of giving your lordships some reason for my voting as 1 shall do, in the important question now be- Ibre us. I was dad, mv lords, to hear that noble duke allow, that the militia of the kingdom might be put upon sucli a footiufj as to be useful for our d(4ence : this I should be glad to see done, because I thhik it the only defence, next to our flec% w hich we can with any safety trust to ; and as there is rio man more capable than he, of putting us in a way of making our militia useful, I wi fl:e atiections of a few nun hvvd up to arms and miliin- vol.. I. V 0*22 LOUD BATllURsST. [a. D. 1733- ry discipline, he may do whatever he j^leases with the inultitude^ who have neitiier aims in their hands, nor any knowledge how to use them, if tlicy had. What the no- ble duke said as to auxiliaries is most certainly true; 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 standing army of our om n subjects, as of an army of foreign aux- iliaries ; whoever trusts his defence to any thing but himself must be a slave to that in which he puts his trust ; and whatever people put tiieir w hole 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 troops ; the masters may be different, but the slavery is the same, and ^\ ill be equally grievous. I believe it never was said, that a standing army is the only method by which an 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 long supported m ithout a standing army. By a political and cunning administration the people may be cheated out of their liberties ; by some specious pretence or an- other they may be induced to give up all those barriers, which are tiie defence and tlie protection of tiieir liber- ties and privileges ; but the fraud will at last be discover- ed, and as soon as it is, the people %\ ill resume their an- cient privileges, if there be no new sort of power establish- ed for protecting the arbitrary government ngainst any such resumption ; which power can never consist in any thing else but a standing army of some kind or other. A standing arn)v must, therefore, my lords, be of dan- gerous conse({uenceto the liberties of every country. In sonic free countries there maybe at least a shew ot reason for their submitting to such a danger ; but in this coimtry there cannot be so much as a shew of reason ; we h.ave a fleet superior to that of any of our neighbours, and we know how difficult it is for any of our neighbours to in- A.D. 1732.] -LORD BATKUilST. 335 vade us with a considerable force ; such designs must always be discovered before they can be ready for execu- tion ; and as long as we preserve a superior fleet, wq 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 theu' recep- tion ; if our militia be always kept in good order and un- der a proper discipline, they will be sufficient for our de- fence against any power that can be brougiit against us, aS long as the king is possessed of the afl^ections of the people in general ; and those he can never lose so readily as by despising the people, and trusting entirely to his standing army. As for those small invasions w>.ich the noble duke was pleased to mention, what though they had landed ? What would have l)een the consequence ? I hope, my lorcife, i^ is not to be imagined, notwithstanding the contemptible state to which our militia has been by neglect reduced, that this country is to be conquered by six or seven thou- sand men. Even the late king William, though he had escaped the English fleet, where it is supposed he had a good many friends, though he had double that nuuiberof men, and tliough he got all his troops safely, and without opposition landed upon the English shore ; yet, my lords, upon his seeing so few come in to Join him, upon his first landing, he was very near going off again, it is not an easy matter to bring about a revolution against an esta- blished government ; but it is still much more diflicult to come in as conquerors, and pretend to subdue such a powerful and populous country as this is. And ii the great king William, who came to relieve us from slavery and oppression, wjio Lrouglit along with him so great an army and so pOwertul a fleet ; if he, I say, was So doubt- ful of success upon his first laudinii, Avhat have we to fear from any small invasion ? Surely, from such the nation can never have any thing to fear, whatever such a go- vernment as that of king James's was might have to fear from such invasions wlien encouraged, called in, and sup- Y 2 " 524 SIR GILBERT HEATHCOTF. [a.T. 1732. ported by the generality of our people at home. This is a case which I hope never Avill again happen ; it is a case against which we are not to provide ; and for these rea- sons I shall be for agreeing to the reduction proposed. As to our armies not being obliged to obey any but le- gal orders, I do not know, my lords, whether it be so or ftot; but in my opinion the noble duke has given us a good hint for an amendment to the bill ; this w ord k^al, ought certainly to be put in, and then in case of any disobedience to such orders, a coimcil of war \\ ould cer- tainly have it in their power to examine first into the le- gality of the orders given ; as to which there 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 would be obliged to pass sentence against the sol- diers for mutiny, whatever they might alterwards do w itR the officer ^a ho <:jave thlay with the bugbears, and handle them, and do not iiiid that they hutt uj. ^^'e look back, and srnile at the disproponionatt; resist- ance of onr ine^xpcrienced forefathers toj)ettvvexations and imaginary grievances ; and are like the old horse m the fable, who wouderctt at the folly of the yoimg horse, who refuted even to be saddled, while he crouched patiently under the hca\u:sl burthens. A. D. 1732.] SIR GILBERT IIEATHCOTE. 325 the trade of this nation, by the scheme now proposed to us ; those have been made very apparent, and from them arises a very strong objection against \^hat is now propos- ed : but the greatest objection arises from the danger to which this scheme will most certainly e\j)ose the liberties of our country ; tliose liberties, lor which our ancestors have so often ventured their lives and fortunes ; those, liberties whicJi have cost this nation so much blood and treasure, seem alreadv to be greatly retrenched. 1 am sorry to say it, but what is now in dispute, seems to me to be the hist 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 j we have already subjected great numbers of tlie peopleof this nation to the arbitrary laws of excise j and this scheme is so wide a step towards subjecting all the rest of the people of England to those arbitrary laws, that it will be impossible *br us to recover, or prevent the fattd consequences of such a scheme. We are told that his majesty is a good and a wise prince : we all believe him to be so ; but I hope no man \\ ill pretend to draw any argument from thence for our surrcnderhig those liberties and privileges, which have been handed down to us by our ancestors. We have, indeed, nothing to fear from his pvesent majesty : he never will n^ake a bad use of that po\\er which, we ha\ e })ut into his j\ands ; but if we once grant to the crown too great an extent of power, we ca,nnot recall that grant when wc have a mind ; and though liis majesty should never make a bad use of it, some of his succes- .^ors uuiv : the being governed by a wise and good king, does not make the people a free people ; the Romans \vere as great slaves under the few good emperors they inid to reign over tlicm as they were under the most cruel of tlieir tyrants. After the people have once given up their liberties, their governors have all the same power of oppressing them, tiiough they may not perhaps all make the same wicked use of the power lodged in their hands ; but a slave that has tiie good for- 326 8IR ROBERT WALPOLE. [a. D. 173C. tune to meet with a good natured and a humane master, is no* less a slave than he that meets with a cruel and barbarous one. Our liberties are too valuable, and have been purchased at too high a price, to be sported with, or wantonly given up even to the best of kings : we have before now had some good, some wise and gracious so- vereigns to reign over us, but we find, that under them our ancestors were as jealous of their liberties as they were under the worst of our kings. It is to be hoped that we have still the same value for our liberties : if mo have, we certainly shall use all peaceable methods to preserve and secure them : and if such methods should prove in- effectual, I hope there is no Englishman but has spirit enough to use those methods for the preservation of our liberties, which were used by our ancestors for the de- fence of theirs, and for transmitting them down to us in tliat glorious condition in which we found them. There are some still alive who bravely .ventured their lives and fortunes in defence of the liberties of their counti'y ; there are many, M^hose fathers were embarked in the same glorious cause ; let it never be said, that the gons of such men wantonly gave up those liberties for which their fathers had risqued so much, and that for the poor pretence of suppressing a few frauds 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 rnuch I thought it was incumbent upon me to say, in order that I might enter my protest against the question now before us, SIR ROBERT WALPOLE. His Speech on the same occasion. ' Sir, As I was obliged, when I opened the affair now before vuu, to take up a great deal of your time, I then ima- A. D. 1732.] SIR ROBERT \VA LPOLE. :3per they were in when they came hither, it may be very much altered nowj A.D.I 732.] LOUD CAUTERtT. 329 after having waited so loog at our door. It may be a yen' easy matter for son^'e designing seditious person to raise a tumult and disorder among them ; and wiien tu- mults are ortce begun, no man knows wiiere they may end. He is a greater man tlian any 1 Jknow in the na- tion, that could with the same ease appease them. For this reason I must think, that it was neitlier prudent nor regular to use any methods for bringing such multi- tudes to this place, under any pretence whatever. Gen- tlemen may give them what t^ame they think fit; it may be said, that ^hey came hither as liumble suppli- cants ; but I kqow whom the law calls sturdy beggars, and those who brought them hither could not be certain but that ti^ey might have behaved in tlje same mannei-. JOHN LORD CARTERET, (AfteTdsards Earl of Granville,) Supce^dfd his father George lord Carteret when very young. He was educated at Oxford, and took his seat in the Louse of lords :n 1711 where he distinguished himself by his zeal for the Munover succession. In 1 ' ip, he went aaibassador to Sweden, and in 1724, was appointed viceroy of Ireland, where his administration, at a very trying period, was generally applauded for its wisdom and moderation, He died in 17er tre liave at pre- sent on foot, seems to be made a part df pur constitu- tion : the old pretence of continuing the same number o( regular forces for one year longer, seems nqw to be laid aside. His majesty in his speech from the throne told us, that the public tranquillity was now so fully es- tablisjhed, that he had no other reason for calling us to- gether but only for the ordinary dispatch of the public business ; and must this, my lords, be looked on as a part of the ordinary business of the year ? iVIust the continuing of a standing army of 1 8,000 men, in time of {xjace, be a part of that business Avhich is yearly to pass of course in parliament ? It has been a long time continued from year to year ; but if it once comes to be an affair which is yearly to pass of course, wherein ivill it differ from those standing armies by which the r liberties of other countries have been undone ? A standing army alone may not perlraps be sufBcient for bringing so great a misfortune upon a people ; there must be other causes concurring ; but it may be averred, that in all countries where arbitrary po^^cr and abject slavery have been introduced, the fatal cliange in tlie constitution has been owing to a numerous standing anny, a great number of ofticcrs of the revenue, and a {Prostitute clergy ; and even th^'.^e three concurring toge- ther, must require some tinsc before they can get the bettor of the liberties of a brave people. The army must be so lonfj kept up, and m.odellcd in such a manner, fjs to be entirely dependent on tiie crown. It is not to ])e supposed, tfial the officers and sokliers of an army laised from among a free people, can be immediately divested of all those notions of hbcrtv, with which they were endowed wiien thev first listed in the army ; but if they have a brave and cunning connnander, this may be done in a few vears ; the generality of them may be soon made regardless of every thing but the will and pleasure of liim \vlio can prefer them to a superior com- mand : a large revenue and m-iny oflficers Cannot he A. D. 1752.] LORD CARTERET. 331 at once established upon a free people ; this must be done by slow degrees, and requires many plausible pre- tences; and it is to be hoped that the honour and virtue of the clergy would stand some little shock ; tliey could not at once be brought to that degree of prostitution, which is necessary tor the establishment of arbitrary power. At present, my lords, we may depend upon his ma- jesty : we are convinced that he \Aill not attempt to en- croach upon the liberties of his people ; we may like- wise depend on it, that our present army would not sup- poit any such measures, M'ere they to be ^j^ttempted ; his majesty has been so good as to employ men as of- ficers in the army, whose 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 best of kings we ought to pro- vide against the worst, I do not say, my lords, that we are now in any imme- diate danger of losing our liberties j but I say, that wc are getting into that way by M-hich the liberties of every country have been undone : we are cstablishinfj the custom of keeping up a standmg^ai'my m tune of peace ; we arc everv vear increasing the number of the officers of the revenue ; \vliat will the consequence be } I trem- ble to think of it ! We are not 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 than my predecessor? Why will you refuse to grant me that number of regular forces, or that revenue, ^\lli(h in the same circumstances you granted to my fa- tlicr ? And we well know, my lords, liow complaisant parliaments generally are in ttie 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- ther ; and if an ambitious prince should succf>ed to the crown, supported by such a numerous standing army as \s\\a\. is now proposed; so long kept up as to have S3S LORD CARTERET. [a.D. 1732. foniied themselves into a different body from the people to whom tliey belong, and with such a crowd of officers of the revenue as we have at present, all depending upon him and renioveable at his pleasure, what may he not do ? I am surprized, my lords, to hear it said, that stand- ins armies have had no hand in the overturning the li- berties of the several countries of Europe. It is true that the most numerous army can be of no dangerous consequence to the liberties of 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- tirely dependent upon one man ; and that it generally does when it is long kept up, more especially if any one man comes to get tlie whole power into his hands both of paying the army and of naming and preferring the several officers employed therein. Julius Ctesar had too long a head not to be sensible of this, and therefore he procured himself to be sent into Gaul ; there lie con- tinued for several years at tlie head of niuncrous con- quering armies, and having got into his own hands both the power of paying and preferring in his army, he soon managed it so as to make tbem entirely obedient to him ; then he commanded them to miirch against, and with them he conquered his country. If there had been no [standing armies of either side, the consequence could not have been the same, though a civil war had broke out ; the armies newly rai.s.ed by each side must have had a dependence upon a great many chiels, and ^\hich ever side had got the victory, the chiefs would have taken care of the liberties of their country; they A\-oukl have settled them upon the ancient foundation, or upon a better, if any better could have been contrived. Jn Spain it was likewise by such an army that their liberties w ere destroyed ; the inquisition, it is true, was set up much about the same time, and in all countries an inquisition of some kind or another generally accom- panies arbitrary power ; there nuiy be courti^ of in(|ui ^A.D. 1732.] " LORD CARTERET. ^2^ sition with rqgard to civil affairs as w ell as religious ; and ail inquisitions are at first establislied upon some plau- sible pretence. The banishing of the Moors and Jews out of his kingdoms, was the pretence made use of by Ferdinand, then king of Spain ; but the extending of his own power was t!ie latent and the chief reason. The in(|uisition was not, however, the chief cause of the loss of the Spanish liberties, it was only a consequence : ibr before the setting up thereof, he had got the absolute command of a great army, Avhich had been kept up for several years under pretence of tiieir war with l^ortugal, whose then kin" laid pretensions to the crown of Spain ; and by keeping his country in continual wars, he found pretences to keep up a standing army, with which, it is true, he conquered and banished the Moore, but he therewith likewise conquered the liberties of his coun- try; and the chains of the people were soon after riveted by a priest, a cardinal prime minister, who completed the cruel work which Ferdinand by his army had so successfully begun. In France too, my lords, it ^vas by standing armies chiefly that their liberties were undone ; it was not, in- deed, by armies modelled as they have them at ])\*c- sent, but it was by altering tlie ancient military force of the kingdom, that their liberties were destroyed ; it was by their kings" takinsj^ the army // .m so/dc, as they call it : for ancient! V the military force of tliat king'ioin depended chii^flv upon the nobility or areat princes ; their armies were composed of the troops sent to the general ren- de?.vous by the several })nnccsof tlie kingdoiu, who ge- nerally paid their respective troops ; or if at any time they had them maintained at ttie pM.blic charge, yet each prince retair.ed in his oun ii-iiids the naming and pre- ferring tlie olticers eiiiployed m iiis tioopi-, and therefore no one man could ever procure to himself an absolute command over the armies of that kingdom : but at last tills laudable custom was laid aiide : the kiug got into his own hands tli'j whole power of rai^-ing and paying 334 LORD CAHtERET. [a. D. 173^1. the armies to be employed for the defence of the king- dom ; and though for some time after he had no money for that purpose but what m as given him by the states of France, yet we may really look upon this change as the beginning of the French slavery. However, for a long time after this, the kings of France could never prevail with their states to provide them with money for conti- nually keeping up a numerous standing army ; their armies Mere raised only when they had occasion for them, and as soon as the danger was over, their armies were dismissed ; and yet, my lords, they had for some part of that time a pretender to their crown ; our Ed- ward the Third then claimed to be kins; of France, and he, my lords, was a very terrible pretender ; yet even by that imminent danj^er they ^vere then exposed to, they could not be induced to keep up a standing army; tliey iiever had any thing but militia, or troo[)S raised as occasion required, and with these they at -last ba- nished the English quite out of their kingdom. But as soon as the kings of France got thus free of an enemy within the bowels of their kingdom, they then took occasion of every foreign war that hap- pened to encroach a little further upon the liberties of their subjects, to multiply taxes arid tax gatherers upon them, and to get the armies of the kingdom more and more under their command ; in all which they succeeded beyond expectation, by a most stupid indolence that then reigned among the nobility of PVance ; and yet that nation still retained some remains of liberty, till a priest, cardinal Richlieu by name, gave their liberties the last stab. He indeed was a great minister, and a great politician : though he oppressed the sul)iect at home, yet he not only supported but raised the gran- deur of the riation abroad : he committed no blunders in his administration, nor did he submit to any foreign powers in the treaties and negociations he had with tliem ; and we may remember, that in his political testament, he left it as a maxim, that the king ought never to part with A. n. 173^.] LORD CART EHET. 3.So any tax he lias once got established, even tliOiiji;h he lias no use for the moiiey ; because by giving up the tax he loses tlie officers that arc employed in the collecting thereof. This great piime minister was succeeded by another priest, a foreign piiest, who had all his bad qualities but none of his good ; so that by his misconduct France was soon involved in a civil wai' : and it is said that one of tijc greatest men of France at that time, and one of the greatest generals of the age he lived in, told the queen regent, that she had a fellow at the liead of her affairs, who tor his crimes deserved to be tugging at the oar in one of her majesty's gallies. lint tlie arbitrary power of the king of Friince had by his predecessor been so firmly established, that it could not be shaken even by the many blunders he was guilty of; the nation, however, was not yet rendered so tame, but that it was a long while before tliey would quietly subiiiit to tiiat cardinal's administration ; and we must allow that even but lately there has a. noble spirit of liberty broke forth in that countrv, such a spirit of liberty, my lords, as might pro- bably reinstate the people in tiie full enjoyment of their former liberties and j^rivileucs, if it were not for tiie great standing army now kept up in that country. In Denmark, my lords, it was tlicir nobles that were the occasion of tlie loss of their liberties ; tliey had for some time thrown tlie whole weight and charge of the government off of tlicmselves, and had laid it on the necks of the commons ; the whole expence of the public they had for some time raised by taxes which fell chiefly upon the poor people, and to which they contributed but u trifle; and the commons being quite tired out with tliese onpressiuns and unjust exactions, resolved at last to put the wh.ole jtower into the hands of their sove- reign ; so that w.hilst tlie nobles were sitting and con- triving ways and means how to load the poor tradesmen and manufacturers witli such taxes as did not much af- ' feet them, thev were sent for to the castle, and there 33S XOHD CARTERET. . [A.t). 1752^. tv-cre obliged to join in that deed by which an absohite power M as put into tlie hands of the king, who could not make a worse use of it than they had dona This was the method by which arbitrary power was establisjaed in Denmark ; but it has ever since been supported only by a standing army. In Sweden, my lords, their liberties were not only destroj'cd, but they were again restored by their army j in this last chan^, my lords, that country had the good luck to be most singularly happy; but how was tliat most strange and extraordinary turn of their afikirs brought about ^ I have some reason to know it because I was in that kingdom * when it happened. The late king of Sweden, my lords, is well known to have been the dar- ling both of his nobles and commons ; he was so much the darling of tlie whole Swedish nation, that almost every man in it. was .atall times ready to sacriiice both his life and his fortune m his service, and therefore he had no occasion to model his army for any bad purpose; he had employ 3d none as officers in his army, but the nobility and quality of the kingdom, or such whose merit and services fully entitled them to whatever pre- ferment they were honoured with by him. His prime minister, ho'.\evcr, got at last too great an ascendant over 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 power over his master, that nothing 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 iii the army, were obliijed to submit, and to sue to him even for that ^\ 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 po.st jn the army, he was made use of when they had occa- * Lord Carteret was ministtr in Sweden in 17-10. A. D. 1732.] LORD CARTERET. 337 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 the contrary, his recommendation was a sure bar to any man's prefer- ment. The nobility, the generals, all the chief men in 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 ; there was no way of coming at rehef, but by making their king sen- siblt* of the discredit that accrued to him, by allowing himself to be so much under the management of any one man. They knew tlieir king to be a man of judgment and penetration, and therefore a great number of them resolved at lai:t upon venturing to present a memorial to liim upon that head. This men^orial, mv lords, was actually drawn up and signed, and was ready to have been presented, ^^hen that brave king was killed by a random shot from Frederickstadt, whicii he was then be- sieging. If the king had lived to have received this memorial, we cannot judge what might have been the consequence; notwithstanding its being signed by so nvdny of the no- bility and chief commanders, notwithstanding the king s Judgment and penetration, his affection lor 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, tlie 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 Avho had done so many ill things, was immediately seized, tried, ccp- demncd, 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 satished ; they did not desire to pursue theii ven- geance fartiier than tlie grave ; but, my lords, tlie dcr^iy VOL. I. z 358 LORD CARTEHET. [a. D. 1 732. of that kingdom, those men who but a few weeks be- fore were his most humble slaves, those men who would have deified him if the christian religion had not stood in their way, they had a mind to shew a superior de- gree of zeal they petitioned in a body that his corpse might be buried under tlie gallows. By the king's death the slavish dependence of the army w as at an end ; there was then no one man who could pretend to any absolute sway over the army ; and as it was generally commanded by the nobles of the kingdom, they had it fresh in their memories what in- <'onveniences both they and the whole nation had been subjected to by the absolute and uncontrolable will of their former king ; as there was no one of them that could have any hopes of succeeding to his arbitrary power, therefore they ail resolved to put both the go- vernment of the kingdom, and the command of the army, upon a new and very different footing. As to the government of the kingdom, they established a li- mited monarchy, and finding that they must necessarily keep up a standing army to defend their large frontiers, they therefore resolved, in order that the army might not be entirely dependent on the crown, that the of- iicers thereof should have their several commissions quamdm sc bene gesserit. This regulation, a nobleman of the country told ine, they took from the regulation we have in England with respect to our judges. It is, my lords, a wise and a necessary regulation; it is a regulation that ought in every country to prevail, wherever a standing army makes a part of their consti- tution. In all such countries the officers' commissions ought certainly to be quamdiu sc bene gesserit, and pre- ferments ought to go in course according to seniority, some few cases excepted : for it is hard that a gentleman who has nothing but his conunission to depend on for his daily bread, should be obliged either to forfeit his commission or his hopes of preferment in the army, or otherwise to do what he knows to be inconsistent with tl;c law and iioerties of his country. \ A. D. 1732.] LORD CARTERET. 339 I hope, my lords, that a standing anny will never come to be a part of our constitution ; but if ever it* does, I will say that without such a regulation as t have mentioned, we shall then have nothing to depend on for the preservation of our liberties, but the honour of the army, the integrity of the clergy, and the vigilance of the lords. Tiiym what I have said, my lords, it is apparent that a liunierous standing army must always be of dange- rous consequence to the constitution of tliis country;- and I leave it to every man to judge, whether we ought to expose our constitution to such a danger, for the pre- tended apprehensions of any insuiTection at home, or of any invasion from abroad? As to insurrections at home, we are; in no danger of any such as long as his majesty reigns in the hearts and affections of the gene- rality of his subjects ; and as to invasions from abroad, I think the little success the many designed invasions, mentioned by the noble duke, have met with, is an un- answerable argument for shewing .us that we ought not to be under great apprehensions of any such in time to come ; and, that we ought not to 'ubject ourselves to any thing that may be in the least dangerous to our constitu- tion, for the sake of a danger which experience has shewn to be so very inconsiderable. If we should ever be threatened with a formidable in- vasion, we should have time to increase our army to any number we pleased j we should even have time to dis- cipline that army before we could be attacked by any great force, and thereby we should be in a condition to defend ourselves at land, if our enemies should have the good luck to escape our fleets at sea : and as to any small and unforeseen invasions, if ever any such should be intt^nded against us, they may probably meet with the same fate that the former have done ; but if they should meet with better luck, if they should come safe to land, they could not bring above five or si\ thou- sand men ; our fleets would prevent their being rein- z 2 r 340 EARLOFILAY. [A.D.iySS. forced ; and surely, an army of t\velve thousand men in Great Britain, and another of equal number in Ireland, would be sufficient to give a good account of any such contemptible invaders. It is not now, my lords, proposed to disband our army entirely ; it is not proposed to throw out the bill now before us ; we are for keeping up as great a number as may be necessary for preserving the peace and quiet of the kingdom ; but we are against keeping up such a number as may be dangerous to our constitution. Though tlie lords who were last year for a reduction, voted against the passing of the then mutiny-bill, 'tis not from thence to be concluded, that they were against any mu- tiny-bill, or any number of regular forces ; they were against the whole bill as it then stood ; but if that bill had been thrown out, another might have been brought in according to their liking, and that new bill would then have been unanimously agreed to. EARL OF I LAY. His Speech on the same. ]\Iy Lords, Whatever some lords may be pleased to say about an army continued from year to year by parliament, tiiere is certainly a very great difference, my lords, between such an army, and an army continued at the sole pleasure of the crown. It has, I think, been graiitecl on all hands, that while our army is conunanded by such of- ficers as it is at present ; while men of fortinie and li- gure have the command of the army, our liberties are secure ; but it is said, that these officers may be turned out ; this army may be so modelled and garbled, as to A. D. 1733.] -EARL OF ILAY. 34l be made fit for any bad purpose. This, my lords, I shall easily grant might be done, if our army were to be established tor any number of years. If it were to be continued at the sole pleasure of the crown, an ambi- tious i)nnce might be able to model it so as to make it subservient to his arbitrary views ; but while it is continued only from year to year by parliament, this is impossible to be done. It is no easy matter to model an army so as to make it fit for such purposes j we know how dif- ficult it is to know the private sentiments of men's hearts ; in such cases men often conceal their real in- clinations under the cloak of a feig;ned zeal for the di- rect contrary opinion ; which w^ould make it very difficult for a jTovernment that had any designs against the liber- ties of the people, to know what officers were to be turned out, or who were proper to be continued, or to be put in the room of those turned out. It would be impossible to accomplish this in a year's time, and if any such practices were begun, if any steps should be made towards modelling the army for a bad purpose, the par- liament at their next meeting, would most certainly take notice of it, and Mould apply a proper remedy before it could be .possible for any prince or administration to make the wound incurable ; and therefore, my lords, I must still be of opinion, that our army, Avhile it is con- tinued from year to year by parliament, cannot be of the least ill consequence to our constitution, were it much more numerous than \\hcit is now proj)Osed. On the Other hand, my lords, the danger of reducing any part of our 01 my is very great. A\'e know that sucii reductions have oltcn been attended m ith designed inva- sions or insurrections against the government ; this is a danger we knov,- by experience, and therefore, in com- mon prudence, we ought not to come into any measure by which our country may be again cxjjosed to such a danger. It is probable that none of tliose invasions lately intended against us would have been successful, though they had got safe asiiore ; I hope no such ever 342 * EARL OF BRISTOX.. [A-D, 1738. ,^vill ; but every one of them, if they had landed, would have thrown the nation into terrible convulsions. Is then, my lords, the peace and quiet of our countiy of no consideration ? Shall we expose our country to frequent .alanms and confusions, for the sake of avoiding an ima- ginary danger a fear which can have no foundation, as long as our ai'my is continued only from year to year by parliament ? We know, my lords, that there is a party in the na- tion disaffected to the government; tliere always will, I am afraid, be such a party ; and they, or at least a great many of them, will always join any invasion that can be made upon us. Even out of charity to them, we ought not to afford them any hopes of success by disbanding a part of our army ; while they have no hopes of success, they may grumble a little in private, but they will never venture to rebel openly against the government; and while they continue in a peaceable state, they may live easily as subjects ; they will at least preserve tlieir lives and estates from being forfeited by the law : whereas, if we reduce our army, it will encourage foreigners to in- vade us ; it will encourage the disaffected to rebel against the government; the nation will never be free from alarms ; and we must be every now and then executing, or at least forfeiting some of our countrymen, perhaps some of our relations. EARL OF BRISTOL. His Speech on the same. My Lords, I HAVE often heard the present argument 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. 