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<T things of
great importance, than the shortness of his reign (in
which he hath been hindered, partly througli sickness,
and the distraction of things, which we could have wished
had been otherwise) could produce.
Concerning the duke of Eackingham, his majesty hath
commanded me to tell you, that himself doth better know
than any man living the sincerity of the duke's proceed -
incrs; Avith what cautions of weiuht and discretion he
hath been guided in his public employments under his
majesty and his blessed father; wliut enemies he hath
procured at home and abroad ; what peril of his per-
son, and hazard of liis estate, he ran into for the service
of his majesty, and his ever blessed father ; and how
forward he hath been in the ser\ ice of this house many
times since his return from Spain : and therclbre his ma-
jesty cannot believe tliat the aim i> 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<T the
whole with some precedents.
Every offence presupposes a duty : the first work is to
shev\', the duke was bound to do otherwise : I need to
alledge nothing else, but that he was a sworn counsellor
and servant to the king, and so ought to have prefeiTed
his master's honour and service before his own pride, in
seeking to ennoble his own relations.
There are some laws peculiar, according to the tem-
per of several states ; there are other laAvs that are so
essential and co-natural with government, that being
broken, all things run into confusion.
Such is that law of suppressing vice and encouraging
virtue, by apt punishments and rewards.
Whosoever moves the king to give honour, which is
a double reward, binds himself to make good a double
proportion of merit in that party that is to receive it ;
the first of value and excellency, the second of conti-
nuance.
As this honour lifts them abore others, so should
they have virtue beyond others ; and as it is also per-
petual, not ending with their persons, but depending
A. D. 1626.} MR. JOHN- PYM. 33*.
upon their posterity, so there ought to be, in the first-
root of tliis honour, some such active merit to the com-
iiionweahh, us may transmit a vigorous example to
their successors to raise them to an -imitation of the
I forbear reflections on those . persons to whom this
article collaterally relates, since the commands I have
received from the commons concern the duke of Buck-
ingham only ; I shall therefore leave the first point con-
cerning the offence, and come to the next point, viz. the
grievance, -wliicli in the articles is expressed m three
respects. :
First, Prejudicial to the noble barons. .
Secondly, To the king, by disabling him from rewards
ing extraordinary virtue.
Thirdly, To the kingdom, which comprehends all.
First. It is prejudicial to this high court of peers.
I will not trouble your lordships with recital, how ancient,
ho\v famous this degree of barons hath been in the
western monarchies. I will only say, the baronage of
Enghmd hath upheld that dignity, and doth conceive it
in a greater height than any other nation.
The lords are great judges, a court of the last resort;
they are great commanders of state, not only for the
present, but as law-makers and counsellors for the time
to come; and this not by delegacy and commission, but
by birth and inheritance. If any be brought to be a
member of this gi'eat body who is not qualified to the per-
formance of such state functions, it must needs prejudice
tlie whole body; as a little water put into a great vessel
of wine, whicii, as it receives spirits from the wine, so
doth it leave therein some degrees of its own infirmities
and coldness.
Secondly. It is prejudicial to the king, not that it
can disable him from giving honour, for that is a power
inseparable from the crown ; but by making honour or-
dinary, it becomes an incompetent reward for extraor-
dinary virtue. When men are made noble, they are
VOL. I. D
54 MR. joiix PYM. [a. d. 162jG.
taken out of the press of the common sort ; and how
can it choose but fall in estimation, when honour itself
is made a press?
Thirdly. It is prejudicial to tlie kingdohi. Histories
and records arc full of the great assistance which the
cjown had received from the barons, on foreign and
domestic occasions ; and not only by their own persons,
but tiieir retinue and tenants ; and therefore they are
called by Bracton, Robur Belli : How can the crown
expect the like from those who have no tenants, and are
hardly able to maintain tliemselves ? Besides, this is
not all ; for the prejudice goes not only privately from
thence, in that they cannot give the assistance they
ought, but positively, in that they have been a greater
burden to the kingdom since, by the gifts and pensions
they have received ; nay, they will even stand in need
to receive more for the future support of their dignities.
This makes the duke's offence greater, that in this
M'eakness and consumption of the state, he hath not
been content alone to consume the public treasure, which
is the blood and nourisliment of the state, but hath
brought in otliers to help him in this work of destruc-
tion ; and that tliey might do it the more eagerly by
enlarging theif honour, he hath likewise enlarged their
necessities and appetites.
I shall second this charge with two precedents ; the
first, 28 Henry VI. in the complaint against the duke
of Suffolk, that he had married liis niece to the earl of
Kendal, and procured him 1000/. per ammm in tlie
duchy of Cayenne : and yet this party was the son of a
noble and well deserving father.
The second, in 17 Edw. IV". an act of pailiament
for the degiading of Thomas Neville, marquis of Mon-
tague, and duke of Bedford. The reason exprest in the
act is, because he had not a revenue to support that
dignity : together with another reason, that when men
are called to honour, and have not livelihood to suppoit
it, it induceth great poverty, and causeth briberies, ex-
tortions, wnbracerics, and maintenance.
A. t). 1626.] MK. AVANDESFORD. So
MR. WANDESFORD.
This long and cloely reasoned speech about a. posset-drink> 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,<si(k'hit 'canum. By n(>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<is.
Bishop Halts Speech.
jMy Lord,
Tins is the strangest bill that ever I heard since I
%vas admitted to sit under this roof; for it strikes
at the very fabric and composition of this house, at
the style of our laws ; and therefore, were it not for that
it comes from such a recommendation, it would not, I
suppose, undergo any long consideration ; but coming to
us from such hands, it can't but be wortliy of your best
thouglits : and truly, for the main scope of the bill, I
shall yield to it most wilhngly, that ecclesiastical and
sacred persons should not ordinarily be taken up with
secular affairs.
The minister is called xiir Dei, a man of God. He
may not be "cir Sceculi ; he may lend himself to
them upon occasion, but not give himself over pur-
posely to them : in short, he may not so attend m orldly
things as that he do neglect divine things. This wc
gladly yield. Matters of justice therefore are not pro-
per, as in an ordinary trade, for our function, and, by
my consent, shall be in general waved and deserted ;
which for my part I never had meddled with, but in a
charitable way, with no profit, but some charge to my-
self, whereof I shall be glad to be eased.
Tractentfu brilia fabri.
A. D. 1641.] BISHOP HAIL. 103
But for any man hence to infer, that some spiritual per-
son may not, occasionally, be in a special sei'vice of his
king or country, and, when he is so recjuired by his
prince, give his advice in the urgent affairs of the king-
dom (which I suppose is the main point driven at,) is
such an inconsequence, as I daro boldly say cannot be
made good, either by divinity cr reason, by the law
either of God or man ; w hercas the contrary inay be
proved and enforced by both.
As for tlie grounds of this bill, that the minister's duty
is so great, that it is able to .take up the whole man, and
the apostle saith, Who is sufficient for these things?
And that he who warfares to God, should not entangle
himself witli the world :
It is a sufficient and just conviction of those who
would divide themselves betwixt God and the world,
and bestow the main part of their time upon secular af-
fairs : but it hath no operation at all upon this tenet
which ^ve have in hand, that a man, dedicated to God,
may not so much as when he is required, cast a glance
of his eye, or some minutes of his time, or some motion of
his tongue, upon the public business of his king and
country.
Those that expect this from us, may as well, and
upon the same reason hold, that a minister must have
no family at all, or, if he have one, must not care for
it; yea, that lie must have no body to tend, but be all
spirit. My lords, we arc men of the same composition
vvith others, and our breedinir hath been accordiiidv.
We cannot have lived in the world, but ^\e must have
seen it, and observed it too ; and our long experience
and conversation, both Mith men and books, cannot
but have put something into us for the good of otliers :
and now, having a double capacity, (jua.si circs nuasi ec-
des'uidic'i, as members of the commonwealth, as minis-
ters and governors of the church, we are ready to do
our best service in both; one of them is no way incom-
patible with the other ; yea, the subjects of them both
104 BISHOP HALL. [a. D. 1641.
are so united with the church and commonwealth, that
they cannot be severed ; yea, so, as that not the one is
in the other ; but one in the other is both. So, as the
services ^^ liich we do upon these occasions to the com-
monwealth, are inseparable from our good offices to the
church ; so, as upon this ground, there is no reason of
our exclusion.
: If ye say that our sitting in parliament takes up much
time, which we might have employed in our studies or
pulpits ; consider, I beseecli you, that whilst you have a
parliament, we must have a convocation ; and that our
attendance upon that will call for the same expcnce of
time, which ^ve offer to this service ; so, as herein, we
have neither got nor lost.
But I fear it is not, on some hands, the tender regard
of the full scope to our calling, that is so much here stood
upon, as the conceit of too much honour that is done us
in taking up the room of peers, and voting in the high
court; for surely those that are averse from our votes,
yet could be content we should have place upon the
woolsacks; and could allow us ears, but not tongues. If
this be the matter, I beseech your lordships to consider
that this honour is not done to us, but to our profession;
which, wliatevcr we be in our several persons, cannot
easily be capable of too much respect from your lord-
ships ; ?ion tib'i sed Isidi.
Neither is this any new grace that is put upon our call-
ing, (which, if it were now to begin, might perhaps be
justly gruflged to our personal unv.orthincss) but is an
ancient right and inheritance inherent in our station ; no
less ancient than these walls wherein v> 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 hou<e of commons. In this, however, he succeeded no farther
than to receive his life at her hands ; which it seems he had
forfeited by conspiring to deliver up the city to the king.
A. D. 1643.] MR. WALLER. 117
Mr. Wallers Speech, praying for a Mitigaiion of the
Sentence passed upon him by the Parliament.
Mr. Speaker,
I ACKNOWLEDGE it a great mercy of God, and a great
favour from you, that I am once more suffered to behold
this honourable assembly.
I mean not to make use of it to say any thing in my
own defence, by justification or denial of what I have
done. I have already confessed enough to make me
appear wortliy, not only to be put out of this house,
])ut out of the woild too. All my humble request to you
is, that if I seem to you as unworthy to live as I do to
myself, I may have the honour to receive my death from
your own hands, and not to be exposed to a trial by the
council of war. Whatever you shall think me worthy
to suffer in a parliamentary way, is not like to find stop
any where else.
This, sir, I hope you will be pleased, for your own
sakes, to grant me, who am already so miserable, that
nothing can be added to my calamity, but to be made
the occasion of creating a precedent to your own disad-
vantage : besides tlie right I may have to this, consider, I
beseech you, that the eyes of the world are upon you.
Yoa govern in chief; and if you should expose your
own members to the punishment of others, it will be
thought that you either want power or leisure to chastise
them yourselves ; nor let any man despise the ill conse-
quence of such a precedent as this would be, because
he seeth not presently the inconveniences which may
ensue. You have many armies on foot, and it is uncer-
tain how long you may have occasion to use them. Sol-
fliers and commanders (though I know well they of the
parliaments army excel no less in modesty ttian they
do in courage,) are generally of a nature ready to pre-
tend to the utmost power of this kind whicii thcv con-
ceive to be due to theuj, and mny be too apt, upon any
118 MR. WALLER. [a. D. 1643.
occasion of discontent, to make use of such a precedent
as this. In this very parliament you have not been
without some taste of the experience hereof: it is now
somewhat more than two years since you had an army
in the north, paid and directed by yourselves ; and yet
you may be pleased to reu^ember there was a consider-
able number of officers in that anny, A\bich joined in a
petition or remonstrance to this house, taking notice of
what some of the members had said here, as they sup-
posed, tp their disadvantage, and did little less than
require them of you. "Tis true, there had been some
tampering with them ; but what has happened at one
time, may wisely be thought possible to fall out again
at another.
Sir, 1 presume but to point you out the clanger ; if it
be not just, I know you will not do me the wrong to
expose me to this trial; if it be just, your army may
another time require the same justice of you in your own
behalf, against some other member, whom perhaps
you would be less willing to part with. Necessity has
of late forced you into untrodden paths, and in such a
case as this, Mhere you have no precedent of your
own, you may not do amiss to look abroad upon other
states and senates, which exercise the supreme power,
as you now do here.
I dare confidently say you shall find none, either an-
cient or moticrn, which ever exposed any of their own
order to be tried for his life by the officers of their ar-
mies abroad, for what he did while he resided apiong
them in the senate.
Among the Romans the practice was so contrary, that
some interior olficers in their army, far from tlie city,
having been sentenced by their general or commander
in chief, as deserving death by their discipline of war,
have nevertheless (because they were senators) appealed
tliither ; and the cause has received a new hearing in
'the senate.
Not to u.c more words to persuade you tQ take heed
A. D. 1643.] MR. WAXLER. 119
that you ^voiind not yourselves, through my sides, in vio-
lating the priviletres belonginii to your own persons, I
shall humbly desire you to consider like\vise the nature of
njy offence ; not but that I should be much ashamed to
say any thing in diminution thereof, (God knows 'tis
horrid enough for the evil it might have occasioned)
but if you look near it, it may perhaps appear to be
rather a civil than a martial crime, and so to have title
to a trial at the common law of the land. There may
justly be some difference put between me and others in
tliis business.
I have had nothing to do with the other arniy, or any
intention to begin the ofl'er of violence to any body ; it
was only a civil pretence to that which I then foolishly
conceived to be the right of the subject. I humbly re-
fer it to your considerations, and to your consciences,
I know you will take care not to shed that blood by the
law of war, \vhich hath a right to be tried by the law
of peace.
For so much as concerns myself, and my part in this
business, (if I were worthy to have any thing spoken, or
patiently heard in my behalf,) this might truly be said :
tliat I made not this business, but found it ; it was iti other
men's hands long before it was brought to me ; and when
it came, I exteiid(M] it not, but restrained it. P^or the
propositions of letting in part of the king's army, or of-
fering violence to tiie members of this house, I ever dis-
allow ed, and utterly rejected tiiem.
M'hat it was that moved me to entertain discourse of
this business so far as I did, I ^vill tell you ingenuously ;
and that i\ther as a Ararning for others, than it makes
any thing for mvsclf: It was only an impatience of the
inconveniences of the pieseut war ; looking on thini^s
with a carnal eve, and not minding that wliich chietlv,
if not onlv, ought to have been considered : the inesti-
mable value of tluM^ause vou have in hand, the cause of
Ciod and of religion, and th(^ necessities you are forced
upon lor tlie mainUnaiice of the suuic. As a just pu*
-12Q MR. WALLER.. [a. D. 1643.
nishment for this neglect, it pleased God to desert me,
end suffer me, Avith a fatal blindness, to be led on and
engaged in such counsels, as were wholly disproportion-
ed to tlie rest of my life. This, sir, my own conscience
tells me, was tlie cause of my falling; and not malice, or
any ill habit of mind or disposition towards the common-
wealth, or to the parliament. For, from whence should I
have it? If you look on my birth, you will not find it in
my blood. I am of a stock which hath borne you better
fruit. If you look on my education, it hath been al-
most from my childhood in this house, and amongst the
bestsortof men ; and for the whole practice of my life,
till this time, if another were to speak for me, he mi2;ht
reasonably say, that neither my actions out of parlia-
ment, nor my expressions in it, have favored of disaifec-
tion or malice to the liberties of the people, or privi-
leges of pai'liament.
Thus, sir, I have set before your eyes, both my per-
son and my case ; wherein I shall make no such defence
by denying or extenuating any thing I have done, as
ordinary delinquents do. ]\Iy address to you, and ail
my plea shall be, such as children use to their parents.
I have offended ; I confess it. I never did anv thing like
it before. It is a passage unsuitable to the whole course
of my life besides; and for the time to come, as God,
that call bring light out of darkness, hath made this bu-
siness in the event useful to you, so also hath he to me.
^'ou have, by it, made an happy discoveiy of your ene-
mies ; and I of myself^ and the evil principles I walked
by ; so that if you look either on what I have been hereto-
fore, or v.hat I now am, and by Gods grace assisting
me I shall always continue to be, you may, perhaps,
think me fit to be an example of your compassion and
clemency.
Sir, I shall no sooner leave you, but my life will de-
pend on your breath ; and not that alone, but the sub-
sistence of some that arc more innocent. I might, there-
fiofe, shew you my children, whom the rigour of your
A. D. 16-46.] MR. LENTHALL. 121
justice would make complete orphans, being already mo-
tiierless. I might shew you a family wherein there are
some unworthy to have their share in that mark of in-
famy which now tlireatens me. But something there is,
which, if 1 could shew you, would move you more than
all this : it is my heart ; which abhors what I have done
more, and is more severe to itseH^, than the severest judge
can be. A heart, Mr. Speaker, so awakened by this
affliction, and so entirely devoted to the cause you main-
tain, that I earnestly desire of God to incline you so
to dispose of me, whether for life of death, as may most
conduce to the advancement thereof.
Sir, not to trouble you any longer, if I die, I shall die
praying for you ; if I live, I shall live serving you, and ren-
der you back the use and employment of all those days
you shall add to my life.
WILLIAM LENTHALL,
(All eminent Lazcyer, and Speaker of the Long Parliament,)
Was member for Woodstock. He was born 1591, and died l662.
This high-flown address to General Fairfax, is a, model of the adu-
latory stile. Surely a great nian does not btand in need of so
much praise.
Sir,
I HAVE a ver)' hard task to perform, to present the re-
spects of the house of commons, according to your ex-
cellency's merit, and their desires. To eficct this ac-
cordingly, I should have informed myseh', from histo-
ries that have preserved the memories of tlie famous
wortliies of former ages, and should have taken the di-
piensions of tiie largest coronets and trophies wherevith
122 MR. LEN-THALL. [a.D. 1^46.
tlicy are made glorious ; and even those would rather
streighten than enlarge the temples of your excellency.
Or else I should have consulted some of the most learn-
ed and eloquent orators, who have set forth the glorious
gests pertbrmed in former times, whereby I might have
insisted on some parallel for your wisdom, piety, jus-
tice, and valour; but I conceived the virtues and sue-
cess which God hath bestowed upon you, M'ere very
hardly to be matched, and rather needed more industry
and memory to enumerate, than oratory to polish.
Heretofore, when I read the histories of the acts of famous
princes and warriors in this or other nations, it was not
without some jealousy, that in them there was some
mixture and glosses of oratory and art, the more to set
off and give lustre to their acts, as arguments of emula-
tion for others to follow the footsteps of their virtues ;
but the actions of your excellency will add lustre and be-
lief to them, being all verified in you. And, indeed,
here considering the swift marches, and the expedition
of those grans' and difficult attempts, Avhich were prose-
cuted and elfccted by your excellency, I may say, the
Ahnighty came riding on the wings of the wind ; for tliese
were nothing else but the magnalia Dei^ acted in and by
you, his insti'umcnt.
It wds the custom of the ancient Romans, after a glo-
rious and succes.-ful piince, to derive his name tp pos-
terity in memory of his virtues; as after that great prince
Julius Cjesar, his successors retained the name of Caesars ;
as Augustus Caesar, Tiberius (Caesar, &c. Thus, here-
aflcr, nil famous and victorious succeeding generals in
tliis kingdom, (if the times should prove so unfortunate,)
>vill (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<i; answered, No!
for that England, as llie greater, will drav,- ScotlanJ,
to it, being the less, nnd incorrorato li to the hrvs of
PLngland ; a'<_, saith tlie historian, it did Normanly, ihough
tije owner thereof Avas conqueror in England.
And sir Ro^er () ven in his r\[S^. affirms, that there
is not anv of our historiaiii that lived in the space of
200 yeurs iinaiediatc^ly alter the conquest, v.'hiv-h doth
describe our laws to be Lik^'U auav, sin;l the Xornian
custom iniroJuccd by the Conqueror. SuiUv; oi tiieia
K -l
132 Mil. WHlTLOCkE. [a.t>. 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 <luke
William. Journalensis saith, that out of the Jli.rcheu
A.D. 1()50,] Jim. W II IT LOCKE- 1315
Lage, West-Saxon I^age, ^nd Dane Lage, the Confes-
sor composed the comnioii law, wliich remains to this
day. Mahnsbury, who li\ei! in duke A\'il)i -m's time,
aith, that tiie kings were sworn to observe tlie iaM's of
the Confessor, so caiicd, saith he, because lie observed
-them most relii^ionslv.
J]ut to make tliis point clear out of Ingulphus, he
eaith, in the end of his Chronicle, I Ingulphus brought
M ith uje from London into my monastery, (Cro\\ land)
jthe ia.ws of the moit righteous king Edu ard, M'hich my
lord king William did command, by liis })roclamation,
to be authentic and perpetual, and to be observed-
throughout tlu3 wiiole kingdom of England, upon pain
jof moat heinous punishment. The ledger book of the
iil)bey of \V'akhaiij commends duke Wiiham, for restor-
ing tlie Jaws of the i^kighslunen out of the customs of
tlieir coumry, Kadburn follows -his opinion : and these
Jaws of Edward tJiC Confessor are the same, in part,
which are contained in our great charter of liberties.
A manuscript, intitled, Dc G est is Aiiglorum, saith,
that at a parliament of Eondon, 4 \Villiam L the lawyers
also prc^Ciil:, that the king might hear their laws, he es-
tablished St. j'ldwartrs laws, they being formerly used
in king Edgar's time. There is also mention of the
twelve men out of every countv, to deliver ti'uly the
state of tiieir lav\s. Ttie same is remembered by Sel-
dcn, Ilistorv of Tvthcs and Titles of Honour, and in a
MSS. ciironiele, bound, v, jlli the book of Eli, in Cot-
ton's librarv.
Ouc ol tiie v.orihv genllemen from Avhom I difflr in
opinioii, ^vas pk^.iL: u to sny, tl)at if William the Con^
qneror did not iuii-ov'uco the laws of Nornrandy into
l'i,n2;land, yet he con.cei\e.s our iav.s to be brought out
of France I'idier, in t!;e time of some other of ou.r
kings, who l-,id larg^^ territories iii France, and brought
in their Upas hither; else he woiiders liow our laus
ehould be in French.
Si)-, 1 sliall endeavour to sati-fv Lis wonder diereiij
136 MR. WHITLOCKE. [a. D. 1650,
by and by : but first, witli your leave, I shall offer to
you some probabilities out of history, that the laws of
England Averc by some of those kings carried into
France, rather than the laws of France brought thither.
;This is expressly a ftirmed by P^ulus Jovius, who writes,
that when the English kings reigned in a great part of
France, they taught the French their laws. SabelHcus,
a Venetian historian, writes, that the Normans, in their
manners, and customs, and laws, followed the Enghsh.
Polydore Virgil, contradicting himself in another place,
then before cited, relates, that in our king Henry the
First's time, the duke of Bedford called together the
chief men of all the cities in Normandy, and delivered,
in his oration to them, the many benefits that the
English afforded them; especially in that the English
gave to them their custonis and law s. By the Chronicle
of Eltham, Henry V. sent to Caen in Normandy, not only
divines, but English common lawyers, by the agreenjent at
"Troys. So there is much more probability that the la^^ s
of England were introduced into France and Nor-
mandy, than that the la\\s of Normandy, or any other
part of France, were introduced in England.
If tlie Normans had been conquerors of England, as
the/ were not,' but their duke was only conqueror of
Harold, and received as hereditary king of England,
yet it is not ])robablc they would have changed our lav, s,
and have introduced theirs, because they ditl not use to
do so upon other conquests. The Normans conquered
tiie isks of Guernsey and Jersey, yet altered not their
laws, which in tneir local customs, are like unto ours.
The like they did in Sicily, Naples, and Apulia, Avhere
they were conquerors, yet the ancient laws of those
counti'ies were continued.
I hope, Mr. Speaker, I have by this time given some
satistaclion to the wortiiy gentlemen wIk; ditleicd A\ith
me, that the laws of England were npt iui[)osed upon
us l)y the Conqueror, nor brought over hither, either
out of Normandy^ or any otlier part of France, but are
A.D. 1()50.] MR. ^VI^TIOCKE, 137
our ancient native laws. I must now come to endea-
vour aJso to satisfy the m ondcr, if they were not, broujjbt
out of Normandy, or some otlier part of France, how
come they then to be written in tlic French language?
Sir, it is to me an argument, ihut because they ai*e
written in French, therefore they A^cre not brought in
by duke U'illiam the Norman ; for the Frendi tongue
was nottiiQ language of duke ^Viiliam and the Normans.
They had not been then, in duke ^Vi!lianJ's time, past
four descents in that part of France, and it is imp^robable
that they, in so short a time, should lose their nytive
tongue, and take up and usic the language of apother
country vhich was conquered by them.
The Normans canie from Sweden, Gothland, Norway,
and Denmark; between Mhose languages, and with the
High F)utch, their neighboiu's, tlicre is a great affinity;
but between these languages and the French there is
none at all. Ulphilus holds, that the Dutch tonguo
came from the (ioths. Jernandus saith, tiie Goths'
tongue came from the Dutch. All agree, that be-
tween these languages and tlie French, there is no affi-
nity.
it is so improbable that duke ^I'illiam should cause
our laws to be in French, that, when he proclaimed
them, as Ingul})lu!S testifies, he commanded that they
siiould be used in the same language they were written
(in luiglish) to his justices ; and gives tlie reason, lest
bv ignorance ue slioiild happen to break them.
J^ut it hath been fiuther objected, if duke ^Villiam
did not cause our laws to be uritten in French, v. iiat
then sliouid be the reason that the grand Custoniarv of
his Noruian laws were written in the French tou'^iier
'i'he reason thereof is uiven, that the Normans being
a rough and martial people, had few clerks among
them, but made use of tiiose French an;ong whom tLcy
then lived, and whose language thev then began to he,
acquainted w'u.h, and to understand ; but when they were
in jLn':;land, thev had not so niucli u^,e of those clerks,
15S MR. WIIITLOCKE. [a.D. 1()50.
and (hat language, but more of the English ; and pror
bably it might be, that the Confessor had been so iong^
in France, that he was more master of that language
than of the Noniian, and tliat the Normans understood
that language better tiian the English, and . thereu}jon
the Customary v.as written in the French tongue : but
it doth not therefore foUoAv, that duke Vt'illiain must
t:ause the English laws to be written in the French
tongue, but it is more likely that he might cause them
to be continued in their native idiom, which was much
nearer in affinity to his own northern language tlian the
French v.as.
That the French tongue was not introduced as to our
laws and other tilings by duke William, into England,
appears, in that the ' French ^ras in great use with us
here, both before and some time after iiis invasion.
Beda affirms, that in Anno 6"40, it was the custom of
England to send their daugliters into the monasteries of
France, to be brought up tliere ; and that Ethel bert,
l-^helwolf, Ethel red, and otiier Saxon kings, married
into the royal blood of France. G labor notes, that be-
fore tlie time of duke William, the Normans anr|
English did so link together, that they were a terror to
foreign nations. Ingulphus saitJi, that the Saxon hand
was used until the tinie of kiug Alired,. long before the
time of duke William ; and that he being brought up by
I'Vcnch teachers, used the French hand ; an,d he notc^
many charters of lilldrcd and Edgar A\rittcn in the
}''rench hand, and some Saxon mixed witii it, as in
tlie i)ook of Doomsday : that Edwai'd the Confessor, by
reason of his long being in France, was turned iiito
the French fashion, and all EuLiland with liitn : but
tliat William L commanded our laws to be Avritten in
the English tongue, because most men understood it,
and I! Kit there be many of his patents in the Saxon
tongue.
I ^'jppose we may be satisfied that William L did
not cauhe our laws to be v, rill' n in French, thoucih tiie
l.D. 1()J().] Mil. WH1TI.OCKE. 159
French language was much in use here before his time ;
and if he did not iirtroduce the French language int(j
Krigland, the argument falls, that because they are
yvritteii in French, thercf(;re he brought them in.
But, sir, I shall offer you some conjectures, how it
came that our laws were written in i'Ycnch, ^^hich I
suppose niiglit be hegun in the lime of our kiug Henry II.
who was a Frenclintan born, and had large tciTitoiies
and relations in France ; many of his successors had the
like, and very mucli to do in France, and with French-
men, of whom great numbers cnnie into Fngland; and
tiiey and the Fngiish matched and li-.ed together, both
here and in some parts of France. Hence it came tq
pass, as jGiraldus Cambrensis notes, tiiat the English
tongue A^as in great use in liourdeaux ,and in other
parts of France Avhere tiie Englishmen were resident
and conversant ; the like was when the Frenchmen were
so conversant in ]\,ngland.
jMaitliGw Wesiiiiinster writes, that he \vas in hazard
of losing his living, because he understood not the
French tongue ; and that in king Henry H. and king
Stephen's time, who had large dominions in France,
their native country, the number of French, and of
inatchcs M'itii tljem, ^\as so great, that one could hardly
know ^\ho was French and vho was English. Gerva-
fcius Tilburlcnsis observes the same ; and Brackland
writes, that in Riciiard the l^rst's time, pi'caching in
l^igland Vvas in the iVcnch toiii^ue ; jjrobably pleading
might be so likcwist? ; and in khi-;; John's time, French
was accounted as tlic n:other tongue.
" 'ilicre lire sc-rro any deeds of our kings in the
French before Henry the Second's time: the most are
in F^hvard the Fir>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<zn, are
enrolled in French, notwithstanding this statute 36
Edw. III. except the statute 6 Richard II. and some
others, in Latin. Richard II. Henry IV. Henry V,,
and Henry VI. used to write their letters in French
and some of our pleadings are in French, and in the
comuion |)leas to our time : but, sir, our law is led' non
scripta : I mean our common law ; and our statutes,
records, and bool^s, which ai'e written in I'Vcnch, are
no argument, that therefore the original of our laws is
from IVunce ; for ihev were in beiuiZ before anv of the
French Ivuigiiagc was in ou.r laws,
] Oitcscue writes, that the English kept their accounts
in ir^i^xh ; yet doublicss tliey had accounts liere, and
revenues, before the French language was in use here.
Lord Coke sailh, that the Cou(jueror taught the English
tlie Norman tcj'ms of hawking, hunting, gaming, rSic.
yet no doubt but that these recreations were in use with
us before his tune; and though duke "William, or any
A.-d.\(j50.] iiK. wiiiTLOcki!. 141
other of our kings before or after his time, did bring in the
French tongue amongst us, yet that is no argument that
he or they did change or introduce our laws, m hich un-
doubtedly Mere here long before those times ; and
some of tliem, when the French tongue \ras so much
in use here, were translated, written, and pleaded,
and recorded, in the French tongue, yet remained the
same laws still ; and from that great use of the French
tongue here, it w as, that the reporters of our law cases
and judgments which wcve in tliose terms, did write
their reports in French, which was the pure French in
that time, though mixed with some words of art. I^hose
terms of art were taken many of them from the Saxon
tongue, as may be seen by those yet used. And the re-
porters of later times, and our students at this dav, use
to take their notes in French, following the old reports
which they studied, and the old French, which, as in
otlier languages, by time came to be varied.
I shall not deny but that some monks, in elder times;
and some clerks and officers, mii^ht have a cimniu'T for
their private honor and profit to keep up a my.ster\-, to
have as much as they could of our laws to be in a
kind of mystery to the vulgar, to be the less undei stood
by them ; yet the counsellors at law, and judges, could
have no advantage by it. But, perhaps it ^ould be
found, that the laws being in English, and generally
more understood, yet not sufficiently, would occasion tiie
more suits ; and possibly there may i)e sonietliing of the
like nature as to tlie court hand : yet if tiie more common
hands were used in our law writings, they would be the
more subject to chani;e, as the Eiiglish and other kui-
guages are, but not tlie Latin. Siiiely tlie French touLruo
used in our reports and law books deser\'es not to be
so enviously decried as it is by Polydore, Eliot, Danie',
riotoman, (.'oucl, and other censurcrs.
Ikit, Mr. Speaker, if I have t)een tedious, I huiublv
ask your pordon; and have the more liopes to obtain it
from so many wortliv Enirliih LTCiillemoi]. when llud
I4fi MR. VVIlITLOckE. [a. d. 1650.
which I hav'esaid was chisflv in vindication of their own
native k\A'S, unto which I held myself the more ohhgcd
by the duty of my profession ; and I account it an honor
to me to be a lawyer.
As to the debate and matter of the act nov/ before
you, I have delivered no opinion against it ; nor do I
think it reasonable that the generality of the people of
England should, by an iinplicit faithj depend upon the
knowledge of others in that which concerns them most
df all. It was the Romish policy to keep them iii igno-
rance of matters pertainiilg to then* souls health ; let them
not be in ignorance of matters pertaining to tlieir bodies,
estates, and all their worldly comfort. It is not ui>-'
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
<j|uestion Avill not be of every individual man, but Of
such Only as have not, nor can give, any testimoily of
their having changed their interests and principles ; on
the contrary, have given a just ground of suspicion that
they do retain them.
For those who have actually had a hand in designing,
contriving, acting; or abetting in the late insurrection,
and can be convicted thereof by testimony, that is under
another consideration, and will not be pertinent to be
spoke of under this head.
Then to answer that ciucstion. What have tlicy done ?
It's true, there was an insurrection, and of some of
the party, AVagstaffe, Wilmott, &;c. ; but arc all there-
fore to be punished ? What hath the nhole party
done ? This I would say in general, that the old de-
linquent party have not only the same intentions tliat
148 MR. LEJTTIIALL. [a. D. iGSf-
they liatl when they "vverc in open arms, and notori-
ous! v manifested it to the consciences of all men who will
consider it, bnt they do retain their old ]irinciples, and
still adhere to their former interest, (\\ hat that is I have
spoken before,) and have been all alonji hatching new
chsturbances to troul)le the peace of the state. And
altliouiih the testimonies do not extend to such a proof
as is necessary to a legal conviction, yet so much is
known of the actions and conversation of the whole
party as may satisfy any indifferent man, (especially a
state who ought rather to be too jealous tlian too secure,)
that they were, generally involved in the late design,
and ought in reason to have the charge laid upon
tlicm. ^
To evince that, talie a view of this partv ever since the
battle of \Vorcestcr. There you know their ho|)es ^\erc
broken, and the lives and estates of that m hole party in
the three nations subjected to your po^ver. What !
doth the parliament apply themselves to heal and cement,
and to take away the seeds of division ? Hence it is,
that not only justice is done them all, but an act of
grace is granted to them, and that by the governn)ent !
What do they meditate? The overtlirow of those whose
favour they were by the providence of God com])clled
to seek ; for from that very day, until the late insurrec-
tion broke forth, they have been in agitation of ill de-
MR LENTOALL.
The Speaker ( Lentliairs), Speech on the Inauguration of
Crojuuell.
IVIay it please your liiglmess,
JL ou are now upon a great theatre, in a large eliior of
pt'ople ; you have the parliament of England, Scotland,
A, P, l6jy.] MR, rENTHALL. 149
qikI Irc4anf{, before you ; on your right hand, iny lords
llio judges ; and on your left hand, tiie lord mayor, al-
dermen, and sheriffs of London, the most noble and po-
pulous city of Kngland. The parliament, with the in-
terposition of your suffrage, niakes laws; and the judges
t).nd go\ernors of Loriflon, are the great dispensers of
those laws to the ])eo{)lc.
The oecasion of this great convention and intercourse,,
is to give an investiture to your highness in that eminent
place of lord protector, A name you had before, but it
is now settled by the full and unanimous consent of the
people of these three nations, assembled in parliament.
You have no new name, but a new date added to the
old name; the 1 6th of December, is now changed to thq
26'thof Juno.
I am commanded by the parliament to make obla-
tion to your highness of four tilings, in order to this in-
auguration,
The hrst is, a robe of purple, an emblem of magis-
tracy, and imports righteousness and justice. When you
put on this vestment, I may say, (and I hope without
(jffence,) that you are a gown man. TJiis robe is of a
inixed colour, to she^v the mixture of justice and mercy,
whicljaretheu most excellent when they are well tempered
together. Justice Mithout mercy, is wormwood and
llitterness ; and mercv without justice, is of too soft a
temper for government ; for a magistrate must Jrave two
hands, plectcHtciii ct ainplcctcMtcin.
'y\\Q next thing is a bible, a book that contains the
holv scriptuies, in wiiich you have tlie honour and hap-
pines'< to be \\ell veivcd. iiiis is the iK^ok of life, con-
sisting of two te^taniciUs, the old and new. - In the first
we have Christ niti vcUitui, Christ in types, shadows,
and futures ; \\\ the latter we have C'nristian revelation,
Christ revealed. Thi>^ 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<l
justice, are omitted, I thought I had been doing that
which was my duty, and thought it would have satis-
hf d you J but if every thing must be too high or too
low, vou are not to be satisfied.
* How beautiful und eloquent !
A. D. 10^7.] OLIVER CROMWEtL. 153
Again, I vvpulcl r^Qthaye accepted of the government,
unless I knew there wtinVi ^^ a just accord between thtj.
governor antl the governed ; unless they would take
^n oath to niako good what the parliament's petition and
advice advised me unto; ui)On that I took an oath, and
they took anotlier oatli upon their pii^rt, answerable tmnine;
and did npt every o^ic know upon what condition tliey
swore? God knows, I toojk it upon the conditions ex-
pressed in the govcrnmen|, and I did think we had been
upon a foundation, and upon a bottom* j and thereupon
I thought myself bound to take it, and to be advised by
the two houses of parliament; and we standing un-
settled till w? were ^rrjved at that, the consequences
would necessarily have' been confusion, if that had not
been settled. Vet thero arc not constituted hereditary
lords, nof hereditary khigs ; the pow er c( n isting in
the two houses and myself I do not say that was the
Hieaninsi of your o-aXh to yourselves, that were to 2:0 ao-ainst
my own principles, to enter upon another man's con-
science, . Go(l will. judge between me and you. If there
had been in ypu ^ny intention of settlement, you would
have settled upon tliis basis, ancl have offered your judg-
ment and opinion.
God is njy witness, I speak it, it is evident to all the
world, and all jieople li\'ing, that a new business hath
been seeking in the army, against this actual settlement
niade l)v vour consent. I do not speak to these iicnlle-
men, or lords, (pointmg to ms right hand,) whatsoever
you w ill cull them. 1 speak not this to them, but to
you ; you advised me to run into this place ; to bo
in a capacity by your advice; yet instead of owning a
thing taken for granted, some must have 1 know not
Mhat; and you have not (miy disjointed yourselves, but
the whole nation, which is in likelihood of nmning into
i;iore confusion, in these fifteen or sixteen days that you
TIu:> 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 <ire the great council of the chief magistrate,
in whose advice both he and these nations nuiy be most
safe and hapj)y. I can assure you, I have that esteem olf
tlicm, and as I have made it the first act of niy-govern-
luenl to call you together, so I shall further let you see
the value I have of you, by the answers that I shall re-
tiu-n to the advice that shall be given me by you, tor the
good of these nations.