1733.] ' HORATIO WALPOLK. 343 wick ; perhaps I repented of what I did at that time, be- cause of tlie turn that the affairs of Europe took soon after. Jjut I am fully convinced, I shall never have occasion to repent of being for the reduction now proposed. For my part, my lords, I cannot but say, that the question how before us, puts me in mind of what happened to a farm house of mine in the country. The wall of tJie house upon one side had failed, and tlie house had sunk a little ; yet it might have stood for many years M'ithout any necessity of pulling it quite dow n in order to be re- built ; for which reason, I believe, I should have then contented myself with repairing it a litde, and adding some butti'esses to that wall which had failed ; but some workmen persuaded me that they could raise it up, and repair the wall without pulling the house down ; and I being prevailed on, to work they went ; but in plant- ing posts and other engines to raise up that side which had sunk, I do not know how, whether by design, or by the unskilfulness of the workmen, they raised the house so high on that side, that they tumbled it quite oveik MR. HORATIO A\ ALPOLE. Ilis Speech in Reply to some Ammadveraions tJirozv?i out against the Ministi'ij by Mr. Pultenay. Sir, 7 HE honourable gentleman who spoke last, ended his speech with saying, thai he m ould not willhigly fling the first stone ; but it seems he had then forgot \\ hat he had said but a very little before, by wiiich, if he did not fling a stone, he at least, in my O[)inion, threw a verv great pebble at the whole house. After having told us that it was not allo\^able to say any thing against what was done by the majority of this house, he said, that there were, notwithstanding, some methods of speak- ing, which were not against order, and by which gentU- 344 HORATIO WALPOLE. [a. D. 1733. inen might be made to feel that an answer might be given to what the majority thought unanswerable ; then he talked of scandalous things havinor been done in for- mer parliaments by a corrupt majority. Now, sir, I would be glad to know how this house can feel any thing that is said of former parliaments, unless it be meant that the present parliament is of the same naturei 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 particularly, that I believe every gentleman 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- rel tliat gentleman and his friends have with it is, that they do not know how to answer it. The honourable gentleman likewise mentioned the cas^ of a patient and his physician ; but I leave the world to judge who most deserve the appellation of quacks ; they ^^ ho have the proper degrees, and m ho 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 against all those in the regular practice, and endeavouring to per- suade people in good health, that they are in a danger- ous condition, and that if they do not immediately dis- charge all their regular physicians, and swallow their quack powders, they must inevitably perish. 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 he would represent ; if those gentlemen would fairly and openly enter into the consi- deration of the state of the nation, I will defy that gen- tleman, or any other gentleman, to shew that those in the administration have acted any part, or entered into any measures but that were, at the time they were A. D. 1733.] HORAT?io walpolf;. 345 p ~ transacted, tlie most ^coiisistent with the intercuts of (ircat Britain of any that could be then thought of, or. entered into. Gentlemen may give to the present admi- nistration the name of a shifting administration; gentle- men may say that they have wheeled about irom court to court ; but upon inquiry, it will appear that they have never shifted or wheeled, but when the interest of their country required it ; and that if there has been any shifting or wheeling, it was always owing to a change of the* measures at other courts. As long as any.poncrin friendship or alliance with us, continued to act agreeably to the interests of Great Britain, so long we continued tirm to them; but when any of them bcjjan to enter into measures which were directly opposite to our interest, we then likewise chans-cd our measures, and had re- course to other powers, a\ lio from that moment became our more natural allies, lliis, sir, has been the me- thod always observed by those in the administration ; but I know who they are A\ho have shifted and wheeled -with quite anotlier view than that of the interest of Great Britain ; when we were in friendship with France, they were caballing with the ministers and agents of the emperor; when tiie fij.ce of affairs changed, and. our friendship with t\\ emperor was restor'^d, 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 vvliO call themselves patriots, have laid this down as a lixed priu- riple that they must always oppose those measures which are resolved on by the kings ministers; and con- sequently, must alwayseiidcavour toshew that those mea- sures are wrong; 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 whicli tlie interest of their coimtry is very much concerned. Their language at present is, as I suppose. ' Do not let us declare our opinion, let us 346 MR. CAMPBELL. [a. D. 1733. wait till we know what part the ministry takes, and then let us endeavour to shew that they ought to have acted quite otliervvise.' If I may be alloAAcd to use a low si- mile, they treat the ministry in the same way as I am treated by some gentlemen of my acquaintance, with respect to my dress : if I am in plain cloaths, then they say I am a slovenly dirty fellow ; and if by chance I have a suit of cloaths with some lace upon them, they cry, What, shall such an awkward fellow wear fine cloathg } So that no dress I can appear in can possibly please them. But, to conclude, sir, the case of the na- tion, under the present administration, has been the same with what it always has been, and always must be : for to use another 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 port, the word was steady steady ; but when the wind began to shift and change, the word came then necessarily to be : thus thus, and no nearer. MR. CAMPBELL. (Member for Pembrokeshire.) He seems in this debate to have steered clear of any think like coin- mon sense, with such dexterity, that it would be no difficult mat- ter to pronounce him more knave than fool. A man cannot be so ingeniously in the wrong by accident. There is a striking re- semblance between the arguments here used, 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 politics is worn ; how completely every topic relating to it is exhausted; how little is left for the inven- tion of low cunning to plume itself upon, or for honest ambition to boast of ! Those who have it in their power may very wisoly devote themselves to politics, either to serve their own ends, or to serve the public : but it is too late to think of acquiring dis- tinction in this way. A man can at present only be a retail dealer A. p. 1733.] MR. CAMPBELtL. 347 in politics : he can only -keep a sort of hvickster's sfcop of ready made goods. Do wjiat he can, he can ouiy repeat what has already been said a thousand times, and make a vain display of borrowed wisdom ot folly. " Twas mine, 'tis his, and may be any man's." ^hat gratification there can be in tliis to any one, who does not live entirely in the echo of his own name, 1 do not understand. I should as soon think of being proud of wearing a suit of second hand clothes, or marrying another man's cast-oft" mistress. In the beaten path of vulgar ambition, the dull, the mechanical, the superficial, and the forward press on, and are s,uccessful, while the man of genius, ashamed of his competitors, shrinks from the contest, and is soon lost in the crowd. His Speech against a Bill to Prevent Officers of Go- vernment from sitting in Parliament, Sir, In my opinion, this bill is one of the most extraordinarj^ and most unreasonable bills I have ever seen brought into parliament. It is, I think, not only unreasonable, but in several respects unjust For, as to the electors, the people of Great Britain, it is certain that tliey are the best, and, indeed, the only proper judges, who are the most capable, and the most proper persons to represent them in parliament ; and for us to pretend, by a law, to lay a restraint upon them in their choice, is certainly do- ing them very great injustice. If the people, the elec- tors of any shire, city, or borough, make choice of a ^en- tleman to represent them in parliament, who has an employment in the government, that very clioice is a suf^cient 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 parliament, 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 is a certain sign tliat they continue to think him the 54R MR. CAMPBELL. [a. D;' 17S3. mpst proper person to ref)resent them, notwithstanding his having accepted of a place or enipioymcnt under the croiA'n. 'J'hen, as to the gentlemen who are row, 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. Have not they, therefore, as good a right to stand candidates for being chose members of parlia- ment,' as any of those gentlemen who are out of employ- ment ? And if the people do them the honour to clioose them, why should we, by a law, deprive them of that ho- nour, which the people have thought lit to confer upon them ? Is it not robbing them of a part, at least, of those rights which tliey have a just title to as Englishmen, or as tree Britons ? . J]y this bill I must like^vise think there is a very great piece . of injustice done to the crown. I cannot but tliink it a very extraordinary thing to put such a mark of disgrace upon all the officers employed by the crown, as to exclude them froni the right of having seats in parlia- ment, and that for no other reason but because the kins has thought them >vorthy of serving their country in some office, civil or military, under him. It is really not only putting an affi'ont upon his pi'esent majesty, but even upon the crown itselt, and rendering it im|X)s- sible for our government to subsist under its present form; for if such an ignominy shall be put upon all those whoshall, accept of any employment under the crown-, as to ren- der them incapable of serving their country in parlia- ment, whicli is one of the highest honours a gentleman can have in this country, ^vhat gentleman of family or fortune, of honour or capacity, will accept of any em- ployment under the crown ; and thus, by rendering it im- possible for the kiiig to get any man of family or fortune, of honour or capacity, to serve under him, you will ren- der it impossible for our government or constitution to subsist under a monarchical form. Should the bill now before us pass into a law, I think A. D. 1733.] ' MR. CAilPBEI.L. - ii4^ it is easy to foresee the consequence. It would liini^' tlie house of commons into the highest contempt ; or it vvould bring all those gentiemen, who accept of tiny of- fice in the government, civil oniiilitary, under conten)[t.. It is natural for every. man to endeavour to render con- temptible, that honour, that post, or that thing, v* liicU he knows he cannot attain to. The gentlemen of the army, tire navy, or in civil office, knowing that by la^v 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 contempt- ible in the eyes of the people ; and we need not doubt but that the clergy would join with the rest, because I thhik they are already excluded. On the other hand, the gcii-. tlemen of the house of commons, and tliose a\ ho might continue to be eligible into tliis house, m ould endeavour to support the honour of this house, by endeavouring to render contemptible all those who acce))ted of any post or employment, either in church or state. Is it nxH. much to be feared, that such an unnatural division as this might, in the end, prove i'atal to the constitution r For tlie success of either party would certainly overtmn our present form of governrncnt . I will not say, but the country gentlemen are very proper representatives of the people ; and I believe the majority of tliis house will always consist of such, as ii: has formerly done ; but I believe it will be granted me, that it is necessary, for dispatching tlie business that properly comes before this house, to have likewise soni^ of those gentlemen among us, who belong to, cind are acquainted with the manner of tiansiicthig business in tlie several uteat offices under the government. Everir gentleman \\ho has been but a short tune in this house, and has attended to the several so^ts of business that have come before us, and the severtd sons of papers and accounts we liave from time to time found it necctJ- sary to call for, must have taken notice that tiie lious^r uould have been sometimes greatly lewildc'red. if v"t; 350 SAMUEL SANBYS. [a. D. 1733. had not had some gentlemen among us belonging to the public offices, capable of explaining to the house the matters \vhich we then happened to have under our con- sideration ; which must convince every man of the ne- cessity of having some such gentlemen always amongst 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 that influence for the future ; but as I am convinced that a man's being in 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 oc- 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 1 am against committing it. SAMUEL SANDYS, (Member for Worcester,) Wss one of the most frequent and able speakers of this period. What his principles were I do not know: for the side which any person took at this time, was a very eOjUivocal test of his real sentiments ; toryism, through this and the preceding reign, ge- nerally assuming the shape of resistance to the encroachments df the prerogative, and attachment to the liberties of the people. His Speech in R^ply. Sir, As this bill met with no opposition, either when it was moved for, or w hen it v.as brought in and read the first * This is an entirely new view of human nature, different from any that hail been hitherto conuitonly received ! A. D. 1733.] SAMUL SANDYS. . 351 time, I was very little apprehensive that we should have had any debate upon it ; and much less was 1 appie- 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 desen'e the name of a bill, till it has lione through the committee, where tlie 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 this 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 was thought reasonable by this house, it must now be thought much more so, \vhen the number of placemen is much greater than it was ever heretofore. The M-orthy 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- nom to be employed by the crown ; as to which I shall tak(6 notice in general, that, by the same method of rea- soning, he may pretend to shew us that all the laws that were ever made for regulating elections were unjust, and were encroachments upon the rights of the people. I shall readily agree with him, tl-at the people are the pro- perest judges A\ho ought to be chosen by them for repre- sentatives in parliament ; and I am confident, tliat w ere 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 beinUKfi or NEWCASTLE; [a. D. 1733., may conclude, that there will always be plots and con-; tjrivances in this kingdom against the person in posses- sion of the throne ; and while there is a pretender, he may have, without all doubt, his agents in the army, as well as he has every where else : under such circum- stances it is not to be doubted, but that some of the of- liceis may, at sonie time or other, be drawn away from their duty to their king and country; some of them may happen to be misled, and drawn into engagements against his majesty's person and government ; and while liis majesty is in such danger, shall we put it out of his power to remove those officers from their commands in the ai'my, though he has certain information of their being in a plot to overthrow his government, perhaps even to take away his life ? This, my 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 ^^'ould 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 not 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 ^^hich the plot Avas at first discov cred, and the whole progress of it traced, must then become publicly known, by which all further discovery would be ciVertually prevented ; and if the bill now presented should pass into a law, h]s majesty would be under a necessity of laying all these proofs immediately before a court martial, or of allowing such treacherous officers, perhaps even one of his chief generals, to continue in command, by which they might probably 1)C enabled to render their conspiracies successful. For which reason I hope, tliat none of your lordships will approve of this bill, \vhcn you consider how dangerous it may prove to be for our present happy establishment, and how much it may weaken the hands of the government agauist any A. D. 17^3.] DUKE OF NEWCASTLE. ^^Q attempts that may hereafter be made in favour of the pretender. Besides tliis, my lords, there arc many other cases which miglit be mentioned, wherein his majesty might have very good reason to remove an officer, though it would not be at all proper to make that reason so public as to lay it before a couit martial. There are likewise many litde crimes which an officer may be guilty of, and for which he might highly deserve to be removed, and yet tliese crimes may be such as could not well couje un- der the cognizance of a court martial ; at least it .m ould not be possible to obtain a sentence of a court mai'tial for the removing of such an officer : for when gentle- men sit in judgment upon a brother officer, in order to determine whether he ouo;ht to be broke or not, it is to be supposed that they will not pass judgment against him, unless some very enormous crimes be fully proved before them ; which would make it impossible to keep up that strict discipline and regular subordination, that must be observed in all regiilar armies, or indeed in any army fit for service, or that may be depended on for the defence of a country. I nmst indeed sa}-, my lords, that if any attempts had vvcY been made towards modelling the army, and making it lit for any bad purpose, there might then have been some occasion for proposing such a bill as this now be- fore us ; but as no such attempts have ever been made, as no such attempts can be so much as a})]jrchended from his present majesty, I am therefore surprised to hear such a bill so much as proposed in this house, at present. I am sure the passing of such a bill, at pre- sent, would l)c a subjecting of tiic nation to many great and certain dangers and inconveniences, for the sake of uvuiding an inconvenience that has never been felt by any, but in imaginalioii ; and for this reason I must be a'>-ainst iiivinu; th(' bill a second readhiiz. 360 EARL OF ANGLESEA. [a. D. 1733. EARL OF ANGLESEA. His Speech en the Motion for the Removal of the Duke of Bolton and Lord Cobham from their Regiments. ]My Lords, I VOTED for the biU, Avhich your lordships have been pleased to reject ; and I voted for it, because I heard what 1 thought very strong and convincing arguments offered for it, and not the >east shew of argument against it. ^Vliat tlie noble duke was pleased to take notice of, was a very afraid, than most men can brag of in this degene- rate age. As for those who are quite abandoned, and governed entirely by their own seltish ends, I believe it is not possible to make them honest or virtuous ; but surely there arc degrees both of vice and virtue. All men arc not ecjually vicious ; and if we could, bv the bill's being passed into a law, l)ut have preserved the virtue of some, it Avould certainly have been worth our while ; we could afterwards have amended it, if we had found, that wliat was done was not sufficient As to the address now proposed, I cannot see, my lords, how it is possible that an humble address from ci- ther house of parliament can be deemed an attack upon the prerogative of the crown, llis majesty, or anv of his successors, may make what use they please of any of the prerogatives of t'ne crown ; but it is certain, that if ever any bad use is made of those prerogatives, the par- liament has a rig! it, nay, it is tb.eir tluty, to inquire into it, and to dcsivc his inajesty to acc|uaint them "who it was that advised him to take such a step. This has al- Asays been the }.)rartice ot parliament, as to every pre- rogative that was ever cl-iimed by the crown. Tliis is the very case now before us : his majesty has made use of his prerogr.tivo in removing two noble lords from their commaiuls in t!ie army. These reniovais have oc- casioned a mo,-^t !!;:ivc:r-al complaint throu'.di the whole nation, because it is gonerally believed, that there were no sufficient or good reasons for removing them ; and a=i it is llie ditty majcstv :^6'Z EAHt OF ANGLESEA. [a. D. 1753. shall not b}^ any step he may be advised to take, incur the general censure of the people ; therefore this gene- ral complaint that has been raised, is a most sufficient Ibundation for the address now proposed. His majesty's conduct is no m ay concerned in the question, it is only the conduct of those m ho advised him ; if they advised hiiH AN ell, they "will be justified by wjiat is now proposed ; if they advised him ill, they certainly deserve at least the censure of this liouse : but to tell us that his ma- jesty's conduct is, or can be concerned, in any such question, is directly to tell us, that tlie parliament of Great Britain shall never inquire into any thing, that 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 signification in the present question; the cause of removal is what your lordships are to inquire into : for if those two noble lords were removed only as an example to others, one example may serve to keep hundreds in awe ; and if that example was made, only to serve a ministerial end, it may be of the most fatal consc(j[ucnce to our constiUilion. For this reason 1 .shall bo 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 -w ere removed from their com- jnands in the army, for no cause ; at least, for no cause tliat can well be publicly avowed. AD. 1733.] SIR JOHN ST. AUBix. 363 SIR JOHN ST. AUBIN, (Member for Curtmall,) Was one of that phalanx of ability and energy, that regularly with- stood the insidious encroachments, and undennining influence of VValpole's administration. Their motives for this were no doubt various; but the knowledge, the soundness of understanding, the firmness and perseverance they displayed in pursuit of their object, cannot be too much admired, and have never been surpass- ed. The great questions which had occu[)ied mens' minds from the time of the revolution, and which still continued to agitate them as much as ever, the interest in thein being kept alive by the doubtful issue of the contest, had given them a maniy lone, a solidity and fervour which could hardly be produced in any other circumstances. I may say that men's minds were never so trulv English as they were at this period. Even the leaven of Jaco- bitism, which was mingled up with the sentiments of many of the party, must have contributed to add a zest, a poignancy, a bit- terness of indignation to their opposition to that overbearing in- fluence, and despotic, sway, for the undue exercise of which they had seen a family, to which they v ere strongly attached, driven from the throne. The principles of liberty assented to by both panics, also gave a freedom and animation to the debates of this period, and an advantage in attacking any unconstitutional or un- popular measure, which nothing but the great abilities of the minister, aided by the general contidciice in tlic government, could have resisted so long as tli^y did. 'i'he following speecii of sii J. St, Aubin, has been often referred to, and it is one of the most elegant and able comjit'silions to be found in the records of the house ol commons. Sir John Si. .-IkI'iji'-s Speech on the Triennial Bill. ^fr. Speaker, The honourable gentleman who made you this mo- lion has supported the necessity of it by so many strong ;uifl tbrciblc arguments, that there i.s lianllv am tiling 564 SIR JOHN ST. AUBIN. [a.d. 1735, new to be offered. I am very sensible, therefore, of the disadvantages I must lie under in attempting to speak after him, and I should content myself with barely se- conding him, if the subject matter of this debate was not of so great importance, that I should' be ashamed to return to my electors, ^vithoLlt endeavouring, in the best manner 1 am able, to declare publicly the reasons which induce me to give my most ready assent to this ques- tion. "Tis evident from what has been said, that the people have an unquestionable right to frequent new parliaments by ancient usage, and that this usage has been conhrmed by several laws, which have been progressively made by our ancestors, as often as they found it necessary to in- sist on this essential privilege. Parliaments m ere generally annual, but never conti- nued longer than three years, till the remarkable reign of Henry VIII. He Avas a prince of unruly appetites, and of an arbitrary will ; he was impatient of every re- straint ; the laws of God ajid man fell equally a sacrifice, as they stood in the way of his a\'arice, or disappointed his ambition. He tlierefore introduced long parlia- ments, because he very well knew that they would be- come 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 ; he had certainly an innate love for religion and virtue ; and of consequence, for the liberty of his country, But here lay the misfortune. He was led from his natural disposition by the insinuations of sycophants and flat- terers ; they advised him to neglect the calling of fre- quent parliaments, and therefore, by not taking the con- stant sense of his peoj)le 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 tliat independent futul power, which at last most unhappily brought hiir^ A.l). 1733.] Sin JOHN" ST. AUBIN. 365 to his most tragical end,, and at the same time subvertLKl tlie whole constitution. And I hope we shall learn this lesson from it ^ncver to compliment the crown with anv new or extravagtmt powers, nor to deny the people those i-ights which by ancient usage they are entitled to ; t>ut to preserve that just and equal balance h'oni which they will derive mutual security, and which, if duly observed, will render our constitution the envy and admiration of the world. King Charles II. naturally took a surfeit of parlia- ments in his father's time, and was therefore extremely desirous to lay them aside. But this was a scheme im- practicable. Hovv'ever, in clFcct he did so, for he ob- tained a parliament, which by its long duration, like an army of veterans, became so exactly disciplined to his own measures, that they knew* no other command, but from that person who gave them their pay. This was a safe and most ingenious way of enslaving a nation ; it was very well known tliat arbitrary power, if it was open and avowed, would never prevail liere. The people were therefore amused with tiie specious form of their ancient constitution : it existed indeed iu their fancy, but, like a mere phantom, had no substance' or rcalitv in it : tor the power, the authority, the dig- nity of parliaments were wholly lost. This was tliat re- markable parliament, which so justly obtained the op- probrious name of the Pension Parliament, and was the model, from which, I believe, some later parliaments have been exactly copied. At the time of tiie revolution, the people made a. fresh claim of their ancient privilejjcs ; and iis they hiul lately experienced tiie misfortune of long and servile parliauients, it was then declared, that they should be held frequently. But it seems, their full meaaing vvas not undejstood })y this declaration ; and tiierefore, as in every i^^^^' settlement, tlie intention of all ()arti(fj sliould be specifically )nanifested; tlie parliament never aeascd stru^srliu!^ with the cro-.vn 'till tJie trienrj;;ji Ja-^ S66 SIR JOHN ST At'BIK. [a. D. 1733. was obtained ; the preamble of it, which the honourable gentleman has recited, is extremely full and strong ; and in the body of the bill you w ill find 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 tlierefore stands as part of that original contract under Mhich the constitution was then settled. His majcstys title to the crown is primarily de- rived from that contract; and if, upon a review, there shall appear to be any deviations from it, we ought to treat them as so many injuries done to that title. And I dare say^ that this house, which has gone through so long a series of services to iiis majesty, Avill at last be willing to revert to those original stated measures of government, to re- new and strengthen that title. But I think the manner in which the septennial law was first introduced, is a very sti'ong reason why it should be repealed. People in theiir fears have very often re- course to desperate expedients, which, if not cancelled in season, ^\ill themselves prove fatal to that constitu- tion, A\hich theyAvcre meant to secure. Such is the na- ture of the septennial law ; it was intended only as a presenative against a temporary inconvenience. The inconvenience is removed, but the mischievous effects still continue ; for it not only altered the constitution of jvarliaments, but it extended that same parliament be- yond its natural duration, and therefore carries tliis most unjust implication with it, that you may at any time usurp the most indubitable, the most essential privilege of the people, I mean that of choosing their o^^ n repre- sentatives ; a precedent of such a dangerous conse- quence, of so fatal a tendency, that I think it would be a rej)roac}i to our statute book if that law was an)' longer to subsist, which might record it to posterity. 'J"i)is is a season of virtue and pubhc spirit. Let us take ath anta2;e of it, to repeal those laws which infringe on our liberties, antl introduce such as may restore the viiiour of our ancient constitution. A. D. 1733.] SIR JOHN ST. AUBIX. 367 Human nature is so very corrupt, that all obligations lose their force, unless they are frequently renewed. Long parliaments become, therefore, indejDcndent 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 of 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 withdrawn their attention from them. The influence of the crown is daily increasing ; and it is highly refjuisite 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, will 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 tiie apprehensions they may have had of an approaching election. It is true, tliere is a pronsion against such whose places vacate their seats here ; but this is no guard against secret pensioners and placeholders. Give me leave to say, that the laws with resjiect to them are very insufficient ; and as avo were not allowed to make them effectual, the pcopk; have no other remedy but a new election. I think that long parliaments are a great hard- ship upon those, v.ho may be excluded out of this house, and ousiht reasonablv to take their turn ; but seven years IS the. purchase of a man s life : it is equally hard upon such, whose private fortuiies will not admit them to engage in so lon'>; niul painful a service : it must be so to those, who mean no private view nor advantage by it. 1 think, too, nothing can be of greater use to his ma- jesty than frecjuent new ])arliainents ; that he may often take the fresh sense of the nation, and not be partially 26s SiR JOhN ST. AUBIN. ' [a. d. 1753. advised; for his measures nill always have a greater weight, both at home and abroad, the more generally he refers iiimyclf to the opinion of iiis people. A fartlier mischief of long parliaments is, that a mi- nister has time and op[)ortunities of getting acquaintance witli nicmbei's, of practising his several arts to win them into his scliemes ; but tliis must be the work of time ; cor- ruption is of so base a nature, that at first sight it is ex- tremeiv shockini^. Hardly any one has submitted to it all at once ; his disposition must b previously under- stood, tlic particular bait must be found out witli which he is to be allured, and after all, it is not without many struggles that he surrenders his virtue. Indeed there are some ^vho will at once plunge themselves over head and eU's into any base action ; but the generality of mankind are of a more cautious nature, and will procetd only by leisurely degrees. One or two perhaps have deserted their coioursthe first campaign ; some have done it a se- cond ; but a great niany, who have not tlrat eager dispo sition to vice, will wait till a third. For this reason, short parliaments have been less cor- rupt tlian long ones ; they arc observed, like streams of water, always to gro\v more im{)urc, the greater distance they run from the fountain head. I am aware it may be said that frequent new parlia- ments will produce frequent new expences ; but I think (juitc the contrary. I am really of opinion, that it will be a pro[)cr remedy against tiie evil of bribery at elec- tions ; especially as you have provided so a\ holesome a law to co-operate upon those occasions. As to bribery at elections, whence did it arise? Xot from country gentlemen, for they are sure of being cho- sen without it. It was the invention of wicked and cor- rupt ministers, wiio have from time to time led weak princes into such destructive measures, that they did not dare to rely upon the natural representation of tlie people. Long parliaments first introduced bribery, because tliey were worth purchasing at any rate. Country gentlemen. A. D. 1733.] SIR JOHN ST. AUCIN. 3^9 wiio have only their private fortunes to rely upon, and have no mercenary ends to serve, are unable to oppose it, especially if at any time the public treasure shall be unfaithfully squandered away to corrupt their boroughs. C ountry gentlemen indeed may make some weak efforts, but as they generally prove unsuccessful, and the time of a fresh struggle is at so great a distance, they at last grow faint in the dispute^ give up tlieir country for lost, and retire in despair. Despair naturally produces indo- lence, and that is tlie proper disposition for slavery. Ministers of state understand this very well, and arc therefore unwilling to awaken the nation out of its lethargy by frequent elections. They know that the spirit of liberty, like every other virtue of the mind, is to be kept alive only by constant action ; tliat it is impossible to enslave this nation whilst it is perpetually upon its guard. Let country gentlemen, then, by having frequent oppor- tunities of exerting themselves, be kept warm and active in their contention for the public good. This will raise that zeal and indi2;nation which will at last get the better of that undue influence by which the officers of the crown, though unknown to the several boroughs, have been able to supplant country gentlemen of great characters and fortune, who live in their neighbourhood. I don't say this upon idle speculation only ; 1 live in a country where it is too well known ; and I will appeal to many gentlemen in the house, to more out of it (and who are so for this very reason,) for the truth of my assertion. It is a sore which has been long eating into the most vital part of our constitution, and I hope the time will con;e wiicn you will probe it to the bottom. Tor if a mini::;ter should ever gain a corrupt familiarity with our boroughs, if lie should keep a register of them in his closet, and by scndint]; down liis treasuiy mandates should procure a spurious representation ot the people, the oifspririg ot his corruption, who will be at all times ready to reconcile and justiiy the most contradictory measures of his ad- niiiiistration, and even to vote every crude indii^csted VOL. I. fib 370- SIR JOHN ST. AUBiN. [a.d.1733. di'eam of their patron into a law ; if the maintenance of his power should become the sole object of their atten- tion, and they should be guilty of the most violent breach of parliamentary trust, by giving the king a dis- cretionary liberty of taxing the people without limita- tion or control, the last fatal complinient they can pay to the crown; if this should ever be the unhappy cir- cumstance of this nation, the people indeed may com- plain, but the doors of that place a\ here their complaints should be heard, will for ever be shut a2;ainst them. The power of the 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, 1 fear, is of a complicated nature, and I think that this motion is wisely intended to re- move the first and principal disorder. Give the people their ancient right of frequent new elections, that will re- store the decayed authority of parliaments, and will put our constitution into a natural condition of Avorkins; out her own cure. Upon the whole, I 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. A. D. 17S3.] SIR WATKIN;WILLIAM WYNNE. 371 SIR WATKIN WILLIAIMS WYNNE Was member for Denbighshire. It cannot be denied that the follow- ing speech is a real and close examination of the question. Sir JVatkin JFilUams Wijnncs Speech on the saine.''^- Sir, 1 am surprised to hear it insinuated by the lionourable gentknian who spoke last, as if the motion now before us was made with a view to distress iiis majesty's govern- ment, or to disturb the peace of the nation. Sucii an in- sinuation is really not treating the gentlemen who have spoke in favour of the motion with that candour which one gentleman has reason to expect from another in this liouse, nor indeed can I look upon it as any compliment made to his majesty or his government. It is not to be - doubted, but that his majesty, in ail the measures he pur- sues, looks a little further than this liouse. It is not to be rjuestioncd, but that iiis majesty looks for the appro- bation of the goneraUty 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 goverur- inent, bat will lireutiv strenjithen it, bv shewinir frc- quentlv 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 pres'jrved by triennial paritamcnts as ever it was by septennial ; so that liie agreeing to this motion cannot disturb the })eacc, buttlie rejecting itnmy very probably have such an effect : for tlie generalitv of t;ie people so earnestly desire to have triennial parlia- ni.aits restored to liicin, that the rcf ising to conipiy u it'o li b ^J 372 SIR WATKIN WILLIAMS WYNNE. [a. D. 1733. their desire cannot but increase tlie number of the disaf- fected, which ma}' at last throw all things into eonftision, and may perhaps destroy that establishment to which we owe every thing that is dear to us. I shall readily grant, sir,, that ever since we have had septenriiid parliaments, our elections have been generally attended with distractions and confusion ; but 1 cannot alloAv that this would be the case if our elections were annual, or even triennial. They would then be carried on with nuich less heat and animosity ; for every man knows that the disturbances about elections have been much greater since the septennial bill took place than ever they were before : and I -^ould gladly ask gentlemen, if be- fore that time it was ever known that the solicitations and contentions about elections beaan two vcars before the choosing of a new parliament, wiiich is k^o^vn to be the case at present over the whole kingdom, and -^^ hich must always necessarily be the case ; it being natural lor men to contend with more vigour and Avith more heat for a post either of honour or profit, that is to be enjoyed for seven years, than for one that is to be enJo3'ed but for one, or for three. Then, sir, as to bribery and coiTuption at elections, I am sure it- has very much increased since the sejotennial law took place. It is a natural consequence of length- ening the time of a parliaments continuance, a conse- quence so natural, that I am surprised to find it so nuich mistaken, as it seems to be by some gentlemen who liave spoken on the other side of tlie (juestion. It is certain, sir, that bribery will never be made use of at any elec- tion, but bv a man who has not a sufficient natural inte- rest in the place where he dc chires himself a can(hdate, and by such we may expect it will ahvays be made use of, as far it can be done with safety, if the candidcite has but the least hopes of succeeding by such disliunour- abie means. \V'here 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 his na- A. D. 1733. J SIR WATKIN WILLIAMS WYNNE. 373 tural bias, if lie is not bought off. Wlioever cndcavoum to buy him off must certainly come yp to his price, and this price will be higher or lowei', according to the elec- tor's honour and circumstances, and the natural bias he has for the other candidate. A great many men may be perhaps bought off with 100 or 1000 guineas, when if half that sum ^rere offered, they would spurn it away with an honest disdain. 1 hope, sir, there are a great many electors in this kingdom, whose honour upon such occasions is above thejT^^ver of any such corrupt tempta- tions ; but that there are likewise a great many who may be bought, is a fact, which I believe no gcndenmn in this house will dispute ; and in this view let us examine the diiierence between triennial and septennial parlia- ments. Give 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 citizen of London, or a place- man, not near ecjual to him in interest, but depend- ing entirely upon the money he is able to h\y out. Sup- pose the citizen or place-man comes to a calculation, and finds that it will cost him at Icjist :3000l. to buy the country gentleman out of his interest in that borough : if the parliauient were to continue but for thiee years, he would N'cry j)robHbly resolve not to be at sucli an ex- pcuce, and so would refrain from being guiltv of tiie crime of corruptiui^ his countrvmen ; but when t'le par- ii.unent is to continue for seven years, he may as proba- blv resolve to beat that elKirg(\ Thus, l)y coiiuption,- b.e may get a seat in this house; ;uid it is to be feai ed, liiat hev>!io comes in here by eoirupli'ni^ will nut walk out with clean hands, (icntleinen are very mnch iiiistaktn if they iinauiuc the price of an election depends upon the duration of ;i, })ailiament, or that a man vvho sells hi.-, vote for iOOirui- iieas at the eleclion of a se[UeniiiaJ [)arHaineiit; would sell 374 SIR WATKIN WILLIAMS AVYNNE. [a.D. 1733 his vote for the half of that sum, 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, are what 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 may 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 tlie numbers will be of those who yield to his tem{jtation, the more 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 mnn to rorr-jpt. There is no corrupting any man but by coming up to his price ; therefore the only ^ay of putting it out ofthe power of any man to corrupt, is to [)utit out of the po\ver 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 vaovc irequcnt the better. It is eertaio, a gentleman a\ ho cnjovs a good pension for seven years, is more able to give a hWh \n\cc, than if he had enjoyed that pension but for one year, or even for three ; and hv will more \viilingly give a high price, when he k A. D. 1733.] SIR WATKIX WILLIAMS WYNNE. 37S thereby to purchase the continuance of that pension for seven years, than when he is to purchase it only for one or for three years. This, sir, is so evident, that I am astonished to hear it controverted within these walls. - If our parliaments were annual it would be impossible for place-men or pensioners to save as much yearly as would be sufficient to bribe country gentlemen out cf their interest, aixl the electors outof their honesty- which I am afraid is a practice now too frequent in many parts of this kingdom. How can it otherwise be imagined that the people would choose persons they never saw, persons they perhaps never heard of, in opposition to gentlemen who live in the neighbourhood ; gentlemen w ho 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 ancestors have perhaps often represented that very place in parlia- ment with great honour and universal approbation } I remember, sir, I was 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 borougli lie represented in parliament, nor had ever seen or spoke with any of his electors; and I be- lieve I could, w ithout much difficulty, name some mIio are now in the same situation. Can such, sir, be called the representatives of the ])cople ? or can it be supposed thnt thcv arc chosen bv niean-^ of that natural interest by wiii -ii (,^very nran ouiilitto hold his scat in this house ? Tih" parliament, sii\ is the great council of tiie nation, and the Ijusiness cf lliis house hi particular is to repi'e- sent to iiis majesty tiic grievances of the people ; to in- form his majesty ii" any ol his ministers or oliicers make an ill use ot" the power h(^ dele'^ates to them; and to im- peach and p*rosecute such evil ministers. Now 1 would he ^lud to knov\ who are the most proper rep-rescntati\e.-. ior these jnu'poses, u'cnt'emen uho have large propcitirs in thecountrv, who are iii'iencndcntot tiic minislerb iind 376 SIR WATRIN WILLIAMS WYNNE. [a.D. 1733. officers of the crown, and who by living in the country are perfectly acquainted with the circumstances of the people ; or gentlemen, w ho for their chief support depend upon the ministers and officers of the crown, who know notliing of those they represent, and are not only igno- rant of their true interests, but are really indifferent about their welfare. 1 hope it will not be controverted, but that the first sort of gentlemen are the most proper representatives of the people ; and if so, annual or trien- nial parliaments are better than septennial, because there is a greater probability of their being chiefly composed of such gentlemen. As bribery and corruption, therefore, are a natural consequence of long parliaments, as it must always in- crease in proportion as the term for the parliament's continuance is prolonged, I am persuaded that all those who are against bribery and corruption will join with me in voting for the restitution of triennial parliaments. It is not the expence of an election that country gen- tlemen are to be afraid of; the most extravagant enter- tainments that a stranger in the county could give, would have but little weight, if to these he did not add downright bribery ; and even those bribes must be so high as to overbalance the natural interest of the country gentleman, as well as the honesty of the great- est part of the electors. As these bribes cannot be made so high for a triennial parliament as. they may be for a septennial, they cannot be so prevalent among the electors ; and therefore a gentleman, who depends upon nothing but his natural interest, will always have a better chance for representing his county in a triennial parliament, than he can have Tor representing it in one wliicli is to continue for seven years. For Mhich rea- son I cannot but think that every gentleman who has a mind that his posterity shall depend for their scuts in parliament upon the natural interest they may have in their respective counties, and not upon the frowns or the favours of the minister for the time beinii, must A. t). 1733.] SIR JOHN BARNARD. 377 necessarily be for our returning to our former constitution in this respect. Ihis, sirs, is in my opinion absolutely necessary ; and it must be soon done, otherwise counti'y gentlemen, tired out \\ ith contending against tliose wlio purchase their elections, perhaps witli the very money which the country gentlemen are obliged to pay out of their estates in public duties and taxes, will at last have nothing to do but to sit down and bemoan the fate of their country : but then' complaints \m11 then be to very little purpose, for the doors of that place where the groans of the people ought to be heard, will then be shut against them. We may depend on it, that those who obtain their seats in this house by ministerial in- fluence, will, while here, be directed in all their proceed- ings by the same sort of influence, and by none other. To conclude, sir, I am very certain that tiiere is nothing that would be more agreeable to the people in general than the repeal of the septennial law; and thereibre I, as one of tlie representatives of tlie people, chosen with- out bribery or corruption, and as one who have nothing to consider but the interest of tliose I represent, shall rea- dily vote for the motion. MR. (afterwards SIR) JOHN BARNARD. Was originally a merchant, and was chosen to repr<^s<>nt the citv of London in parliununt, in consequence ot' the iilnliuet; htj disphivcd on being appointed by the body ot" wine mcicbiinis to state Letoie the house of lord.s tlieir objtciions to a bill then pending. lie continued to represent the city forty years, aiid so much to the ' satisfaction of his constituents, that they erected a statue to him in the exchange, lie was knighted by George li. lit was born lO'So, and died 1704. Sir John Baniard'6' Speech on the savie. Sir, I AM a good deal ^^urpriscd to ilnd that none of those gentlemen who tisually have a i>;!v:\t share in our dc- 378 SIR JOHlf BARXARD. [a.D. 1733. bates, seem inclined to take any sliare in this. I liope they will allow it to be a question of some consequence to their country ; and, if it should be carried in the affir- mative^ some of them may perhaps find it a question of 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- men who have already spoken since I sat in parliament ; and I now stand up, not that I think any thing needful to be added to what has been said in support of it, but that I cannot think of letting a ({uestion go, in the suc- cess of which I think the happiiless of my country so deeply concerned, without my joining with other gentle- men, in shewing all the regard for it tliat lies in my power. An honourable and learned gentleman has indeed ad- vanced a doctrine which 1 think altogether new : That we arc to have no further dependence on our electors after we have taken our scats in this house ; nay, that a dependence upon them would be more dangerous than a dependence on the croM n. This, sir, is really in my opinion something very new ; though that gentleman may j)erhaps like the one better than the other, yet I shall always look u[)on a dependence on the people of Eng- land, or even those I represent, to be less dangerous and more honourable than a (lej?cndcnec on the crown ; and I value mA'self 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 uncorrupted choice of those 1 reprch-ent, than I should do on the greatest honor-rs the crown can bestow. Indeed, if 1 had obtained niT seat heie by bribery, or by the illegal and corrupt iniiuence of any great minister, I should look upon itinaverv different liglit I should look, upon it as one oithe nio^rt disiiraeeful situations I eoiild be in. It iias been affirnicci hv several gentlemen who have spoken on the other side of the (|nesli(jn, thattlie longer parliaments continued, the less inikierice the crown had A. D. 1733.] SIR JOHN bArxahd. 379 upon them ; and for a proof of this they have instanced the long parHainent in king Charles the Second's reign. The same gentlemen have Hkcn ise asserted, that triennial parliaments Avould distress his majesty's goverimient. How these two assertions are compatible, I leave to the gentlemen themselves to explain, tor to me it appears impossible that both can be true ; because, if the cro^vn has always the less influence in a pariiament the longer it continues, surely the shortening the time of its duration cannot distress any king's government. Eut as to the long parliament in king Charles's time, thougii they did not towards the end shew the same servile compliance that they had done for many years before, yet it is plain, that the crown thought that parliament titter for the purposes of the court at that time, than thcv could expect any new parliament chosen 'by the people to be. Otiierwise, as the king had it in his pow er, he w ould certainly have dissolved them m.uch sooner. And if that long parliament really deserved the nauie usually given to it, we niu-t concliule that tiieir non-com} >liance at last was not owing to their virtue, or a want of incli- nation to receive, but to a want of power in the cro'i\n to give. The people v.cyc not then accustomed to bear such heavy burdens as they do at present ; the revenues of the crown were not so large, nor the })osts and ])laces at the disposal of the crown so nunicrous. ""Jliere w as not such a nunierou- standing army to su])pcrt the par- liament in case they had gone on iu the same scr\ile meliiod. And a> thr' eornplaii;ts of tlie pcojy'e grcn\ loud and chuncror.^'. as th'ere A^as litrl;: to l)c got, ^^ith a great deal to he u;-pr( bended hy tlie eontiiHinnce of a servile comriii;ovr''\ it is very probable thr.t t];e:-o A\ere the true reas(';> < i tii .i parHau.cnfs i)e:'oii'i;;g at h:.-t so restive. And i; ^!;e i-i'ion was now in the saine !-tate it was at th?-!t- t!i:ic, I sliouid not be li'i't !-o niM'^ii alVaid of se[)tcnn:al pari:;if!.enr , as. I tiiink, 1 h.ive .:i.u(' ]Ta>on t<; ^e at present. 1 l:e anii;;o-ii-L'rien;:e may convince us of tlic contrary. Do uvt wc l.nou what a ierment -vas raised in the nation t<,>uar':!S the latter end of the lulc queen's rei'^n r and it is ^^e\l knov.n ^^hat a fj.tA chan^-e Hi the atlairs oi this n.^.lion was inlroduccd, or at lea^t 390 SIR ROBERT WAlPOLE. [A. D. 1736. confirmed, by an election coming on while the nation was in that ferment. Do not we know what a ferment was raised in the nation soon after his late majesty's accession ? And if an election had then been allowed to come on while the nation was in that ferment, it might perhaps have had as fatal effects as the former ; but thank God this was wisely provided against by the very law w hich is now wanted to be repealed. It has indeed, sir, been said, that the chief motive for enacting 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 spirit raised in the nation but ai)out a twelvemonth since, jacobitism and disaffec- tion to the present government had no share ? Perhaps some who might wish well to the pi'Esent 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 which was honestly and fairly laid before a parliament, 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 Jacobites, and such as are enemies to our present establishment, who thought they never had a fairer opportunity of bringing about what they have so long and so unsuccessfully wished for, than that which had been furnished them by those who first raised that spirit. I hope the people have now in a great measure come to themselves, and therefore I doubt not but the next elections will shew that when they are left to judge coolly, they can distinguish between the real and the pretended friends to the government. But I must say, if the ferment "then raised in the nalion hud not greatly subsided, I should have thought a new election a very dangerous cxperhneiit ; and as such ferments A. D. 1736.] GEORGE LYTTLETON. 391 may Iiereafter often happen, I must think that frequent elections will always be dangerous : for which reason, in so far as I can see at present, I shall I believe at all times think it a very dangerous experiment to repeal the septennial bill. G EORG E (LOR D) L Y'JTLETON, (The dded Son of Sir T. Lt/tfleton,) Was born I7O.9, and died 1773. He distinguished himself both as a speaker and a writer, lie appears (its far as I can understand,) to have been one of those men, who gain a high reputation not so much by deserving, as by desiring it ; who are constantly going out of their way in search of fame, and therefore can scarcely miss It ; who are led to seize on the shewy and superiicial parts of science by an instinct of vanity, as the surest nit-ans of attracting vulgar applause ; who by aiming at what is beyond them, do at least all that they are capable of; whose anxiety to distinguish themselves from others, serves them in the place of genius ; and ' who obtain the good opinion of the public merely by shewing 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 possession of real excellence, I think we ought to respect the admiration of it, and the wish to possess it, or whatever in our power come? the nearest to it. il/;\ Lyttk toils Speech on the Prince's ]\Iarriagc, IVIr. Speaker, Though I have notliing to wdd to wliat has been said .so well l)y otlier grntk.incn, on tliis luH)i)y and agreeable occasion, yet as I think that iio!K;dy siiuald be silent on a point to whicii no'Dwdy can \)C indificrent, I beg to be indulged in a tew vuirds, to declare with how much pleasure I concur in the motion that has been made you. And indeed he must be void of all affection to the safety. 39^ GEORGE LYTTLETON. [A. D. 173G. peace, and liberty of his country, who does not rejoice in the increase of the royal family, on the support and continuance of which among us, all those blessings im- mediately depend. But, 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 niean a particular regard to the happiness of the prince, which can no more be separated from our duty to his majesty, than the interests or inclinations of so good a father from those of so dutiful a son. There may be something in the dignity of persons raised very high above the rank of other men, which might set them at perhaps too jjreat a distance from the love of their inferior.^, and make us often participate no farther in their pletisures 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 Aviththe tenderness of an qual, while he relieves them with 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 every body sympathise with himself j his grief will be a national afflic- tion, his joy the joy of a ^hole people. 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 share. The most assmning minister could lay no claim to it ; it is his own act, to him we are obliged for it, and to him our acknowledgments are due. He has heard the wishes oi 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 tlic crown in a minority a nnnoritv, which is always a stale ot "'.veakness, distraction, and oppression ; a minority, tlie A. D. 173&.] GEORGE LYTTLETOX. 39$ most pernicious of all governments, because it is the go- vernment of ministers. It was tiierefore the general de- sire of every good Ehglishman, that a marriage so neces- sary to the public should no longer be delayed ; and his majesty has graciously been pleased to comply with that desire. He has removed those uneasy apprehensions, and by strengthening and increasing the royal family, he has added a new security to our happinesS;( and we may hope entailed it on our posterity. As our thanks are due to him for the marriage, they are no less so for his choice of a daughter-in-law ; a princess in whom piety and virtue are hereditary quali- ties. The eminent merit of whose great ancestor in the defence of the protestant 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 Pulteney,) who made this motion, whose great abili- ties are most equal to this, or any subject, that nothing is left for me to add, but 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 ought most joyfully to cono;ratulate his niajestvon an event which must o-ive hmi the greatest pleasure, because it does so to his people; for the satisfaction ofncidiercan be perfect but when it is reciprocal. Let us therefore join our thanks to our felicitations, and let our unanimity in doing it, re- fute the calumnies of those who dare to in.^inuate out of doors, that gentlemen who sometimes differ here from the measures of the court, dilfer at all from those whom they oppose, i mean the very best of tiiem, in sincere at- tachment to tlie government, and aflectionute regard for the roval faniilv. 394f WILLI AI PITT. [a. d. 1736. WILLIAM PITT, (Afterwards Earl of Ckatlmm,) Was born at Boconnock, in Cornwall, in 1 708, and died in 1778. He was originally an officer in the army, but was chosen member for Old Sarum in 1735. His history is too well known to need repeating here, i shall say something of his talents as a speaker hereafter. M7\ Pitt's speech on the satne Occasion. Mr Speaker, X AM unable to offer any thing 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 rny 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 express my 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 from his majesty, it must be inferior to that high satisfaction which he himself enjoys in bestowing it. And if I my be allowed to suppose, that to ii royal mind any thing can transcend the pleasure of gratifying the impatient wishes of a loyal people, it can only be the paternal de- light of tenderly indulging the most dutiful application and most humble request of a submissive, obedient son. I mention, sir, his royal highness's having asked a mar- riage, because something is in justice due to him for liaving ctsked what we are so strongly bound by all the tics of duty and of gratitude to return his majesty our most humble acknowledgments for having granted. The miirriage of a prince of Wales, sir, has at all times been a matter of the highest importance to the public welfare, to present, and to future generations; hut at no time has it been a more iuiportant, a more dear con- A. D. 1736.] WILLIAM PITT. 395 sideration than at this day, if a character at once ami- able and respectable^ can embellish atid- even dignify the elevated rank of a prince of Wales. Were it not a soit of presumption to follow so great a person through his hours of retirement, to view him in the milder light of domestic life, we should find him busied in the noble exercise of humanity, benevolence, and of every social virtue. But, sir, how pleasing, how captivathig soever such a scene may be, yet, as it is a private one, T fear I should offend tlie delicacy of that virtue I so ardently desire to do justice to, should I otter it to the considera- tion of this house. But, sir, filial duty to his royal pa- rents, a generous love for liberty, and a just reverence for the British constitution, these are public virtues, and cannot escape the applause and benedictions of the pub- lic. They are virtues, sir, which render his royal high- ness not only a noble ornament, but a firm support, if any could possibly be necessary, of that throne so greatly filled by his royal father. I have been led to say thus much of his royal high- ness's character, because it is the consideration of that character which, above all tilings, enforces the justice and goodness of his majesty in the measure now before you ; a measure which the nation thought could never come too soon, because it brings with it the promise of an additional strength to the protestant succession in his 'majesty's illustrious and royal house. The spirit of liberty dictated that succession, tiie same spirit now rejoices in the prospect of its being peipetuated to latest posterity. It rejoices in tiie wise and liappy choice which his ma- jesty lias been pleased to make of a princess so aniiablv distinguisiiett in herself, so illustrious in the merit of her family, the glory of whose great ancestor it is to have sacrificed himself to the noblest cause for^vhicha prince- can draw his sword, the cause of liberty and the protes- tant religion. Such, sir, is the marriage, for w iiich or.r most humble acknowledgaitnts are due to his majesty ; and may it afford the comfort of seeing the rovaj family (^numerous as I thuiik God it is,) still Lvroumf' 596 I SIR JOHN ST. AUBIN*. [a. d. 1736. and rising up in a third generation ; a family, sir, which I roost sincerely v/ish may be as immortal as those liber- ties, and that constitution which it came to maintain ; and therefore I am heartily for the motion. SIR JOHN ST. AUBIN Ilis Speecli on the Qualxci-'s Tythe Bill. IVIr. Speaker, ' I THINK that a bill of this consequence, which affects so large a property, should undergo the wisest scrutiny of those regular forms which have hitherto circumscribed our proceedings, and guarded our constitution from any sudden and disguised attacks. But this bill, faulty as it was at first, after two readings in the house, and counsel had been solemnly heard against it, went avowedly into the committee to be almost entirely altered. A new bill, for so I may justly call this, arises out of the ashes of the old one, with the same fallacious title indeed, and le-^s formidable than before. However, it is still suspected that there are latent mischiefs in it ; and against those, the parties who are aggrieved, are deprived of an oppor- tu.nity of a fresh detpnce. 1 hope therefore that the learned gentleinan, av1)o could not have been so defective in his first enterprise, if ne^v inconveniencies Mere not j)erpetuallv to be encountered in the alteration of settled constitutions, will at least be so candid as to withdraw his 5chcme for the present, take time to consider afresh, and not hurry a bill tluis defective in form, and but half uiuirr-tood, in the conclusion of a session, when many gcntieriKn, quite worn out^itha close and tedious atten- dance, have been forced to retreat. This cannot loni; reUird tiic lireat work of reformation Avhich is at hand. The delay will be but a icw months only. TJie saui'^; favourable tide will continue, and whatever iicwscheinc^, therefore, the iearnccl ireutienian may have rcadv to j.ro- A. D. 1736.] SIR. JOHN ST. AUBIX. 397 duce, I hope he will indulge us in so short a respite. But lest this bill should pass, I hope you w ill permit me to enter mv public protest against it,^ for 1 am one of those who think it fiindamentally wrong. There is no one more ready than I am to give ail rea- sonable indulgencies 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 the supreme lawgiver has the only right to interpose in such matters. But human autliority has certainly a secondary po^ver to re- strain those vvild excesses, which, 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 see oc- casion to complain of their distinct allowances, and that stated measure which must be preserved in our civil ufiion. Let them look upon the structure of our consti- tution in general ; are the several members well pro- portioned ? Have they a mutual dependence and regular connection with each other? ^^nd is there one law of convenience ^hich runs througti tlic whole? If this be so, and the prc-ciuincnce is only maintdned by a due subordination of the inferior parts, if the building was erected by the liiost able hands, and when architecture Avas at its height, 1 am not for in\crting the ord'jr of it, in compliance with the Gothic fancy of any pretenders to that art. I'hus our constitution at present stands, and the laws of toleration are in this seine becoinc a part of it ; they protect, as tiiev certainly ought, the established religion of our country, and at the same time allow a separate right in rehgious worsiiip ; sucti, only, have not the ad- \ antage of them, who deny tlie exterior forms of our go- vernment, whose consciences are a civil nuisance, and therefore forfeiwhe condition ofliiis rik'ht. What, tii-j::. S98 SIR JOHN ST. AUBm, [a. d. 1736. is it th^t the quakers want ? Have not all their most in- temperate desires been from time to time complied with ? Are they not exempted even from appealing to the great Author of Truth in their legal testimony ? But not con- tented with all this, by a most strange abuse of the per- missive liberty they enjoy, they send circular exhortations to tlieir brethren to oppose the civil jurisdiction of our laws ; and having thus cherished and strengthened an obstinacy, they approach the legislature itself with harsh revilings, unsupported by evidence, against the clergy of our established church, denying a constitutional right, begging that the legal remedies may be abated by which it is to be acquired, and unjustly complaining of severi- ties, which 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 own decree. Is this that passive obedience and non-resistance, tliat mild and charitable disposition, with which they have been so largely complimented ? Is this conscience in any true definition of it ? No, it is perverse humour, a false and delusive light, an igmisfatims, which arises from a degeneracy and corruption of the mind. If this is conscience, then all those riots and tumults "which at any time oppose the execution of the law and the authority of the government, may with equal justice lay claim to sucli a conscience. Tythcs are a distinct property from the inheritance of the land, and by the laws of our con- stitution are applied to certain purj>oses. Tiiey are due of civil right, and no matter to whom they belong ; though I should think that the maintenance of our- cler^y deserves some favourable share in our con- siderations. No human wisdom can at once foresee the sufficient extent of legal remedies, but they must from time to time be proportioned to the degree of obstinacy Avith which they are to contend. At the time of the revo- lution, when our constitution was rc-settled and our several rights and privileges confirmed, the former remedies were found insufficient, and therefore by the A. D. 1736.] ilR JOHN ST. AUBIN. S99 N 7th and 8th of king William a new one was created ; but tlie others were suffered to subsist. The clergy have now their option which method to pursue, and I beHeve they always follow this, unless they suspect an unjust partiality : for they want only their right, and are undoubtedly willing to come at it the cheapest and most effectual way. So that by this bill, which obliges them to repair to the justices in the first instance, you enjoin them nothing but what is already done, but at the same time give a new interest to the quaker in being contumacious : for I apprehend, by the bill as it now stands, if the quakers should not appear, but suffer judgment . 