\'ou are come up from your several counties, as the
heads of your trihcs, and /. itli hearts, (I persuade mv-
>,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<i, miserably killed the night or day before, and
with snch circuiiistances killed as improved the miserv
be^-ond ih-j los< itself This enfranchiiircment is worth
A.D. 16()0,] EDWARD HYDE. 1^3
all tlicv pay for it. Your lordships Aviil easily recover
that estimation and reverence that is due to your hi^h
condition, by the exercise and practu^e ot that virtue
from whence your honours first si)ranii[ ; the example of
your justice and piety will inflame the hearts of the
people towards you, and from yom* practice they ^ill
make a judgment of the king himself They know veiy
well that you are not only admitted to his presence, but
to his conversation, and even in a degree to his tiiend-
ship : for you are his great council, hy your exainpio
tjiey will form their own manners, and ()y yours they
will make a guess at the king*s ; therelbre under
that ol)lioation, you will cause your piety, your justice,
vour affability, and your charity, to shine as bright as is
possible before tliem. They are too much in love with
England, too partial to it, who believe it the best country
in the world ; there is a better earth, and a better air,
and better, that is, a warmer sun, in other countries ; but
we arc no more than just when we say, that England
is an inclosure of the best people in the Avorld, Avhen they
are well informed and instinicted ; a people in sobriety
of conscience the best devoted to God Almighty; in the
integrity of their atiections, tlie most dutiful to the king;
in their good manners and inclinations, most regardful
and loving to thenobilitv: no nobility in Eurone so en-
tire! v beloved by the j)eople; there may be more iwvc
and fear, and teiTor of them, but no such respect towards
tlicm as in j-'ngland. I beseech your lordships do not
undervalue this love ; tliey have looked upon your lord-
ships, and tliev mIU l<K}k upon 3'our lordships agiiiu. as
tlie greatest exam[)le and pattern of duty to the king;
as their greatest seciu'ity and protection from injury and
injustice, and for their enjoying whuisoever is due to
them by tlie Ins. and as the most proper mediators nnd
interposer.s to the king, if, by any failure of justice,
they should be e\[iosed to any oppression -and viokiice ;
and this exercise of your justice lUid kinduLss towards
them will make them the more ablior and abominate
.M
l5j. EDWAED HYDE. [a. D. 1660.
that party upon whicli a commonwealth must be found-
ed, because it would extirpate, or suppress, or^eprive
them of their beloved nobility, which are such a sup-
port and security to their full happiness.
And you, gentlemen of the house of commons, who
are now returning to your country laden \\ ith a trust not
inferior or less weighty than that you brought from
thence : you came up their deputies to the king, and he
returns you now his deputies to them ; his plenipotenti-
aries to inform and assure them that he thinks himself
the happiest and greatest prince in the world j not
from the situation of his dominions and the power of his
great navy, witli which he can visit his neighbours, and
keep them from visiting him, nor from the noble revenue
you have settled upon him, which he will improve with
all good husbandry ; but being possessed of the affections
and hearts of such subjects, that he doth so intirely love
them and depend upon them, that all his actions and all
his councils shall tend to no other end but to make them
happy and prosperous ; that he thinks his honour and his
interest principally to consist in providing for, and ad-
vancing the honour and interest of the nation.
That you may have the more credit in what you sav,
he will not take it unkindly if you publish his defects
and inhruiities : you may tell them that he is so confi-
dent in the multitude of his very good and faithful sub-
jects, that he is very hard to be persuaded that his few-
ill and unfeithful subjects can do him much harm ; that
he so much depends on the afi'ections of honest men,
anfl their zeal for his security, that he is not so solicitous
and vigilant for his own safety as he ought to be, amidst
so many combinations of ^\"hich he is so well informed ;
that his servants, \\lio w'lih grief and anguish importune
him not to take so little care of his own safety, can obtain
no otlur answer iroin liim than A\hat (^rsar lieretofore
j:ave to his -/(^alous friends : Mori inc malle quaia liinere.
Jle will die any death rather tlian live in tear of his
(jun >-ui<jects, or that they should be in fear of him.
A.t>. 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<icur-
rences; especially when once fears and jealousies arc
on the M ing. My lords, I shall not pretend to determine
whether there have been any just grounds given by
any violent men, or by the unreasonable ambition of
any Roman catholics, for such fears and jealousies ;
it suffices to exact the necessity of a timely remedy,
since they have, indeed, most violently seized and dis-
tempered the minds of the major part of his majesty's
])rotestant subjects, m hich certainly no man conversant
in the world can deny. Now, my lords, in popular
fears and apprehensions, those usually prove most dan-
gerous, that are raised upon grounds not m ell understood ;
and may rightly be resembled to the fatal effects of panic
fears in armies, where I have seldom seen great disorders
arise from inteiligencies brought in by parties and scouts,
or by advertisements to generals, but from alarms upon
groundless and capricious fears of danger, taken up, mc
know not either how or \\ hy. This, no man of moderate
experience in military affairs, but hath found the dant-
gerous effects of one time or other; in giving a stop to
v.hich mischief, the skill of great commanders is best
seen. In like manner, my lords, this great and jmii-
eious asseml)ly of the house of commons, rightly sensi-
ble of the dangerous effects wliich so general a disturb-
ance of mcii's minds in the conceinments of religion,
fhow groundless soever) might produce, have applied
their care to ol)viate them by this bill; a bill, in my
opinion, as full of moderation towards catholics, as of
prudence and security towards the religion of the siatts
Jn this bill, mv lords, notwithstanding all tiie alarms of
tlie increase of popery and designs of papists, here is
no mention of barring them from a private and mode^jt
A. r>. 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<iain, tiii;'. our peace
abnnid Avill not subsist any long*^ r -J .; v, Li.e '.ve main-
thin our jjeHcc at home; fcr v.i Jir ' tf:;s,, r.o r.'n^c.cin
can be uble to act in its lidl fctrer*'":: ; Ltiid will^^ut that^
A.T>.]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 artiil<e of ill men, who would create and
nouristi all the suspicions they can devise j but the cure
of it lies }>erfectly in vour han(ls ; for all will presently
vanish as soon as men :,liaii se<i vour ac()niescence, and
the fruits of it, in aclieartul coiicurrencc with his majeslv
to ail thciC good and puhlic ends \\ hich he luith nov,' so
1S2 HENEAGE FIXCII. [a. D. 1676.
earnestly recommended to you. It would be somewhat
strange, and without all example in story, that a nation
should be twice ruined, twice undone, by the self-same
ways andftiieans, the same fears and jealousies. Will
any man that but gives himself leave to think, refuse
to enjoy and take comfort in tlie blessings that are pre-
sent, only for fear of future changes and alterations ?
Surely it is enough for any kingdom, and more than'
most kingdoms of the m orld can boast of, to have their
a(Tairs brought into such condition, that they may, in
all human probabilit}-, and unless by their own default,
continue, a long time safe and happy. Future contin-
gencies are not capable of any certain prospect. A se-
curity beyond that of human probability, no nation ever
did or ever shall attain to. If a kingdom be guarded
by nature against all dangers from witliout, and then
will rely too much upon ^vhat nature hath done for them :
if a kingdom be ^\ arned and cautioned against all dan-
gers from M ithin, by former experiences, and tlien will
either forget, or make no use of those exi)eriences : if a
kingdom be po\\'erful in shipping and navigation, and
then see their neighbours endeavouring to overpoM'er
them that way, witliout being solicitous to augment and
reinforce their own naval strength : if a kingdom be
happv in the frequent assemblies of their great councils,
where all that is grievous may be redressed, and all
that is wanting njav l)e enacted, and then Avill render
those councils useless and impracticable, by continuing
endless distractions; who can wonda* if their atl'airs
should Ijcgin to be less |)rosperous, when otherwise,
humanely s})eaking, and in all common probabihty, their
condition would ha\e been out of the reach of iortune,
and tiieir security in a mruiiier impregnable.
My lords and gentlemen, if the presaging malice
of our enemies should portend any such fate as this to
befal us, the wi>dorn 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<jn of
the value and esteem all people e\er had of the fore-
mentioned acts of Edward III.; since, from tliat time
to this, there can but one precedent be found for the
proroguing of parliament above a year; and that was
but for tiu'ee day< neit.her. Eeiridcs, my lords, tiiis pie^
193 BOKE OF ntCKtNGII.\M. [a. t). IGTG;
cedent is of a very odd kind of nature, for it M-as in time
of a very great plagiie, when every body of a sudden
was forced to run away one from another ; and so being
in haste, had not leisure to calculate well the time of
tiie prorogation, though tlie appointing it to be within
three days of the year is no argument tu me that their
design was to keep witliin the bounds of the acts of
pariiiiment. And if the mistake liad been taken notice
of in queen Elizabeth's time, I make no question but she
would have given a kuvful remedy.
, Now I beseech your lordships what more can be
drawn from the shewing this precedent, but only that
because once upon a time a thing was done illegally,
therefore your lordships should do so again now. Thougli
my lords, under favour, ours is a very diiferent case from
theirs, for this precedent they mention was never taken
notice of; and all lav.yers \\i\\ tell you that a precedent
that passes .mb silaitio is of no validity at all, and will
never be admitted in any judicial court where it is
pleaded ; nay, judge Vaughan says in his reports, that
in cases \\hich depend upon fundamental principles,-
lor which demonstrations may be drawn, millions of
precedents are to no purpose. Oh ! but say they, you
must think prudentially of the inconveniences which
will follow upon it ; for if this be allowed, all these acts
which v/ere made in that session of parliament will be
then void. ^\'hcther that be so or not, I shall not now
examine ; but this I will j^-etend to say, that no man
ouglit to pass for a prudential |)erson, who only takes
notice of tiic inconveniences of one side. It is tiie part
(li a A'.ise man to examine the inconvenience of both
si'.irs, to weigh \vhic.h are the greatest, and to be sure to
avoid them ; and n:iy lords, to that kind of examination
I willingly submit this case, for I presume it ^yill be
ca:iy for your lordships to judge which of these tv\o will
be of ihe most dangerous consequence to the nation ;
eiiher to allow that the statutes made in that })articuhir
session in qai'en Elizabeth's thrie are void, (which niay
At). 1676.] DUKE OF BUCKINGHAM. l^S
easily be confirmed by a lawful parliament,) or to lay it
dow n for a maxim, that the kings of England, by a parti-
ticular ordei* of theirs, have power to break all the laws
of England when they please.
And my lords, Avith all the duty we owe to his majesty^
it is no disrespect to him to say, that his majesty is bound
up by the la^\s of England : for the great king of heaven
and earth, God Almighty himself, is bound to his own
decrees ; and what is an act of parliament but a decree
of the king, made in the most solemn manner it is pos-
sible for him to make it ; that is, with the consent of the
lords and commons. It is plain then in my opinion,
that we are no more a parliament ; and I humbly conceive
your lordships ought to give God thanks for it, since it has
thus pleased him by his providence to take you out of a
condition wherein you must have been entirely useless
to his majesty, to yourselves, and the whole nation. But
I do beseech your lordships, if nothing of this I have
urged were true, what honourable excuse could be had for
our acting again with tiie house of commons, except Me
could pretend such an exquisite art of forgctfulncss as
to avoid calling to mind all that passed bctw cen us
the last session ; and unless we could have also a fjcultv
of teaching the same art to the whole nation. AVhat
oi)inion could they liave of us, if it should happen that
the very same men, who were so earnest the last session
for having the house of connnons dissolved A^ hen tliere
was no question of their knvful sitting, S;iould be now
willing to join w ith tiicm again, when without question
they are dissolved.
Nothing can be more dangerous to a king or a })eople,
than that the laws should be niadc by an assembly, of
V. hich there can be a doubt whether they have a power
to make laws or no ; and it Mould be in us inexcusable
if Mc should overlook this danger, since there is tor it so
easy a remedy a\ hich the hnv re(|uires, and m hich all the
nation longs for.
'Ihe culling a new parliament it is, that only can put
VOL. I. O
194 COtONEL BIllCH. [a. D. I68O.
liis majesty into a possibility of receiving supplies, that
can secure your lordships the honour of sittincj in this
house like peers, and your being serviceable to your king
and country ; and that can restore to all the people of
England their undoubted rights of choosing men h^qucntly
to represent their grievances in parliament; without this,
all we can do ^^ ould be in vain j tlie nation may languish
a while, but must perish at last ; we should become a
l)urtljen to ourselves and a prey to our neighbours. My
motion therefore to your lordships shall be, that we
humbly address ourselves to his majesty, and beg of him
for his own sake, as well as for the people's sake, to give
us speedily a new padiament, that so we may unani-
mously, before it is too late, use our utmost endeavours
for his majesty's service, and for the safety, the M'eliare,
and the glory of the English nation.
COLONEL BIRCH.
///.? Speech on the Bill fo e.vclude the Dule of York,
affera-ards James II. from the Succession to the
Crown.
Mr. Spea'ker,
SiH, I admire to hear nn honourable member make a
doubt as to the legality of this bill. Certainly, sir, our
legislative power is unbounded, and'we may offer to the
lords, and so to his majesty, A\hat bills we think good.
And it can as little be doubted, that the legislative poAAcr
of the nation, king, lords, and commons, should \\ ant a
law to make la^s. or that any laws shoul<;l be against
what laws they make, otherways they cannot be iegiilly
opposed. And as 1 think it cannot be against law, so
A. D. 1()80:] COLONEL BIRCH, 1$^
neither against conscience, unless it cannot be' made out
that we oiidit in conscience to bring in popery. I siiould
be very glad to licar any arguments to make good wiiat
hath been offered about expedients, but I am afraid
when they come to be exanuned to the bottom, they will
be found very insufficient, and that we may as well
think of catching a lion with a mouse trap, as to secure
ourselves against popery Iw any laws, without the ex-
clusion bill. Have we not to do with a sort of peo[)le
that cannot be bound by any law or contract whatsoever?
Much less can their wordsu or })romises be depended on.
Are they not under all the oblii;ations that can be offered
from the temptations of this life, as of that to cOme,
not to keep faith m ith heretics, but to break it when it
may tend to tiie promoting of the catholic cause ? And
if laws cannot bind other persons, much less w ill it
princes that are of the catholic Veligion ! Did they ever
keep any league or contract tiiat v as made with protes-
tants longer than was necessary in order to cut their
throats? Wiiat use did the pa})ists make in Ireland of
the favours granted them by king Charles I ? Did they
not make use of it to the destruction of the protestants
by rising u]) in rebellion, and massacring 100,000? Sir,
I see things go hard against ])0))erv; I know not what to
say to it, but I am afraid tiiat if we should be so infa-
tuated as to let it Ci^ecp on more and more upon us, and
at last let it ascend the tiironQ again, that we shall soon
have the same miserable fortune our fore-lathers had
in queen Clary's i\-dy>, 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<j^
testant, 1 am resolved to die one; -^.w^ therefore Vvould
not "vviihnglv iiave the hands of our enemies streni!;theii-
ed, as I suppose they %',-ouid be., it" we sliould give niouev
while we are sure it mu<t go to the hand; of tlie tluke s
creatures. Doth not tiie duke's interest endaUijcr the
king'B lifer And are not our lives arjd tbrtunes in danjzer
204 EARL OF CAERNARVOX. [a. D. 16/8.
to be swallowed up by his power? And shall we yet
make them stronger by putting money into their hands ?
No, sir ! they are too strong already ; but whenever his
majesty shall be pleased to free us of tlie danger of a
popish successor, and removt^ from his council and places
of trust, all those that are for his interest j (because there
can be no distinction made between the duke's interest
and popish) then, sir, T will conclude, that what money
we shall give, will be disposed of according to his ma-
jesty's own royal pleasure, and for ttie true protestant
interest. And I shall be ready to give all I have in the
world, if his majesty should have occasion for it j but,
in the mean time, I pray, sir, let us not endeavour to
destroy ourselves, by our own hands. If we may not
be so happy as to better the condition of the nation, 1
pray, sir, let us not make it worse. And, until the king
shall be pleased to give us encouragement to express
our duty and loyalty to him, by giving him money, let
us do it by making an address.
EARL OF CAERNARVOX.
The account of this speech is singular enougli. " Among the speakers
on this occasion was the earl of Caernarvon, who is said never to
have spoken before; but having been heated with wine, and rallied
by the duke of Buckingham on liis never speaking, he said he would
speak that very afternoon ; and this having produced some wager
between them, he v/ent mto the house with a resolution to speak
on any subject that should ofi'er itself. He accordingly stood up,
and delivered himself to the following effect:"
The Earl of Caernarvoris Speech on the Impeachment
of Lord Danhy.
My Lords,
I UNDLRSTAND but little of Latin, but a good deal
of English, imd not a little of the English history r from
A. D. 1680.] LORD SHAFTESBUTIY. 205
\^ hich I have learnt the mischiefs of such kind of pro-
gccutions as these, and the ill fate of the prosecutors.
1 could bring many instances, and those very ancient;
but, my lords, I shall go no further back than the latter
end of queen Elizabeth's reign : at -which time the earl
of Essex was run doun by sir Walter Rawleigh. My
lord Bacon, he ran down sir Walter Rawleigh ; and your
lordships know what became of my lord Bacon. The
duke of Buckingham, he ran down my lord Bacon ; and
your lordships know what happened to the duke of Buck-
ingham. Sir Thomas Wentworth, afterwards earl of
Strafford, ran down the diike of Buckingham ; and you
all know %\ hat became of him. Sir Henry \'ane, he ran
dow n the earl of Strafford ; and your lordships know
what became of sir Henry Vane. Chancellor Hyde,
he ran down sir Henry Vane; and your lordships know
what became of the chancellor. Sir Thomas Osborn,
novv earl of Danby, ran down chancellor Hyde ; but
what will become of the earl of Danby, your lordships
best can tell. But let me see that man that dare run
the earl of Danby do^vn, and we shall soon sec what will
become of him.
[This being pronounced with a remarlcable humour
and tone, the duke of Buckingham, both surprised and
disappointed, after his way, cried out, The man is in-
spired ! and claret has done the business.]
ANTHONY ASHLEY COOPER,
Was born at Winborn, in DorsPtshire, in l521, and died 1(7S3. la
1640, he was chosen member lor 'lewksbury. In l672, he was
created earl of Shatiesbiiry, and appointed lord chancftUnr. 'I'his
office he did not long retain, as he was a man of iiery pci,3:iir;ns, tur-
bulent, violent, and ^elf-willed; and was constantly opposing the
schemes and measures of whatever party be was connected with. Ke
is the person described by Drydf n under the character of Achitophel.
'J here is an instance recorded of his groat sagacity, wliicb carries
the pro}>/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\\i<Q{^
may be taken, whicli would be Ijcst agreed to.
Acting against a man's trust, (says Air. Seijeant Holt,)
is a renunciation ol tlia^ trust. I agree it is a violation
of his trust to act contiary to it, and he is accountable
for that violation to anwer Avhat the trust sutlers out of
liis own estate ; but I deny it to be presently a renunci-
ation of the trust, and that such a one is no longer a trus-
tee.
I beg his pardon if I diflVr from hi?n in oi)inion,
whom 1 acknowledge to ha\e much mor(; h arning in Jiis
profession than I can i)retend unto. I'ut if the law he
as he savsin a private case, tlu.n I mu^t beg ieavt: to
forbear o;iving niv opinion in a case o! tliis pubiii' nature
that is now belore us, tiU 1 know wiiat >ucli 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<T tiic
228 SIR llOBERT IIOWAKD. [a. D. 1688.
public acts that have been done since the king left us, I
may very weH sa^-, Ave think them legally done ; and we
do not doubt, but that power Mhich brought in another
line then upon the vacancy of the throne by the le-
sion of Richard II., is still, according to the constitution,
residing in the lords and commons; and is legally suffi-
cient to supply the vacancy that now is.
That noble lord, indeed, said, that your lordships
might not only a\ ith the commons, advise the prince of
Orange to take upon him the administration, and join
Avith us in the other things; but that vou miijfht have
done it of yourselves, as beinjr, in the absence of the king,
the great council of the nation.
My lords, I shall not say mrich to tliat point; your
lordships' honours and privileges are great, and your
councils very worthy of all reverence and respect.
But I would ask this question of my noble lord that
is here, \\'hetlier, had there been an heir, to whom the
crown had quietly descended in the line of succession,
r,n:l this heir certainly knoAvn, your lordships would
have assembled without his callino;, or would have either
administered the government yourselves, or advised the
IMince of Orange to have taken it upon him : I doubt
you have been (pardon me for saying it) all guilty of
jiigh treason, by the laws of KnglantI, if a kno^v^ suc-
cessor Were in possession of the throne ; as he must be
if the throne were not vacant.
Vrom thence, mv lords, vour lordships see \-liere the
diJHctilty lies in this matter, and Avlience it ariseth ; be-
cause you would not agree the throne to be vacant,
when Me know of none that possess it.
"vV'e know some such thing hath been pretended to, as
an heir male, of v, hich there are different opinions; and
in the mean time, we are without agovei'imient ; and must
we stay till tlie truth of the matter be found out- \\ hat
shall v.e do to preserve our constitution, Mhile Me are
Mithoi't a safe or legal authority to act under the same,
according to that constitution; and in a little time it will
A. D. ]688.] SIK ROBERT HOWARD. 229
perhaps, through the distraction of the times, be utterly
irremediable ?
I do not deny but your lordships have very great
hardships to contlict uitli in such a ease, but what is tiic;
occasion of them P
\Ve all do know tlie monarchy is hereditary; but how,
or what shall we do to iind out ttie successor in the riglit
line ?
You think it will be a difficult thing to go upon the
examination who is heir ; perhaps it will be moj*e dilii-
cult to resolve in this case, than it might be in another.
For though heretofore there have been abdications and
vacancies, it has been where the king has been of the
same religion, of the established worship of the nation ;
and amongst those that pretended to the succession, the
several claimers have been persons, born and bi^ed up
in that religion that was established by law ; or it may
be, there hath been a child in the womb, at the time of
the vacancy.
But then, my lords, there A^ould not be much difficul-
ty to examine, who siiould inherit, or what were iit to bt^
done ; I confess, 1 sav, there are difficulties on all sides, or
else your lordships sure would have spoke out before now;
and, if you had been clear in it yourselves, you would
have let the commons and tiie world have known it.
But it not being clear, must we ab.'.'ays remain tiius ? Use
what words you will, lili up, nominate, or elect, it is the
tiling we are to take care of, and it is high time it were
done.
My lords, there is no such consequence to be drawn
from this vote, as an intention, or likelihood, of alter-
ing the course of tiie government, so as to make it elec-
tive. 'Jlie throne hath all along descentied in an iiere-
ditary succession i the main constitution hath been {)rc-
scrved.
'J'he precedent of ilcnrv I\'. is not like that of elec-
tions in otiier countries; and 1 a:n sorry there sliouM
he an occasion for v.hat is necesbarv to be douu iio\^-.
250 SIR ROBERT HOWARD. [a. D. l6S3i
But M'hcn such difficulties arc upon the nation, as we
cannot extricate ourselves out of, by fixing who is the
lineal successor ; your lordships, I hope, will give us
leave to remember, Salus populi est suprema Le.v.
And if neither you nor we can do any thing in this
case, then we, who are not under the notion of an as-
sembly, or convention of the states, have met to no pur-
pose : for, after we have voted ourselves to be without
a government, (\a hich looks as if something were really
intended as for a settlement,) all presently sinks, and we
are as much in the dark as we were before.
And, my lords, I pray give me leave to say one thing
more : Your lordships say, you will never make a pre-
cedent of election, or take upon you to alter the success
sion.
With your lordships" favour, the settlement of the con-
stitution is the main thing we are to look after. If you
provide for the supply of the defect there, that point of
the succession will, without all question, in the same me-
thod, and at the same time, be surely provided for.
But, my lords, you will do well to consider. Have
not you yourselves already limited the very succession,
and cut off some that mii^ht have a lineal rio;ht ? Have
you not concurred with us in our vote. That it is in-
consistent with our religion and our laws, to have a pa-
pist to reign over us ? Must we not come then to an
election, if the next heir be a papist? Nay, suppose
there were no prptesiant heir at all to be found, would
not your lordships then break the line.''
But your lordsliips' vote is inconsistent; you do sup-
pose a case of the greatest consequence that can be, may
happen; and, if tJiat should happen to be our case,
that the m hole protestant line should fall, would not that
iiecessitate an election? or else we must subuiit to tliat
which Mcre inconsistent m ith our religion and laws.
if your lord>-;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<iy reducing
C52 WILLIAM III. [a. D. 1690.
of that kingdom, I continue my resolution of going thi-
ther as soon as may be ; and I have now called you
togetlier for your assistance to enable me to prose-
cute the war with speed and vigour \ in which I assure
myself of your cheerful concurrence, being a vvork so
necessary for your own safeties.
In order to this, I desire you will forthwith make a
settlement of the revenue ; and I cannot doubt but you
will therein have as much regard for the honour and
dignity of the monarchy in my hands, as has been lately
shewed to others ; and I have so great a confidence in
you, that if no quicker or more convenient way can be
found, for the raising of ready money, (without Avhich
the service cannot be performed,) I shall.be very well con-
tent for the present, to have it made such a fund of credit
as may be useful to yourselves, as well as to me, in this
conjuncture; not having the least apprehensions, but that
you V ill provide for the taking oft" all such anticipations
as it shall happen to fall under,
It is sufficiently known how earnestly I have endea-
voured to extinguish (or at least compose) all differences
amongst my subjects ; and to that end how often I have
recommended an act of indemnity to the last parlia-
ment ; but since that part of it which related to the
preventing of private suits is already enacted, and be-
cause debates of that nature must take up more of vour
time than can now be spared from the di.^pateh of tho-e
other things which are absolutely necessary for our com-
mon safety, I iulcnd to send you an act of grace, with
such exceptions of some few perscns only, as mav be
sufficient to shew my great dislike of their crime.-^, and,
at the same time, m\ readiness to extend protection to
al! uiv ether subjects ; who will therebv see that they can
rrc( iiuricnd then:sclvcs to me bv no other methods
th:;ri \\iiat the ia\'.s prescribe, Avhich shall ahsays be the
only rule of uiv 'XGvcrnn]>':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<T that many ships going
lor France laden with corn were cast away, though
those ships, aad many more, are safely arrived in France;
but it was such a real storm as on the 7tii of the last
month, destroyed on the coast of (Jorn^vall upwards of
seventy sail of our English ships, most of wiiich uerc
laden with corn, and several sorts of provisions, for. the
use of our Dutch aljies, to enable them to live cheap, by
making the same dear at home : perhaps some was for
the support of our half-starved, and unpaid English sol-
diers, now in Flanders; M'hen perished, likewise, more
than seven hundred sailors, who have left a great many
widows, children, and poor relations, to curse our con-
duct at sea, the cause of this calamity. In such a dread-
ful storm it \\as, (that the Ibrcsaid ship was in,) v.heii
the good commander seeing the danger, and apprehend-
ing death, desired his crew to assist with resolution, and
preserve theni>-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<x in the midst of
our senate, ruefiillv looking round about her, covering"
herself Avith her royal garment, atteiuhng the fatal bIov.\,
and breathing out her last Avith an Et tti qunquc in'rfifi.
A.'r>. 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 f<jrtune.
Shall not we then argue for tliat which oiu' progenitors
iiave purchased for us at so dear a rate, and with so
much inunortal hop.our and Lfloiy ? Crod forbid ; shall
the hazard of a father unbind the ligaments of a dumb
son's tongue, anJ s.hall we hold our peace Mhrn our
pafr'ia is in danger? I speak this, my lord, that I niav
encourage everv iuiH\'idual member of tins house h*
s|)eak their mind fnely ; there are manv wi-e aii^i pru-
dent men amongst iis, who think it not worth their
while to open their mo'.ilhs ; there are others, who can
-peak very well, and to good 'purpose, who shelter them-
.^^elves under the shanii'lui eioak of ^ikncc iVoin v. f^ir
!^^4 LORD BELlIAVl:N\ [a. t). IjOS,
of tlie frowns of great men and parties. I have ob-
served, my lord, by my experience, the greatest number
of speakers in tl>e 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 in<j;ra-
titudc, be unconcerned ibr the best of queens ; a queen
who heaped upon me honours and prefennents, tiiough I
iie\ er asked for them : and therefore I thuik mvself m\-
A. D. 1/15.] s;ia THOMAS HANMtR. 263
(Icr an obligation to vindicate her memory, and the
measures she pursued, Avith my dying breath. '
J\ly lords, it" ministers of state, acting by the imme-
diate commands of their sovereign, arc after\\ ards to be
made accountable for their proceedings, it may, one
day or other, be tlie case of all the members of this au-
gust assembly; I don't doubt, therefore, that out of re-
gard to yourselves, your lordships uill give me an
equitable hearing; and I hope that, in the prosecution of
this inquiry, it will aj^pear that I have merited not only
the indulgence, but likewise the favour of the govern-
ment.
My lords, I am now to take my leave of your lord-
ships, and of this honourable house, perhaps for ever.
I shall lay dow n my life with pleasure, in a cause fa-
voured by mv late dear royal mistress : and when I con-
sider that I am to be judged by the justice, lionour, and
virtue of my peers, I shall acquiesce, and retire ^ith
great content. And, my lords, God's will be done.
SIR THOMAS IIANMER,
(Member for Suffolk,)
Was born in 1676 ; ho was cho?on speaker of the house of commons
in 1713, and died in 17-i^. lie published an edition of Shakes-
peare. He was a very re>j>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, th<?rc, if the government is willing to be at the
(.harge. tiit-y may keep the numbers up to what they
A.li. 1717.] SIR THOMAS IIANMER. 73
})lcase, and it iS impossible to know when the parlia-
mentary standard is exceeded, and when not. Thu*
therefore stands our account : In the first place the
public is to pay eighteen thousand men ; in the next
place the number ofelFcctive men is to be sixteen thou-
sand three hundred forty-seven, and if those are not suffi-
cient to exercise dominion over us, yet in the manner
they are kept together, they are equivalent to twenty-
five thousand men ; the charge is inconsiderably less,
and the terror, \vhich is the main tiling, is not at all
abated.
For the taking this dangerous step, the only justifiea-
tion I hear gentlemen offer for themselves;, the only shel-
ter they fly to, is the great confidence wliich is to be re-
posed in his majestys just and gracious intentions. Of
tliose I will entertain no doubt ; I believe his majesty is
too good to be suspected of any arbitrary designs. Ijut
yet there is a general suspicion which I will never be
ashamed or afraid to own, because it is a suspicion inter-
woven in our constitution ; it is a suspicion upon which
our laws, our parliyinent, and every part of our govern-
ment is founded ; u hich is, that too much pov.'er lodged
in the crown, abstracting from the person that wears it,
M'ill at some time or other be abused in the exercise of
it, anil Ciin never lono consist ^\ ith the natural rights and
liberties of mankind. And therefore, whatever opinions
we have of his majestv's goodness, and how nuich soever
he deserves them, we should still considei', that in this
place we are under a distinct duty to our countrv; and
by tliHt duty we should be as incapable of giving up such
an unwarrantable trust, as his mnjestv, I am jiersuadcd,
Mould be iucHpable of abusing it, if he had it in his hands.
Tliose \ve represent ^ill expect, and they ought to ex-
pect horn us, that they should not only conliuue to en
joy what beloiu^s to ihem as Englishmen, but that they
>hould 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/<iould have been no-
thing more than I was, at a time when I little thought of
being any thing lower, and I can give an instance of this
kind if I tliought proper.
Was money my aini ? 1 always despised it, too much
perhaps, considering what occasion I am now like to
have for it ; for out lof a poor bishoprick of five hundred
pounds per annum, I have laid out no less than two
thousand pounds towards the repairs of the church and
episcopal palace ; nor did 1 take one shilling for dilapi-
dations ; and the rest of my little income has been spent
as is necessary, as I am a bishop. Nor do I repent of
these expences now, (though since my long confinement
1 have not received the least part of the income of my
deanery) not doubting in the least, but that God who
liath liberally provided for me hitherto, will still do it;
and on his good providence I securely rely.
Was I influenced by any dislike of the established
religion, and secretly inclined towards a church of izreater
ponip and power } I have, my lords, ever since I knew
what popery was, opposed it, and the better 1 knew it,
the more I disliked it.
1 begun my study in divinity, A\hen the popish contro-
versy grew hot about that iuimortal book of lillotson's,
when he undertook the defence of the protestant cause
in general, and as sucii I esteemed him above all.
\ ou will pardon me, my lords, if I mention one
thing :
Thirtv years ago I writ in defence of Martin Luther,
and have preached an<l writ to that purpose from my
infancy ; and w hate\er happens to me, I will suffer any
thing, and ^ill, by Gods grace, burn at the stake, rather
than depart from any material point of the protestant
religion^ as professed in the church of England.
2S0 BISHOP OF ROCHESTER. [a. D. 1723.
Once more : Can I be supposed to favour arbitrary
power ? The whole tenor of my life bath been otherwise :
I was always a friend of the liberty of the subject, and,
to the best of my power constantly maintained it : I may
have been thought mistaken in the measures I took to
support it.
It matters not by what party I was called, so my ac-
tions are uniform.
To return to the point : The charge brought against
n.e, in the manner it is brought, is improbable : If I could
be guilty of it, I must have acted under a spirit of infatu-
ation; yet I have never been .thought an ideot or a
madman.
My lords, as to the pains and penalties contained in
this hill, they are gi-eat and grievous, beyond example in
their nature and direction.
I am here, my lords, and have been here expecting an
immediate trial. 1 have, my lords, decHned no impeach-
ment. I'he correspondence with the eail of Clarendon
was made treason, but with me it is only felony ; vet he
was alloA\ ed the conversation of his children, by tlie ex-
press word of the act : mine ^re not so much as to write,
so much as to he sent to me.
What is niost particular in my case I will repeat dis-
t'mctly, that my reverend brethren may hear it. I am
rendered incapable of using or o^ercisinfj any office.,
function, authority, or power ecclesiastical, not only in
]ps majesty's dominions, but any where else: Aery hard \
that such s))iritual power as is not derived from nien, but
God liimsilf, should be taken from me.
And 1 am not only deprived of all ofiices, dignities,
and benefices ecclesiastical, and for ever banished the
realm, but likewise precluded from the benefit of royal
clemency, and made utterly incapable of any pardon by
his majesty, his heirs and successors.
My loids, I insist on my innocence,, that I am not
guilty ; and if I am not proved so, your lordships will
A. D. 1723.] BISHOP or ROCHESTER. 281
thus judge ; if othen\ise, I persuade myself I shall find
some degiee of mercy.
You will not strip a man of his substance, and then
{^end him where he cannot subsist ; you w ill not send him
among strangers, and then hinder others from perform-
ing humanity to him ; you will not give him less time to
order his aftkirs and depart the kingdom, than the bill
hath taken in passing through both iiouses.
The great man I last mentioned, carried a great for-
tune with him into foreign parts, and bad the languages ;
was well acquainted abroad : the reverse of all this is
my case ; I indeed am like him in nothing but his inno-
cence, and his punishment. It is in no man s power to
make us ditler in the one, but it is in your lordships'
power to make us differ widely in the other, and 1 hope
your lordships will do it.
But to suni up the argument ; It hath been frequently
observed, tliat the hiijher the crimes are, the fuller the
proofs ought to be. Here is a charge of high treason
brought against me, with no evidence at all.
My lords, pardon me, what is not evidence at law,
pan never be made so by any power on earth ; for the
law that required the evidence, is as much the law of
the land, as that Avhich declares the crime.
It is equally unjust to declare any proof legal, because
f)f my prosecution : As extraordinary would it l)e, to
declare i^cts themselves, c.r post facto.
Never was there a charge of so high a nature, and so
weakly proved.
A person dead, so that there is not an opportunitv to
falsify him by contradicting him ; a charge not supported
bv one evidence, nor by one proof of any thing that
hath been writ or received by me, nor even by any c)ne
criminal word proved to have been spoken by me ; but
by intercepted letters and correspondence, in which ap-
pears not the least certainty.
Some of those letters, shown to persons, ^^ ith a de-
rign to fasten something on them ; others writ in cyphc rs,
2S2 BISHOP OF ttOGHESTER. [a, T). 179,3.
and fictitious names, throwing out dark and abstruse?
hints of M'hat persons m ent by those names, sometimes
tiTie and sometimes doubtful, and often false, who con-
tinue all the while strangers to the whole transaction,
and never make the discovery, till they feel and find it
advancing itself towards them : My lords, this is my
case in short.
1 have a hard task to prove my innocence : Shall I
stand convicted before your lordships on such an evi-r
d^nce as this ? The hearsay of an hearsay ; a party
dead, and that denied -what he said ; by strange and ob-
scure passages, and fictitious names in letters ; by the
conjecture of decypherers, without any opportunity given
me of examining and looking into the decyphering ; by the
depositions of post office clerks about tlie similitude of
hands ; their depositions made at distant times, and with-
out comparing any one of the o/iginals, and by a strange
interpretation of tliem : for nothing more, J am per^
suaded, can be made of the arguments, than what is
called the intercepted correspondence.
Sliall I, my lords, be deprived of all that is dear to
me, and, in the circumstances I am in, scarce able to
bear up, and by such an evidence as would not be ad-
mitted in any other cau:5C or any other court; and woyld
hardly affect a Jew in the inquisition of Spain ?
And shall it be received against a bishop of this
church, and a member of this house ? God forbid.
Give me leave to make mention of a text in holv \vrit :
" Against an elder receive not an accusation, but before
two or three witnesses." It is not said, condemn him not
upon an accusation, &c. but, receive it not , I am some-
thing more than an elder; and shall an accusation against
me be countenanced, without any one instance of a proof
to support it.
This is not directly matter of ecclesiastical constitu-
tion : there you read, one witness should not rise up
against an elder ; but here, at the mouth of two a\ it-
ncsses, or three witnesses, shall the matter be estab-
A. D. 1723.] BISHOP OF ROCIIESTKB. 285
lislicd. And as this rule was translated in the state of
the church, people ahvays thought fit to follow it.
Shall 1 be the first bishop in this church condemned
upon conjecture, on fictitious names apd ohscure pas-
images in letters, instead of two or three witnesses ?
Will not others endeavour to make tiie same prece-
dent, and desire the same influence of it to succecdint;
ages, and even concur in such an act, in order to ren-
der me incapable of usinu or exercising any power or
HUtiiority, (Sec? Is this good (ii\ inity, or g(KM.l policy ?
As to the Justice of the legislature, in some respects
it hath a greater power than the sovereign legi'^lature of
the universe ; for he can do nothing unjust. But tliougli
there are no limits to be set to a parliament^ yet tliey
are generally tJiought to restrain tiiemselves, to guide
their proceedings in criminal cases, according to the
known law.
The parliament may order a criminal to be tortured ;
who can say they cannot ? but they never did, nor never
Mill, I hope, because torture, though used in other
countries, is not known here.
Is it not torturing to indict pains and penalties on per-
sons not suspected of guilt, nor plainly proved guilty ?
It is not much unlike it. The parliament may, if tiiey
please, as well upon a bill of })er])etual imprisonment,
as upon a bill of perpetual exile, I'eseive to the crown a
power to determine the one as well as the other. They
have so enacted it in the oi^e case, Uit they have not
enacted it in the other. Tlie law knows notliing of sucii
aUsolute perpetual imprisonments.
The law niay, in like mant>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 <irst attached himself to tlie Pretender,
when he was abroad and quite a young man. -He then returned
home and made his peace with government. After this he be-
came a violent oppositionist ; and having at length reduced his
fortune by his extravagance, he went abroad again, where he
once more attached himself to the Pretender, and died 1731. He
is represented as a man of talents by Pope, who has giv en hira
a niche iu one of his satires.
AiD. 1723.] DUKE OF AVHARTOV. 289
The Duke vf JVltartoiis Speech on the Mti tiny Bill.
Tirouoii he was sensible whatever he could off(M'
would have but little weight, nevertheless, as tJie matter
under debute was of tlic last inriportance, and highly
concerned the tiuidamental constitution, lie thought it
incumbent upon hini, as a member of that august as-
sembly, to deliver his opinion; hoping, that any mis-
t;ake he might counnit would be excused upon account
of his want of exj^jerience : I'hat he m ondered the noble
peer who spoke last should suggest, that without the ad-
ditional troops raised last year, a body of 3000 men
could not be drawn together; that he might easily be
contradicted, since, before the raising of those troops.