1736, are many abuses crept into th^se courts, which may deserve our attention ; but then let us proceed upon fairer inquiries, and with a disposition to reform and ,not to destroy. These courts, from the earhest days of our constitution, have had cognizance of tythes j and if the chief argument against them is draMii from their defect of power in giving redress, I am rather for supplying their defect, than that their authority herein sliould be wholly rescinded. I w ould not be thought, by any thing I have said, to be for extending the power of the clergy. I am for keeping that, as well as all other po^^er, within its due bounds. But surely the clergy are not to be the only men in the world, who, when they are assaulted, have not a liberty to complain, and to fly to this asylum for their necessary defence. I think this is all they now do, and it is very unfair to be seeking industriously for particular instances of blame, and from thence to take occasion of casting an odhmi upon the whole function. Those frigfhtful ideas therefore of church power, upon which so many changes have been rung of late, I take to be very unnecessary at this time ; it is now at a very low ebb, and it is very well if it can keep its just groimd. The miscliicf which is grouing up is of anotlier sort, and our liberties are no longer in danger from any thing ^^ Jiich is founded m religious pretences. The enemy has erected batteries all round our constitution ; but as the church is the weakest part, it is thought very advisable to begin the attack there, and if it succeetb they wiil-s(;on mount the breach and take ])0.-session of the whole : for we may learn from the fatal experience of former times, that monarchy can only subsist upon the union and defence of our civil aud religious rights. We all form one constitution -, it is highly necessaryj therefore, that all who are sincere lovers of that, should well know and mutually protect each other ; and that the clergy should wisely consider that, as at all times we A. D. 1736.] MB. PLUMER, 401 are ready to oppose any assaults upon their quarter, so they are under the strongest obligations in tlie day of our need, not to withdraw their assistance from us in points of civil hberty ; for if ever that should be their tatal mistake^ and our hands are thereby weakened, they will undoubtedly bring their own establishment into the inost imminent danger. Ishallsay nomore, but that I shall at all times oppose, any innovations, because I think them extremely hazardr ous J let us rather guard against the intemperate follies-, the luxury, the venality, and irreligion of the age, which have been longf o-atherincf like a dark thunder-cloud in the sky. God only knows how soon it may burst, but whenever it happens, and I fear tlie day is at no great distance, it will certainly fall most heavily upon us. I am therefore for keeping up our common shelters, that we may be protected as well as possible against this great and impending danger. MR. PLUMER. His Speech on the Repeal of the Te'it Act. Sir, 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 some part of it repealed, and anotlier part so amended and explained, as to make it consistent with that charity and good nature Avhich every menilKir of the christian religion ought to bhew to another. The motion I am now to make, sir, proceeds chielly VOL. I. od -4ib2 MR. PLUMER. [a. D. 1756, from these tlwee considerations : That I am, and I hope shall always be, an utter enemy lo all manner of })erse- cution; that I have a great reverence for that solemn institution called the Sacrament of the Lord's Supper ; and that I shall always be for every thing m hich 1 think may tend towards establishing and preserving the unity, peace, ahd trade of my country. These are considera- tions which I am persuaded are of as great Aveight with every gentleman of tliis house as they are w ith me ; and therelore if 1 can shew that there is any thing in thiis 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 with the trade of our countiy, I make no doubt of having the unanimous assent ot this house to what I am to propose ; and in my opinion, it Mould contribute greatly to the glory of this generation, as well as the ho- nour of this house of commons, to have it agi'ced to nem'ine 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 the christian religion, or to join in any ceremonies of public A\orship which he thought sinful, or perhaps idolatrous, would be a very heavy persecution ; and I hope it will likewise be granted, that to render a man upon any such account in- capable of holding a land estate, or of succeeding to any estate as next heir or next of kin, m ould al^rO amount to a high degree of persecution : Now in this statute wiiich has been read to yon, there is one clau.se which enacts, That 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 navv or household, in England, Wales, Berwick, Jersey, or (iuernsey, shall not only take the oaths of siipremacy and allegiance, in the next tcnn, or at the quarter sessions, MJthiu tlirce months after llieir admittance, but shall receive the sacrament of the Lords A. D. 17 3G'.] ilR. PLUAfER. '40'3 Supper, according to,t"he usage of tlie church of England, of which tliey are to deliver a certificate, and make proot^ at the time of tlieir taking the said oaths ; in failure of which they are ipso facto disabled to enjoy the said offices or employments, or any profit thereby. And by another clause, Persons beyond the seas, or under any of the other impediments there mentioned, are to receive the 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 the church of England as by law established; and as tliere 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 idolatry, such men cannot sincerely com- municate with the established church ; upon which ac- count, and upon that only, tliey may therefore be sub- jected to penalties, or deprived of a yearly revenue, ac- cording to the nature of the office they 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 ^ 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 dad 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 cerenionies of tlie established churcii. Again, sir, if the [)ost or office to which a man is named or intitied, be one of tho2(^ to uhich a yearly salary or revenue i;' annexed, from the day oi liis noiui- D d 2 404 MR. PLUMER. [a.d. 1736. nation he has as good a right to receive the profits of that office as any man has, or can have, to his ancestor's estate, they being both founded chiefly upon the law of the land ; nay it often happens, that the person named to any post or office has by long and faitliful services fully deserved that nomination ; and this I take to be a more meritorious title, than tlie title any man can have to tlie 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 nmch blood lost, and inany brave services performed 'in the cause of his tDuntrv', should be at last made colonel of a regiment ; would not such a man be fully intitled to the profits of his Commission, during the time 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? Yet the case would be so, if this law should be then in force. Upon the first return of the regiment to England, he "v\ould be obliged ^vithin four months to give up his regiment, or receive the sa- crament of the Lords Supper, according to tlie usage of our established church, which his conscience would not permit 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 'v\ill ajjpear that a very high degree of persecution lurks under tiie inca- pacitating clauses I have mentioned, and therefore, in my motion for the repeal of them, 1 hope I shall Iiavc the concurrence of all those who arc real enemies to that a::tichristi(Xn piycticc,- but when I consider the A. D. 173().] (MR. PLUMEl.- 405 reverence due to the sacrament of the Lord's supper,' a sacred mystery, wjiich none ought to approach with- out having first diligently examined themselves, and to ivhich all are to he invited, but none to be compelled, I am surprised that it should ever have been turned to such a prophane use -^s that of qualifying a man for being an adjutant to a regiment, or the bailiff of a little; borough. This, sir, is perverting it to an use for which I am 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 wished 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 v:c\\ and so generally kno\\ n to be unworthy partakers, that their being admitted upon any pretence whatsoever, gives great offence to the tnijy religious, and tends to subvert the morals of the \ ulgar, by iessening that esteem which they ought to have for (he established religion of their country, and which wise magistrates will ah\ays cultivate with all pos>ihie care ; but this, by long and general experience v, e know, is not to be done b\ penal laws. On the contrary, such gua- rantees for the established religion of any country, have always produced pride, ignorance, luxury, and o[)[)resion, among those of tlie established church, and inviucible, nny, often victorious entiiusiasmj among those of the con- 406j M^..p;-UMER, [a. D. 1735^ trary religion. Even in this kingdom, we know, that penal laws and persecution raised so high the torrent of enthusiasm among us, that our established 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 as our established re- ligion ; for if they had preserved tlie former, 1 am afraid the latter had never been restored. Since the repeal of most of our persecuting laws, the dissenting interest has. daily decreased ; and I am convinced those remains of it that are now among us, are chiefly owing to tlie act How under our consideration, and one other act of much the same nature. With regard to the peace and unity of our people, I must say, sir, it is a matter of great surprise to me, how the legislature of any country could be pre- vailed on to annex temporal rewards or punishments, to speculative opinions in religion. I can easily con-, ceive how doctors might differ in speculative points, of divinity, as well as in speculative points of law, physic, or philosophy ; and I know with what vehe- mence a learned doctor in either of those sciences main- tains his own opinion, and with what envy, malice, and rage, he pursues his adversaries ; but I cannot easily con- ceive what reasons the lawgivers of any country could have, to adopt and establish speculative opinions of any particular doctor in divinity, ^^hile 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 Qur ancient lawgivers, I say, I cannot \\ ell comprehend ; but wliatever may have been the cause, if they thereby in- tended to establish an uniformity of opinion with respect to religious matters, experience has shew n that they have been most egregiously mistaken y for the annexing of temporal rewards and punishments to speculative opi- nions, has been so far from reconciling men's minds, and making them agroe in any one opinion, that it has A. D. 1736.] 3IR. PLUMEB. 40T rendered those of diflfcrent opinions in religion, not only iniplacttble, but most cruel and barbarous enemies to one another ; an eft'ect which has never been produced by difference oi opinion in any other science. In law, in ))hysic, . in pliilosophy, there are, and always have been, doctors of different opinions ; and among them too there have always been, I believe, some who Avould have gladly confuted their adversaries by fire and faggot, ' especially when thev found themselves overcome by fair'- reasoning ; but as tlie law of no country has as yet thought tit to interpose in those disputes, we find th^ followers of these tloctors have generally argued the matter very coolly, and when the dispute was over have parted as good friends as they met. This has hitherto been the case in all sciences except divinity ; but if we should make a law for punishing those who did not agree with the Newtonian system of philosophy, or for render- ing all such incapaWc to hold any post or office in our government, I am persuaded we should have, in a few years, great numbers of our people ^vho would be ready to sacrifice life and fortune in. defence of the Aristotelian or the Cartesian system : nay, if any such law were made against all those who did not bclive that the three angles of every triangle are equal to two rifjht angles, I make no doubt but that tliis plain demonstration would be most violently opposed by great numbers of men in the kingdom ; for when the })assions of men are stirred up by temporal rewards and j)unishments, the most reason- able opinions are rejected with indignation, the most ridiculous are embraced with a frantic sort of zeal. Tlierefore, sir, if we have a mind to establish peace among our people, we must allow men to judi^e freely in matters of religion, and to embrace that opinion they think right, without any hopes of temporal rewards, and \\ithoutany fears of temporal punishment. As to our trade, sir, the advantaiics we have reaped in that respect by tlie toleration act are so apparent, tiiat 1 shall not take up your time with enlarging upon that 408 SIR ROBERT WALPGLE. [a. D. 1736. subject ; but in order to retain those advantages, and to improve them as much as possible, I shall now move, that leave be given to bring in a bill to repeal so much of the said act passed in the 25th of Charles II. in- tiUed, "An act for preventing dangers which may happen from popish recusants," as obliges all persons, who are admitted to any office civil or military, to receive the sacrament of the Lord's supper, within a time limited by the said act, and for explaining and amending so much of the said act as relates to the declaration against transubstantiation. SIR ROBERT WALPOLE. His Speech in Reply. Sir, As I have hitherto appeared to be an utter enemy to all persecution, 1 hope my disagreeing with this motion will not be looked on as any sign of my having changed my opinion, or of my having any intention to alter my conduct for the future ; so far otherwise, sir, I have still, and I hope shall always have, as tender a regard for the dissenters of all denominations, as any man can have Mho 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 church; but though I wish for this happy event, yet I shall never be for altciujjtint: the acconiplishmcnt of that '\\ ish by any methods that have the least tendency towards })crecii-- tion, or tow ards doing a real iujury to any man m hose conscience m ill not allow him to embrace the established A. D. 1736.] SIR ROBEKT WALPOLE, 409 religion of his country. For all such I shall continue tq have a real concern, > because I think this difierencc 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 mean- ing he has put upon the Avords, there could be no established church or established religion in the world, but what must be deemed guilty of persecuting all those w:ho differ from it -, and yet' those gCHtlcmcn will, J be- lieve, grant, that in every society there ought to be an established religion, or a certain form of public worship established by the la^vs of that society ; therefore we must find out a meaning for these words ditlercnt from that which has been put upon them. As there is in every society a certain form of govem-r ment established, I hope it will 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 men, who are convinced that a difterent form of government viould render the society nuich more happy and power- ful, I believe it will likewise be granted, that it is the duty of all such men to endeavour in a peaceable way, at least, to bring about an alteration, lliese two duties therefore being altogether inconsistent, nay, even destruc- tive of one anotlicr, it i^ absolutely impossible for the one set of men to do their duty, without layjuc: the other set under some hardships. When those hardships are no greater than v.hat are absolutely necessary for tiie end intended, they arc ju. 1737.] EARL OF CHESTERFIELD. 417 of liberty itself. It is not only a bill, my lords, of a very extraordinary nature, bat 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 had been protracted beyond the usual time of the year; when I considered that this bill passed through the other house w itii so much precipitancy, as even to get the start of a bill whicii deserved all the respect, and all the dispatch, the forms of either house of parliament could admit of, it set me upon enquiring, what could be the reason for introducing this bill at so unseasonable a time, and pressing it forward in a manner so very singular and uncommon^ 1 have made all possible enquiry, and as 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 tarce had been offered to one of the theatres, a farce for which the authors ought to be punished in the most ex- emplary manner : but what was the consequence? The master of that 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, as the surest method of having it absolutely suppressed. Could this be tlie occasion of introducing such an extraordinary bill, ut such an extraordinary season, and pushing it in so extraordinary 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 lavoiu', and a material one, in my 0])inion, against the bill. Xay farther, if we consider all circumstances, it is to me a full proof, that the laws now in being are suf- ticieut for punishing those players wiio shall venture to bring any seditious libel upon tiie stage, and consequent! v, suthcieut for detening all players from actmg any tiling VOL. I. L o ^3* EA-Tlt OF CHESTERFi^LD. A. 33- 1737- jtliiat may half e.'the least tendency tmvaids giving a reason- :able oftencai .iiyyC Jj^ii *? a . : I do not, my iord^, pretend to be a lawyer, 1 do not ^pretend to. know perfectly the power and extent of our Jaws ; but IJiave conversed with those that do, and by them 1 have been told, that oiu' laws are sufficient for punishing any person that shall dare to represent upon :the stage, what may appear, eitlier by the words or the ;j*epresentation, to be blasphemous, seditious, or imnK)ral. -I must own, indeed, I have observed of late a remai'k- ;abie licentiousness in the stage. There have but veiy .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- rturbance, without censure. In one*, the author thought jfit to represent the three great professions, religion, physic, and law, as inconsistent with common sense : in ithe other f, a most tragical story was brought upon the stage, a catasti'ophe 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, ,1 do not know : if I am rightly informed, it .was not for :want of law, but for want of prosecution, without which no law can be made effectual: but if there was any ne- glect in this case, I am convinced it was not with a design to prepare the minds of the |x:ople, and to make them think anew law necessary. Our stac!;e ought certainly, my lords, to be kept within -due bounds; but for this, our laws as they stand at pre- sent are sufficient ; if our stage-players at any time exceed those bounds they ought to be prosecuted, they may be punished: we have [)reccdenLs, avc have examples of .persons having been })unished for things less criminal tiian either of the two pieces I ha^e mentionech A new law must therefore be unnecessary, and in tiic piesent case it cannot be unnecessary v\ ithout being dangerous : every ' Pi'^nuui. ;i CoTvifiiv. i Kinp Charles I. a Tia:ir!d'-, A.^D. 1737.] EARI OF CIIESTERFlfcLD. 419 unnecessary restraint on licentiousness is a fetter upioh tiic legs, is a shackle upon the hands of liberty. One of the greatest blessings we enjoy, ohe of the greatest bles-^ sings a people, my lords, can enjoy, is liberty; but fivcry good in this life has its allay of evil : licentious- ness is the allay of liberty : it is an ebullition, an excres* cenccj it is a speck upon tlie eye of the political body, w iiich I can never touch but T^ith a gentle, with a trem- bliiig hand, lest I destroy tlic body, lest I injure the eye upon which it is apt to apjiear. If the stage becomes at any time licehtious, if a play appears to b. 4^\ tlie most terrible punishments, cannot prevent it. If any man therefore tJiinks he has been censured, if any man thinks he has been ridicule(t upon any of our public thea- tres, let him examine his actions, lie will find the causq ; let him alter his conduct, he will find a remedy. As no man is perfect, as no man is hifallible, the greatest may eiT, the most circumspect may be guilty of some piece of ridi- culous behaviour. It is not licentiousness, it is an use- ful liberty ahvaj's indulged tlie stage in a free country, that some great men may there meet with a Just reproof, which none of their friends will be free enough, or rather faithful enough, to give them. Of this we have a famous instance in the Koman history. The great Pompey, after the many victories he had obtained, and the great con- quests he had made, had certainly a good title to the esteem of the people of Rome : yet that gi'eat man, bv some error in his conduct, became an ol)jcct of general dislike ; and, therefore, in the representation of an old play, when Diphilus the actor came -to repeat these words, Nostra itmcria tu es Ala gnus, the audience im- mediately applied them to Pompey, Vv ho at that time was as well known by the name Magnus, as by the name Pompey, and were so highly pleased with the satire, that, as Cicero says, they made the actor repeat the words a hundred times over. An account of this was immedi- ately sent to Ppmpey, v.ho, instead of resenting it as an injury, was so wise as to tiike it for a just reproof: ho examined his conduct, he altered his measures, lie re- gained by degrees the esteem of the people, and then lie neither feared the wit, nor felt the satins of the st;igc. This is an example wiiicli ought to be tollowrd bv irreat men in all countries. Such accidents will often happen in every free country, and many such would probably have aiterwards hap{)ened at Uome, if they had ccjnti- nued to enjoy their liberty ; but tliis sort of liberty in the stage came soon after, 1 suppose, to be called liccni- tiousncss; for we are tokl that Augustus, after luniui; established his empire, restored oider to Roiuc bv r< - 422 EAKL OF CHESTERFIELD. [a.D. 1/37^ straining licentiousness. God forbid wc sJiould in this country iiave order restored, or licentiousness restrained, at so dear a rate as the people of Home paid tor it fci Augustus ! ':'; xi -m- In the case I have mentioned, my lords, it was not the poet that wrote, for it was an old play; nor the players that acted, for they" only repeated the words of the play ; it was the people who pointed the satire ; and the case will always be the same. When a man has the misfortune to incur the hatred or contempt of the people, when public measures are despised, the audience will apply what never was, what could not.be designed as a satire on the present times. Nay, even though the people should not apply, those who are conscious of guilt, those who are conscious of the wickedness or weak- ness of their conduct, will take to themselves what the author never designed. A public tliief is as apt to take the satire, as he is apt to take the money, which was never designed for him. We have an instance of this in the case of a famous comedian of tlie last age ; a come- dian, who ^vas not only a good poet, but an honest man, and a quiet and good fcubject. Tiie famous jVIoliere, when he M'YOiG his TartufFe, which is certainly an excellent and a good moral comedy, did not design to satirize any great man of that age ; yet a great man in France at that time took it to himself, and fancied the author had taken him as a model for one of the principal, and one of the worst characters in that comedy : by good luck he was not the licenser, otherwise the kingdom of France had never had the pleasure, tlie happiness 1 may say, of seeing that play acted ; but when the players first pro- posed to act it at Paris, he had interest enough to get it forbid. Molierc, who knew himself innocent of what was laid to his charge, complained to his patron the prince of Conti, that, as his play was designed only to expose hypocrisy, and a lalse pretence to religion, "twas very hard it should be forbid being acted ; when at the same time they weie suft'ered to expose religion itself every A. D. 1737.] ARL OF CHESTERFIELD. 423 night publicly upon the Italian stage : to wliich tlic prince wittily answered, Tis trvue, Molicre, Harlequin ridicules Heaven, and exposes religion ; but you have done much worse you have ridiculed the first minister of religion. 1 am as much for restraining tiie licentiousness o'f the stage, and every otlier 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, when a new law is proposed against licentiousness, I shall 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 w hich I shall beg leave to o^plain to your lordships. The bill, my lords, at tirst view, may seem to be clesigned only against the stage ; but to me it plainly appears to point somew here else. It is an arrow that does but glance upon the stage the mortal a\ ound seems designed against the liberty of the press. By this bill you prevent a play's being acted, but you do not prevent its being printed ; therclore, if a licence should be refused for its being acted, we may de- pend on it, the play will be printed. It m ill be printed and published, mv lords, Mitlithe refusal in capital letters on the title page. Peo[)le are always fond of what's for- bidden. lAbri prohibiti are in all countries diligently and generally sought after. It will be much easier to pro- cure a refusal, than it ever was to proeiu-e a good house, or a good sale ; therefore we may expect, tiiut plays will be wrote on purpose to have a refusal : this will certainly procure a good iiousc, or a good sale : thus \\\\\ satires i)e s{)read and dispersed through the \\hole nation, and thus every man in the kingdom may, and probably vvili, read for sixf)ence, what a few only could have seen acted, and tliat not under the expence of half a crown. We ihail then be told. What ! N\ill y)u allow an infamous libel *24 EARL OF CHESTERFIEI.D. [a.D. 1737 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 publislied ? I should really, my lords, be glad to hear v\ hat excuse, what reason one could give for being against the latter, after having agreed to the tbrmer ; ior, I protest, I cannot suggest to myself the least shadow of an excuse. If we agree to the bill now before us, we must, perhaps next session, agree to a bill for preventing any play's being printed witliout a licence. Then satires will be wrote by way of novels, secret histories, dialogues, or under some such title ; and thereupon we shall be told, What! will you allow an in- famous libel to be printed and dispersed, only because it does not bear the title of a play r Thus, my lords, from the 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 niay bid adieu to the liber- ties of Great Britain. But suppose, my lords, it were neeessary 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 arc to be restrained, let tliem be restrained as otlier subjects are, by the known laAvs of their country : if they offend, let tliem be tried as every Englishman ought to be, by God and their country. Do not let us subject them to the arbitrary will and plea- 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 witli our constir 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 chambeilain. 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 chamberlaiu: >.D. 1737.] EARL OF CHESTERFIELD. 425 his natural candour and love of justice, would not, I know, permit him to exercise any power but with the strictest regard to the rules of justice and humanity. Were we sure his successors in that high office would always be persons of such distinguished merit, even the power to be established by tins bill could give me no furtlier 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 the constitution and liber- ties of his country. I shall admit, my lords, that the stage ought not, upon any occasion, to meddle w'ltL politics ; and for this very reason, among the rest, I am against the bill now before us. This bill will be so far from preventing the stage's meddling with politics, that 1 tear it Mill be the occa- sion of its meddling with nothing else 5 but then it will be a political stage c.v parte. It will be made subser- vient to the politics and the schemes of the court only. The licentiousness of the stage will be encouraged instead of being restrained i 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 represented in the 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 niost 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 lias formerly been the case: in king Charles ll's days, the play-house was under a licence. What was the consequence? "J'he playhouse retailed nothing but tiie politics, the vices, and ttie follies of the court ; not to expose them ; no but la 45J6> EARL OF ciiESTxiiFixtD. [a;. 17'37v recommend themj thoiigh it must be gi'anted, their poli- tics were often as bad as- their vices, and much more peraieious than their other follies. 'Tis true, the court had at that time a great deal- of wit, and it wan then, indeed, full of men of true wit and great humour; but it was the more dangerous ; for the courtiers did then as thorough-paced courtiers alwa3's will do they sacrificed their honour, by making their wit and their liumour sub- servient to the court only ; and what made it still more dangerous, no man could appear upon the stage against them. We know tliat Dryden, the poet-laureat of that reign, always represents tlie cavaliers as honest, brave, merry fellows, and fine gentlemen : indeed his fine gen- tleman, as he generally dra^vs him, is an atheistical, lewd, abandoned fellow, which was at that time, it seems, the fashionable character at court On the other hand, he always repi*esents the dissenters as hypocritical, dis- .sembling rogues, or stupid, senseless boobies. When the court had a mind to tall out with the Dutch, he wrote his Amboyna, in which he represents the Dutch as a pack of avaricious, cruel, ungrateful rascals : and when the exclusion-bill was moved in parliament, he wrote his Duke of Guise, in \\hich those mIio were for preserving and securing the religion of their country, were exposed under the character of the Duke of (xuise and his party, who leagued together for excluding Heru'y IV. of I'rance from the throne, on account of his religion. The city of Jjondon, too, was made to feel the pai'tial and mercenary .licentiousness of the stage at that time; for the citizens having at that time, as well as now, a great deal of pro- perty, they had a mind to preserve that property, and therefore tliey opposed some of the arbitrary measures vvhich were then begun, hut pursued more openly in the following reign ; for wi^ich reason they were then always represented upon the stage, as a parcel of designing knaves, dissembhng hypocrites, griping usurers, and cuckolds into the bargain. jVly lords, the proper business of the stage, and that A. D. 1737] EARL OF CIIESTEKyiLD. 427 for which only it is useful, is to expose those vices and follies which tiie laws cannot lay hold of, and to recom- mend those beauties and virtues, which ministers and courtiers seldom either imitate or reward ; but by laying it under a licence, and under an arbitrary court-licence too, you will, in my opinion, entirely pervert its use ; for though I have the greatest esteem for that noble duke into whose hands this power is at present designed to tail, though I have an entire confidence in his judgment and impartiality ; yet I may suppose, that a leaning towards the fashions of a court is sometimes hard to be avoided. It may be very difficult to make one who is every day at court believe that to be a vice or folly, which he sees daily practised by those he loves and esteems, By cus- tom even deformity itself becomes familiar, and at last agreeable. To such a person, let his natural impartialit}- be never so great, that may appear to be a libel against the court, which is only a most just and a most necessary satire upon the fashionable vices and follies of the court. Courtiers, my lords, are too polite to reprove one ano- ther; the only place where they can meet with any just reproof, is a free, though not a licentious stage ; and as every sort of vice and follv, generally in all coiuitries, begins at court, and from thence spreads tln-ough the country, by laying the stage under an arbitrary court- licence, instead of leaving it what it is, and always ought to l)e, a gentle scourge foi- the vices of great men and courtiers, you will make it a channel for propagating and conveying their vices and follies through the \\ iiole king- dom. From hence, my lortls, I think it must appear, that the bill now before us cannot so properly be called a bill for restraining licentiousness, as it may be called a bill for restraining tiie liberty of the stage ; and fur restraining it too in that branch which in all countries has been tiie most useful ; therefore 1 must loo!; upon the bill as a most dangerous encroachnicnt upon liberty in general. Xay farther, my lords, it is not only an encroachment 42S EARL OF CHESTERFIELD. [a. D. 1737- uport liberty, but it is likewise an encroachment upon };roperty. AVit, my lords, is a sort of property : it is tlie property of those that have it, and too often the only property they have to depend on. It is, indeed, but a precarious dependence. Thank God! we, my lords, have a dependence of another kind ; v.e have a much less precarious support, and therefore cannot feel tho inconveniencies of the bill now before us ; but it is our duty to encourage and protect wit, whosoever's- property it may be. Those gentlemen who have any such pro- perty, are all, I hope, our friends : do not let us subject them to any unnecessary or arbitrary restraint. I must own, I cannot easily agree to the laying of any tax upon %vit; 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- pemsor, commissioner, judge, and jury; but what is still more hard, though the poor author, tlie proprietor I should say, cannot perhaps dine till he has found out and agreed m itli a purchaser, yet before he can propose to seek for a purchaser, he must patiently submit to have his goods ruMimaged at this new excise-office, where they may be detained for fourteen days, and even then lie may find them returned as prohibited goods, by which Iiis chief and best market will be for ever shut against him; and that A\ithout any cause, without the least shadow of reason, either from the laws of his country, or the laws of the stage. These hardships, this liazard, which every gentleman will be exposed to who writes any thing for the stage, must certainly prevent every man of a generous and free spirit fi'om attempting any tiling in that way ; and as the stage has ah\ays been the proper channel for wit and humour, therefore, my lords, Mhcn I speak against this bill, I must think I picad the cause of wit, 1 plead the cause of huniour, 1 plead the cause of the iJritish staiie, and of e\ erv 2;cutlcmaii of taste in the kiiigdom. A. D. 17137.] EARL OF CHESTERFIELD. 