Me had seen near the capital of the kingdom, a camp
of between 3 and 4000 men, consisting onlv of the
king's guards, which Mas sufficient to secure the govern-
ment against any sudden attempt: That he thouglit it no
less strange, that in an affair of so great hnportance, and
in the supreme council of the realm, anv mention sliould
be made of the o])inion of eifcmies; that by this, he
supposed. Mere meant the abstracts of some intercept-
ed letters, and anonymous intelligence, that Mere
j)rinte(l last vear; on Miiich lie tl. ought no stress ouglit
to be laid, l)ut rather be looked u])on as the emptv iina-
ginations of disaffected j)ersoa]s, mIio through the natu-
ral propensity of all men to- believe Mhat they Mish for,
easily decei\e themseK"s, and fondly entertain Mith vain
hopes, those they endeavour to enjag<,' in their cause :
'Jliat considering the present great tuinquiilitv at home,
and the happy situation of affairs abroad, there seemed
to be no occa.^iou lor keeping up so great a number of
forces: Tiiat hv his majesty's coiuicils. and pOMcrfuI in-
tluence. a ^eiiciai peace \vas (si.ibiish.ed in luuope,
uhich, ia iill iij)pearanee. Mould last many years: 'i'hat
some aecid(M)is m hicii, it Mas feared. niii>;!,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 ad<lressing his majesty
proposed by lue noble member who s})oke tirs.t, bcciiiu.^f ,
a'^.]7'3\.] sir w. U'ykdham. 597
thousih every thing may now be well settled upon a solid
and "lusting foundation, yet T cannot think that our
conduct has in every respect heen right, or that tluf
interest of tliis nation has been by his majesty's ministers
principally and steadily pursued. At ' one time v. e
were heightened out of our wits witli apprehensions. that
the pretender was to be puti'.jwn u;?, and that without
any reason for all that I have yet seen or lieard upon
the subject. Then Don Carlos was made such a giant
oti that he, that infant, was to swallow u]) and de;itro\''
all the |)OVvers of Kurqpe j and at tljjat time we sued
to France for. an alliaiice, and besought their assist-
ance, by which we put it in their power to conmieiiec
a war whenever tiiey pleased ; and if they had not
heen more taken up with whims and 'disi)utes ahout
religion than any wise nation ought to bo, tlicy Avould
certainly have involved us in a ^var in conjunction
with them, and thereby would have 'made us assist
tliem in recovering all that they had lost by the two
last wars, the taking of which from them had cost us
so much blood and treasure. Some time after, we
shook off all fears of the pretender, Don Carlos was
again diminished to an ordinary size, and then we
began to bully France as much as we had courted it
before. Such conduct cannot appear to me to bt;
nnht j at least, it does not appear to be steady and
uniform. Upon the other hand, it must be said of
the imperial court, tiiat tliey nave acted with steadi-
ness and prudence ; they have firmly adhered to tlic
proper interest of their iiative country, and have steadilv
pursued the aim they Uvid in vi -.v, tinough all the dh-r
ferent ^ha[ies in which die ah'airs of Europe have i:)cerii
put within these fewyc-ais; and by this tiriuness and
resolution they ha\e at last brought us to their o,\n
terms, and have acccraipii^hed their designs, notwith-t
.^tandinij tiie conjunction and. alliance of so manv for-
midable powers against them , wherca:. we have been
y>bliged, 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<er would be, That he would de-
sire us to vote for the bill now before us. I do not doubt,
but tliat he would be for diminishing his majesty's power
of rewarding those who should happen to merit well of
their country, by a zealous and hearty opposition to him
and his faction. I hope, my lords, that there will always
be men of honour and integrity enough in this country to
defend us against that faction, or any faction, without
the hopes or expectation of a reward ; but if it should
be found necessary for our defence, to give rewards to
many of those who assisted in the protecting of the go-
vernment against faction, I would rather cliuse that the
government should have it in its power to give rewards
to those that contributed to tlie preserving of us, than
that the factious should have it in their power to give re-
wards to those that assisted them in the destroying of us.
The methods proposed by the bill now before us, are so
far from being proper methods for preventing bribery
and corruption, that I am afraid they will give such an
encouragement to faction, as may lead us into confusion ;
and therefore I shall be for rejecting the bill. As this
bill is the very same with that which w as refused by your
lordships tlie last session of parliament, I am convinced
that the same reasons which prevailed against it last ses-
sion, will now like\\ise prevail against it ; for my own
part at least, I am sure, that there is nothing since hap-
pened, that can afford me the least pretence for bein^j
vt a dillcrent opinion.
50Q . ZARL OF STRAFFORD, f A , D. 17^1.
EARL OF STRAFFORD.
can find no particular account of the author of this speech, though
I suppose he was a descendant of the great lord Straftbrd, A noble
line seldom furijishcs mor^ than one great name. The succeeding
branches seldom add any thing to the illustriousness of the stock,
and are so far from keeping up the name, that they are lost in
it. However I do not discover any marks of degeneracy in the
present instance : one may trace a sort of family like;iess iu the
sentiments ; the pedigree of the mind seems to have been well
kept up. There is a nobilit\' of soul as well as of blood; and the
feelings of humanity so closely and beautifully expressed in the
conclusion of this speech, are such as we should expect from the
cultivated desce^idant of '' a nian of honour and a pavalier."
The Earl of Strafford's Speech on the Mutiny Bilk
]\Iy Lords,
It is certainly very necessary for us upon occasion of
this bill, to take the army under our consideration, and
to determine what number of troops ought to^be kept up;
because, my lords, this is the only opportunity we ca^
have of reducing the number allowed of, in case avc hap-
pen to think it too great ; and in case this bill goes the
length of a committee, I shall then take the liberty to
declare my sentiments upon that head. But, my lords,
I now rise up to declare, that I am entirely against this
bill, or any mutiny bill; because I always looked upon
it, as setting up a constitution \vithin a constitution ; or
rather, indeed, it is the turning of our civil government
into a military government. This, 'tis true, ray lords,
we may do by a \'d.\\^ and that law when passed will be
a part of our constitution; yet I hope it will not be said,^
that such an extraordinary law \\ ould make no alteration
in our constitution. I cannot be of opinion, tliat the;
Jceeping up of any regular troops in this kingdom is abn
A. D. 1731.] EARL OF STRAFFORlt. 301
solutely necessary ; but granting that it were, I am cer-
tain, that hi order to keep such troops under pro{)er
discipline, it is not absolutely necessary to have a la%v
against mutiny and desertion. I had, my lords, the ho-
nour to connnand a regiment of dragoons in the reijin of
king AVilliam, which was given to me at the time of
the siege of Namur ; and 1 very well remember, that
there was not at that time in Enghmd any such law, a^
wfeat is now by this bill to be enacted. We had then no
such thing as mutiny bills yearly brought in, nor any
such bill passed into a law, and yet in those days, we
found means to keep our regiments in good order enough;
and I believe there was as exact discipline observed in
the regiments then quartered in England, as has been
observed at any time since. If any of the soldiers com-
mitted any crime, they W-eresure to be punished ; but
then they were punished according to the ancient laws
of the kingdom. The officers took care to deliver them
up to the civil })ower, and to see thcui convicted and pu-
nished as severely as the laws of their country would
admit of; which we alwuys found was sufficient tor keep-
ins the men in wood order, and for makinii them observe
the most exact disciphne.
If I were to enter into a particular examination of
this bill, I could make strong objections against several
clauses thereof; I shall only mention that of desertion :
how unnecessary, how cruel U it, now in time of peace,
to punish that crime with deatii! In the time of war,
such a severe punishment was necessary ; it was then
just to punish it with death, because tiie deserters were
generally at the same time guiltv of the most heinous
^treachery ; they generally ran in to ttie enemv, and
turned those arms against their countrv, v/.hich th.eir
country had put into their hands for lis defer.ce. But
now in time of peac<.', desertion has nothing in it of such
a heinous nature ; if a {ioor fellow deserts, he runs but
from one of our own regiments to another; and the-
cruel treatment h^ jnef^ts? nith from i^oine of the ofliceir,
302 EAftL OF STRAFFORD. [a.T>..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 d<s'igu-
edly put upon the revolution ; and I am sure, it never
could have met with so nuich contempt from any thing
hut from a spirit of jacobitism still subsistiuo in tiic
country, which can never be destroyed l)ut bv taking
awav from them all liopes of success ; and this can only
he done by keeping up an army suiiicient to defend us
uu'ainst their utmost etl'oris.
vol.. I.
'o06
MR. SHIPPEN.
[a. d. 1731
MR. SHIPPEN.
His Speech on the Army.
Mr. Speaker,
I SEE this question in the same light with tliose gentle-
men who are of opinion that the determination of it will
shew the people of Great Britain, whether they are to
enjoy their civil constitution with all its rights and pri-
vileges, or to endure a military government, with all
its inconveniences and oppressions.
However harsh this assertion may sound, it is so well
founded, that if we cannot now hope for a reduction of
the army, we may for ever despair of it For this is
tlie conjuncture, this is the crisis, when the people of
Great Britain may with reason and justice expect, I had
almost said demand, an exemption from every unneces-
sary tax ; and as none is more grievous at all times, so none
seems to be more unnecessary at this time, than that
which is occasioned by maintaining an extraordinary
number of land forces. Such an exemption must be ac-
ceptable to his Majesty, who hath been most graciously
pleased to open this session with declaring, "That it is a
pleasure to him to give ease to his subjects, whenever the
welfare of the public will admit of it."
Sir, there can be no doubt, but tlie welfare of the
public will now admit of reducing our cxpcnces on the
liead of the army : for we have the same royal assur-
ance that the general tranquillity of Europe is fully re-
stored and established; that all the jarring and contend-
ing powers are united, all the different views of interest
and ambition reconciled by his ]Majesty's extensive in-
fluence, and consummate wisdom; that the wounds
which have been so long bleeding, are intirely cured by
A. D. 1731.] Mil. SHIPPED. 307
his liealing hand ; that peace and good harmony are re-
turned together ; that tiie duty and affection of his sub-
jects are all he desires for his paternal love and con-
cern for them ; tiiat his government has no other security
but what is equally conducive to their happiness.
Tiiis is the situation which his majesty promises him-
self, v.iil inspire us with such a seasonable zeal for the
public good, as becomes a pai'liament sensible f the
i)lessings they enjoy , and imagination cannot form a
more pleasing idea, a more perfect plan of national pros-
perity, than what is here described ; nor could a good
and gracious prince bring better tidings, or communi-
cate more welcome news from the throne, to a tree
people.
Since, then, his Majesty has so gloriously performed
liis part, let us not be wanting on ours. Let us take
the earliest opportunity of convincing those we represent
that they are immediately to reap the fruit of his royal
labours, and that all their grievances \v\\\ be gradually
redressed. Let us begin ^vith reducing the army, and mak-
ing them sensible that it is not intended they should any
longer bear the burthen and inconveniences of war, in a
day of profound jjeace and universal tranquillity.
If we fail in this Lii'cat point the people, who did not
resign their understandings when they delegated their
pow er to us, know tlicy have a right to judge for them-
selves. Tliey will not be imposed upon by appear-
ances. They will be n})t, notuilhstanding all tiie hne
^\ orJs they hear and all the tine speeches thev read, to
call this boasted success, these promised blessings, no
niore tlian a mere delusion, a golden dream, a chimeri-
cal and visiunarv scene of happiness.
I wiih, therelote, tiie honourable person who moved
this question, and th;' other gentlemen who liave been his
coadjutors in the sujiport of it, had been <i little more ex-
plicit. I wish, instead iA amusing tlie conriuittee with a
iletail of the various reductions of our forces from' the
Ticatv of Rvsv.jckdo.vn to this dav, and assi^niuir vvron{
X 'J
308 MR. SIIIPPEN-. [a. D. 1731.
causes and consequences to each of those reductions ;
instead ot assuring us, that to their own private know-
ledge, the officers of the army had frecjucntly, on extra-
ordinary occasions, assisted the civil magistrates in the
execution of their duty ; instead of reviving the old ex-
ploded argument of disaffection and jacoijitism, I wish,
insttiad of rambling so widely from the point in debate,
they would have dealt more candidly w ith their audi-
ence, and told us plainly, whether they thhik a standing
land force will always be necessary to preserve and se-
cure our i)resent happy settlement; or whether they
think the civil constitution of this kingdom so weakly
and so imperfectly framed, as to want something of the
military power to strengthen and sustain it. If they en-
tertain the first of these notions, they must give me leave
to take notice, that such an insinuation is unjust, and the
argument odious ; since it is a very gross reflection on
our present happy settlement, which is founded on the
principles of liberty : and v\ hich you know, sir, was in-
tended to rectify all the errors and to reform all the
abuses of preceding reigns. I say, it is a gross reflec-
tion on our present settlement to suppose, that his ma-
jesty cannot wear his crown with safety, but by bur-
thening the nation witii the constant charge of maintain-
ing near eigiiteen tliousand men, but by establishing a
force which w ill perpetually interfere m ith the liberty of
liis subjects, and consecjuentlv. shake the foundation of
his throne, ior, however ciiangeable the counsels and
actions of niinislers may be, tlie nature of things is per-
manent ; and it is imj)ossibie that what has been tlie
constant, the certain cause of destruction to other go-
vernments, should by any new schemes, by any refine-
ments in politics, be made the sole, or at least the chief,
security of his majesty's crow n, 'Tis true, indeed, that
the j^arlianient lias of kite vcars consented to keep up an
extraordhiary number of troops in time of peace, for
reasons better known to tho're who gave their consent,
tiian to nic who opposed tiiem when they did sO. But
A.D. >731.] 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 stan<ling army, I find, is represented by
some gentlemen ^\ ho have spoke upon the other side of
the question, as not to be depended on even by the king,
whose service they are in. I grant that an arniy of Bri-
.tish subjects, whatever Avay kept up or modelled, is not
to be trusted to l>y 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 nei<rhbours bv the number of regu-
lar troops they can brmg into the held : tiie number, or
even the bravery of any militia, is not now much re-
garded, and therefore the influence and the credit that
every state in Europe has, or can expect in the pubhc
negociations thereof, depends entirely upon the number
of regular troops they can command upon any emer-
gency. We must therefore conclude, that if we reduce
-the number of our forces, our influence abroad will
decrease ; our enemies will begin to imagine, that they
may catch gi^eat advantages of us, or at least of our
allies, before we can be in a condition to aftord any con-
siderable assistance to our friends, or do any great in-
jury to them ; upon which account I cannot think it pru-
dent to make any great reduction of our annv, before
the treaties we have made for estublisiiing the tranquil-
lity of Europe arc fully and absolutely secured, by such
alliances as make the execution of what we have stipu-
lated and agreed u})on certain and indisputable.
IJut even as to our security at home, I do not think,
sir, tliat it can bear any reduction at })resent; we do not
know what sudden and unexpected attempts may be
made upon us. Xotwhhstunding the great army wc have,
as is pretended, at present, it is certain that we could
not in several weeks time bring 5000 men of regular
forces together in any part of the island, for o})posing any
iiu'asion that may happen to be made upon us, without
stripping our capital and leaving it without anv defence
iiu;ainst its open or secret enemies. Those who tell us,
that there Avere no move than 7000 men in Euiiland
3i4 SIR ROBERT WALPOLE. [a^D. 1731.
daiing tlie course of the late 'ivar, forget that we had at
that time 4000 or 5000 men in Scotland, and had all
a]on;2: a great ai'my abroad at our command, which we
could bring over when we pleased, and did actually
bring over 1 0,000 men from Flanders, immediately upon
the tirst certain accounts we had that the French de-
signed an invasion in Scotland ; which made tlgie number
of regular forces tlien in the island above 20,000 ; and
shews that we were very far from relying upon the 7000
men we then had in Esgland, for our sole defence in
the time of danger. Besides, we ought to consider that
the king of Fraiice was then ^vhoUy taken up in defend-
ing his own territories, and settling his son in the posses-
sion of the Spanish monarchy ; he had not time to think
of the Pretender, nor couW he spare any troops for mak-
ing an invasion upon us.
Whereas, should that nation or any other begin now
to have a quarrel m ith us, the first thing they would
probably do, would be to endeavour to steal in tlie Pre-
tender upon us with a good body of regular troops:
which attempt they ^\ ill always be the more ready to
make, the few er regular foi'ce& we have at home to op-
pose them. We have now no army abroad at our com-
mand ; our allies might perhaps have no more than
were absolutely necessary for the defence of their own
territories ; and though they had, we know what a tedious
affair it is, before they can be brought over to our as-
sistance : we cannot, therefore, properly put our trust
in any but those \vhich we have within the island -, and
tho number proposed is the smallest we can trust to, till
the affairs of Europe be so settled, as tliat we can be in
no danger of an attack.
I must take notice, sir, that all those who arc profess-
ed enemies tc. our constitution and to the protestant
succession, exclaim loudly against a standing army :
there is not, I believe, a Jacobite in the land, but v\ hat
appears strenuojisly against the keeping up so great a
number of regular forces. I must, sir, upon this occa-
A. D. 1731,] SIR ROBERT WALPOtE, 315
sion, acquaint you with a story that happened to me the
otlier day. SoinQ bills having been lately sent over from
Ireland for his majesty's approbation, and aniong'theni
one against the papists of that kingdom ; counsel were
admitted to be heard for and against the bill. In arguiiig
of this matter, it 'happened that the counsel for the pa-
pists had occasion to refer to the articles of Linierick,
and therefore wanted them to be read ; but there being
no copy of them then at the council board, their solicitor,
who was a papist, puUctl a little book out of his pocket,
and from thence read the articles. I supposed that tliis
little book was his rude meaaiu and tliercforc I desired
to look upon it, and found that it contiiined those arti-
cles of Limerick ; the French king s declaration against
the states of Holland in the yeai' 1701, and tlu-ec argu-
ments against a standing army : from ^^hence I conclud-
ed, that this solicitor was a notable holder forth in
coffee houses again.st the pernicious consequences of a
standing army ; and I do not doubt, but that if he were
a member of this house, he would be one of the keenest
among us against the present question : for Avhich rea-
son, sir, I shall dorv in bcini: one of those that are
tor It.
316 WILLIA3I PULTENEV. [a.D. 1731.
AMLIJAM PULTENEY,
(Jfterrcards Earl of Bath,)
Was barn l6S2, and flicd 17^4. He was th* bitterest opponent Sir
Rolx^rt Walpole ever had, (which is said to have arisen from some
ditlerencc between them at the outset of their political career) and
he at length succeeded in driving him from liis situation. He was
member for Heydon, in Yorkshire. He lost all the popidarity he
had gained by his long opposition to the ministerial party, when
he was made a peer, and sunk into obscurity and contempt. 1
think the following is the best of his speeches. He was, however,
in general, a very able speaker. The stile of his speeches is par-
ticularlv good, and exactly fitted to produce an eflect on a mixed
audience. His sentences are short, direct, pointed : yet full and
explicit, abounding in repetitions of the same leading phrase or
idea, whenever this had a tendency to rivet the impression
more strongly in the mind of the heaier. or to prevent the slight-
est obscurity or doubt. He also know perfectly well how to avail
himself of the resources conta,inrd in the stately signiticance, and
t'ross familiarity of the dialect of the house of commons. To talk
jn the character of a great parliamentary leader, to assume the
ense of the house, to afi"ect the extensive views and disinter-
ested feelings that belong to a great permanent body, and to de-
scend in a moment to all the pcrtness and scurrility, the conceit
and self-importance of a factious biilly, are among the great arts
of parliamentary speaking. Dogmatical assum])tions, conse-
quential airs, and big words, are what convince and ovitrawe the
generalit^ of hearers, who always judge of others Ity their preten-
sions, and feel the greatest confidence in those who have the least
doubt about themselves. Thereis also in tliis gentleman's speeches,
a character, which indeed they hud in common with mo>t 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<h he w ould
give us his thoughts upon that subject; I am {ure tliere
.A. D. 1732.] LORD JiATUUKST. 3&1
is nothing he can offer but what will be well received and
readily agreed to. As to the expence of keeping our
militia under a proper discipline, I do not thhik that it
is of any consideration in the present question, if it
should amount to a great deal more than what we now
pay for maintaining our regular army; it would be an
argument of no weight witii me against the scheme, for
I am sure, if the expence v. ere greater, our power would
be rendered in proportion much more extensive, and
our liberties much more secure.
If, my lords, the militia were to be put upon a proper
and a right footing, if they were to be put upon such a
footino; as to be reallv useful for the defence of the coun-
try, it is not to be supposed, that the people would gnun-
ble at any charge or inconvenience they Mere put to
upon such a necessary and reasonable account. The
many loads they have quietly submitted to of late years,
shew us that they are not apt to grumble, v.-hen they are
convinced of the reason of the thing; but at present they
know that the militia are of no public use; they know tiiat
the drawing them out to exercise tends to no end but
that of putting money in the |)ocket3 of the officers, and
therefore they grumble when tiiey iind themselves put to
any expence uj)oii such an unprofitable account.
Though the militia of the kingdom be under the com-
mand of the king, though their officers be all named by
the king, yet untier such a military force, our liberties
must be sale : the militia of the kingdom are the people
of the kingdom, antl it is nn|;03sible to make use of the
people for oppressing the liberties of the people; but a
standing army of regular forces soon begin to look upon
themselves as a body separate i;nd distinct from the peo-
ple: and ifthepcojjle in general iioglcctthcuseof anriS,and
trust entirely to such a military force for their defence,
tlie king, who lias the absolute command over them, may
easily fall upon ways anti^means to make use of tiiein for
oppressifig the liberties of the people ; by gnuiting par-
ticular favours to such a mil itarv force, auvl i ^' i)reservin<>
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 th<j illegal orders.
SIR GILBERT HEATHCOTE
Was an aWerman of Loudon. He spoke frequently in the bouse
about this period, and always in a plain, sensible manner.
Si?:^G. Heathcotes Speech on fli-e Estahlishmetit of Ex-
cise Ojjicers*'.
Sir,
Other gentlemen have already fully explained and set
forth the great inconveniences m hich must be brought on
* The introduoiiou of the excise lawts excited an immense ferment
through the kingdom aboyt this lime. It ^vas called by Pulteney,
" that mon.-ter, th'j Kxcise." And Walpolc had more difliculty in
weathering the storrti of opposition that rose on thi- occasion, than
OD any other. How tame arc we grown ! I low familiar with that slavery
and nun,thnatened us by somanvsucct^cding prophets and politicians !
AVe |>lay 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. :3<iy
gined thiat 1 should not iiave been under a necessity of
giving you any farther trouble; but when such things are
thrown out, tilings which in my opinion are quite fo-
reign to the debate; when the ancient liistories not only
of this but other countries, are ransacked for characters
of wicked ministers, in order to adapt them to the pre-
sent times, and to draw parallels bctyveen them, aajl
some moflern characters to which they, bear ijo other re-,
semblance than that they were ministers," It is impos-
sible for one to sit still. Of late years I have dealt biit
little in the study of history ; but I have a very good
prompter by me, (meaning Sir Philip Yorke) and by his
means, I can recollect tiiat l\ie,c'<^f^, oit' Empion and
Dudley, mentioned by the honQuI;aBTe geatleman w iio
spoke last, was so very different Jrom any thing that can
possibly be presumed from tiie scheme now before us,
that I wonder how it was possible to hig them into the
debate. The ca^c as to them was, that they had by virtue
of old and obsolete laws, most unjustly extorted great
sums of money from people, who, as was pretended,
had become liable to great pains and penalties, by hav-
ing been guilty of breaches of those obsolete laws whicli
for many years before had gone entirely into disuse. I
must say, and I hope most of those that hear me think,
that it is very unjust and unfair to draw any parallel be-
tween the clraracter of those two ministers and njine,
which v.as, I suppose, what the honourable gentleinan
meant to do, ulieu he brouglit that piece of history into
the debate. If I ever endeavour to raise money from
the people, or from any man w hatcver, by oppressive or
illegal means, if my character should ever come to be
in anv respect like theirs, 1 shall deserve their fate. Dut
while 1 know invs(.'li' to be innocent, I shall depend
upon the jirotection of the laws of my country. As long
as they can {)rotect me I am safe ; and if that protection
should fail, 1 am prepared to submit to the worst tliat
can happen. 1 know that my jxlitical and ministerial
life has by some gentlemen been long wished at an end ;
but they may ask their o^vn disappointed hearts, how
328 SIR ROBtRT M'ALPOLE. [a.D.173C.
vain their wishes have been ; and as for my natural life,
I have lived long enough to learn to be as easy about
parting nithit, as any man can veil be.
As to those clamours v. liich have been raised without
doors, and which are now so much insisted on, it is ver\'
well known by ^vhoIn and by what methods they were
raised, and it is no difficult matter to guess with \\hat
views ; but I am very far from taking them to be the sense
of the nation, or believing tiiat the sentiments of the
generality of the people were thereby expressed. The
most part of the people concerned in those clamours did
not speak their o\rn sentiments. They were played upon
by others like so many puppets ; it was not the puppets
that spoke, it was those behind the curtain tliat played
them, and made them speak v hatever they had a mind.
There is now- a most extraordinary concourse of people
at our door, I hope it will not be said that all those
people came there of themselves naturally, and without
any instigation from others, for to my certain know-
ledge some very odd methods were used to bring such
multitudes hither. Circular letters were wrote, antl sent
by the beadles in the m.ost public and unprecedented
manner, round almost every Mard in the city, summoning
them upon their peril to come down this day to the house
of commons. This I am certain of, because I have now
one of those letters in my pocket, signed by a deputy
of one of the greatest wards in the city of London, and
sent by the beadle to one of the inhabitants of that
ward J and I know that such letters were sent in the
same manner almost to every liveryman and tradesman
in that ward ; and by the same sort of unwaiTantablc
methods have the clamours been raised almost in every
other part of the nation.
Gentlemen may say what they please of the multi-
tudes now at our door, and in all the avenues leading
|o this house ; they may Ciill them a modest multitude,
if they will ; but whatever ten>per 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 17<J3. He was a man of abilities, an
highly amiable character, and a great oncouragcr of learned men.
To him i^ ^''^s that the celebrated Hutcheson dedicated his elegant
UeVise oi^ beauty aiid virtue:
Lord Cartcrefs Speech on the Number of Land Forces.
My Lords,
So many lords have spoke so well in favour of the rs-
duction proposed, and have so fully answered ail the
objections made against it, that 1 should not have given
your lordships any trouble on the present occasion, if it
had not teen ^at I now hnd, that uot only a standmg
iJSO LPRD CARTERETi [a. D. 17:^2.
anuy, but an ormy of the foil niiml>er 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 bein<T represented by country gentlemen,
with wiioin they nre well acquainted, and who can have
no interest separate from them, than by clerks of ofiices,
or such other persons, w horn they perhaps never saw or
heard of before they came down to be chosen their re-
})resentatives, and \\ horn, probably, they may never see
again till they rettu'n to ask the same favour; wiiicli
every irentlenian '...tc knows to be often the case uith
352 . SAMUEL SANDYS. [a.D. 1733-
many pf our. little boroughs in. England.' But to say that
it would be any injustice in us, to lay any restraint upon
the people, as to the choice of their representatives,
seems to me. very extraordinai;)', when we consider the
laws now in being, by which the people ai'e restrained
from choosing any gentleman for their representative,
who is not possessed of such an estate.' Surely, we
may, with respect to Elections, without being guilty of
any injustice, lay what resti'aints we think necessary for
the good of the public, and the preservation of our con-
stitution ; and I am sure, that w hatcver is for the benefit
of the people, cannot bejustly said or thought to be injurious
to the crown. It is extraordinary to say that wJiat is pro-
posed by this bill, would be an injustice done to those
who are thereby to be made incapable of being elected ;
for have not we already a law by which all the officers
concerned in the collection of the customs or excise, are
rendered incapable of being chosen members of pai^lia-
nient ? And yet I have never before. heard it urged that
there was any injustice done to those gentlemen, by^v
eluding them tVom having seats in parliament, as iong^
they are in an office, which is inconsistent with their be-
ing members of this house.
I will allow, that the choice made by the burgesses of
a little borough, or by the freeholders of a county, if it
tails upon an officer, civil or military, shews that the ma-
jority of those electors, at that time, did not think tlie of-
tice he then enjoyed, incompatible or inconsistent with
ills being their representative; but 1 hope it will not be
said, that the burgesses of a little borough, or even the
freeholders of a county, are better judges in this respect
than the representatives of the whole people of Great
Hiitain met in this house, especially when tiie opinion
of this house is approved ofj and confirmed by the other
two branches of our legislature. As to the alternative
pretended, that if this bill should pass into a law, it
would render either the officers, civil and military, con-
temptible, or this house contemptible in the eyes of the
A. D. 1733.] SAMLEL SANDYS. 353
people ; I cannot imagine liow it could produce eitlier
of these effects ;' for as to the officers, civil or rnilitai-\',
is it to l)e imagined that a successful general or admi-
ral, a brave and experienced captain by sea or land,
or a civil oflicer, honest, expert, and diligent in the
jstation he is in, would be contenmed because he was
not capable of being a member of this house? M'cre
the clergy ever brought into contempt by their being ex-
cluded tiic [H'ivilegc of being chosen members of parlia-
ment? On the contrary, 1 believe they never got any
honour, by being members of either house ; and I be-
lieve there are \ ery ihw officers, either civil or military,
in the kingdom, \vho ever gained much honour, or nmch
repute among the people, by tlieir blnng members of ei-
ther house of parliament, unless Avhen their being such
was tlie occasion of their bein^; turned out of the offices
they enjoyed, and might have continued to enjoy, to their
own honour and the advantage of their country, if tlicy
had not been meuibers of parliament. As to tlic other
part of the alternalive, that this house 'may be rendered
contemptible by what is nov. pioposcd, I am not in the
least afraid of it ; but I am \ ery nmch afi^aid, that if
some bill of ti;is nature is not speedily passed into a law,
this house will berome contemptible in the eyes, not
only of uur own people, but of the whole world.
Gendemcn may pretend that no man is influenced in
ijis way of thinkiuL-, or in his manner of acting in this
IkjUoC, by the p()-;t or office he possesses, and may be
rurncd oat of whenever a prime minister may have a
inhid ; bill while men are men, 1 am convinced there
v/ili alwavs be a great number, by tar, I fear, tiie gi'cat-
C5t huiiib' r, who will rather vote according to the ctirec-
fiGii C'f the priihC minister for the time being, than run
iL" riiix of bc'nv^ turned oat of the lucrative post or of-
nee thev hold, at the piea-urc of tlie crown. And if
ever a maioritv of this houie should happen to be coiri-
posf.' 1 of such men, I am sure it will become as con-
f' niptible as c. er llie senate of Rome was, alter it be
^'0 1. f . A a
354 SAMUEL SANDYS. [a. D. 1733-
came the political tool of their arbitrary and tyranni-
cal emperors. I will likewise agree with the honourable
gentleman, that it may be necessary, at least it may be
convenient for this house, always to have in it some of
those gentlemen who belono; to, and are conversant in
the methods of transactmg busmess in the several great
offices of the kingdom ; and therefore I am not for ex-
cluding from seats in parliament all those who are in
office, civil and military ; I believe no gentleman in this
house ever had any such thought in his head ; and if
gentlemen will but peruse the billys it stands now, they
will see that there is to be an exception, which is now-
left blank, as in uU such cases is usual; in order, that
when we go into a committee, gentlemen may then pro-
pose the filling up in that blank as many offices, or as
many sorts of offices as they have a mind. About this,
indeed, I expected there might have been some debate ;
but considering the great number of officers of all sorts
we have now in. ,this house ; considering how greatly that
number may be increased in time to come ; considering
the great clamour already raised in the nation against so
many officers being in this house, I really did not ex-
pect that any gentleman would have opposed tlie com-
mitting of the bill, or would have pretended that the passing
of some such bill was nor now become necessary both
for the honour of this house, and the safety of our con-
stitution. To conclude, the bill is at present but a blank;
but I am confident it may be made a good and a I'ea-
sonable bill, and agreeable to every gentleman in this
house. Therefore I hojje tlie house uill agree to the
going into a committee up(jn it ; because, if gentlemen
do not hke it after the blanks are filled up, tlicv may
i.iien drop it, or thro^v it out upon the third leading.
A. D. 1738.] EARL OF CHESTERFIELD. 355
PHILIP DORMER STANHOPE,
(Earl of Chesterfield,)
Was born in l6.94. He was educated at Cambridge, after wliich he
went abroad, and on his return to Englatid, became a member oJ"
the house of commons. In 1 7~6. he succeeded his father in the house
of peers. He was appointed lord lieutenant of Ireland in 1745^
where he conlinutrd till 1748. He died 1773. I have given a greater
number of his speeches than of any person's about this time, because
I found them more ingenious, and amusing, and elegant, than anv
others. They are steeped in classical allusion ; find" he seems al-
Vvays anxious to adjust the dress, and regulate the forms of
the English constitution, by the looking-glass of the Roman com-
monwealth. There may be a little sprinkling of academic affec-'
tation in this, but it is much more agreeable than the diplomatic
impertinence and official duiness, tvhich were at that time so
much in vogue. His speeches are, in this respect, a striking con-
trast to those of Pulteney, Pitt, Pelham, tVc. it has been said
that they want force and dignity. If it be meant that they are
not pompous and extravagant, I shall admit the truth of the ob-
jection. But I caimot see why ease is inconsistent with vigour,
or that it is a sign of wisdom to be dull. If his speeches con-
lain as much good sense, and acute discrimination as those of his
rivals, as clearly expressed, and seasoned with more liveliness of
fancy, I should be disposed to listen to them more attentively, or
to read them oitcner, than if, as is often the case, their strength
consisted in mere violence and turbulence, and their only preten-
sions to wisdom arose from their want of wit. I'here is some-
thing very peculiar in the form of his sentences. He perpetually
takes up the former part of a sentence, and by throwing it into
the next clause, gives a aistinctness ctnd pointedness to every se-
parate branch of it. His sentence:, look like a succession of
little smart climaxes. " And, therefore, an administration
without esteem without authority among the people, let their
power bo never so great let their power be never so arbitrary,
will be ridiculed. The severest edicts ^the most terrible punish-
ments, cannot jjrevfnt it. li 'o.iiv ntan, therefore, thinks lie has been
censured if any man tlnuks he has been ndicule<l, upon any
of our public theatres," &c. "As no man is perfect, as no man
is infallible," vVc. See hie e.pech on the theatres. This method,
is, I suspect, bcrrowed from the French : where it suits with the
turn of a man's mit;d, it is agreeable enough, and must have u
very good tll(i.'t in :-pe ikinn. It is, at least, better than our
^Aa I
356 EARL OF CHESTERFIELD. [A- D- 1/33.
modern style of rhetorical architecture, where the nominative case
is mounted up at the top of the page, and the verb fixed at the bot-
tom ; than those circular ladders, and winding-staircases in
language, where the whole hangs suspended in an airy round, and
the meaning drops down through the middle. The late Mr. Pitt
was a master of this involved style.
His Speech on tlie Princess Royal's Alarriage Portion.
My Lords,
I DO not rise up to oppose the bill before us, but I
think it is incumbent upon me to declare, that it is, in
my opinion, a most indecent thing to provide for the
princess royal of England in such a manner : It is most
disrespectful to the royal family, to provide a marriage
portion for so illustrious a branch of that family in such
a bill of itetns. Here is impr'miis, 500,0001. for the
current service of the year. It an, 10,0001. by way of
charity for those distressed persons, who are to trans-
port themselves to the colony of Georgia. Item, so
much by way of charity for repairing an old church.
Item, so much by way of ciiarity for repairing a dormi-
tory. AnA item, 80,0001. as a marriage portion for the
princess royal of England. How incongruous is it, my
lords, to see such a provision come in by way of item
among so many other items, many of wliich are for cha-
ritable uses !
In duty to the family of which that royal princess is
descended, out of that regard and esteem which we
ought to have for her, and w hich she so much deserves,
not only from us but from the whole world, her marriage
portion ought to have been provided for in a particular
bill by itself; no foreign matter ought to have been
mixed in such a bill. Your lordships were so careful
in that respect, that, when you were about drawing up
A. D. 1733.] DUKE OP NEWCASTLE. 357
an address of thanks to his majesty for communicating
to this house the intended marriage of the princess royal,
you would not receive a few words which were offered
by way of compliment to the states general, and which
might very properly have come into that address, because
you were resolved to put nothing into the address that
was any way foreign to the intended marriage, which
his majesty had been pleased to communicate to you.
As I am resolved not to oppose this bill, therefore,
my lords, 1 shall not say any thing to tlie method of
tacking made use of upon this occasion ; nor shall I
now object against the means made use of for jjroviding
for the current service of the year ; but both ought cer-
tainly be taken notice of, and I hope your lordships will,
upon tliis occasion, come to some resolutions which may
tend to prevent the like practices for the future,
DUKE OF NEAVCASTLE,
///* Speech on the Arm Regulation Bill,
My Lords,
As I shall certainly p;ive my \otc against the second
readinjT of this bill, I must 1)0^ leave to ii;ivc some of
my reasons for so doing. I must be. of opinion, niy
lords, tiiat it n ill always be jiroper to leave in hi.s ma-
jesty a pouer of removing the officers of the army at
pleasure, in order to preserve that respect and obedience
wiiich is due from them to their kinir ; but I am the
more firmly of this oyiinion, \vhen 1 cousider, thatthere
is at present a pretender to tlie crown of these rcahns ;
Ic^u" Avhile there is such a misfortune hanging over u-, \\o
^^8 I>UKfi 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 <iqod argument for offering an amendment to
the bill, but it Avas no argument against the bill itself,
and much less against the second reading of it. It is
certain, that men arc sometimes guided by their hopes,
as well as by their fears ; but, surely when the hopes of
preferment, and the fears of starving, are put together in
the scale against virtue and conscience, they w ill jointly
weigh more heavily, than either of them would do se-
parately. I cannot allow, that every man, who may be
governed and directed in his Avay of acting and speak-
ing, by the feyr of starving, Mill likewise be directed
by the hopes of preferment, or tlie hopes of a more
lucrative post or employment ; for he must have a
small share of \irtue, and a very great share of ambi-
tion or covetousncss, who is directed to act against his
conscience, by the single hopes of preferment, or the
hopes of a more lucrative post or employment. 7\nd it
must be granted, that there are many men, w ho have so
little ambition or covetousncss, tliat if tiiey are but made
A. D. 1733.] EARL OF AKGLESEA. 361
sure of a moderate support for life, tlie hopes of prefer-
ment, or the hopes of addincr to their yearly income,
will have so little effect u])nn them, that, witli even l)uL
a small share of virtue, they may hokl out against the
most allurinfT hopes : hut it must be allowed, that the
man who stands his ground ai^ainst the fears of beinq,
reduced to a starvini;; condition, as well as against the
hopes of preferment, and adtiing to iiis yearly income,
must have a very great share of virtue ; a greater share.
I an> 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 <ji this house to take care, that hi.> 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-<v, dirpMt* s, aud di\isi(:n.- abo'.;t c!cc-
580 srU JOHB BARNARD. [a.d. 1733.
tions, have been set in the most dreadful hght, and have
been represented as so great an inconvenience, that we
ought to run the risk of liaving our constitution over-
turned, rather tlian submit to it. But, sir, can it be
imagined that there would be the same contention for a
seat in parliament which was to continue but for one year,
or even for three, that there is foV one which is to con-
tinue for seven ? 'J'he example of the city of London
plainly shews us the contrary. As the common council-
men and a great many other officers in the city, are
chosen annually, I have had occasion to be often present
at these annual elections, and never could hnd that they
were attended ^\ith any great heats and animosities, or
Avith any inconveniences : for after the election is over,
the contending parties go home, and live in the same
friendship they did before ; and I am convinced the case
would be the very same, if annual elections for members
of this house Avere restored. The same man might per-
haps be continued and re-chosen every year for many
years together, probably without any dispute or opposi-
tion : but his being liable every year to be turned out,
would be a continual check upon bad behaviour, and
would make him study the interests of the people, in-
stead of pursuing only some private and selfish visws of
iiis own.