429 But it is not, mv lords, for the sake of Mit only; evert for the siike of his majesty's lord chamberlain, I must be against this bill. The noble duke who has now the }k>- nour to execute that office, has, I am sure, as little an inclination to disoblige as any man : but if this bill passes, he must disoblige, he may disoblige some of his most intimate friends. It is impossible to write a play, but some of the characters, or some of tlie satire, may be interpreted so as to point at some person or anotlier, per* haps at some person in an eminent station : when it comes to be acted, the people m ill make the apphcatioii, and tlie person against whom the ap[)lication is made, will think himself injured, and will, at least privately, re- sent it : at present this i*esentment can be directed only against the author ; but when an autlior s play appears with my lord chamberlain's passport, every such resent- ment will be turned from the authoV, and pointed directly against tlie lord chauiberlain, who by his stamp made the piece current. ^V'hat an unthankful office are we there- fore by this bill to put upon his majesty's lord chamber- lain ! an office which can no way contribute to his honour or profit, and yet such a one as must necessarily gyiu him a great deal of ill-will, and create him a number of ci\emies. The last reason I shall ti-ouble your lordships Mithfor my being against the bill, is, that in my o})inion, it will in no wav answer the end ]roposed : I mean the end openly proposed, and, I am sure, the only end wiiich your lordships propose. To prevent the acting of a play, which lias any tcudencv to blasphemv, inunoralitv, sedition, or private scandal, can signify nothini!:, unless you c.iu likewise prevent its being })rinted and published. On the contrary, il' you [)re\ent its being acted, and admit of its being printed and published, you will j)ro- pagate the niischjef : your prohibition will prove a bcl- lo\\s, whicii will blow up the lire you intend to extin- giiisii. This bill cim, thcnjfore, be of no use for i)re- vcnting eitlier th*' publi<- or the privatv> iiiiurv iii^jnlc'l 430 EARt ep CHESTERFIELD. [a. D. 1737. by such a play ; and consl^quently can be of no manner oi^ iise, unless it be designed as a precedent^ a$ a leading step towards another for subjecting the press likewise to a licenser. For such a wicked purpose, it may, indeed, be of great use j and in that light, it may most 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^* proiach^ The barriers and fences of the people's liberty must be plucked up one by one, and some plausible pre- tences must be found for removing or hood-M inking, one after another, those sentries who are posted by the con- stitution of every free countr\-, for warning the people of their danger. When these preparatory steps are once made, the people may then, indeed, witli 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 the bill now before us as a step, and a most necessary step too, for introducing arbitrary power into this king- dom : it is a step so necessary, that if ever any future ambitious king, or guilty minister, should form to himself so 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 w^ould blush to receive, and scorn to deserve. A. 9. 17^8.] XUKE OF BEDFORD. 4M ,i:!'i; 7'.! o4 vl'^o rtr*^ //i* Speech mi the Address. ''My Lords, There is not any one reason that lias been advanced by the noble duke >vho spoke last, tliat lias not had a quitt; -contrary effect upon nie, than Avhat it seems to have upon the noble duke. His grace thinks that we ought to ap- prove of tliis convention, because v, e are in the dark about it ; my lords, tiiat is the very reason why I think we ought not to approve of it : I tliiiik n e have beeti kept too long hi the daik alread)^, vith regard to every step of this long and intricate negociation ^^ith Spain. Perhaps, my lords, if we had been kept ie&s in the dark some years ago, tlie nation rnigiit have seen its interest more clearly; we could then perhaps have interposed witii greater dignity, with greater weight, tian, I am afraid, we can now. But I hope it is not yet too late; the convention whirh liis nia,jesty has been plea^^ed to inform us of from the throne, can never be thouirht to have received its finishing stroke, but from the appro- bation or disapprobation of })oth houses of parliament. M'e have, my lords, before this time, rescued the nation from ruin, by rejecting measures that lu>d received the last liand from a minisliy ; perhaps a :orrrij)t m)ni;:tj y indeed, but a ministry tiiat had the same power, tliesiujuj authority for what it did, that any subsequent ministry can pretend to have. Your lordr^hips, no doitbt, know that I mean the famoas treaty of conunerco ^^ ilh Tiaii' '? 432 ijus:e of Bedford. [a. d. 1738. which was thrown out by the parliament of Great Britain about the time when tiie treaty of Utrecht was con- clu(ied. I shall ^\ illingly agree with the noble duke who spoke last, in thinking that our unanimity is the best means of securing the nation against 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 Mas laid before his ma* jesty, has been neglected, wilfully neglected, by the nego- ciators of tliis convention. Can it be expected, my lords, that we shall be unanimous in our approbation of a measure 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 lifter to be of service to the nation? My lords, I can never be persuaded that if tiie ministry had got from Spain an ample renunciation of all pretence to a right of searciiing 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 all our news-papers ; and, my lords, it would have been fully and explicitly set forth in his majesty's speech. Therefore, my lords, even iiis majesty's silence on that head is to me a sufficient proof, that no such renunciation has been obtained ; 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 })lenipotentiarie?, who are to meet upon the definitive . treaty. 'Jliis is so evident a contempt of the parliament's advice, as if two plenipotentiaries were better judges of O'.u- rights of navigation and connnerce, than both houses of parliament, that it is surprizing to me, that even an attempt should be made to excuse it much more to de- fend it. My lOi'ds, A\hcn I heard that a convention was con- A. D. 1738.] i)U^E Of BEPFOIIO. 4S3 eluded, I imagined that the definitive treaty, which is to follow on that: convention, would not be ret'efred to com- missaries; and thatsome other qaine would be invented for tliese gentlemen's powers. We had enoygh of commis- saries at the treaty of Seville ; that treaty, my lords, waa ill the main little better than a convention, gince, as in the Other conventions, a great deal was left to the decision of commissaries. None of your Jordships are ignorant of the progress these conmiissaries made in settling tlie affairs referred to their decision ; and that, after some years ex- pensive and fruitless negociation, they left them in a more perplexed state than they were before. The points left to their decision were not indeed of such importance as those which by this convention seem to be left to plenipoten^- tiaries : but, my lords, can we easfly. imagine that pleni- potentiaries will be more expeditious than commissaries ? I am apt to think, my lords, that they will be a great deal more slow, because tiie points referred to their decision: are of a much weightier nature. Therefore, my lords, as we have found already by experience, tiiat an eventual treaty, if J may call it so, has been so detrimental to the nation, I think it would be highly improper for us to approve of our ministry's concluding another, which we have great reason to tiiink is of a still more pernicious nature. My lords, I would not be understood as if I were absolutely for condemning the convention before we know \\hat it is ; but I humbly conceive, tliat there is a ^rcat diflerence betu ixt not '36, he was made lord chancellor, which situation he Jield for twenty years. He is said to have been a great lawyer. If so, a great lawyer may be a very little man. There is in his speech apetitcncss, an insiiinilicant subtlety, an affected origi- nality, a trifling formality^ which any one, not accustomed to the laborious fooleries and idle distinctions of the law, wotdd be ashamed of. All those of his speeches that I have read are in the same minute stile of special-pleading, accompanied with the same apologies for the surpri/e which must be occasioned by his nucroscopical disco- veries and methodical singularities. A. b. 1738.] THE LORD CHANCELLOR. 4SS The Chancellors Speech on a prosecutioi for a Libd. My LordSj The liberty of the press is ^vhat I think ought to be sacred to every Englishman, and, I dare answer tor it, will ever be so to your lordships. Butj 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 iiave often desired an opportunity of delivering to your lordships my sentiments with regard to tlie liberty of the press; and as that expression has been mentioned in this debate, I think I cannot have a fairer opportunity of it than the present : but I hope your lordships, beforehand, will acquit me of any affectation to appear sino;ular upon this occasion. I do assure you, my lords, I shall speak my sentiments, and what occurs to me from the most mature reflection I am able to make upon the nature of our constitution and "ovcrnment. The liberty of the press, my lords, is by most people, I know, taken for a lif)erty to publish every indecency of any kind, against the most respectable persons, an ! the highest characters ; and so strongly does this notion pre- vail, that a libeller is no sooner prosecuted, than a cry is immediately setup, that the liberty of the press is en- dangered. But) my lords, give me leave t ) sav, that if the liberty of the pr-jss consists in defaniation, it were much better we were without any such liberty. My no- tion, my lords isj that the words, ' tlic liberty of the press,' are improperly used, to express a riiiht, whicli is peculiar to tlie press, of pubiisning to the world any detanidt(^ry mutter to the prejudice of superior, ijiferior, or cauai, F f ii ' 436 THE LOUD CHANCELLOR. [a. D. 1738. I\Iy lords, the laws and constitution of England know of no such liberty; for that would be a liberty destructive of all laws, and all constitutions. How these AVords came to prevail, was, my lords, in my opinion, in this manner : before the art of printing was known in Europe, learning was confined to a veiT few. At that time, the tran- scribcrs and copiers of books w^ere a verv considerable body of men, and were under particular regulations by law. ' When printing was discovered, these restrictions fell of course, and then every man w as at liberty to com- municate, at an easy expence, his labours and thoughts upon any subject to the whole world- This, my lords, was found so very convenient, that thence arose the words,, * the liberty of the press.' That this is the natural original of these words, my lords, w ill appear from considering the nature of our laws with regard to defamatory libeb before printing Avas discovered, compared with what it is now. My lords, before tiie discovery of printing, very strong statutes ^^ ere made against defamation, which ver}' statutes arc still in force j and no man, my lords, will shew me any one statute upon this liead, that 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 press, can never be understood any liberty which the press acquired, and which was unknown before the discovery of printing. This, I hope, your lordshi])s will find a fair and just way f)f reasoning ; and, indeed, the only way in which v,e 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, 1 will venture to say, no man can do. It is true, my lords, that in some reigns, very great restraints have been laid upon the press, and very great severities have been infiicted'on aiiihors and printers, for publishing tliat which would now puss cuiJ'cnt. liut tliis never proves A. D. 1738.] THE LOftD CHA?^CELLOk. '43^ tliat the latvs relating to deflimatbn were bad laws j it only proves that they were abused by power. I am very sensible, my lords, of how Tnuch use the presfe was at tli6 time of the revolution ; but the authors who wrote at that time on the side of liberty, advanced nothing that was not agreeable to the constitution ; they were warranted by law for what they AM'ote, and they had the sense of the nation on their side. Besides, my lords, tliere is a great difference betwixt an author s writing on a sj^cu- lative subject, on which he thinks he has something to communicate that may be of service to the world, and an author's falling foul on all mankind because they ar6 not of his way of thinking. The authors on the side of the revolution, my lords, communicated their sentiments with the greatest deference to the persons and characters of their superiors, unmixed with personal calumnies, or virulent reflections. Therefore, my lords, it is a ground- less cry against the government, ^vhen a libeller is pu- nished, to compare the conduct of this government to that 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 reisn of kinji Charles II. and kins; James II. wrote on the principles of liberty, Having said thus much, my lords, I cannot help taking notice of another \'ery common mistake, with regard to the freedom which some jrentlcmcn think themselves en^ titled to, in censuring the conduct of their superiors. My lords, this is a freedom unknown to our constitution, and subversive of oiu" known statutes i because a great part of oui' laws are intcndcid 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 relict^ anJ he has a jurv who will do him justice according to the nature of his case, and tiien the law is satisfied. No man, mv lords, is at liberty, bv our laws, to carry his resentment fartlicr, because, if he carties it farther, hv 438 THE DUKE OF ARGYLE. [a. D. 1740, cames it beyond law. From this, my lords, it is plain, that whoever attempts to attack any man's character, by writing or publishing defamatory libels, is guilty of a trespass, and can plead no mitigation of his crime, either from the nature of our constitution, or the tenor of our laws. My lords, 1 am sensible this doctrine sounds odd, pt a time of day ^^hen the people, under the notion of .liberty, are quite intoxicated with a spirit of licentious- 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 weigh what I have advanced, I am convinced, your lordships will think it more reasonable. 1 he libel we are now upon is of tlie more virulent quality, in that it was imr possible any ot the subjects of the libel could give any just ground of provocation to the author. My lords, I do not believe any of the noble lords attacked by this impudent libeller, so much as know him by sight, far less have had any manner of opportunity to injure him. This, my lords, is an aggravation of his offence ; such a be- haviour can proceed from nothing but a wantonness of jTialice, and therefore, I tliink, deserves all the severity of your lordships' censure. JOHN CAMPBELL, (Second Duke of Argyle,) Was born 1671, and entered young into the arm}'. lie served under the duke of Marlborough: he also distinguished himself as a statesman^ and was an active promoter of the union, for which he incurred great oduim among his own countrymen. In 1712, he was appointed commander in chief in Scotland, and m 17 15, he routed the earl of Mar> army at Duniblain, and forced the pretender to quit the kmgdom. Notwithstanding his eminent services to the state, lie was. deprived of several h;gh offices which he held, for his oppo- sition to sir Robert Walpole. lie died in 1743. 'Ilicre is a noble monument erected to his memory in Westnunster y\bbey. His tpceches are characterized by a rough, plain, manlv >pirit of goo(i tense, and a zealous attachment to the welfare of his country. A. D. 1740.] THE DUKE OF ARGYLE. 4'39 The Duke of Argyles Speech on the Address. .J4.:p;.a> 3;/i0 0.'. My lords, n:/.:.}- As I neither speak fi'om pamphlets nor pstpers, I can- not precisely tell your lordships how long I shall trouble you on this occasion. It is an affair of as great import- ance, I will venture to say, as ever came before this house. I have, my lords, employed a great deal of time in endeavouring to form u right judgment of it. I have examined it without p-rejudicej I have endeavoured to find something in it that may be justified; I have viewed it, my lords, in all the best lights it was capable of; but still, my lords, the more I consider, the more I view itj 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, iny lords, the ministers who carried on and concluded uch measures, had something to say in their justification. The weakness of the nation, the conveniency of trade, the stren;th of our neiiijlibours, 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, which, if they did not balance, served at least to excuse the rest. But, mv lords, tiiis conv(Milion is not only disagreeable to every boclv without doors, but it does not contain one article that can be u rested to have so much as a favourable aspect for tills nation. To what, my lords, can this be owing? Is it owing to the weakness of the nation? Not ttt all; this nation is not weak; she has strength suffici- ent to crush that power that crushes her. If she is poor, mv lords, the go^ernment feels none of it; for our nii- ni^tcls are as largely supplied with treasure as tlio-o ministers were, under whom this nation made the j^owcr that now insults us to tremble. Our trcops, my lords, 440 THE DUKE or AEGYLE. :[a. C. 1740. are more nutneroas, better cloathed tlian those troops were, who once conquered this insolent neighbour, and filled her throne with a monarch of our own making. I see many lords here, who, I am sure, remember these glorious times ; and if, my lords, at that time, any one had ventured to foretel that this nation would soon be reduced to the necessity of negociating, for the space of eighteen or twenty j^ears, to obtain such a treaty as tliis is, was there a man in the whole nation tliat would have believed him ? Have our ministry, my lords, aught to plead in favour of , this measure, because it is for the convenience of trade? My 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. Can it be pleaded, my lords, that our enemies are so strong, that we ought in policy to yield a little to their humours? No, our enemies are weak tliey are strong only in our fears. We, my lords, are masters of that element whereon the cause must be decided ; and let all our enemies, either professed or secret, nay, let all the neutral powers in Europe unite their naval force, we have a fleet now at sea that is able to beat them all. ]3ut, rny lords, do we behave as if we had any such superiority ? Have we so much as asserted the honour of the British flag? Have we not taixiely given it up, given it up a\ ithout the least reason, so tar as appears to the world? What the reasons of our ministers may be, my lords, for this pusillanimity, I am entirely ignorant ; and as I am igno- rant, I am innocent : for, my lords, though I am a i)rivy counsellor, I am as unacquainted with the secrets of the government as any private gentleman who hears me. I remember, my lords, a very good saying of a noble lord, who once sat in this house, it was the late lord Pe- terborough. When he was asked by a friend, one day, his opinion of a certain measure; says my lord, in some surprize, ' This is the first time I e\er heard of it' ' Im- possible (says the other,) why you are a privy coun- i. D. 1740.] THE DUKE X)P ARGTLE. 44! sellor.' * So I am, (replies his lordsiiip,) and there is a cabinet counsellor cominions of its being given up, I do not wonder at it. The reverend prelate said, that the advocates for the opposition had great ad- vantages over those for tlie ministry, bv means of certain sounds and words. My lords, 1 am afraid there is some- thin;^ in this case, more than bare sounds and words. I am afraid the real thinu^s themielves are in danger, and 44S THf: DUKE OF ARCYLE. [A. D. 1740. that the liberties aiid interests of tliis nation must suffer, if your lordships should approve of this measure. My lord., I have formerly known the people spirited up by artful, or hot-headed men against tlie government, and I havCx kno^vn them commit very great excesses ; bijt^ my lords, I always .observed, that these excesses were committed by the very dregs of ttie people, who neither knew what they w ere about, nor what they wanted. I observe a quite different spirit at this time. The spirit of opposition that now prevails, my lords, is among your cool-headed men, men of w eight and interest in their several stations^ who pay largely towards the support of the government, and therefore tliink it a hardship to suf- fer by any public measure. I\Iy lords, thpugh I had no manner of knowledge of the nature of this convention, though I were quite ignorant of all the transactions that preceded it, yet tiiis very circumstance w^ould determine me to suspect, if not oppose it. When I see men of figure in their way, crying out against it, when I see the greatest city in the kingdom petition against it, what should make them such zealous opposers, but their being persuaded that a peace, on the foot of this convention, must be more destructive to their interests, than a vigo- rous war? Their interests, my lords, lead them to desire peace ; they n:iust be considerable sufferers in a war, by theh* ships being taJvcn, the increase of the taxes, and tiie stagnation of their trade: but^still, my lords, we see, that they look upon ail these evils as more tolerable, than iuch a peace as tliis convention must give them. it is certain, my lords, that the peace we have lately enjoyed is not very desirable; we have paid dearly for it ; nay, I believe it has cost the nation more to make peace, than it would have done to have made war. But, says a noble lord, the Spaniards are very slow; give me leave to add, my lords, they are very obstinate too. But why are we to pay for tlKjir slowness and obstinacy? Are we to fit out fieek, at a vast expence to the nation, only to rjiiicken them todo v.hat efjuitv, what the law of nations, an THE DUKE OF AP.GVLE. [a.D. 1740- for me to add any thing more on those heads ; but, my lords, 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 affair as this, is equal to a point-blank refusal. Yet, we find, by the letters now upon your lordships' table, that, after a plan of accommodation was drawn up by our ministers, and every thing looked upon as finished, the Spanish minister veiy rightly apprehended, that they who would grant so much, would grant more. Upon which, a new claim 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 ; and, in the capacity of agent for the South-sea company, he ought absolutely to have disclaimed. My lords, this ^vay of proceeding proves plainly, that he has scandalously betrayed the interests of tliat company. He has sacrificed them to the injustice and exorbitancy of the court of S[)ain ; and put them upon the hard dilem- ma, either of paying a large sum on no pretence, or of beinjT the bone of contention betu ixt the t\vo nations. But, my lords, that company has no greater reason to complain of her agent, than the nation has of her n)i- nisters. Compare tlie dates of the consul of Cadiz's letters, with the time of near a hundred l{,nglishmen be- ing barbarously imprisoned and chained in that city, for no otlier reason but because they were Englishmen ; and you will find, my lords, that these dates exactly agree. The inhumanity was taken notice of by all the world, except liy that consul himself. lie observes a profound A. O. 1740.] THE DUKE OF -ARGYLEi 45.1 silence on this head, though his letters wrote at that time are very full and explicit upon other points. My lords, wiiat caa we think of this behaviour ? that a British consul should, with the greatest unconcern imaginublci see his countrymen daily labouring under conlincment^ chains, and insults ? does not this imply that the Spa- nish ministers and ours understood one another ? Doeis it not imply souie under-hand dealing, some secret col- lusion, in order to avoid a war ? 1 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, my lords, that a war, if it can be avoided with honour, especially Avith Spain, is not for the interest of tliis nation ; and that cautious proceed- ings are the best means of establisliing his majesty, and his royal family, on the throne of this kingdom. But, my lords, though I am for caution, I am not for pusil- lanimity. That mav bring the nation into contempt, and this nation never can be brought into contempt with- out weakning the royal authority. I know, tliat the fear of the pretender has a mia;hty influence with a great many, who talk upon this subject. But, my lords, I am of opinion, that our going on in tlie same measures as we have done for some time past, will be playing the pre- tender's game lor him. I am sure his majesty has the hearts of the people, and can conunand their hands too : bat a perseverance in these measures will 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. Tor my own ])art, my lords, I believe nobodv tloubts of my zeal for the continuance of the crown upon his majesty's head, and his family; I liave 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 not my duty alone tljat begets this attach- I^S;-*'- . 4^^ TJIE I>ti:KE OF ARGVLE. [a. D. 1740. triefttV tilt infcliaiatioil is as sti'ong as my duty. The knowledge I have of his majesty's y)ersonal virtues, makes it the happiness'^ and glory of every subject to serve him. I know, that he is as strongly attached to the interests of his subjects, as any pruice Mho ever sat upon the throne. But, my lords, the best, the wisest/ and most discerning princes, must see many of their most import- ant affairs in the light their ministers lepresent 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 thb particular, sure I am, that he would have vigorously asserted the rights and privileges of his people, as the greatest of his predecessors ever did. He, my lords, would have imitated the example of that great prince, king Edward HI. to ^hom he may, in many other respects, be so justly compared* And. now I have mentioned that great prince, 1 beg leave 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, ^vas then go\'erned by a faction comi)osed of a few favourites about the person of the queen-mother ; who chose to buy a scandalous peace of the North Jiritons, a people, my lords, that ne- ver abounded over-much in riches, and who were very jrlad to fuijzer a little of the ready money of tiiis nation. VV'hat did the king do, my lords r Young as he was, he had the minion, the minister, who advised that scanda- lous peace, seized , he had him tried, and hanged. Let us consult history further, my lords ; let us consider the behaviour of king Edward IV. in an instance of a simi- lar nature. IJid he bear with tlic injm'ies Erance offered to the nation ? No, lie had recourse to arms ; and as his cause v.as just, his soldiers were victoiioiis. 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 ju'udent administration. She neither governed l)y ailection, nor by a minister ; A. D. 1740.] TUE DUKE OF ARCYLE. 453 for though Burleigh was stiled prime minister, yet he was only so in name. He had indeed, a greater share of business, and greater tatigue, than any of the rest ; but tlic aftkii-s of tlie gcvermnent were never left to him alone. Commissaries were always appointed, upon every urgent crisis of aftairs ; and the administration was composed of many, who, though they bore the ut-^ most animosity against him in their private capacity, yet all united in the common cause; they laid aside all other considerations when the interests of their mistress wer6 concerned, when the honour of the nation was at stake. They sti'enuously entered into warlike measures, ratlier tlian suffer any insults ; and as their cause was founded on equity, success attended their arms. To conclude, I entirely concur with the noble lord who first spoke against the address. If it be presented, the event will be dangerous, the consequence fatal. JNfany other instaiKres I might produce from history to justify my assertions ; but as I have already taken up too much of your time, I will only say these sentiments proceed from an lionest and impartial heart Duke of A r gyles Speech on the Army. IMy Lords, As the present situation of our affairs may require an augmentation of our fo'-ces, 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 raisec',, there is, in my opinion, no question more worthy th ) attention of this august assembly, than w hat may be the n)ost proper method of increasing our urmy. On this question, my lords, I shall offer my own sen- timents with greater confidence; as there are few men 454 THE DUKE OF ARGYLL. [a. D. 1740 wbQ have had more op}X)rtunities of being acquainted witli it in its ^vhole extent, as I have spent great part 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 diflicul' 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 inconveniencies 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 Ave may not be less able to defend ourselves, than our enemies to attack us. It is well known, my lords, that states must secure themselves by different means, as they are threatened by dangers of different kinds : policy must be oppos- ed by policy, and force by force ; our fleets must be in- ci'eased when our neighbours grow formidable by their naval power, and armies must be maintained at a time like this, in v.hich every prince on the continent esti- mates his greatiiess by the number of his troops. But an army, my lords, as it is to be admitted only for the seciu'ity of the nation, is to be so regulated, that it may produce the eud for wbicii it is estabhshed ; 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 miUtary subordination be inviolably pre- served, and that the discipline be indiscriminately exer- cised without any partial indulgence, or malicious scac- irities ; that every man be promoted according to his desert, and that military merit alone give any pretensions to military preferments. To make the ai'my yet more useful it ought to be un- A. D. 1740.1 THE DUKE OF ARGYLE. 4Ji dor the sole command of one man, exalted to the im- portant trust by his known skill, courage, justic!?, and fidelity, and uncontroled in the administration of his province by any other authority ; a man enabled by his experience to distinguish the deserving, and invested, with power to reward them. Thus, my lords, ougiit 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, liow widely those \vho have assumed the direction of affairs have deviated from this method, is well known. It is known equally to the highest and meanest officers, 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 recommendations than those of his su- periors in the army, and to distinguish himself by otiicr services than attention to his duty, and obedience to his commanders. Our generals, my lords, are only colonels ^ith a higher title, without power, and without command ; tlicy can neither make themselves loved nor feared in tlicir 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 L-y an arbitrary minister from the ex- ercise of those commissions which they are invested with? And what is an annv without discipline, subordination, and obedience ? A\'hat, but a rab[)le of licentious va- grants, set free froui the coniinon restraints of decency, exempted from the neccssilv of labour, betra3'ed by idleness to debauchery, and let loose to prey upon the [)eople ? Sucli a herd can onlv awe the villages, and bluster in the streets ; but ran never be able to oppose an enemy, or defend tiie nation by Mhich they are bup i)orLed. 45^ THE DUKE OF ARGYtfc. [a. p. 1/40. They mky, indeed, form a camp upon som6 of the neighbouring heaths, or pass in review with tolerable regularity ; they may sometiriTes seize a smuggler, and sometimes assist a constable with vicrour and success. But unhappy would be the people M'ho had no other force to oppose against an army habituated to "discipline, of which every one founds his hopes of honour and re- \\ ai'd upon the approbation of the commaader. That no nian will labour to ho 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 difficul- ties, is easily to be imagined. And therefore, my lords, it caiinot 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 jnterest in a borough, or in forming an al- liance with some orator in the senate. For nothing, my lords, is now considered but parlia- mentary interest, nor is any subordination desired but in the supreme council of the kingdom. For the esta- blishment of this iiew regulation the honom's of every profession are prostituted, and every commission is be- come merely nominal. To gratify the leaders of the ministerial party, the most despicable trifiers are exalt- ed to an authority, and thope v;hose want of understand- ing excludes them, from any otlier employment, are se- lected for mihtary commissions. No sooner have they taken possession of their new command, and gratified, witli some act of oppression, the wantonness of new authority, but they desert tlicir charge with the formality of demanding a permission to be absent, which their commander dares not deny tliem. Thus, my lords, they leave the care of the troops, and the study of the rules of war, to those unhappy men A. D. 1740.] THE DUKE OF AllGYLE. 457 Mho iiave no other claim to elevation than knowledge afid bravciy ; and who, tor ^^ant of relations in parlia- ment, arc condemned to linger out their lives at their <]uarters, amuse themselves with recounting their actions and sufferings in former \\ ars, and with reading, in the papers of every post, the conniiissions wliich are bestow- ed on tiiose who never saw a battle. For this reason, my lords, preferments in the arm\-, instead of being considered as proofs of merit, are looked on only as badges of dependence ; nor can any tiling be inferred from the promotion of an officer, but tiiat he is, in some degree or other, allied to some member of par- liament, or the leading voters of a borough. After this manner, my lords, has the army been mo- delled, and on these principles has it subsisted for the last and the present reign : neither myself, nor any other general officer, have been consulted in the distribution of commands, or any part of military regulations. Our armies have known no other power than that of the se- cretary of ^var, who directs all their motions, and hlls up every vacancy without opposition, and without ap- peal. But never, my lca"ds, was his power more conspicuous than in raising tlie levies of last year ; never was any au- tliority 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 gi'cater contempt, or witii more confidence and security distribute posts among his slaves, m ithont any other reason of preference, than his own uncontrola- ble pleasure. And surely no man, my lords, could have made choice of such wretches for military commantls, but to shew, that nothing but his own private inclinations should in- tlnence his conduct, and that he considered himself as supreme and unaccountable. For we have seen, my 458 TII DUKE OF AHGYLE. {a.D. 1740. s lords, the same animals to-day cringing behind a coun- ter, and to-morrow swelling in a miiitary dress ; we have seen boys sent from sciiool in despair of improvement, and entrusted with militaiy command ; fools that cannot learn their duty, and children that cannot perform it, have been indiscriminately promoted ; the dross of the nation lias been swept together to compose our ^ new forces, and every man wlio was too stupid or infamous to learn. or carry on a trade, has been placed, by this gi'eat disposer of honours, above the necessity of application, or the reach of censure. Did not sometimes indignation, and sometimes pity, 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 tiie mechanic new modelling his mien, and the stiipling tottering beneath the weight of his cockade ; or to hear the conversation of these new adventurers, and the in- stnictive 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 %vith the reconmiendation of a young gentleman who liad learned his profession in two campaigns among the Russians ; and whom, yet neither his o^vn desert, nor my patronage, could adv^ance to a commission. And I believe, my lords, all the other general-officers were equally unconsulted, and would, if their advice had been asked, equally have disapproved the measures that have been pursued. ]3ut thus, mv lords, were our new regiments complet- ed ; in wliich, of two hundred and fifty officers who have subsisted upon half pay, only. tliiity-six have been promot- ed, though surely they might have pleaded a juster claim to em[)loyment, who had learned their j)rofes- sion in the service of their country, and had long Ian- A. D. 1740.] THE DUKE OF ARGYLE. 