I'vvcn as elections stand at present, there would be no
such contentions; nor any such heats and animosities as
we hear of, if they wei'e entirely left to gendemcn who
have a natural interest in the place. In such case, if a
candidate found himself defeated by fair means only,
and merely by the superior interest of his antagonist, it
would not raise his indignation ; it would occasion no
heats or animosities. He would wait with })aticnce for
a new opportunity, and in the mean time ^vould en-
deavou)- to recommend himself to his country by acts of
liospitality and benevolence. It is ministers of state
iutermedcUing with elections ; it is election brokers, ami
i^uch dealers in corruption, that occasion all the heal-:
A. D. 1733.] SIR JOHN BARXARD. 381
and animosities we have : for when a gentleman of a
great natural interest sees His electors obliged by power,
or bribed by money to vote against him, perhaps in favour
of an utter stranger, it cannot but raise his indignation.
It may indeed justly raise his utmost fury and revenge.
It is certain, sir, that if the people were entirely left to
themselves, they Aiould without much contention always
choose those gentlemen, who, by having large properties
of their own, might be reasonably supi)osed to be such
as would take the best care of the propei ties of their
fellow subjects. But if the people should ever begin to
see their representatives making their seats in parliament
places of profit, and bartering their votes and their be-
haviour in parliament for posts, places, and pensions,
the people Avill soon follow tlie example of their repre-
sentatives, and will insist upon sharing with them in the
profits. Thus by degrees, the mind's of the people will
be debauched ; they \a ill be brought to think, that the
selling tlieir votes at elections is no crime ; the represen-
tatives, who buy their seats, must sell their votes ; and at
last all regard for the public good will be generally laid
aside bv all sorts of men. Tiic onlv effectual method,
sir, of preventing this fatal efiect, is to restore annual
elections : for then it would be im])ossible even for the
treasury itself^ (if ever the public moncv should come to
be so misapplied,) to issue yearly sums of money suffici-
ent to get the better of the natural interest, which country
gentlemen always have in the places where they and their
families have perhaps for many generations resided. The
consequence of Avhicli will be, that none bu.t couiitry
gentlemen, and those wlio have a natural interest in the
place, Mill ever appear as candidates ; and thus neither
the morals of the people will be debauched, nor their
properties plundered, nor their liberties destroyed by
those election brokers and ministerial agents, or t\mv
candidates, who never can be employed or set up but
lor such base purposes.
A^ for our credit abroad, which it is pretended sep-
3B2 SIR. ROBERT WALPOLE* [a. E. 1733.
tennial parliaments very much contribute to, I think it
is, evident that it has been sinking ever since the sep-
tennial law took place ; which confirms what was justly
observed by an honourable gentleman, that the credit of
the nation among foreigners does not depend upon the
length or sliortness* of our parliaments, but upon that
correspondence and confidence which ought always to
fee kept up between the king and his people. I will not
say that this decay of our credit abroad has been alto-,
gether owing to the septennial law, but I dare say, if
our parliaments had not been septennial, they would
probably before now, have enquired into the conduct of
tliosc who have been the causes of this decay ; and
whatever reasons the decay of our credit among foreign-
ers may have been owing to, it is now come to so low
an ebb, that we really seem to have almost none to lose.
This, 1 am sorry to say it, seems to be our case at present;
and as I think nothing can so effectually restore our
credit abroad as the restoring our constitution at home,
1 shall tlierefore give my vote for the question.
SIR ROBERT WALPOLE.
Wc may form as ^ood an idea of the talents of this celebrated man
as a speaker in the house of commons, fvom the following speech,
as from any that he has left behind him. He may be considered
as tlic first who (if the similitude is not too low to be admitted, I
confess nothing can be lower) threw the house of connnons into
the form of a regular debating society. In liis time <iel)ate was
organii^ed ; all tlie common-place topics of political controversy
were faniiliar in the mouths of both parties. The combatants on
each side, in this political warfare, were regularly drawn up in
opposition to each other, and had tlieir several parts assigned them
with the greatest exactitude.
" The popular harangue, the tart reply,
" The logic, and the wisdom, and the wit,"
appeared in all their combined lustre. The effect of this
A. D. 1733.] SIR ROBERT WALPOLE. 383
system could not be diOerent from what it has turned out.
The house of commons, instead of being the representtitive and de-
pository of the collective sense of the nation, has become a theatre
ibr wrangling disputants to decUiim in the scene of noisy imperti-
nence and pedantic folly. An empty shew of reason, a set of words
Las been substituted for the silent operation of general feeling and
good sense ; and nainisters referring every thing to this tiimsy
standard, have been no longer taken up in planning wise measures,
but in studying how to defend their blunders. It has been usual
to draw a sort of parallel between the person of whom we are
, speaking, and the late Mr, Pitt. For this perhaps there is little
more foundation than the great length of their administrations, and
their general ability as leaders of the debates in parliament. Jf I
were disposed to make a comparison of this kind, I should attempt
to describe them by their differences ratker than their resem-
blances. They had both perhaps equal plausibility, equal facility^
and equal presence of mind ; but it was of an entirely diflerent
kind, and aiose from different causes in each of them.
^Valpole's manner was more natural and less artificial ; his
. resources were more the result of spontaneous vigour and quick-
ness of mind, and less the growth of cultivation and industry.
If the late minister was superior to his predecessor in office in
logical precision, in the comprehensive arrangement of his subject,
and a perfect acquaintance with the topics of common-place
declamation, he was certainly at the same time very much his
inferior in acuteness of understanding, in original observation,
and knowledge of human nature, and in lively, unexpected turns
of thought. Pitt's readiness was not owing to the quickness
or elasticitv of his understanding, but to a perfect self-com-
mand, a steadiness and inllexibillty of mind, which never lost sight
of the knowledge which it had in its possession, nor \va.s ever distract-
ed ill the use of it. Nothing ever assumed anew shape in passing
through his mind: he recalled his ideas just as they were originally
impressed, and they neither received n(jr ever threw a sparkling
llglit on any subject with which he connected them, either by fe-
licity of combination, or Ingenuity of argument. They were of
that loose, general, unconnected kind, as just to fill the places they
were brought out to occupy In the rank and tile of an oration,
and then returned mechabicaily back to their several stations, to
be ready to appear again whenever they were called fur. Walpole's
eloquence, on the other hand, was less an affair of reminiscence,
and more owing to present invention. He seems to have spoken
constantly on the spur of the occasion ; without jiretending to ex-
. haust his subject, he often put It in a striking puint of view ; and
the arguments Into which he was led In fullowing the doublings
and windings of a question, were such as do not appciir
to have occurred to himself be'.jio, nor t' have bet-n n^.ade
3B4f sm ROBERT vvALPOLE, [a. d. 1735;
use of by others. When he had to obviate any objection, he did
not do it so miwh by ambiguity or evasion, as by immediately
starting some other difticulty on the opposite side of the ques-
tion, which blunted the edge of the former, and staggered the
opinion of his hesrers. The stile of their speeches ia also marked
by the same differences as their mode of reasoning. In the one
yott discover the ease and vivacity of the gentleman, of the man of
the world ; in the other the studied correctness of the scholar.
The one has the variety, simplicity, and smartness of conversation;
the other has all the fulness, the pomp, the premeditated invo-
lutions and measured periods of a book, but of a book not written
in the best stile. The one is more agreeable and insinuating ; the
other more imposing and majestic. Not to spin out this comparison
to an unnecessary length, I should think that Walpole was less com-
pletely armed for entering the lists with his antagonists, but that
his weapons were keener, and more difficult to manage : that Pitt
had more art, and Walpole more strength and activity ; that
the display of controversial dexterity was in Walpole more a
trial of wit, and in Pitt more an affair of science ; that Walpole
had more imagination, and Pitt more understanding ; if, indeed,
any thing can entitle a nian to the praise of understanding, which
is neither valuable, nor his own.
Sir Robert fValpolcs Speech in RepI^.
.Sir,
Though the question has been already so fully and ^o
handsomely opposed by my worthy friend under tlie
ji^aliery, by the learned gentleman near me, and by several
others, that there is no great oceasion to say any thing
farther against it ; yet as some new matter has been
.started by some of the gentk'inen who have since that
time spoke upon tb.e other side of the question, I hope
the house will indulge me tlie liberty of giving some of
tiiose reasons which induce me to be against the mot'on.
In genera], I must take notice, that the nature of our con-
si'tulion sceuis to be very much mistaken by the gentk;-
n.cn who have spoken in favour of this motion. It is
A.D. 1733.J SIR ROBERT WALPOLE. S8i
certain that ours is a mixed government, and the per-
fection of our constitution consists in this, that the mo-
narchical, aristocratical, and democratical forms of go-
vernment, are mixt and interwoven in ours, so as to give
us all the advantages of each without subjecting us to the
dangers and inconveniencies of either. The democratical
form of government, w liich is the only one I have now
occasion to take notice of*, is liable to these inconveni-
encies that they are generally too tedious in com^
ing to any resolution, and seldom brisk and expeditious
enough in carrying their resolutions into execution; that
they are always wavering in their resolutions, and never
steady in any of the measures they resolve to pursue,
and that they are often involved in factions, seditions,
and insurrections, which expose them to be made tlie
tools, if not the prey of their neighbours. Therefore, in
all the regulations we make in respect to our constitu-
tion, we are to ^uard as:ainst runnins: too much into that
form of government which is properly called democra-
tical. This was in my opinion the eiiect of the triennial
law, and will again be the effect, if ever it should be
restored.
That triennial elections would make our government
too tedious in all their resolves is evident, because hi
such case, no prudent administration would ever resolve
* Sir Robert horc, by enlirdy leaving out the consideration of tlip
other parts of our constitution which arc intended to operate as checks
and correctives of the democratical part, very ingeniously models the
house of commons according to his own wishes, and at the same time
in such a manner as to answer the purposes of all the other parts,
and in fact to render them unnece?'^ary. It has always been pre*
tended that the hou.-;; of commons was but one branch oi the legis-
lature the representative of tlie people; and that an anlid.ite to any
evils that might arise from this part of the system was wisely pro-
vided in the other branches, which weie to represent property and
power ; but care has been taken to make sure of the remedy in the
tirst instance, namely, by inoculating the patient before ihe dir.ca"e
was caught, and making the house of commons itself nevoi u/iv
tiling more than the repre-Jtntative of property and pov.ei.
VOL. I. C C
386^ SIR ROBERT WALPOLE. [a. D. 1733
upon any measure of consequence till they had felt not
only the pulse of the parliament, but the pulse of the
people ; and the ministers of state would always labour
under this disadvantage, that as secrets of state must not
be immediately divulged, their enemies (and enemies
they will always have,) would have a handle for exposing
their measures, and rendering them disagreeable to the
people, and thereby carrying perhaps a new election
against them before they could have an opportunity of
justifying their measures by divulging those facts and
circumstances from whence the justice and the wisdom
of their measures would clearly appear.
Then, sir, it is by experience well known, that what is
called the populace of every country, are apt to be too
much elated with success, and too much dejected with
every misfortune ; this makes them wavering in their
opinions about affairs of state, and never long of the
same mind ; and as this house is chosen by the free and
unbiassed voice of the people in general, if this choice
were so often renewed, we might expect that this house
would be as wavering and as unsteady as the people^
usually are ; and it being impossible to carry on the
public affairs of the nation without the concurrence of
this house, the ministers would alwavs be obliged to
comply, and consequently ^vould be obliged to change
their measures ^s often as the people changed their minds.
With septennial parliaments, sir, we are not exposed
to either of these misfortunes, because if the nriuisters
after having felt the pulse of tlie parHamcnt, wiiich they
can always soon do, resolve upon any measures, they
have generally time enough before tlie new election
comes on to give the ]K\o})!e a proper information, in
order to shew them the justice and the wisdom of the
measures th^y have pursued ; and if the people should
at any time be too much elated, or too much dejected,
or should without a cause change their minds, those at
the helm of affairs have time to set ^ them right before a
new election comes on.
A. D. 1733.] SIR ROBERT WALPOLE, 387
As to faction and sedition, sir, I will grant that in mo-
narchical and arist;ocratical governments it generally arises
from violence and oppression ; but in democratical go-
vernments it always arises from tlie people's having too
great a share in the government ; tor in all countries and
in all governments, there always will be many factious
and unquiet spirits, who can never be at rest either in
power or out of power. When in power, they are never
easy unless every man submits entirely to their direction ;
and when out of power, they are always working and
intriguing against those that are in, without any regard
to justice or to the interest of their country. In popular
governments "such men have too much game j they have
too many opportunities for working upon and corrupting
the minds of the people, in order to give them a bad im-
pression of, and to raise discontents against those that
have the management of the public aiiairs for the time ;
and these discontents then break out into seditions and
insurrections. This, sir, would in my opinion be our mis-
fortune if our parliaments were either annual or tri-
ennial. By such frequent elections there would be so
much power thrown into the hands of the peo{)le as
would destroy that equal mixture which is the beauty of
our constitution. In shoit, our government would really
become a democratical government, and might from
thence very probably diverge into a tyrannical. There-
fore in order to preserve our constitution, in order to
prevent our falling under tyranny and arbitrary power,
we ought to preserve that law which I really think has
brought our constitution to a more equal mixture, and
consequently greater perfecti.tn than it was ever in before
that law took place.
As to bribery and corruption, sir, if it \vere possible
to influence by such base means the majority oi the elec-
tors of Great Britain to -chuss such nien as would pro-
bably give up their liberties, if it were possible to in-
fluence by such n:ieans a majority of the members of th's
house to consent to the establishment of arbitrary power.
388 SIR ROBERT WALPOLE. [a D. 1733.
1 M'onld readily allow that the calculations made by the
gentlemen on the other side were just, and their inference
true; but I am persuaded that neither of tliese is possible.
As the members of this house generally are, and must
always be, gentlemen of fortune and ligure in their
country, is it possible to suppose that any of them could
by a pension or a post be influenced to consent to the
overthrow of our constitution, by which the enjoyment
not only of what he got, but of ^hat he before had, Monld
be rendered altogether precarious ? I \\ill allow, sir,
that with respect to briber}-, the price must be higher or
lower generally in proportion to the virtue of the man
who is to be bribed ; but it must hkewise' be granted,
that the humour he happens to be in at the tune, the
spirit he happens to be endoAved Avith, adds a great deal
to his virtue. When no encroaciiments are made upon
the rights of tlie people, when the people do not think
themselves in any danger, tliere may be many of the elec-
tors, who by a bribe of ten guineas might be induced to
vote for one candidate rather than another ; but if the
court were making any encroachments upon the rights of
the people, a proper spirit would without doubt arise in
the nation, and in such a case I am persuaded that none,
or very few even of such electors, could be induced to
vote for a court candidate ; no, not for ten times the sum.
There may, sir, be some bribery and corruption in
the nation, I am afraid there v, ill always be some ; but it
is no proof of it that strangers are sometiiucs chosen ;
for a gentleman may have so much natural infiuence
ov r a borougii in his neighbourhood, as to be able to
l?rcvail with them to clioose any per; on he pleases to
ic'fommend ; and if upoii such recommendation they
choose one or two of his friends, who arc perhaps
strangers to theni, it is not from thence to be infejTcd
tJint tiie two strangers were chosen their representatives
by the means of bribery and (orru})tion.
To insinuate, sir, tliat monc y may be issued from the
public treasure for bribing elections,, is really sumething
A.J). 1733.] SIR ROBERT WALPOLE. 389
very extraordinary, especially in those gentlemen who
know liow many checks there are upon every shilling that
can be issued from tlience, and how regularly the money
granted in one year for the public service of the nation,
must always be accounted for the very next session in
this house, and likewise to the other, if they have a mind
to call for any such account. And as to the gentle-
men in offices, if they have any advantage over country
gentlemen in having something else to depend on besides
their own private fortunes, they have likewise many dis-
advantages. They are obliged to live here in London
with their families, by which they are put to a much
greater expence than gentlemen of equal fortunes who
live in the country. This lays them under a very great
disadvantage, with respect to the supporting their interest
in the countr3^ The country gentleman, by living
among the electors, and purchasing the necessaries for
his family from them, keeps up an acquaintance and
correspondence with them, without putting himself to
any extraordinary charge ; whereas a gentleman who
lives in London, has no other way of keeping up an ac-
quaintance or correspondence among his friends in the
country, but l)y going down once or twice a year at a
vcT-y extraordinary cliarge, and often without any other
business ; so that we may conclud;;:^ a 2:entleman in office
cannot, even in seven years, save much for distributing
in ready money, at the time of an election ; and I really
believe, if the fact were narrowly inquired into, it would
appear that the oentlemen in office are as little ^;ilty of
bribing their electors \\ith ready money, as anv other set
of ireatlemen in the kingdom.
That there are icrnients often raised among the people
without any just cause, is wh.-.t I tun surj,''viscd to hear
controverted, since verv late cv!>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 <o pass by default, or should appear and not
litigate or gainsay, that there is a power given to the
justices to settle the quantum of the tythes, and the
clergy are hereby deprived of any farther redress. It
is the liberty of avoiding the justices, which is some
sort of control upon their judicature, and it is the
force of the several subsistins; remediefi, which obliges
many of the quakers in some shape or other at present to
submit. For it is not the punctilio oi one gun only (as
the learned counsel said) which the ganison wants, and
when men are obliged to surrender there is no dis-
honour in doing it : but they have got unjust possession,
and would you withdraw your forces that they may
strengthen the fortification, and make it capable of a
stouter resistance? Sir, I think the comparison has
been inverted, and that party is in possession mIiq
have a just title, and they only desire to keep what
they have, without extending their territories; and it
would be extremely unjust to pull down tlitij- fences,
upon an idle report that the enemy would take no ad-
vantage of it.
As to the ecclesiastical courts, the quakers have
been defied to produce any instances of their being
much troubled here ; and indeed they are exceedingly
few. Every thing in the covu'se of time will degenerate
from its original institution, and undoubtedly liiere
400 SIR JOHTf ST. AUBIN. [A. T>. 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<t and rca.sonuble, and suelx
as those who arc suhieeted to thein (;u2;ht !i(;t to
complain of ; but mIuu they are grr-ater tluiu v.Iiat are
necessary, they then begin to take and to deserve the
name of oppression ; and according to the degrees of tliis
excess, the decrees of oppression are aluavs lo b'j con:--
puted. In this kingdom v.e ki^nv tiicre is a cct of ine!!
410 SIR ROBERT WALPOLE. [a.D. 1736.
who think it their duty to endeavour to bring about an
alteration of our present happy estabiisliment, I mean
our nonjurors ; -who for that very reason are exclude^
from all posts or places in our government ; which is
certainly a hardship upon them ; but I am sure it
cannot be called an oppression, nor can this ex-
clusion with respect to them be called a punishment.
And if there be a set of men in this kingdom who
think the doctrines of the established church incon-j
sistent with Christianity, or the ceremonies oi our public
worship idolatrous, it is their duty as christians to at-
tempt to bring about an alteration in our established re-
ligion, and tliey certainly will attempt it as soon as it is
in their power ; nay, with all deference to the honour-
able gentlemen -who have spoke upon the other side
of the question, lor all of w hom I have the greatest
esteem, I must look upon this very motion as a be-
ginning of that attempt ; but as I am a member of
the church of England, and think it the best religion
that can be established, I think it my duty to prevent
its being ever in the power of such men to succeed
in any such attempt; and for this purpose, I think
it absolutely necessary to exclude them from any share
in the executive part of our government at least ; be-
cause if the excecutive part should once come to be
generally in their hands, they would very probably
get the legislative part likewise ; from which time it
w-ould be in vain to think of preventing, in a peaceable
manner, their doing whatever they had a mind ; and
it must be presumed they Avould do what they thought
themselves in duty bound to do. To exclude a man
from a profitable post or employment, I shall admit to
be a hfirdsliip upon the man so excluded ; but as it is
absolutely necessary for tlie preservation of our esta-
blished cJiurch, to exclude those v.ho think it their duty
to destroy it, from any share in the executive part of our
government ; therefore this exclusion can no more bo
called persecution, than it can be called oppression to
A. D. 1736.] SIR ROB.ER,T \VAJ.]^OLE. 411
exclude, ^lonjurors from ai\Y share of our government exe-
cutive or legislative ; nor can such exclusion be deemed a
punishment in the one case any more than in tJie other.