459 guished in penury, than those ^vho had neither know- ledge, nor capacity, who had neither acted, nor suffered, any thing ; and who niiglit have been destined to the hammer, or the plough, v\ithout any disieputation to their families, or disappointment to themselves. I have been told indeed, my lords, that to some of these officers conmiissions were oft'ered, Avhich they re- fused ; and for this rehisal every reason is allcdged but the true ; some, hideed, excused themselves as disabled by age, and infirmities, fnjm military service ; nor can any objection be made to so just a plea. I'or how could those be refused in tlieir age the comlbits of ease and re- pose, who have served their country w ith their youth and vigour .<* Others there are, my lords, who refused commissions upon motives very dift'erent ; in wliich, nevertheless, some justice cannot be denied. They who had long studied, and long practised their profession ; thcv, 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 tradesmen, and of scliool- boys : they imagined, my lords, that they ought to govern those whom they should be obliged to instruct ; and to lead those troops, whom they njust range in or- der. But they had forgot they had out-lived the time when a soldier was formed by study and experience, and had not heard, in their retreats, that a colonel or a captain was no\\- formed in a day; and therefore, when they sa^\' and heard their new commanders, they retired back to tlieir half-pay with surprise and in- dimation. But, my lords, the follies of last year cannot be easily rectified, and are only now to be expo.sed, that they may not be rej)eate(l If we are now to make new levies, and increase the number of our land-forces, it is, in my opinion, incumbent u[)on us to consider by what methods we inav best augnicnt our troops, and liovv we may be able to resist our foreign eneuiies, \> ith- 40 THE DUKE OF AR,GyLE. [a. D. 1740. Out exposing the nation to intestine miseries, and leav- ing our liberties at the niercy of the court. There are, my lords, two methods of increasing our forces ; the first is, that of raising new regiments ; the other, of adding new men to those which already sub- sist. By raising new regiments,, my lords, "we shall only gratify the minister ^vith 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 expence. By the other method, of adding a hundred men to every company, we shall not only save the pay of the officers, which is no slight consideration, but what seems (if the reports raised by th*e 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 distributnig them among those v\ho are already instructed in their duty, we sliail give them an oppor- tunity of hourly improvement ; every man's comrade will be his master, and every one will be ambitious of fonning himself 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 ajust 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 jn the late war, either as con- federates or mercenaries, have but few officers. And I very well remember, my lords, that whenever they were joined by parties of our own nation, the inequality in tlie number of the officers produced contests and disputes. The only troops in EuropC; my lords, timt swarm A. D. 1740. J THE dukp: of argyle. 46^ with officcrSj ore those of France ; but even these have fewer officers, in proportion to their private men, in time of war ; for when they disband any part of their forces, they do not, like us, reduce their officers to half- pay, but add' them to the regiments not reduced, that tlie famiHes of their nobility may not be burthened with needy dependants, and that they may never want officers tor new levies. There are iiiany reasons, my lords, that make this practice in France more reasonable than it would be in our kino-dom. It is tiie chief view of tlicir jjovcrnors 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 authorit}' of the ministry ; and therefore those measures are to be pursued, by which independence and liberty will be most supported. It is likewise to be remembered, my lords, tliat a French officer is supported with pay not much larger than that of a private soldier among us ; and that there- fore the ai'gurnent which arises from the necessity of frugality, is not of the same force in both nations. There is yet anotlicr reason why the French arc un- der tlie neec-sity of employ hig more officers than any other nation : the strength of their armies consists in tlieir sentlcnicn, ^vho cannot be expected to serve witl}- out some command : the connnon soldiers of the French army arc a mean, spiritless, despicable herd, fit only to th-udge as pioneers, to raise entrenchments, and to dig mines ; but witlKJut courage to face an enemy, or to ])rocced witli vigour in the face of danger. Tlieir gentlemen, my lords, are of a very diffi:rent character ; jealous of their honour, and conscious of their birth, eager of distinction, and ambitious ot' pre- ferment. They have conunonly their education in the army, and have no expectations of acquiring fortunes equal to their desires by any other profession, and are 462 THE DUKE OF augyle. [a. d. 1740. therefore intent upon the improvement of every oppor- tunity M'hich is offered them of increasing their know- ledge and exalting their reputation. To the spirit of these men, my lords, are the French armies indebted for all their victories, and to them is to be attributed the present perfection of the art of Mar. They have the vigilance and perseverance of Romans, joined Avith the natural vivacity and expedition of their ouTi nation. We are therefore not to wonder, my lords, that there is in the French armies an establishment for more gen- tlemen than in other countries, where the disparity be- tween the military virtues of the liigher and lower classes of men is less conspicuous. In the troops of that na- tion nothing is expected but from the ofilioers ; b jt in ours the common soldier meets danger with equal intrepidi- ty, and scorns to see Jriimself excelled by his officer in courage or in zeal. We arc tlierefore, my lords, under no necessity of burthcning our country Avith the expence of new com- missions, M hich in the army Avill be supeiHuous, and in the state dangerous, as they will fill our parliament with new dependants, and our corporations with new adherents to the minister, whose steady perseverance in his favourite scheme of [)arliamentary subordination will be perhaps the only occasion of these new levies, or at least has hintlered the right application of our stand- ing troops. For what reason, my lords, can invention or imagination assign, why the troops who had been for some time disciplined, were not rather sent to the assis- tance of Vernon than the new marines, except that some of them were commanded by men, who had ob- tained seats in the other house, and who by their settled adherence and avowed fidelity to the minister, had re- commended themselves too powerfully to be rashly ex- posed in the service of their country to the bullets of the Spaniards. So great, my lords, has been the minister's regard to parliamentary abilities, and so strict his gratitude to his A. D. 1740.] THE DUKE OF ARCYLE. 463 friends, that I know of but one member of the other house tliat has been hazarded in this expedition ; and he a hopeless, abandoned patriot, insensible of the capacity, or integrity of oar minlsti-y, and whom nothing has been able to reconcile to our late measures. He, therefore, who lias never exerted himself in defence of tlie ministry, M'as in his turn thought unworthy of minis- terial protection, and was given up to the chance of wai' witiiout reluctance. But I hope your lordships will concur with me in the opinion, that it is not always necessary to gratity the ministry, but that our country claims some part of our regard ; 'and therefore, that in establishing our army Me should pursue tliat method which may be most acconmiodated to our constitution, and instead of imitating 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 our new levies, instead of being put under the command of boys, been distributed in just proportions among the standing regiments, where they might soon have been qualified for service by the insi)ection of experienced officers, we migiit now iiave seen an army capable of awing the court of Spain into submission, or, if our demands had been still refused, of revenging our injuries, and punish- ing those M'ho had insulted and despised us. Trom an army thus raised and disciplined, detacli- nicnts, my lords, ought to have been sent on board of all our Heets, and particularly that which is now sta- tioned in the ^lediterranean, which would not then have coasted about from one port to another, witliout hurting or iVightin^T the encniv, but ti.ight by sudden descents have s})read terror tliro' a great })art of tlie kingdom, harassed their troops bv continual marches, and by fre- quent incursions, have plundered all the maritime pro- vinces, driven the inhabitants into the inland country, and laid tiic villa i^es in ashes. 46-1 t)tKE OF ARGYLE. [a. ti. 1740. There is yet, my lords, no appearance of a peace ; for our success has not enabled us to prescribe terms, and I hope we are not 3-et 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, irho may perhaps endeavour to persuade us, that we ought to resign all our understandings to his superior wisdom, and blindly trust our fortunes and our liberties to his unshaken integrity. They will, in proof of his abilities, produce the wonderful dexterity and penetra- tion which the late negociations have discovered, and will confirm the reputation of his integrity by the con- stant j^arsimony of all his schemes, and the unwilling- ness with whicli he, at any time, increases the expences of the nation. But, my lords, it is the great duty of your high sta- tion to watch over the administration, and to warn those who are more immediately entrusted with the public affairs, against measures which may endanger tlie safe- ty or happiness of the nation ; and therefore, if I have proved to vour lordshij)?, that to raise new regiments is dangerous to our liberties ; that a multitude of officers is of na use in war ; and tliat an army may be more expe- ditiously disciplined by adding new men to every com- pany, I hope your lordships -will agree to this resolution, which 1 have drawn up with the greatest bre-i?ity, and of which the meaning cannot be mistaken : That the augmenting the army by raising regiments, lis it is the most unnecessary and most expensive method of auq;mentation, is also the most dangerous to the li- berties of the nation. A. V. 1743.] rtON. Ei)WARD COKE. ^66 HONOURABLE EDWARD COKE. I'he following speech contains sortie reflections that are not inapplicable to the present times. It is curious to observe how exact a picture the author has exhibited ot the prcBeut, state of Europe, how literally his fcarj have been venhed, anii yet how utterly iiiifounded and chimerical they were at tl.e tune. One might be tempted to suppose, in reading the dreatus of these forward and self-pleasing prognosticators, that the scheme of uiiii versal empire, with which the rulers of France have been so often complimented, had familiarized her imagination lo the de- sign, arid engendered those high thoughts of ambition arid vanity which have at length rendered her power, not a glittering phan- tom, an idle bugbear, a handle for crooked poliry, for low ma- liopuvrcs, and petty, vexatious, endless hostility, the play-thing of orators and statesmen, but a tremendous and overwhelming rea- fity, that like a vast incubus ov66 HOX. EDWARD COKE. [a, D. 1743. about eighteen or nineteen months ago. I think tliere is no maxim in politics more certain than this that it is inconsistent with the liberties of Europe, to allo\v France to ina'ease her own power, or to divide the })ower of Europe into so many branches as to make it impossible for any one prince or state to think of opposing her in any of her ambitious schemes ; for it is very certain, that, as soon as the thoughts of opposition end, those of dependence begin ; and consequently, if France could once etlect this purpose, all the princes and states of Europe would become dependent upon her, and most of tliem A\ ould, at all times, think of preserving their insig- nificant shadow of sovereignty, only by being obedient to her commands, and assisting her against those who should bravely dare to rebel. We should then be in the same circumstances Europe, or, I may say, the Morld was, when the grandeur of the llomans \\as at its greatest height. Some of the princes and states of Europe might be dignified with the deceitful tide of Snc/i Gallki Imperii; but if ever any of them should dare to behave otiierwise than as the most abject slaves, even tliat empty title they ^^ ould be &tripjjed ot^ and their territory w oukl be converted into a province of tlie French empire. Oiu' royal family, like that of Macedon, might, for some time, be left in possession of tlieir throne ^ but if anv one of our future princes should endeavoiir to shake oil" his dependency, a }]o^verful in- vasion would be the certain consequence; and if France were sole mistress of the continent of Euro})e, or had it cntirelv at her command, our natural barrier would prove inefteetual : she would then come up against us with .'^ucii a power as we could not oppose, either by sea or land; our royal fami!} w(;u}d he. cut otl'; our nuijle and grcitt families v, ould i)e all carried captives into k'rance ; and l:.ritain v.ould, from thenceforth, be divided, and governed bv IVeiieh intrndants or lieutenants, as ]Ma- cedoiiia was i)y Fomuu prietors or proconsuls. This (f;i)'-(j(ji;cn(:e uas foreseen, sir: this conse- ucnce ail ivarope was sen-;iblc of in the la-t; age : I uisli Ai D. 1743.] HON. EDWARD COKE. '467 I could say the same of the present; but, by -vvhat fata- lity 1 know not, the present age seemed, a few months ago, to be struck with such a bhndness as prevented their seeing this danger, though it was never more appa- rent. Several of the princes of Europe, governed by a private selfish interest, had actually joined with France in pulling down the house of Austria, though that was the only power, upon the continent ' of Europe, that could, by itself, pretend to limit or set bounds to the ambitious vie^vs of Erance. By this means the queen of Hungary was environed with such numerous hostile armies as it was impossible for her to resist for any long time, and the confederacy against her was so powerful, that no counter-confederacy equal to it could be formed. This, I shall grant, was in some measure owing to her own unseasonable obstinacy, as Avell as to the selfish views of some of her cneniies; for, however unjust she might think their pretensions, in conmion prudence she should, upon the death of her father, have yielded to tliose that were the most moderate, in order to enable her to resist those who were so immoderate as to aim at tiie total o\ erthrow of her house. This, sir, was, from the lieginning of tlie present troubles, his majesty's advice to her; but this prudent advice she would not, for a long time, give the least ear to ; and this not only united her enemies amongst tliem- selves, but increased the views and demands of each; Mhich reduced his majesty to the fatal necessity of wait- iiiL'" liil licr obstiiiacv should be softened, and the eyes of some of her eneuiics o})ened, by time and future ac- cicients. TJii-; hv v,as obliged to do belore lie could opciilv dct'lari' in iicr i;ivo;ir, or as.-ist her in any other tiiap(.' than bv i/ranting hiv .'/ai;,.- of money; but this he (lid Mith a steady d(.'sii!;n lo take advantage of every acci- deiit thatn':ii:ht happen; and th(; bekia\iour of the French in (ierniau\-, c-peciailv about the timeor'tbie battle o-' CVot'ka, wii-i -ncli as fn.rnishid bini v;ith an opportu- H h '1 46s UOK. EDWARD COKE. [a. t. 1743^ nity, which he wisely took care to lay hold of, aud to make the best use of it he could ; whereby he prevailed upon both the. kings of Prussia and Poland to withdraw themselves from the French alliance, and to make peace with the queen of Hungary, upon tenns \Ahich (her ob- stinacy being now overcome by time and mature consi- deration) he readily agreed to. By this prudent conduct of his majesty, it became noAv possible to form such a confederacy in Europe as might, with some hopes of success, endeavour to oppose the ambitious designs of France ; and to gi^ c courage to the other powers of I^urope 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 entl of the campaign, raised such terrors in FVance as pre\cnted their sending suffi- cient reinforcements to their troops already in Germany, and likewise prevented their joining the Spaniards with such 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 \\ ith the queen of Hungary. At the same tiuie, p'roper or- ders were given to his majesty "s admirals in the Medi- terranean tt) prevent the Spaniards from sendhig any reinforcements or provisions by sea to their anny in Italy, and our .'-cjuadron there Mas reinforced and in- structed so as to enable it to execute those orders, against w{iest)ever should dare to abet the Spaniards in any such atten)j)t. By these means, sir, the queen of Hungary was, before the end of the cauipaigii, restoved to the posses- sion of Bolicmia, ^Vestpliaha was freed from the l)urden and terror of a J-Vench army, and the Spaniards Mere, durint;; tlie mIjoIc cainpaign, defeated in every attem})t they made against Italy: but there Mere tuo tilings still reniaininii; to be done; Mhich Mere, to drive the French entirely out of (r<.'n!ravaria, but opeiied 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 OMn. Whilst his majesty was thus triumphing over the a^rms of France in the field, he equally triumphed over her counsels in the cabinet; for, notwithstanding the utmost efforts of France to the contrary, he prevailed with the Dutch to send a body of 'JIO,0{)0 men to the assistance of the queen of Hungary, and a definitive treaty of alliance whs concluded at Worms, bctueen his majesty, the queen of Hungary, and the king of Sartli- nia, by which the alliance and assistance of that })rincc was established upon a firm basis; and experience has already shewn the great use it may be of to us, in de- feating the designs of our enemies the Spaniards, in Italy, wiiich will convince tluit haughty nation of its being necessary for them to cultivate a good correspondence ^\ ith Cheat I'ritain, if they have a mind to be quiet in their own j)Ossessions, or to disturb the possessions of any of their neighbours. These great and unexpected events, sir, have been idl brought about by the wisdom and vigour of his ma- jesty's counsels ; and therefore we cannot in gratituflc omit taking notice of tiieni upon tiiis occasion. I was very sensible tliat tliere \\cre many gentlemen in this ^i(.)<.ise, who coulu have ^ct th.cm in a clearer light, and 470, HON. EDWARD COKE. [a. D. 1743, recommended them to your consideration witli greater energy, than I can; but I knew your aftisctioo and duty to your sovereign, and the lustre of tliose events was in itself so refulgent, that 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 he forgiven my arrogating to myself the honour of moving for its being resolved, " Ihat 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, alter the dangers to which fiis sacred person has been exposed, in defence of the common cause, and of the liberties of Europe; 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 ^ to congratulate his majesty on the success of his arms, in the prosecution ot 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 wel- come to his faithful commons, than to hear that he ^was joined by a body of the troops of the States General, Avhose interests and those of this country are insepara- ble ; to declai'e our satisfaction in his majestys having concluded a definitive treaty between his majCbty, the fjueen of Hungary, and the king of Sardinia- which al- liance must niituraily contribwte to the advantage ()f the common cause, and to the disappointing and dibtressing the crown oi Spain, with which this nation is engaged in so just and necessary a war; to assure his ntajcsty that we will, witli the greatest zeal, unaninrily, and dis- patch, grant to his majesty such ehectual supplies as shall he found rcqiusite for the iionour and security of this Ufition, and as may enable Jiis majesty lo concert such alliances, and pursue with vigour such measiux'S, as may bo necessary for re-estahiisiung the publi:: tranquiliity, and procuring a sate'and honourable peace. A.D.I 744 J gMtj'r>ifri'l)EU^ ^*1 SIR DUDLEY RYDER. To those who have to Avade through the crude, undigested .mas& rtf the recordis of parliiiuient, there is su^h, a tedious monotony, such a dreary vacuity 'of thought, such an eternal self-comphicent re- petition of tlie sHine worn-out topics, which seein to descend li^e an inheritance from one generation to another, that it is somfc relief to escape now and then from the dull jargon of political controversy. I have given the following speecli, though it is suOiciently dry and unintercdting in itself, because it a little varies the prospect, and contains something that looks like irtgenuitt and ariiuhient. .S JUs Speech on the Pretender's Sons Bill. ; -. X - : - ..s .t Sir, "^ ^. . ..ij Though the bill now before us went through this house with great unanimity, yet as the aniendmen{4 made to it by the other liousc, are not only iuiportant, but, I think, absolutely necessary, 1 shall l3eg leave to explain them a little; and when they are explained,'! hope they ^^ill meet with a ready concurrence from thi house. The first material amendment, I ntean that f6f attainting the two sons of the pretender, in case they should land, or attempt to land in (ircat Britain, or any of the dominions thereunto belonging, can stand in no need of any long explanation, or many nvguments for procuring your a|)pr()l)ation. If they, or either of them, attempt to land in anv of his majesty's 'Brit!>li clomi- nions, we can make no doubt of the dcsi'm tlirv will have in view: we mnstl)c coir, inccd, that it Avill be with a design to raise or countcnan.-:c a rebellion against his majesty's govci-iimcnt, and therclore, every gentlcmnii must see the necessity of declariiii^ tliem guilty of liigh treason, in case thevmake anv such attempt. I sliall tii(V(fore, sir, s ly nothing farther upon this head; but the otlicr amendmert:', by which the 4^2 SJR DUDLEY RYDEE, [a, D. 1744 effect of one of the clauses in the act of the 7th of queen Anne is to be suspended during tlie lives of the pre- tender's 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 1 am to propose agreeing with the other house in this amendment as veil as the rest ; I say, sir, upon all these accounts I think myself obliged ^0 shew, tliat every one ot tiiese 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, ii I dip a little farther into the writings of learned men, and fa- mous lawyers, than is usual in debates here, I hope the necessity I am under will excuse the liberty I take ; but before I begin, I must observe, that by this amendment it is not proposed to repeal the law of the 7th of queen Anne, with regard to forfeitures for treason, but only 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 of the amendnient now under our consideration. All diat can be said, sir, a2;ainst forfeitures for trea- son, must proceed from mistaking or misrepresenting the nature oi punishments, and the ends for which they liave jDcen introduced into human societies. Punishment i^ A, D. 1744.] SIR DUDLEY RYDER. 473 said to be malum passionis, quod injl'igitui' ob malum itctioms ; and tiierefoie, in its own nature, it must be confined to tlie person of. the criminal ; for wlioever pre- tends to indict a puniiihnicnt upon an innocent person, cannot properly be said to punisli : on the contrary, he deserves to be punished, because in so doing he commits a crime, or a malum actionia ; and for that reason ought to have a malum pamonis inriicted upon him. How- ever, there are many misfortunes, inconveniencies, anrl losses, vvhicii innocent men are subjected to by the nature of tilings, and may be exposed to by tlie laws of society, for the preseivation or wehare of the society. As there are many diseases tliat descend from parents to children, it is a misfortune for a child to be born of parents afflicted with such diseases : it is a misfortune for a child to be born of parents that are poor a'.id indigent ; but these misfortunes are not to be called punishments, because they are, by the nature of things, intiicted upon innocent persons. There are others, as I have said, which innocent men may be exposed to by the laus of society : such were the confinements which leprous or unclean persons were exposed to by the Jewish law j and such are thos^ .confinements wliich people are subjected to by our law, who are infecte^l, or under suspicion of hehig infected with tlie })lague : such, likeuise, are the misfortunes which attend children who are born of slaves, in countries where slavery is established: such were the incapacities of childreri born of plebeians, in the ancient lloman commonweaith, who could not intermarry witii the patricians, nor be advanced to any of the chief posts in the government : and such are the misfortunes atleniU ing children born in this country, of parents who happen to be convicted of tieason ; because by their attainder they are divested oi every tliiii'^ that belonged to them, and therefore the children are in the same state as if tliey liad bet-n born of poor and indigent parents. l>ut none of these mi^fortuaes can be said to be punishments, nor were ever called so by those who understand any thing of tl:c laws of nature oi a.itiuns, 474 SIR DUDLi:Y liYDER. [a. D. 1744. Both the le^fnecl 'Gt-oHits, and the learned Pnffcn- dorf, are clear upon this subject. The former, in treat- ing of Avhat he calls the commuliication of punishments, in order to shew that an innocent man ought not to be made to sutfcr for the crime of the guilty, distinguishes between that damage or loss which a man may suffer directly, and that \^ liich he may suffer consequentiaU3^ 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 what he has a conditional right to, by tlie failure of the condition upon which he was to have it : and forfeitures 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. For this reason, that learned gentleman says, that for- feiture 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 after having thus distinguished, he concludes, that no man who is perfectly innocent can be punished for the crime of any other man. 1'he learned Puffendorf, again, treats this subject in the same manner, and almost in the very same \\ords. lie distinguishes between a damage suffered directly and consequcnitiaily : " The first is, (says he,) when a man is deprived of that he has already a proper right to : The second, \A\cn that condition is intercepted, witli- out which he could not enjoy such a right. Thus, when the estate t!ie parents w-cre possessed of is for- feited, the chikh'cn also feel tlie loss of it : but, how- ever, this is not a punishment properly, with n^spcct to the chiidrcn, bcrause thcv cannot Com3 to the in- iicritancc of tlicir father's estate, unless the f-ither pre- serves it for tliom til! he di(^s ; and tiierefore, the con- tiscation or forfeitm-c only intercepts the condition, v\ ithout which, the cliiklrcn can have no right to the f.itticr"i; estate." A. D. 1744.J 6iR DUT5LEY RYUtH. 475 7'o the opinion of these two leyrned nioflrrns, sir, I shall add the opinion of a very fa,ino(i.s man iiinonjr the antients , I mean Marcus Tiillins (.'icero; ^vho, in otic of his letters to Brutus, approves of the forfeiture of Le[>i dus, imd says, it was as just to reduce his children to a state of want and misery, as it was in the Athenians to reduce the children of Tiieniistocles to that wretched state. To which he adds, that this was an ancient and general custom in all commonwealths: from whence I think I may infer, tiiat the forfeiture of. traitors was a law which prevailed amonir the Hoinans, long h store the establishment of their empire. And that thi.^ law was es- tablisiied among the Jews, even in king David's time, is evident from the story of Mephihoshcth, and his servant Ziba; for, from thence, we find, that the estate of Saul had been forfeited, but was restored to Mephibosheth, for his father Jon-'tiian's sake, and was again taken from him by anew forfeiture, on a false sug:i:estion of Zihas. Having thus shown, air, that the forfeiture of a guiltv father cannot be looked on as a p^mishment upon the innocent children, it can no way be said to he incon- sistent with relif,don, especially that precept delivered to t!ie Jews, which forbids punishing the father for the son's inir|uity, or the son for the f ither's. That law was cer- tainly meant again^t subjecting either tlie one or the other directly to any los^, dama'7;c, or' inconvenience, for the crime of the other, and not against that consequen- ti d damage which is brou'iht upon the son by the forfei- t;:re of the tathcr ; and, as I have shewn that forfeitures liave been rvppro\'ed of by the most learned lawyers, botii ancient uuvl iiiodern, and were established in the Jcwi.-^h, (rrecian, and Roman commonwealih'^, no i<;en- tleina'i can, I tb.ink, have tiie e(,!ifidv.\ic-' to aver, that tiaCv wcxv. or are, inconsi-^tent with natural justice, ov tl.r !i!)erties of a f ee people. Tiie nr\t tiling I am to she'v, ^^ir, is, that th^y are con-ir.rivint to tlie laws of tills king lorn, both ancient aid modern. il--.re, indeci!, lam at some losi v,-h-,;t Lcni'e- 47S SIR DUDLEY RYDER. [a. D. 1/44; men may mean by our ancient laws ; and therefore, that 1 may not be accused of any neglect, I shall go as far back as I can. 1 think I may be very sure, that no man can tell what our laws were, or whether we had any, before the Romiuis came amongst us. If gentle- men nican by our ancient laws, the la^\ s which prevailed amongst us whilst we Averc subject to the Jlomans, then certainly, the law of forfeiture for treason was esta- blished, because it was then a part of the Roman law. If we conie to the laws of the Saxons, and say, that tliese were the ancient laws of this kingdom, I think the point may be as positively determined in favour ot" forfeitures ; for that the feudal customs prevailed among the Saxons, as M ell a among their other noiithern neighbours, is, in my opinion, clear to a demonstration ; and it is certain, that by tiie feudal law , tlie forfeiture of the estate was the certain consequence of any breach of fealty in the tenant or vassal. If we refer to the fi'agments, stilj. remaining, of the Saxon la\s s that were established in tliis kingdom, the point will be as clear in my favour. It is very true, that from these fragments it appears, that fines, or mulcts, were the punisimients inflicted upon most crimes: but still there were sometliat were j)unish- able with death, or forfeiture of estate, and sometimes with both. ]jy a law of king Inas, it is expressly en- acted, that uhoever li^zhts in the king's palace, shall lose his inheritance : hctTcditatem pcrdat, are the words of t'lc law. And, by a law of the famous king Alfred, it is enacte-l in these words; Si qu'i.s vitce regis hmdictury perse, vi'l per idtore.f incrcede amdui'tos^rcl servos suns, vita privetur et omnihus rpue pos- ILLIA:\r VlTl\ Es(i. SIi //.> speech on the Addi\s-i. 1 he amendnuut proposed upon tliis o^;:a^ion, is so scry unseasonable, and has suc.li a (lann(M-ous \v\\- dency, that I need not take up inacii of yuur lime wilji arguiiKiits agaiii.^-t it. I should not. indeed, have given you any trouble uj)ou the occasion, but that I am airaivl ot being supjioscd to iiave had a couccrn in drawiiii; it up, and ha\ ing it at this time olti rod to vour consi.ler- ation. As 1 have always appeared to bi; a irit^id lo every tliinir that could be reasonablv oili.-r.'d ibr 'e are under daily apprehensions, both of an irrup- tion, Und a foreign invasion's being made upon the other ; and that invasion ^^ ould, certainly, be attended A. D. 1745.] XVlLLIAil PITT. 481 with an insurrection. In such circumstances, shall we amuse ourselves with contriving metliods to preverit tiie effects of corruption ? Shall we spend our time in projects for guarding our liberties against corruption, when they are in such immediate dangtr of being tram- pled under foot by force ot arms? Would not this be like a man's sitting do^vn to think of ways and means for preventing his being cheated by his servants, at the very time that thieves Avere breaking into his house? No gentleman, sir, who has a due sense of the danger we are in, will, or can, think of any tiling else, till we are entirely delivered from that dani:i;er. Much less will any such gentleman think, till tlicn, of intro- ducing bills, that must raise great altercations amongst us, and may, if defeated, occasion discontents and lieartburnings among the people. I hope, the rebel- lion will be cxtiniiuished, loui^ before this session is at an end ; and the moment it is, I believe, I shall be for our resuming the consideration of what ;nay bo neces- sary to be done for preventing a corrupt dependency in parliament. At present, I can tl;ink of no reason for suspending that consideration any longer ; and therefore, I hope, we may be ai)le to frame some such bills as are hinted at in this amendment, before the present session ex- j)ires; butsuppose nothingof thekindshouUi beattempted in this session, we shall, I hope, have many sessions after this, and sessions, 1 hope, undisturbed by a foreign war, or domestic insurrection. Such a se^-^ion would be the most proper for our undertaking to new-model our c(ni- stitution. Corruption is not, I hope, gOo to such a heiglit, as to be able to defend itself against all the atteni})ts we can niake to demolish it. If this were the case, our at- tempts in this session would be as vain as it can be siu)- posed they \vill be in any future session; tiierefore, our resolvino- to frame bills in this session must be vain, as it may be delayed till some future session, when we may enter into the affair witli safety, and witliout our beinjx in danger of thereby making ourselves a prey to our enemies. vof. I I i 483 WILLIAM Pitr. [a. b. 1745. But suppose, sir, we Mere resolved, at all adven- tures, to. undertake the framing and passing of some such .bills duiing this session, what occasion is there, what pretence liave v\-e for thus bringing the affair bv head and shoulders into our address? The people without doors, we see, are so sensible of the danger they are exposed to by means of the rebellion, that they have entirely forgot the danger they think themselves exposed to by means of corruption. We have lately heard of no letters, instructions, or remonstrances from any county or corporation in the kingdom to its representatives, in favour of any bill against corruption. They are. so wise as to think of nothing, at present, but subscriptions and associations, for defendini:!; their sovereign and them- selves agamst those who have wickedly and traitorously conspired to rob him of his crown, and them of their liberties, properties, and religion. Do gentlemen in- tend to give a turn to the spirit of the people, and to set them a contending against secret corruption, that their liberties may the more easily become a prey to open force } Sir, if I Avere not well acquainted vi ith the hon. gentlemen, who made and seconded this motion, I should really suspect their having some such design ; and how- ever much I may from m}' personal knowledge be con- vinced thatthey have no such design, they may depend up- on it, that if they do not withdraw their motion, the suspi- cion will be strong against them, amongst all those who are not intimately acquainted with them. Such a suspicion, I cannot think, sir, any gentle- man would choose to kiijoiu' under; therefore, I hope, they will withdraw tlieir motion. I hope, that for their own sakes, and for the sake of their king and country, they will not insist up(;n its appearing in our votes, if they do, the whole world '\ill ^a}^, tliey have contribut- ed, as much as they saieiy could, towards rendering the rebellion successful. The hon. gentlemen may al- ready plainly perceive, that a negative will be ])ut upon their motion. ^Vhy then should they insist upon the question } If they do, it v> ill be impossible to suggest A. D. 1746.] GEORGE LYTTLETON. 483 any reason for it, but that of their resolving to have such a popular question appear with a negative upon it in our votes, in order to raise discontents amOng the peo- ple, and to make them turn against our present happy es- tablishment, that money and those arms, th^y are now wisely and generously providngfor its defence. GEORGE LYITLETON, Esq. I mu<;t confess that the following Speech on abolishing certain feu- dal jurisdictions in Scotland is one of the most elegant and in- genious in this collection. IVIr. Speaker, If it could ever be probable that any bill of great mo- ment, especially one in which not only the national in- terest, but many particular interests are also concerned, should pass through the house \\ithout debate, this, I should have thought, would have done so, because none has ever been more universally called for by the voice of the nation ; none has ever undergone 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. Ilowever, sir, notwithstanding these favourable circum- stances, I did expect that in the conmiittce some differ- ence of opinion would happen about particular clauses; and I rather ^vished that there might, because an aiiair of so very serious a nature cannot l)e too carefully and strictly examined, and l)ccause, it there are really any faults in the bill, I most sincerely desire tliat they may be amended. lUit 1 did not expect, I am extremely sui-()ri.sed that it should be opposed upon the principle, that it should be opposed as a breaili vj the uidon ; and my concern is equal to my surj)rize. Next to the breaking of the union, 1 hardly kr.ow a worse misfortune thnt can befal tlie whole united kinsdom. tiian to have it ^jUl:- I i 2 484 GEORGE LYTTLETOX. [a. D, 1746. gestcd in parliament tJiat it is broken, and to have tliat suggestion prevail in the minds of the people of Scot- land. It is a suggestion in which the enemies 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, without due satisfaction made to the owners, be taken fi'om them." 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 away M'ithout 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 Mithout duo satisfaction made to tire owners ; where then is the wrong, Mhere is the violation of the pacta conccnta be- tween the two nations } Sir, I have considered the treaty of union -^vith all tlie attention and rare I possibly could, startled by the objections that have been made by some persons for \\ hose judgment I have tiie highest regard and respect ; l)i:t I protest, tliat after tlie strictest examination, there does not remain in my mind the smallest apprehension or sliadow of doubt, that it can in the least l)e infiinged by onr passing this bill. The 18th and *(Jth articles are all that relate to the n'attcr now before you. }jy the 18th a distinci'/)!! 's made between the laws that con- cern "'ublic ri:ht. policv, and civil jiovernment, and thoiic that concern private right; the iirst are declared to be alterable by parliament, the latter not, except it be for tlie evident utility of the subjects M'ithin Scotland. A.D. 1746.] GEORGE LYTTLETOV. 485 Now, sir, not to insist on any difFerence between rifjht of property and private rights; but allowing that this article extends alike to the securino; of both from bein< 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 the treaty of union ; nor can any distinction be made between this sort of property and any other existing in Scotland. But that the public is more affected by this than by any other, as to the i^Oth article, the intention and pur- port of it ap{)ears to me to be evidently this that whereas these jurisdictions and superiorities are of a mixed na- ture, and might well be supjjoscd to concern policy and civil government, and to be alterable by parliament, even without compensation made to the owners; tliey were declared, by this article, to be rights of property, ia Older to j)ut them on the same foot with other j}rivate rights, and to secure an equivalent to tlie proprietors, in case they should afterwards be taken away by the Misdom 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 the parliament^ before tlie union, and because, till this lias been done, 1 will venture to affirm the scheme of the union, in all the beueticial purposes of it, w\\\ not be fully completed, In the very words of this article, a power of making this alteration is clearly im- plied. The heretable J!Hi5dictious and superiorities are there reserved to the o.viiers thereof as rights of })ro- pcrty but in what manner: whv in the same manner as thev were then enjoyed by tht' laws of Sccjtland. Now, sir,ljy the laws of Scotland, couUl not the Scotch parlia- ment, before the union, have altered this property, as well as all other proi^erty, u.[)o:i due compensaiion made to the owners, for the good of the public? They cer- tainly could ; therefore they are declared to be now held 486 GEORGE LYTTLETON^. [a. D. 1746. and enjoyed, subject to the same power of alteration by parliament. If the treaty of union had established a property that could not be subject to the power of such alteration, upon such grounds, it must, at the same time, have established a maxim fundamentally 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 to give way to private advantage ; but such an absurdity cannot be charged upon the wise legisla- tures of England and Scotland. Indeed, sir, 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 tal^en away, if proper amends be made 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 those 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 hereditary right of the crown ; and yet, for the good of the whole, because it was thought to be hurtful to the public, the parliament took it away, granting at the same time an equivalent to the crown. Did any man ever sup[)Ose, that this act was an injustice, or any breach of the com- pact between the king and the people ; a compact as inviolable as the pacta convent a of the union itself? Was it ever considered, I say, as a violation of that, or as any affront to the royal dignity ? No, it was never so thought of by the most zealous assertor of the rights of the crown. What then ! js the property of the barons of Scotland of a more sacred nature; or is their honour more tender, than that of the king? - Give me leuve to observe to you, that this ancient right of wardship \A'as taken away in the fust year of the restoration of king Charles the Second, before he had made any ill use of those powers ; but as the powers themselves Avere judged to be naturally hurtful, it was not considered in whose hands they were lodged, nor A. D. 1746.] GEORGE LYTTLETOX. 4S% what use was made of them at that particular tune. Tlie Avisdom of parliament looked to futurity, and thought it expedient to buy off, and to abrogate this -indoubted hereditary right of the crown; not from any complaint of a present abuse of it, but because it had been abused in former times, and miglit be again. Sir, it is said these jurisdictions were not any cause of tlie late rebellion in Scotland, for that the proprietors of tliem were all hrm and loyal on the side of the govern- ment ; the fact, I believe, may be contro\'crted ; but I will not dispute it, because if it be not universally true, it is certainly true with regard to the far gi'eatcr n+unber ; the tar greater number of tlieni were firmly and zealously attached to the government, and I think they deserve the highest returns of favour, honour, and gratitude, from their king and their country. No man can detest more than I do the false and scandalous libels breathed from the malignant spirit of jacobitism, under the mask of zeal for the government, which have iu)puted to them, or to the Scotch nation in general, any disloyalty or disaffec- tion. Certain I am, that nothiu'^ can be further from the true meaning and interest of this bill, than to throw any blame on their conduct : it is a bill for prevention, not of punishment ; a bill of general policy, that does not aim at particulars, but considers the whole; considers })ast times, and futiu-e, as well as the present. Sir, if I am rio'htly informed, in the year I'la, all these jurisdictions were not on the side ot the goveriunent ; the weight of many of them, at that time, was felt very dangerously on the side of the rc-beihon; I admit, that in general it was otherwise now. But to argue fi'oiii thence against the principle of this bill, would be to reason, I must say, upon very sliort views, ir there are, in the nature ot these jurisdietions, any powers iiu-onsi.-^teut with the good order of ,!i;o\ern- mcnt, or with tlrat true and sound pohcy which ciu-ries the majesty and justice of tlie crown into every part ot' 488 GEORGK LYTtLETO?:. . [a. D. 1746". the state, and presents to the eyes of the subject no other object tor his obedience, no other executive power, no other fountain of justice, except the king; if there is any thing in these regularities, superiorities, and jurisdictions, or in the authority usurped and exercised in imitation of these, by the chief of the clans, which in any degree interposes itself between the crown and the people, between the head of the commonwealth and the mem- bers, however the influence of such irregular powers may have been used on a late occasion, there is, in the powers themselves, a root of danger, which it becomes the prudence and f'jresi';>;ht of a wise legislature not to allow to continue any longer: sir, it should be plucked up, not with a rough and violent, but with a firm and a determined hand. Of this I am sure, that it is more for the honour of government, more for the welfare and safety of the people, to see effects in their causes, and to destroy the seeds of future commotions, than to wait till they come to that fatal maturity, which, at the same time that it renders the evil more apparent, may disable the legislature from effecting the cure. I remesnber a fine panegyric made by my lord Bacon, on the lasvs of Henry IV. : " His laws," says this wise historian, " were deep, and not vulvar; not made upon the spur of particular occasion for the present, but out of providence for the future, to make the es- tate of his people more and more happy." All these admirable words may, with gi'eat justice and truth, be applied to the bill now under your consideration. It was the policy of king Henry IV. to break the power of the barons, and to deliver the peoj)le from the yoke of that power as much as he could ; and to the consequen- tial effects of that policy, rightly pursued by soujc of his successors, upon the foundations he had laid, is ouing the couimerce, the wealth, and the liberty that the na- tion enjoys at this day. Sir, I ha^e. heard in tb.is debate, with no little sur- prize, an imagination thrown out by some gcntlcnion. A. D. 1740.] GEORGE LYTTLETO^/. 4S9 zealous for liberty, as if the purchasing of these juris- dictions and superiorities out of the hands of the present possessors, and restoring them to the crown, would be very detrimental to public freedom. Sir, I have read a good deal upon the nature of go- vernment, and from the result of that application, I be- lieve, I may venture to lay it down as a maxim, that in every kingdom where great powers (especially of judi- cature) are lodged in the hands of particular subjects independently of the crot\T!, it is for the good of the people that they should be taken out of those hands and lodged in the crown. The contest, in that case, is not, as the gentlemen seem to apprehend, between the crown on one side, and the people on the other, but between the crown and the people united together in one com- mon cause, against the interest of those, in whom powers of that nature are rested ; which is an interest distinct from both, and hurtful to both. In other words, ]\Ir. Speaker, it is not a dispute between liberty and preroga- tive, but between oppression and government. This is so true, that in no one of the several Gothic constitu- tions established in Europe, did the people ever attain to any considerable share of wealth, or freedom, till they had been emancipated from such jiu'isdictions, and till all the other powers of the fj;reat feudal lords, those petty tyrants, too potent for subjects, tco weak for sovereigns, strong enough to oppress, but unable to protect, were en- tirely absorbed in the more beneficial and salutary power of the crown. Indeed, sir, in every limited monarchy that is on the principles of a free government, which has a king at the head of it, the pov/er of the crown, m hen acting within its due bounds, properly restrained and conlined by law, and by parliament, is the authority of the whole commonwealth. It is not an interest set up in tlie king against tliat of his people; no, the po\u r of the crown is only a name for the executive part of ti e government; it is the vii^b'ir iind energy of the whole state, that acts for the benclit 490 GEORGE LYTTLETON. [a. D. 1746". of all its members : though, in the language of law, the exertion of it is called, the act of the crown ; this is particularly true in matters of judicature, and the admi- nistration of justice ; the exercisino; of these is a power which it is so much the interest of the whole common- wealth to place in the crown, that when a king divests himself of it, or gives up any part of it, he so far with- draws the protection he owes to his subjects, and loosens tlie bond of their fealty and allegiance. Will you not hear my cause, (said a suitor for justice to PhiHp of Ma- cedon,) tlien be no longer my king. Philip admitted the force of his reasoning, and confirmed him 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, that the royal authority best appears to the subject. This view of it excites his veneration and love : but when any part of tl e people do not see their sovereign in this amiable character, they are too apt to forget him, and turn their eyes and affections an- other way. On these principles the wisdom of oiu- con- stitution has made all jurisdiction immediately flow from tlie crown ; extend that wisdom to Scotland, let none be exercised in the most distant corner of these regal dominions, where insurmountable difficulties do not pre- vent an alteration, otlicrvvise than in the^ name of the king, and by virtue of his commission. Tills is an eternal maxim of policy ; it is not now taken up from any sudden heat or resentment, but upon cool and mature deliberation; let it not be laid down, l)CCiUise of any sudden heat or resentment arising against it witiiout a reasonable cause ; such resentment cannot be lasting, time and experience will 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 will have over the whole British state, will last, I hope, to tlie latest posterity. Can there be a better or happier A. D. 1746.] GEORGE LYTTLETON. 4^1 fruit of the union than an active communication of the generous, free, and noble plan of the law of England, in the room of those servile tenures anil barbarous cus- toms which, in Scotland, deform the system of govern- ment, and by the effects whicli they have over that part of the people, which being least civilized, is consequently more prone to disorder, disturb the peace, and endanger the safety of the whole constitution? \rhen this is ac- complished, when these thorns are or^ce rooted up, tlie way will be open to many other improvements, to the introduction of arts, of manufactures, of industry, of all the virtues and sweets of civil life, in the wildest parts of that country ; but all these blessings must be the gifts of good government. Before you can hope to make those people good subjects, or in any manner useful, you must first shew them more evidently whose subjects they are. Before they can be mended by the instruc- tions of government, they must be protected by its power, and relieved by its care. Authority and justice must take the lead in this great work of reformation: discip- line, peace, and civility will follow after. I liope it will not be necessary to say anv thing more, in order to sliew what this bill is not, that it is not a breacli of the union, that it is not an inlliction of penal- tics on the innocent and well-deserving; but allow mc only to sum up, in a very few words, wliat I conceive that it is. It is a bill to secure and perfect t'ic union, to carry the justice of the king into every part of tiie united kingdom, and, together with that royal justice, a more set- tled peace, a more regular order, a surer protection, a closer and stronger bund of allegiance ; to })ut an end to all those dependencies that combine men loj^etlier, not as subjects of the same king, or feilow-cilizeus of the same state, but as followers of i)articular lords, and which create an awe and an inllueacc alike incompatible with liberty or with government. This will be done by this bill ; and when you do this, you do at the same tiuie, by a necessary con^e(|ricnce. strengthen the vihijlc consti- 492 HON. HORATIO WALPOLE. [a. D. 1749- tution, strengthen the crown on his majest3''s, head, strengthen the establishment in his royal family, and make the cause of the pretender more desperate ; for this h most certain, that all irregularities and disorders in the state, all divisions from the rule of true policy, and from tlic 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 cliange. These are 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 Avork, Avhich has been lately reprinted the words are these, " Tiiere can never be concord or unity in any one kingdom, but where there is but one king, and one ullea;iance." 'ft* THE HON. HORATIO WALPOLE. His Speech on Parliamentary Enquiries. oMr. Speaker, As all the parliamentary enquiries into the conduct of ministers, which I ever heard or read of, have either produced no cfft ct, or a very bad one, I have been, and I believe I shall ahrays be, against our giving ourselves any such trouble ; and, 1 am sure, I shall never be for our enquiring into the conduct of any pubhc transaction, because it is not applauded by the voice of commoii fame; a voice v.iiich never was favourable to ministers, till after they were ill their graves; and then, indeed, they may meet \\\\\\ that justice which they never could expect while they v.cre alive. I know, sir. it has been olten A.D. \7W-] HON. HORATIO WAl-POLE. 493 urged ill this house, that common fame is a foundation sufficient for aji enquiry: but this is a' doctrine >vhich 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 conmion fame of having done something amiss. I must there- fore be of opinion, 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 debate ; for the late treaty of peace is not so mucli as accused by common fame. By every one w lio considers the cir- cumstances to \A hich 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, when neither of the contending parties is pleased with it, so the late treaty has this in its favour, that it is nrore exclaimed against in France than it is in England. An enquiry into the conduct of our ministers, with regard to the late treaty of peace, cannot therefore, sir, be said to have even common fame for a foundation ; and if we have no foundation for enquiring into that treaty, we can have no foundation for enquirhig into any trans- action previous to it ; for surely we ought not to inliauje the nation, and expose our own characters and the dhi- nity of this assemblv, by setting on foot an enquiry into an affair which is not condemned by connnon huuc, un- less we had proofs of some wicked design or ei:^regious misconduct. I say. sir, expose our onn chia'acti rs and tlie dignity of the assembly, because, when a pariiameu- tarv en(|uirv is set on foot, the ])C0ple ahvays conclude, tfiat something wicked or verv u (>jk has been done, and tiiey justly expect to see tb.e authors puniv'iied, or at lea-t removed from our national councils. If they are disa;}- pointed in tliis expectation, thev ahvays suppose, that juany of us liave been biibcd to screen the s^uiilv, ovA 494f HON. ttORATlO WALPOLE. [a. D. 1749- conceive a very unfavourable opinion of this august as- sembly. This is a most dangerous consequence, and might prove fatal to the constitution of our government; and yet, this must always be the consequence of our en- quiring into any transaction, which can neither be ac- cused of weakness or wickedness ; for unless something of this kind does appear, no parliamentary punishment can ensue. But supposing, sir, that there has been some little neglect or imprudence in the management of any pubhc atlkir, and that the managers not only deserve, but would probably, upon an enquiry, meet Avith a parhamentary punishment or censure ; yet the dangers to which the nation is exposed by every such enquiry, do a great deal more than over-balance the advantages that can be ex- pected from it. The noble lord was pleased to say, that as such an enquiry is always carried on by a secret com- mittee, there could be no danger of any secrets being thereby discovered, that might any way prejudice the honour of the crown, or the interest of the nation ; but in this I must'differ from his lordship ; for I shall always look upon it as a certain maxim, tliat the more persons a secret is committed to, the greater is the danger of its being discovered. Besides, our privy-counsellors are always sworn to secrecy, wiiich will always be a bar to their discovering any of the secrets of government, as the noble lord himself was pleased to observe ; for, surely no man will wantonly tell a secret, w hen he knows that the person he tells it to, must look upon him as a perjured knave : but 1 never heard that the members, even of our secret committees, take any oath of secrecy ; there- fore, Ave have reason to be afraid of their discovering secrets out of mere wantonness ; especially, Avhen we consider how fond men are to shew that they know more than the rest of mankind. The noble lord was pleased to advance another doc- tiine, sir, in \\ liich I cannot agree witli him : he was pleased to say, that a wise and upright minister can be A. D. 1749.] HON. HORATIO WALPOLE. 49-3 put to no great trouble by an enquiry into his conduct j but I must beg liis lordship's pardon. ' If an innocent man were to be tried for murder, can any one think, that it would grve him no concern, or that the preparing for, and making his defence, would take up no part of his time ? The most prudent and most innocent man may be brought to suffer by false witnesses, or by misapprehend- ing the evidence, either for him or against hhn; there- fore, he must give close attention during the m hole time of the trial, to prevent or expose falshood, and to have the evidence on both sides clearly and rightly understood. This is the very case of a minister, whose conduct is enquired into by parliament ; his character, perhaps his life, is at stake; and, therefore, during the whole coui-se of the enquiry, let it be of never so long continuance, he must give the closest attention to its proceedings ; he must take care to prevent or expose any false witnesses against him ; he must take care to have proper witnesses, and proper voucliers for his defence ; and he must take care to have tlie whole evidence, on both sides, distinctly and rightly understood. Can a minister, in sucli cir eumstances, have time to mind the public business of tlie nation ? Ought we to bring any one of our sovereiirn's ministers into such circumstances, without any prc^ lous proofs orsironij presum{)tio!is of his beinfj guilty } Even then we ought not, unless some very great national ar!- vantagc may be expected from the result of the erKjuirv. These, sir, are iticonvcniencics and dangers wliich should make us, at all times, extremely cautious of en- tcring upon any encjuiry into the conduct of our minis- ters ; but the greatest and most dangerous incon^enicn('t* I have not yet mentioned ; tluit is, the discredit it brings upon our administn'tion at all foreign courts. It is like a eople amongst us seem to treat our ministers as the Turiash Janizaries do their commanders. If tiicy liave good success, their com- mander is a wise and great general, let his success be nc\er so accid(?ntal, his blunders never so conspicuous : nliCreas, if tlicv !!)ect with i.'Lu! success, tb.e whole blame is hiid upon thi; (u'.r.mii.nder, tiion^h oi'ten owio'i; to t!i(Mr own cowardice or srviition. l]ut in one respect th'^rn is a wide difference; for in this way of judL:iiig, tli'> Turki-h J r-iii/aries are coPiSlant and uniiorni : u h'jiva-:, 1!! iiii-^ countw, let a ix^an ^^'lo Ijut yesterday loaded \\x^ VOL. 1. K ]-; 498 JOHN MORTON, [a. c. 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 beyond tlie reach of human foresight. This, sir, is an observation I have long since made : it has been confirmed by many experiments ; and if a new experiment ^\'ere now^ to be made, I believe I should see the truth of it established. But thank God ! his majesty has a much juster 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 tlie times might oblige king William to do, as his pre- sent majesty neither is, nor ever was, under any such necessity, we nmst suppose tliat his majesty would not only have discovered, but disgraced any minister that iiad sacrificed his glory, or the good of his subjects, to any private passion or resentment ; \\'hich with me, is of itself alone a sufficient argument for concluding, that nothing -sveak or wicked has been transacted, either in the prosecution of the war, or tlie negociations for a peace ; and, thercftbre, 1 am against our agreeing to this motion. JOHN MORTOX, Esq. His Speech (12 iJic I^iulimj Bill. j\lr. Speaker, TiiK amendment made by the committee lo the oath nov.- unn.er our considenition, was ;tn auicndincut, which, 50 far as it went, I liighlv ap])roved of; and 1 -was p:!ad to IJnd mv opinion si'.pi'OiU^d by some genilcmcn, whose A. i). 1749.] joiix MORTox. '49^ concurrence I shall ahvays 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. 1 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 parliament. By the oath, as it now stands, any member of a court-martial may be obliged by any of the courts in ^'/estmintscr-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 of that court-martial : for, siu'ely, 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 an^- court or magistrate in Great-Britain, ever will. 1 confess, sir, I was always, and still am, against the whole of this oath of secrecy. It is an innovation lately brought into our military hr.v ; and it is an innovation which is inconsistent with the -whole tenor of our laus, and the very spirit of our c^)nsLitution. With us tlie courts of justice Ivave always been ()[)en, and the Judges thereof have deliv(?red their opinions, and passed sen- tence or Judgnient in the face of ti)e world. This will ahvavs have a ifood effect in i'jvour of justice ; for let men he never so coiriipt, let them he lu-ver so abandoned, they will always have some reg.>rd tor their safetv, ii"i;ot for their reputxition ; and will be cautious of letting liiG people kno'.v . iliat thev have been the tools of cppresiiun. 500 JOHN MORTON. [a. n. 174^J- and the dispensers of manifest injustice. But if we once begin to have sentence passed in secret, and under an oath of secrecy, ve shall soon l^egiu to hav3 the whole trial carried on in the same manner; and this smells so sti'ong of the court of Inquisition, and of those terrible recluse courts which are in arl)itrarv govern- ments tiie histi'uments of tyranny, that it must g've a just alarai* to every gentleman who 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 fai* from being an argument in its favour, that it is an unanswerable argument for our returning to the regulation of 1713, by Avhich 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, I think, the restraint should be carried even to that of corporeal punishment ; for that of brcakino;, suspending, or fining a commission-officer, is, I think, the liighest punishmerit mo ought to allo\v a court- martial in time of peace, to inflict j and in time of war we have no occasion for a mutiny-bill, because his ma- jesty's prerogative then takes place, by which he may not only appoint couvts-murtial, but may furnish them with such pou crs as he tiiinks necessary. Vi'hen I tiiiis talk of the argument brou'jht in favour of this oath, 1 beheve every gentleman ^\i]l sup]>ose, I mean that by which it is said, that as oiHcero depend for tlieir prcjcrment, as well as for their continuance in commicrsior., upon tiie arbitrary uill of the crown, or rather of tlie j^rinie minister, or general lor the time being, they may, when upon a court-martial, be deter- mined by the influence of tinit m:in.>tcr, or general, to ac(|uit or condeuin and puni-h, not according to justice, but according to his will and pleasure. This thev allow to be a diinger that oiiiiiit uot lo l)C apprehended, and this danger they pretend to obviate, by obliging every oiiicer, upon oath, not to disclose the vote or ojinion of uny particular member of the coiirt-ni;t what was supposed to 1)0 the inclination of the minister, or !i;enend, and was aiter-ards dismissed the service, or disaj)pointed in his ]'referment, the world of course supposed, that it v. as on account of his luiving voted iiccorciing to coPocience, which was an imputation that a wise minister, or general, would choose to avoid ; but no nruiistrr, or general, can now be in danger oi' any such inipuLitiou, and, tliere- fore, they Avill with the mere freedom dismiss or disa})- point anv otficer wh.o daivs to vote at a court-martial contrary to tlic-i' d.irectiou. This argument is, tlierefoi-c, sir, Mliat nuiv br called nri^umoitiun ad h())ni)!C)n, for restraininj;' courts-mar- tia', in time oi [)eace, Irom inflicting owx puiiishuicnt 50^ JOHN MORTOK. [a. D. 1 74P. extending to life or limb, but can be no argument for the oath of secrecy proposed ; and the other argument, that it will prevent officers being exposed to the resentment of one another, for their way of voting at a court-martial, is equally frivolous : Nay, I think it is worse ; for it carries with it an imputation, both upon the officers of our army, and upon our lav. s. Can we suppose, that any officer of our army would be afraid of doing justice, lest he should thereby incur the displeasure of another officer ? Can we suppose, that our laws would permit any officer to shew the least sign of such a resentment with 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 for introducing the worst of all evils, which is that of a secret and arbitrary tribunal : for, does not every gentleman see, that both this and the former argu- ment are equally strong for keeping secret the whole proceedings of a court-martial r And having once esta- bHshcd such a secret military tribunal, it will be a prece- dent for establishing such secret tribunals in all trials at common law. May it not be said, that our common law judges will be the less liable to influence, the more secret their proceedings are kept? Do not wc know, tliat our common law judges are liable to resentment, and some have actually suffered for the decrees they have made, or the judgments they have pronounced ? But such arguments will never, I hope, prevail \\\l\\ 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 thouglit it ne- cessary for induciniz iicntleiiicn the more readily to a^ree to the amendment 1 am to propose : for if there be no evi- dent necessity for the oath itself, there is the less flana;cr in any exception that may be thought proper to be made to it. Tiic comuiiltce iiave already introduced one c-v A. D.I 749-] JOHN MORTON. 503 ception, with regai'd to courts of justice ; and as we seem inclined to agree to that exception, it will look extremely odd, if we do not now introduce another, with regard to the two houses of parliament. Is it impossible to suppose, that a court-martial may behave so as to deserve to have their proceedings enquired into, and punished by parliament? Suppose, then, that a court- martial shoulil make itself an insti'ument of oppression in the hands of an arbitrary, cruel, and tyrannical general ; and should by his direction proceed, in an arbitrary manner, to puss a most unjust sentence. Sup[)ose such a court-martial should contlenm a colonel to be shot for mutiny, because he did not march at the head of his regi- ment,, according to his general's orders, to prevent our as- sembling in this house : w ould not such a court-martial deserve to have their conduct enquired into and punished by parliament ? ]^ut how should- we enquire? whom could we punish? We might, perhaps, obtain a proof of the sentence; but avc could have no proof as to those that agreed, or disagreed to it ; therefore, we nuist either ^ondcmn or ac(|uit by the lump; and though this sort of lumping justice was once })ractised by parliament, I hope the precedent will never again be followed ; at least, I hope that we sliall never, by a law of our own, make it jiecessary for us to follow it. Suppose again, sir, that a court-martial should by their sentence be liuiltvof a breach of priviicife ; ai^ainst whom i:ould the member complain who had suffered by that breach? lie must complain against every constituent member of that court-martial ; and supposing we should think it such a heinous breach of privilege, as to deserve a punishment signallv severe, we must inliict that pu- nishment upon every one, even tliougli twelve of the ^ive-and-twenty constituent members of that court-mar- iial had voted against the sentence, and, consequently were innocent of the criuie : for by the oath as it now stands, we shall render it impossible for the innocent to liiuke their iiinocenee ap})eai'. Can a Britisli parliament 504 HENRY FOX. ' [a. D. 1 749. agree to any law, which thus confounds the innocent with the guilty, and renders it impossible to punish the latter, without involving the former in the same sort of punish- ment .? The injustice of this is so manifest, that I am per- suaded, even those who think this oath of secrecy neces- sary, will be glad of any expedient for extricating them out of this difficulty ; and, therefore, I shall conclude with moving, That after the words, ' by due course of law,' the words, or ' by either house of parliament,' may be added, by way of amendment. HENRY FOX, Esq. {Afterxvards Lord Holland,) AVas the father of the late celebrated C. J. Fox, Perhaps the reader may be able to trace some resemblance in their manner of speak- ing ; the same close consecutive mode of .easoning, and the same disposition to go round his subject, and view it in its various as- pects and bearings. His Speech in Reply. 3Ir. Speaker, I WAS one of those that were against the amendment made by the committee, and I vv-as against it, because I thought it quite unnecessary : for I shall always he against makin"; an unnecessaiy amendment to any bill brought into this honsp. I then t'nought it unnecessary, and I still think it so ; bcccra^'^c I cannot suggest to myself a case v,heicin it may becoinc necessary for an inferior court oijustice to enquire who voted for or against an]/ sentence of a court-martial; and if the parliament should ever think it incumbent upon tliem to enquire into the proceedings of a court-martial, it v.ould be easvto brin^ - - . ' . "' . ^ in and ]>ass a short bill, for ejvjhling the officers to dis- close the opinions of the several members of that court- marticii, in })nrsi!ancc of the excei^tion contained in tb.e oath, as it stood Avhen first brought in. This 1 sav, sir, V a-, this is still my opinion ; but I shall always readily A. D. 1749] IIFNllY FOX. 505 Biibniit, when I find the majority of this house to be of a contrary opinion ; and ior this reason I shall now op- pose our H^rceinff to the amendment made by the com- mittee ; but 1 cannot agree to any further amendment, because I foresee that it would occasion such a nuuiber of others, as would render the oath quite insigniiicant ; which may, perhaps, be the design of those who arc against the oath in general ; but I must beg leave to difler from them in opinion: for I tlihik the oath as it now stands, can be attended Mith no bad c6nsc(|uence, and will certainly prevent several mischiefs. As to the danger suggested, sir, that tiii-; oath of se- crecy may be made a precedent for introducing the same sort of regulation with regard to our courts of conujion law, I nmst think it altogether chimerical : tor the nature of the military law is so very different from that of the common law, and the methods of proceeding in courts- martial are necessarily so very different from those in our courts at common la^v, that no regulation in the one can ever be made a precedent for any regulation in the other. And as tliis is tlie only danger I have ever heard sug- gested, 1 think Ave have no bad consequence to appre- hend from establishing this oath of secrecy, n ith rc^jjcct to the vote oroi)inion of the several members of a court- martial; nor is this witliout precedent even in the pro- ceedings of both houses of parliament : for the members of both are bound not to disclose wlvdt i)asseo in tiie house; aud though, when ve hear counsel upon any Cct^c, or any point in dispute, we throw our (.'.oors in a mnuiier open, yet every one knows, that in both houses, the doors are shut, and every stranger reLiularly excluded, when we come to argue and dettrmine the case or jioint among ourselves. Now, sir, with regard to the mischiy preventing a discos ervot" 50S IIEXllY FOX. [a. D. 1749. the vote or opinion of any officer upon a court-martial; and for this purpose, the oath now proposed, if it stands as it now docs, will, I ho})G, be effectual. But now^, sir, with regard to the arriendmcnt ^vhich the hon. gentleman has been pleased to propose, I must think it quite unnecessary, because, in my opinion, it is comprehended in the amendment made by the commit- t-ee. Is not the high court of parliament a court of jus- tice? Sui'ely, it is the highest court in this kingdom; and, I hope, it will always be a court of justice. Suppose, then, that we should think it necessary to enquire into the conduct of a court-martial, and should be of opinion, that they had been guilty of some high misdemeanor, for which they ought to be punished ; our method of pro- ceeding uuist be by impeachment before the other house ; and in that case, is not the other house to be deemed a court of justice? Can we then think, that any officer would be bound by this oath, as it now stands, not to discover the vote or opinion of any member of that court- martial ? The case is to me so clear, that I Avonder anv one should doubt of it; and tlierefore I was surprised to hear such an amendment proposed by a gentleman, who was not only bred to the law, but has a very exten- sive knowledge of it. As tothatofa breach of privilege, sir, I do not know how any court-martial can be guilty of it: for as they have nothing to do with property, as thcv take no cognizance of any thinsi; but crimes, and of no crimes but such as are of a military nature, their juris(Hction can never, i think, interfere with any known privilege of parliament; for I do not kno^v that we ever claimed any privilege w iih regard to crimes ; and therefore any of our common law court;?, nay, even a single ju.^tice of ])eace, may commit a incinbcr to rnison, if lie has comr.iittcd a mar- dtr, or D'.'t :ig!uh;v of a riot; and this he mav do \'. iliiout the least danger of b;jing cicemed guilty of a brcacii of privilege, lor tlie same reason, if a member of this house bo ail ouicer in tiie uniiv. his irencral inav nut i:im A. D. 1750.] C. TOWNSilEVD. !^Q^ under aiTest, or may order him to be tried ly a conrt- inartial, without being guiUy of any breach ot privilege ; for if it were otherwi?i(?, I am sure, it would not bv jjro- per tliat any officer in the army should ever be chosen ii member of this house, or any member of this liouse pre- ferred to be an officer in tiie arnjy. Witii regard to a breach of privilege therefore, sir, I think it is hardly possible for one to su^^est a case of that kind, where it might become necessary for us toentjuirt' into the vote or opinion of any particular member of a court-martial ; and if any such extraordinary case should ever occur, we should then be acting in our judicative capacity, as much as any court of justice is, when it enquires into and pimishes a contempt of court; conse- quently, no officer would by this oath be bound up from disclosing to us the vote or o})inion of every member of a court-martial, that had by their sentence committed a breach of the privileges of this house. G. TOWNSIIEND, Esq. Ills Specc'ti on the P-'Ccr of tJie Comvmuckr'ui Cjihfto caslncr A oii-co'tiniiliiiomd OfJiai\s. Mr. ISj)cakcr, I BELiF.vK, every geutlcinan will admit, that one of x\\(^ great ends of our hUiin<2;here is, to take care i;ot oi'lv di' the liberties and })roperties of the people in genera!, "but of every man, and every set of men, in particular: vau[ there is no set of men in the kingdom whose lilsertics and properties ^ve ouglit to be more careful of, than tiiose of our -f)ldiers and -ailors, liotii on acconut of their distiuguiilict merit, and on account of the ilangcr accruing from their hv'mi once brought into a >triie of slavery; for if this sliould ever happen, they w\\\ proba- bly, and nr.iy easily, euabb some future auibitioi;- $10 G. TOwNsiiExi). [a. t>. 1730. prince or prime minister to bring the rest of their countrymen into the same condition with tiiemselves. When I talk of the liberty and property of soldiers and sailors, I do not mean that they should be exempted from military law, or a military jurisdiction ; for that, I know, is inconsistent with the service : and I likewise know, that whilst courts-martial preserve their integrity, a man's liberty and property is as safe under their juris- diction, as under the jurisdiction of common law. He knows the laws, he knows the methods by which he is to be tried ; and by a careful observance of his duty, he may prevent his being ever in danger of suffering by their sentence. Vv nat I mean, sir, is, a man's being subjected to the arbitrary will and pleasure of his com- manding officer, and unavoidably exposed to the danger of suffering in his person or property, by the whimsical and unmerited resentment of such officer ; for a man in these circumstances may truly be said to be a slave, and very often suffers for what he ought to be rewarded for. When I talk of the properties of soldiers, gentlemen may perhaps, sir, make themselves merry with what I say ; for I shall allow, that very fcAv of them can ever arrive at any property; but I hope it will be granted, that every officer, commissioned or non-commissioned, has some property. His office or rank is his property, as '^^ cU as the pay which belongs to it ; and it is a })ro- perty which, ^ye are to suppose, he has purchased by hii service. I shall admit that this is not always the pur- chase ; for in the armv, as well as in other departments, men are sometimes preferred for what they ought to be cashiered ; and some, I believe, especially of the non- commissioned officers, arc raisc^l, (as one officer wittily said to another, \vho had a handsome M'ife) not by the sword but the scabbard. ])ut in general, I ho[^e, mc may suppose, tliat no officer, not even a corporal, obtains his preferment but by the merit of his service; and that 1 must reckon a urach more valuable consideration, at least with regard to the public, than if he had bou<^lit it at the A. D. 17o0.] C. TOWXSHEXIX 511 highest price with his money. An olTiccrs raiik in tlie anny, let it be what it will, I must thcrcibrc look on as his property ; and tliis house ought to take care, that no man should be stript of his property, unless he iias been guilty of some very great crime, or some heinous neglect of duly. But, sir, with regard to tlie staft-officers, I do not know how a custoni has prevailed in the army, that they are at the absolute disposal of the colonel of the regi- ment, and that he may, whenever he pleases, degi'ade them from the preferment they have thus purchased, and reduce them into the ranks ; that is, reduce then! again to the state and condition of a common soldier. 'When this custom was first introduced, I cannot determine ; but I think it was never established by any article of war, before the year 1747, when our usual articles of wnr underwent many and great alterations, most of which were unnecessary, even lor the strictest discipline, and could serve no i)urposc but that of vesting an ab- solute and despotic power in the chief commander of our army. In that remarkable year, indeed, this power of a colonel's reducing a non-commissioned officer to a private centinel, by his sole and absolute authority, was slipt into our aiticies of war, and now stands, I think, in the Kith article of the K'jth section, relating to the ad- ministration of justice, ^^lli^ll provides, that no connnis- sioned officer shall be cashiered, or dismissed the service, except bv his majestys orfler, or by the sentence of a general court-martial, apjiroved by hiui, or the conunan- der in chief a[)p()iii(ed l)y him ; but that non-commission- ed officers niay be discharged as private soldiers, and may, by the order of the colonel of the regiment, or by the sentence of a regimental court-martial, be reduced to private ccntinels. Now, sir, this is rcallv granting to the colonel a more arbitrary and greater power owv tiie stall-officers in his regiment, tiian his majestv lias ovTr the connnissioned officers in hii; arniv; for tht;iurh hii n^iajestv mav cashier Sl^ 6. TOM'XSIIENIT. [A. D. 1750, such an ofTker by his sole authority, he cannot reduce him to a private centinel. If any such olticer be ca- shiered, he is absolutely dismissed the service, and may betake himself to some other employment, or go into foreign service ; but if a colonel takes a dislike, however whimsical, however unjust, to any stafl-officer in his re- giment, he may reduce him to a piivate centinel, and oblige him to serve, perhaps during the rest of his days, as a common soldier in that very regiment where he once had a command ; which is certainly a more severe punishment than that of discharging him from the ser-' vice. And though a serjeant or corporal of foot be commonly reckoned but a mean employment, I must ob- serve, that a quartwMuaster of dragoons is but a staff- cer; and yet it is a post that I have known sold for 40() guineas, and a post that no gentleman, not otherwise provided for, would disdain to accept of. From hence we may see, sir, A\hat a dependent slavish state all the ncn-commissioned officers of our army are in : is it proper that any British subject, especially those of our army, should be continued in such a slavish stater is it necessary for the service ^ If any non-commissioned officer should really be guilty of any criuje, any neglect of duty, or any disrespect towards his colonel, can we suppose, that a reghjiental court-inartidl v.ould not [)nnish irinias severely as lie deserved ^ Vt'hy tiien leave, in the colonel of a regiment, such an absolute and arbi- trary i^ower over that property, ^vhich men have pur- cbabeci by their merit in the service of their country ? But, sir, it is not only the property of such officers, but tlieir persons, anc] the pei'son ot every soldier in the aiTTiv, that bv custom ai'e in some measure under the avi>itrarv power of the commanding officer, or at least of the commander in chief of an army. I do not L-ay, that the romuiaiKicr in cliicf can by custom order a stati'-of- licer oi- soldier to be put to death, or dismembered, Vviliu;i!t the scntrniee of a court-nuuti;d ; but AvitlH;i;t uny such, scuteuce they have sometimes been very A. D. 1750.] O. TOWNSHRND. 513 severely punished ; and this is a power which ought not to be tiTjsted, I think, with any man whatsoever, espe- cially as the offender may be immediately contined, and veiy 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 inflictctl as an example and a terror, for preventing others from being guilty of the like otfence ? How can it answer this end, Mhen 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 cm- brace the maxim, that every man ought to be presumed innocent till he is proved gnilty. The army wjll there- fore reason thus with themselves : if this was the true reason, why was not the man tried by a court-martial ? Why was not the fact there proved against him ? They will therefore conclude, that the reason assigned was not the true reiison ; and they Avill probably suppose a reason not much to the honour of him Avho 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 reducing a staff-officer to a centinel, but bv tlie sentence of a rourt-nrdrtial. 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 ujwn the bravery and conduct of our officers ; and that it is this alone which 'makes our troops su}X}rior to any ef|nal nuiiil)er of those of France : for wilhout being arcnsod of disrespect, I believe I may say, that the I'rcnch ollircrs are eCjUal to our own both ill coiitltut and courage. J'or this reason we should take care n(jt to (Icjircclate that ^\!iicii is the chief incitement to i)ra\ery in our cominou men. A\'hat is this incite- iiuMit ? All hali)eit. sir, ii> alir.ost the only reward, the \ OJ.. I. i. 1 514 G. TOWNSHEXD. [a. D. 1750, highest preferment, that a common soldier can expect. While this continues dependent upon the mere whim of a colonel, can it be such an incitement as it would be, v\ere a man insured of holding it during life, unless justly deprived of it by a fair trial before a court-martial, for some heinous crime or neglect of duty? Besides, sir, I think, that for the safety of the com- missioned oflicers in our army, this power which tlie co- lonel has over the staff-officers of his regiment ought to be abridged. Sup[x>se 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 against him would probably be two or three serjeants or corporals of tlie same regiment ; and when they know tliat they must either swear against the captain accused, or be reduced to private centinels, and obliged to serve for ever after as common soldiers in the regiment, could such a captain depend upon his in- nocence ? Could he expect that the crime would not be fully proved against him ? This is therefore, sir, a power, which may be of the most dangerous consequence to every officer in our army, below the rank of a colonel ; and if we add to this, the power assumed by the commander in chief, to inflict se- vere punishments by his sole authority, m e must admit, that all the staff-officers and soldiers of our army are in a more slavish subjection than this house ouglit 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 that no officer or soldier shall be punished, but ly die sentence of a court-martial; therefore I shall conclude with moving for leave tp bring it up. A. D. 1750.] COL. CONWAY. 6\^ COLONEL CONWAY. His Speech on the Mutiny Bill. Mr. Speaker, I HOPE I have as great a regard to the Hberties and properties of the subject as any gentleman in this house ; but I think, that the Hberties and properties, and even the religion of the people of this kingdom, depend upon our preserving a strict discipline in our army; antl tliere- fore I shall always be extremely cautious of introducing any new regulation, or abolishing any old custom relatinn^ to our army. The power which the colonel has over the Serjeants and corporals of his regiment, I mean the power of creating and reducing them whenever he pleases, is a power coeval with our army ; and while we Jiave 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 seijcant, 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 tlie (|nalifications that usually recommend a common soldier to be a corporal, or a corporal a serjeant. But there are likew ise other ([ualifications necessary, and qualifications tliat cannot be known till a man comes to be tried ; there- fore both the colonel and caj)tain are often mistaken in their man ; and when they fmd tlicmselves mistaken, it is absolutely necessary for the good of the service, tli;*^: the colonel should ha\e an unlimited power to reducf^^flin"l again to a private centincl. Nay, a captain ptay tind that he has got a very incapable or troublesQHie serjeant or corporal into his company, and yet it wiay be impos- sible for him to make his incapacity or troublesoiuene-* Ll2 516. COL, CONWAT. [a. d, 1750. 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 rank of a corporal or serjeant, so it is necessary, that after 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 summit of his desires, or at least of his hopes, he may very naturally grow lazy and indo- lent, or perhaps in a day of battle take more care of his life than is consistent with his duty. For which reason I think it is necessary for the service, that such officers should always remain under the apprehension of being reduced by their colonel, if they are guilty of the least cowardice, negligence, or misbehaviour. Whatever notions some gentlemen may have of abso- lute power, sir, it has been thought necessary in all countries for preserving subordination and discipline in an army. In the llonian commonAvealth, from its very first original, the generals of their armies had a most 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 v^'ithout the sentence of any court-martial. The story of Manlius, who put his own son to death for fighting the enemy against his orders, is so well known, that I need not put gentlemen in mind of it. Not only parti- cular men, but whole armies, Mere among the Komans subject to be punished by the sole and absolute power of their general ; for we read that Appius, in the very infancy of that commonwealth, caused every tenth man 11* his army to l)e whipped, for flying from the enemy; besKi^s punishing some of the officers with death. And, I believe, there is now no country in the Morld, where then- annic- enjoy so ninch treedom, or so much security against being opprcEsed by their couimanders, as both the otiicers and soldiers of our British army enjoy. A. D. 1750.] COL. CON^Vr^AY. 51? But in this, sir, as in most otlier things, there is an extreme, there is a neplns ultra ; for if you extend this freedom and security too far, you will destroy all disci"- pline and subordination in your army; and I am affaid, that what is now ])roposed Mill be running into that ex- treme, without so much as a pretended necessity : for though this power of reducing stalt-officei's to private centinels has been enjoyed by every colonel in our anny time out of mind, yet there has never been so much as one complaint of its having been made a bad use of, or applied to any wicked pur[50se ; and uideed, if it ever be exercised, it is always at the desire of the captain of the company to which the serjeant or cor[)oral 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. As this has always been the practice in our army, sir, I must presume, that the hopes of an halbcrt \\ ill be as great an incitement for common soldiers to behave well, as it could be, were the clause now oiiered made part of this 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 tliey should hold it any longer. Ikit if this clause should be passed into a laM-, I am af''aid it would have one of these two bad eliects : the stati-olticers would trust so much to this security, that they Mould behave negli- gently ; and if courts-martial acted with rigour, more of them would be cashiered or reduced, than ever were so by our colonels : on the otlier hand, if courts-martial did not act with rigour, and never j)unishcd one, unlc?;s \x^ was guilty of some heinous crime or egregious nc^^^t-ct, the posts of serjtant or corporul would bccome- COL. COKWAY. [a. D. 1750. As to the danger which officers under the rank of a colonel may be exposed to, by staff-officers bearing false "fitness against them, at the instigation of their colonel, it appears to me to be altogether imaginaiy ; 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 ai'tfuUy cross- questioned, the falshood of their evidence would pro- bably be detected, and they punished for their perjury ; which could hardlv fail of bringinj: 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 w ill always be, in the king's power to dismiss such a colonel from the service ; for the officers of the army^ as Cfesar 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 seijeant 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 knonn to the whole regi- ment, as ^\'ell as to the colonel of the regiment, or tiie captain of the company he belongs to. Sliould 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 with removing him, but would order him to be tried by a regimental court-nrartial ; in which case the offence >\ould be proved, and the })unisiiment u ould 'i>^ an example ; but when no such criminal matter is alleO.'^ed against him, when nothing is alledgcd but only 11 naturd stupidity, or a natural want of understanding, which rentiers him unfit for any rank in the army above that ot a comj.ion soldier, there is no occasion for any proof, or for any punishment by way of example. A. D. 1750.] EARL OF EGMONT. 519 To conclude, sir, the power Which the colonel has over the btail-oilicers, has .subsisted for above sixty years, without anv complaint of abuse; and as no one can know what may be the effect of abolishing it, I hope the hon. gentleman w ill excuse me, for denying my ap- probation of the clause he has been pleased to offer. EARL OF EGMONT. llic folloning Is a Part of his Speech on the Bill for the Naturalization of the Jezcs. Sir, It is easy to be perceived, in almost every step that we have taken during this whole parliament, that we think ourselves wiser tlian all our ancestors for seven hundred years before us : for our business has con- stantly been to, unravel all, that, in respect to law and liberty, religion and commeice, they had established as the proper rule of government for this nation. We ri- dicule the narrow notions of our foi'efathers, and wc ap- plaud our own open and extensive understandings which is carried to that ridiculous excess, that if a man talks oi magna charta, or the petition of right, or of any ,"/' the fundamental constitutions of tlie kingdom, he is sneered and laughed at. If he talks of caution in a(!- ]nitting and countenancing every enthusia.stic sect, he is a Jacobite or a tory. If he talks ^ig. Jiist the hasty lav- ing open of any branch of commerce, which from cir- cumstances may stand upon a different footing from the rest lie is a man of little narrow principles, and XVfy^' is to i)e opened, though the plagne were to be b>^*^?^'^ witli it, or tlie conditions for that opening we>^ "^"^ have slaverv aiux^xeti. From the same conc^' trom the t^ame raiie for novcltv, and unlimited ;>rfi'^"'*t ot general 520 ZARL OF EGMONT. [a. D. 1750 principles, when you talk of naturalization, no circum- stances of our situation, in regard to the royal family now upon the throne, or to the jealousies of the people, are to be at all considered : no regard is had to the state of the laws actually now in being in Ireland, or the planta- tions, where any man may acquire this privilege for half a crown ; to the facility ^^ ith which all who apply to the legislature for it, may obtain it here ; to the general in- dulgence and protection of all those who come among us, though not naturalized, and exercise any art or ma- nufacture ; nor any reflection made how far these cir- cumstances already answer every reasonable purpose of this kinrj. But general naturalization, Avithout exception, is the -word : naturalize all, rich and poor, Jews, Turks, infidels, and heretics, be they who they will, or what they will, or where they will ; do it without any check or con- trol ; do it without a power of remedy, let tlie consequences turn out ever so much counter to m hat 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 thing, which I hope will be long remembered, and well thought upon by all tliose m ho hear me that those gen- tlemen who plume themselves thus upon their open and extensive understandings, are in fact the men of the nar- rowest principles in the kingdom. For what is a narrow mind } It is a mind that sees any proposition 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 lehvi- x'eflection, what the people are whom you let in upon b. . \^Q^^y^ in the present hdd regulation of our po- lice, they u.-n. tQ 1j(. employed or maintained ; how their principles, opiiJons, or piaclice may iniiuence the reli- A. D. 1750.] EARL OF EGMOXT. 521 gion or politics qf the state, or what operation their ad- mission may have upon the peace and tranquiUity of tlie country : is not such a genius equally contemptible aiid narrow with that of the poorest mortal upon earth, who grovels for his whole hfe within the verge of the oj)po- site extreme*? Sir, this leads me to the last argument which I shall urge against this bill, and it is not the least important This bill is a step to a general naturalization, which was very daringly attempted, but happily defeated, not above two yeai's ago. The same spirit now animates those who moved you tlien to attempt tliat hateful n:!easure. They dare not openly avow the same design, but they artfully endeavour to bring it about again by this means^ knowing full well how strong this argument must be hereafter, when von have passed tiiis bill : What ! will you, who have consented to naturalize even the Jews, boggle at allowing the same privilege to foreign protest- ants, professing the Christian religion as you do your- selves ? But the nation, sir, will see through this de- sign, and by some means or other, I am confident, will defeat it now, as tliev did then. I conclude what 1 have been led to say upon natura- lization in general, and upon this naturalization of the Jews in particular, with this common proverb: that there is no rule without an exception ; and that if ever there should be an exception to any general prinrjple, it ought surely to be in the case of the naturalization of that peo- ple, the very essence of whose character and religion consists in tlieir abhorrence of Christianity, and rancour to the whole Christian race. * This passage discovers more real dei)tli of tlioiiglit than any dung else I have niPt with in the course of these debates. Then; may be observations of equal vahie in i'mrke, hut there is no single observation in anv part ot his works more profound, original, acute, and comprehensive : it may inileed be said to contaip the germ ot uU liis political-reasoning. (See his French Revokition, ixc.) In thisspcecli we find the first deiuuiciation of tlie intrusion of abstract luooreuis and metaphysical generutilR.- into the science ot politic^-. 522 LORD LYTTLETOK. [a. D. 1753. LORD LYTTLETON. His Speech on the Repeal of the Act called the Jetv BilL ]\Ir. Speaker, I SEE no occasion to enter at present into the merits of tiie bill we passed the last session for the naturalization of Jews; because I am convinced, that, in the pre- sent temper of the nation, not a single foreign Jew will think it expedient to take any benefit of that act ; and, therefore, the repealing of it is giving up nothing. I assented to it last year in hopes it might induce some wealthy Jews to come and settle among us. In that light I saw enough of utility in it, to make me incline rather to approve than dislike it ; but that any man alive could be 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 tliou^ht this had no more to do with religion than any turnpike act we passed in that session ; and, after all tlie divinity that has been preached on the subject, I think so still. Resolutiun and steadiness are excellent qualities; but it is the application of them upon Mhich their value de- [)cnds. A wise government, Mr. Speaker, will know where to yield, as well as where to resist; and there is no surer mark of littleness 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, ^vhere the humour' of the people must be considered as attentively as the humour of a A. D. 1753,] LORD LYTTLETON, 523 king in an absolute monarchy. Under both forms of government, a prudent and honest ministry will in- dulge a small folly, and will resist a great one. Not to vouchsafe now and then a kind indulgence to the former, Avould discover an ignorance of human nature ; not to resist tlie latter at all times, would be meanness and ser- vility. Sir, I look on the bill we are at present debating, not as a sacrifice made to popularity (for it sacrifices nothing), but as a prudent regard to some consequences arising from the nature of the clamour raised against the late act for naturalizing Jews, which seem to require a parti- cular consideration. It has been hitherto the rare and envied felicity of his majesty's reign, that his subjects have enjoyed such a settled tranquillity, such a freedom from angry religious disputes, as is not to be paralleled in any fomier times. The true christian spirit of moderation, of charitv, of universal benevolence, has prevailed in tlie people, has prevailed in the clergy of all ranks and degrees, instead of those narrow principles, those bigotted prejudices, that furious, that implacable, tiiat ignorant zeal, which had often done so much hurt both to the church and the state. But from the ill-understood, insignificant act of parliament you are now moved to repeal, occasion has b<:^en taken to deprive us of this inestimable advantage. It is a pretence to disturb the peace of the church, to infuse idle fears into the minds of tlie people, and make religion itself an engine of sedition. . It behoves the pietv as well as the wisdom of parliament, to disappoint these endeavours. Sir, the very worst mischief that can be done to religion, is to pervert it to the purposes of fac- tion. Heaven and hell are not more distant, than the benevolent spirit of the gospel and the malignant spirit of party. Tlie most impious wars ever made were those called Holy W ars. He who hates another man for not being a Christian is himself not a ('hristian. CJiristi- anitv, sir, breathes love and peace and goodwill to man. 524 LORD LYTTLETON. [a. T>. 175.5, A temper conformable to the dictates of tliat holy reli- gion has lately distinguished this nation; and a glorious distinction it was ! but there is latent at all times, in the minds of the vulgar, a spark of enthusiam ; Avhich, if blown by the breath of party, may, even when it seems quite extinguished, be suddenly revived and raised to a flame. The act of last session, for naturalizing Jews^ has very unexpectedly administered /uei to feed that flame. To what a height it may rise if it should conti- nue much longer, one cannot easily tell ; but take away the fuel, and it will die of itself. It is the misfortune of all the Roman Catholic coun- tries, that there the church and the state, the civil po^^er and the hierarchy, have separate interests, and are conti- nually at variance one -with the other. It is our happi- ness, that here they form but one system. M'hile this harmony lasts, whatever hurts the church, hurts the stiite ; whatever weakens the credit of the governors of the church, takes SiWRj from the civil power a part of its strength, and shakes the whole constitution. Sir, 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, tiiat they should not lose that respect, which is so justly due to them, by po- pular clamour, kept up in op[)ositi(jn to a matter of no importance in itself. But if the depaitirig from that measure should not remove the prejudice so maliciously raised, 1 am certain, that no farther step you can take will be able to renjove it ; and therefore I hope you will stop here. This appears to be a reasonable and safe A-'ondescension, bv whicli nobo'ly v.ill be hurt; but all / beyond this would be dangcrvOus weakness in government. It might open a door to the wildest enthusiasm, and to the most mischievous attacks of ])olitical disaft'ection working upon that cndiiisi.isin. if you encourage and A. D. 1753.] LORD LYTTLETON. 525 authorize it to fall oh 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 we 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 tliat 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 : \\c 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 tliat they may never rgturn. JND OF VOL. I. Pii';tLd iy If: P'.f>.'. 2-2, OldBosual Court, b'.rar.d. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. mVji INTERLmRAKY I APR 2 2 1966 FOUR wms FROM DATE OW-RNiYABLF , .D-iir wiAY 1 >A1SS CF 3 1961 i mn 198B1SCHARGE-URI: IIRL-LD REQi| :i/ Form L9-40i-7,'56(C790s4)444 cl llbb UUc5y4 V UC SOUTHERN REGIONAL LIBRARY FACIL ii iiilill ii:lll AA 000 056 221 5