In the supposed case of a brave dissenter's being ad-
vanced tq the command of a regiment, I sliaJl grant that
it would be a great hardship upon hiui to be turned out
x){ his command, and to be exptjiscd to a starving con-
dition, upon bis return to his native country ; but the
same case may be supposed with respect to a .Roman
catholic gentieman ; yet there would be no persecution
in eitiier case ; because the excluding of all such men
from any command in our army, especially here at
home, is, I think, absolutely necessary for the preserva-
tion of our constitution in the happy state it is in at
present : nor could such an exclusion be called a punish-
ment upon the man so excluded, no more than it can be
called a punishment upon a man of five foot and a half
to be excluded from being a soldier in the guards ; for
neither of these exclusions proceeds from any crime or
fault in the man, it being as impossible for a man to alter
his opinion when he has a mind, as it is to add two or
three inches to his stature when he has occasion for it ;
but as the latter becomes neceisary for the saive of pre-
serving the beauty and synnnetry of a regiment, so the
former becomes necessary tor the sake oi preserving the
beauty and symmetry of a society.
The argument raised from the supposed abuse of the
blessed sacrament of the Lord's supper, is founded upon
a fact which I cannot admit ; for as there is notinnij; in
this law that can compel the admission of an unw orthy
person ; as the ministers of our church may refuse to
admit any person to that sacrament, \\l.o dujs not de-
voutly and humbly desire it, or Un- any otl^er lawful
cause, [See Statute j, Edward VI. C'''.ai). 1.] J must
presume no unworthy persons arc adnii.Led ; or at least,
it there be, it does not proceed irom any fault in this or
any otlier of our statutes, but from the criniinal and irre-
ligious neglect of tliC niiuioter who admits them.
412 MR. HOLDEN. [a. "D. 1736.
As to the unity and peace of our people, I am per-
suaded, sir, the repeal of this law, and another which I
believe is likewise intended, would raise most terrible
disturbances and confusions ; for with respect to all
posts and employments that go by election, we should
have all the dissenters combining closely together to
bring in their friends, which would of course breed many
riots and tumults. And as to our trade, it depends so
much upon the peace and tranquillity of the nation, that
if we have a mind to preserve it, we ought not to make any
new regulation or repeal any old, if by so doing we run
the risque of raiding heart-burnings and jealousies among
our people.
MR. HOLDEN.
His Speech on the same Subject^
Sir,
I siiATL take up very little of your time in replying to
what has been said j for in my opinion, the arguments
for the motion have been enforced by what has been said
by way of ans^\er to them.
If the hardships imposed upon the dissenters, by the
Jaw under our consideration, are greater than what are
absolutely necessary for preventing its being in their
jjower to destroy the established church, it must be
granted, from wliat has been said on the other side of the
question, that this law is a persecuting law. Now, sir,
to determine this question in the athrmative, ^\e need
have recourse to no other nation but Scotland : "with re-
gard to that nation, ^vc know that the Presbyterian re-
A.D. 1736i] MR. HOLDEN. 413
ligion, which is here one of our dissenting religions, is
there the established ' church, and what is here our
established church, is there a dissenting religion ; yet the
established church in Scotland have never thought it
necessary, nor does it appear to be necessary, for their
preservation, to exclude their dissenters fi'om all posts
and employments in the executive part of their govern-
ment, nor have they any law for such a purpose 3 but on
the contrary, some of their judges and magistrates, and
many of those in posts and employments in that king-
dom, go openly, and in the most solemn manner, to the
episcopal or church of England meeting-houses ; and
though this practice or indulgence has been continued
for many years, and continues to this day, yet the esta-
blished chuich in that country is so far from being in any
danger of beino; overturned by what is there the dissent-
ing interest, that the former is daily gaining ground upon
the latter ; which evidently shews tiie great weight and
effect of a legal establishment, with respect to religion,
when the minds of men are not irritated by any unneces-
sary hardships put upon them. I could likewise in-
stance Holland, and several other protestant countries,
to shew, that rendering dissenters incapable of serving
the crown in any post of honour, trust, or profit, is a
hardship put upon them, which is so far from beinji abso-
lutely necessary, that it is not at all necessar}^ for pre-
serving the established religion of any country ; and
therefore this hardship must in the strictest sense be
called persecution, even according to the meaning put
upon it by tlie honourable gentlemen, wiio have spoke on
the other side of the question.
Vv'ith respect to nonjurors and Roman catholics, the
hardships put upon them are not for the sake of a
scruple of conscience in any matter of a religious
concern, but because they me enemies to the state,
and to the present happy establishment ; but I am
siupriscd to hear it said that the rendering of theiii,
or the dissenters, incapable of holding any post of
414 ' iiR. nbtt)E^. [A.i). 1755.
honour, trust, or pro^t liWder the crdwh/'is no pulirsn*
nient, when I consider that that very punishment has
often been inflicted by parliament, as one of the greatest
punishments they could inflict upon crimes of a very high
nature. Surely this legal incapacity must be looked
on as a punishment upon both, but with this diflference-^
that upon nonjurors or Roman catholics it is with great
justice inflicted, but upon dissenters it is inflicted without
any occasion, no party among the latter having ever yet
been suspected of being enemie to our present esta-
bliiihment, unless the rejecting of this motion should
make them so. I am sure every gentleman that hears
me must 2;rant, that there is some difference between a
capacity of being a soldier in the guards, and a capacity
of holding any post or preferment under the crown : the
guards are tlie king's o\\ n servants, and every man may
choose w hat sort of servants he has a mind ; therefore no
man has a title to any capacity of being a soldier in the
guards ; but every subject has a title to a capacity at
least of sharing in the honours and preferments of his
country, and that capacity ought not to be taken from
him, but by way of punishment for some very hisjh crime
or misdemeanour; for it is a punishment so dishonour-
able and severe, that Ave never find it inflicted by our
la^vs upon crimes of an ordinary nature.
I shrill grant, sir, that a minister of the established
church is not, by any express words in this act, ordered
or compelled to adnnnister the sacrament to an unworthy
person, Avho desires it only for tiie sake of enabling hini-
sclf to hold a beneficial employnicnt ; but if, a minister
of the church of England should refuse to administer
the sacrament to any person, upon such occasion, and
that person should by means of such refuhal l(jse his post,
or only a. year's salary, he might bring his action at
common law upon the statute of king I'.dward VL
against such minister, and Mould recover sreat da-
mages, if the court should not apj)rove of the minis-
ter's reason for refusing to administer the sacrament
A.D. 173^.1 MR HOLDEB. 415
io the plaintiff : whereas, before the receiving of the
sacrannent was made a ((uahHcation for a civil employ-
ment, no such plaintiff could have recovered any con-
siderable damage ; nay, I doubt if he could liave re-
covered any damage at all ; for he could iiot probably
have proved any temporal damage b}' his not receiving
the sacrament when he desired it ; and I do not sec
how a jury could pretend to put a value upon the spiri-
tual damao;e he might pretend to have received. Those
laws theretbre, which have made the receiving the sacra-
ment a qualification for a civil employment, have sub-
jected all the clergymen of the church of England to a
v3ry great difficulty ; because they are by those laws, and
by those only, subjected to the danger of ha\dng such
damages given against them as may ruin them and their
families for eter, in case they refuse to adniinister the
sacrament to a person whom they know to be a most
profligate and im|)enitent sinner : for this a minister of
our church may be fully convinced of, and yet it may be
impossible for hitii to make the same appear to a juiy.
To pretend, sir, that if those incapacitating laws were
repealed, the dissenters would combine closely together in
all elections, and that these combinations would occasion
terrible disturbances, is contradicted by experience is
contradicted by experience in England as well as Scot-
land ; for though many of the dissenters in England do
communicate sometimes with the established church, and
in consequence thereof become candidates from time to
time, for almost every elective civil post in the kingdom ;
and though the dissenters do generally join pretty una-
nimously upon such occasions, I believe more unani-
mously than they would do if these la^^s were repealed,
vet we find it never produces any disturbances. And in
Scotland, where the dissenters from their establislied
church are under no incapacitating laws, we find that
the disputes about elections never produce any distur-
bances between the two religious parties in that king;.
dom ; although it must be granted that the people of
41^ EARL OF CHESTERFIELD. ' [a. D. 1737.
that countiy are as violent in all their desires, as bold
and enterprising in their designs, and as turbulent under
disappointments, as the people in any country, I believe,
upon the face of tlie earth. We must therefore from ex-
perience conclude, tiiat the repeal of those persecuting
lavs, which, to our misfortune, are still in force in this
kingdom, would confirm rather than disturb our present
tranquillity ; and it would certainly increase our trade,
because it is not to be questioned but that a great many-
more rich foreign merchants would come over and settle
among us, if they could enjoy all the privileges of Eng-
lishmen without chandng their religion : whereas, while
those laws remain unrepealed, a few foreign tradesmen
and mechanics may perhaps come over ; but rich and
opulent foreign merchants ^^ill neither come nor stay to
settle theu' families in this kingdom, when they- consider
that neither tliey nor their posterity can aspire to any ho-
nour or preferment, unless they make a sacrifice of the
religion of tlieir ancestors.
EARL OF CHESTERFIELD.
His Speech on the Play-house BilL
My Lords,
The bill now before you I apprehend to be of a very
extraordinary, a very dangerous nature. It seems de-
signed not only as a restraint on the licentiousness of the
stage, but it ^vill prove a most arbitrary restraint on the
liberty of the stage ; and, I fear, it looks yet farther ; I
fear it tends to\\ards a restraint on tlie liberty of the
press, v\hieh ^\ill be a long stride towaVds the destruction
A. r>. 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<? a libel upon
the governincnt, or upon any particular man, the kings
courts are open ; tlie law is sufficient for punishing the
orieiidcr, and in this case the person injured has a sin^
gular advantage-^he can be under no difficulty to prove
who is the publisher ; the players themselves are the pub-
lishers, and there can be no want of evidence to convict
tliem.
But, my lords^ suppose it true, that the laws now in
being are not sufficient for putting a check to, or pre-
venting the licentiousness of the stage ; suppose it abso-
lutely necessary some new law should be made for that
purpose; yet it must be granted, that such a law ought
to be maturely considered, anrl e\'cry clause, every sen-
tence, nay, every word of it well weighed and examined,
lest, under some of those methods presumed or pre-
tended to be necessary for restraining licentiousness, a
power should lie concealed, which might be afterward^;
made use of for giving a dangerous wound "to libert}'.
Such a law onght not to be introduced at the close of a
session, nor ought we, in the passing of such a law, to
depart from any of the forms prescribed by our ancestors
for preventing deceit and surprize. There is such a
connexion between licentiousness and liberty, that it is
not easy to correct the one, without dangerously wound-
^iis the other : it is extremelv hard to distincruisL the true
liaiit between them : like a changeable silk, we can easily
:i^:e there ai-e two different colours, but we cannot easilv
e 2
420 EARL OF CHESTEIiriELD. [a. D. 1737
discover where the one ends or \'\ hero tlie other becnns.
o
There can be iio great and immediate danger from the
licentiousness of the stage : I liope it will not be pre-
tended, that our government may, before next winter,
be overturned by such licentiousness, even though our
stage were at present under no sort of legal control.
Why then may we not delay till next session, passing any
law against the licentiousness of the stage : neither our
government can be altered, nor our constitution over-
turned by such a delay; but by passing a law rashly and
unadvisedly, our constitution may at once be destroyed,
and our government rendered arbitrary. Can we then
put a small, a short-lived inconvenience in the balance
with perpetual slavery ? Can it be supposed, that a par-
liament of Great Britain will so much as risk the latter,
for the sake of avoiding the former ?
Surely, my lords, this is not to be expected, were the
licentiousness of the stage much gieater than it is, were
the insufficiency of our laws more obvious than can be
pretended ; but when we complain of the licentiousness
of the stage and of the insufficiency of our laws, I fear we
have more reason to complain of bad measures in our
polity, and a general decay of virtue and morality among
the people. In public as well as private life, the only
way to jnevent being ridiculed or censured, is to avoid all
ridiculous or wicked measures, and to pursue such only
as are virtuous and worthy. The people never endeavour
to ridicule those they love and esteem, nor will they
suffer them to be ridiculed: if any one attempts it, the
ridicule returns upon the author; he makes himself only
the object of public hatred and contempt. The actions or
behaviour of a private man may pass unobserved, and
(onse(iuent]y unapplauded, uncensured ; but the actions
of those in high stations, can neither pass without notice,
nor will lout censure or applause; and therefore an admi-
nistration without esteem, m ithout authority among the
people, let their power be never so groat; let their power
be never so arbitrary, m ill be ridiculed: the severest edicts .
A. D. 1737.] EARL OF CIIESTERFIEI.I>. 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 <jivin<: a sanction to a mea-
sure, and utterly rejecting it. By our agreeing to the
afldress as anicnded, we only give the ministry to under-
stand, that we are surprized they should venture on a
manner of negociating that has been ah'cady so detri-
mental to the natioii : but we don't at all profess, that we
are resolved to Liisapprove of it, if, contrary to what we
apprehend, there should be some peculiar advantages in
tills nej;ociation, that may reconcile it to tlie interests of
the king loin. Tui?, mv lords, is tlie light in which I
viev,- the opposition that U made to tiie address
VOL. I. F f
43 }< DUKE OF BEDFORD; [a. D. 1738-
proposed by the noble duke. And, my lords, by agree-'
ing to the amendment, we don't go the length that par-^
liaments used to go in former times. Formerly, my
lords, when a speech was made from the throne, a par-
ticular day was appointed by parliament for taking that
speech into consideration, and in the mean time a com-
mittee was appointed for entjuiring into, and drawing up
a state of the grievances of the nation. And, my lords,
these grievances were presented to the throne before
tliey returned their address of thanks, which was always
qualified according to the hopes which the crown gave
them of redressing these grievances. My lords, no man
who understands the history of England, will say that
our forefathers were either wanting in the duty they
owed to the prince, or in their concern for the liberty
of the subject. And, my lords, though the liberty of
the subject tnay now seem more secure from the en-
croachmejits of the crown than it was formerly, yet the
example of oiu* wise ancestors cannot be too closely imi-
tated, especially when we are apprehensive of any of
those grievances under which they laboured. For these
reasons, my lords, 1 am for the amendment.
PHILIP YORKE,
( jlfterzcards earl of Ilardu-kke,)
Was born Hi.OO, died 17C4. lie was brought into parliament for
I.ewes in Sussex in \7\^. In 17>'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 comin<T up to us Just now; if you
ask tlie same question of him he'll perhaps hold his
peace, and then you'll think he's in the- secret: but if
he opens once his mouth about it, you'll find he knows
as little of it as I do.' My lords, it is not being in
privy council, or in cabinet council ; one must be in
the minister's council to know the true motives of our
late proceedings. For my own part, my lords, I can
only guess at them, but I have disapproved of them these
eighteen years ; I have disapproved of them in public, in
private, and in all com])anies. Therefore, my lortls, what
I speak upon this occasion, I s{)eak it as a citizen of the
world, and not as a privy counsellor. I speak the lan-
guage of an honest and unprejudiced heart, and what I
can answer for to my king, my country, and my God.
So far, my lords, as I can judge from the tenour of
our late behaviour, our dread of France has been tlie
spring of all our weak and ruinous measures. To this
dread, my lords, we have sacrificed the most distinguish-
iui; lionours of this nation. This dread of France, mv
lords, has changed every maxim of right government
among us. There is no measure for the adrantago of
this nation tiiat has been set on foot for these many veiu<,
to which she has not given a negative ; tiiere is no mea-
sure so much to our detriment, into which she has not
led us. -Your lordships may remember, for it happened
but a few years ago, that a French ship came into one of
our harbours ^ith all her sails up, and her pendants tir-
ing; aqd an English officer, wtio was but a lieutenant, of
one of our men of war, fired at her to make her salute
his majesty's ship. Your lordships, I am sure, have not
forgot what ^vas the consequence : the lieutenant, for
barely doing his duty, and which if he had not done he
must have been broke, was discharged the service. It
is true, my lords, he v/as afterwards preferred, but not
be^forc wr, in order to gratity that haughty court, hud
submitted to ihe infamy of breakinji him.
442 THE DUKE or argyle. [a. d. 1740-
Here, my lords, was an instance wherein Great-Bri-
tain gave up the point of which she always has been, and
always ought to be the most jealous 1 mean the honour
of her flag: and not only so, my lords, but punished a
brave officer for doing his duty in our own harbour. He,
jny lords, had no discretionary power, he acted in ab-
sence of his captain, he acted by sea-rules; and yet
these rules were broken through in order to pacify that
court. Why, my lords, should our ministers shew so
much complaisance to other nations, and bear so little
affection to our own ?
But, my lords, it is not punctilio and form only, that
we give up to France ; I am afraid we sacrifice more sub-
stantial points to please her. I am afraid my lords, the
convention is a French measure. For I can never be
persuaded that our fear of aught that can possibly hap-
pen to us from Spain, could induce us to agree to this
thing, you call a convention. It is the interest of France,
that our navigation and commerce should be ruined ; we
are tlie only people in the world, whom they have reason
to be apprehensive of in America; and every advantage
that Spain gains in point of commerce, is gained for her,
'J'herefore, my lords, we are not at all to be surprized,
if she takes great pains to bring about a measure of this
kind. But, my lords, tliey looked upon their work as
but half done, when this measure was concluded j it
must be ratified too, in order to put the parliament un-
der greater difficulties in censuring it. Accordingly, be-
cause it scenjs the slowness of the Spaniards could not be
brought to sion it time enouffli to ^et it ratified before
the meeting of parliament, the session was put off for
fourteen days. lliis brings his majesty's name and
jiuthoritv into question; for they thought that a great
nvduy might be dissatisfied with a bad treaty concluded
by the minister, who MOukl put upAvith it, if conlirmed
by the king. But, my lord;-, the treaty was of the mi-
nister's making ; and if miijisters make bad treaties, they
should answer for them. Our law has most excellently
A. D. 1740.] THE DUKEOF ARGYLE. 443
established it as a maxima That the king can do no wrong,
1 he reason ot this, my lords, is plain ; because the con-
stitution 1ms provided a proper council, who shall advise
with the king as to the executive part of government :
and it is, my lords, always to be supposed, that the per
sons who codipose that council, are well skilled in the
laws, the constitution, and the interests of their coun-
try. Theretore, my lords, if any wrcng is done in the
government, it is presumed to be done by those who ad-
vised the king. It is true, the nature of our constitution re-
quires that public acts siiould be issuer! out in his majesty's
name ; but, for all that, my lords, he is not the author of
then}. Therefore the publication of this treaty in his
name ought not to indemnify the authors, or to make us
swallow what we can never digest.
The approbation of this treaty is brought in by May
of an address of thanks to the crown, and is, it seems,
no more than a compliment to his majesty. A compli-
ment for what, my lords? For making this convention?
His majesty did not make it, the ministry made it. This
address, therefore, will tell the world that wq return
thanks to tiiC minister for this convention, which gives up
the security of our trade, and puts us in the power of oiu-
natural and hereditary enemies. Let who v^ili ap[)iove
of such a measure, I never will.
The noble lords who have spoken for this address,
appear to have studied the point. It is no easy matter
for one, who speaks occasionally, to ansv.er tiiem. My
lords, I don't trouble mysell about little niceties at hI dis-
tinctions ; about a riijht and the exercise of a right, lor
v/hat end do we enjoy a right, if we cannot exercise it?
Do we pretend to hinder the Spaniards lioiu searching
our ships, when found in their ports or harbours, which
is the utmost they can claim by treaty ? My lords, Ave
don't. Do the Spaniards suffer us to exercise that otiV
natural and undoubted riijht, of sailing unmolested on tiu*
open seasr No, my lords, they don't; so that tiie question
is not about right, or the ntanner in which a ri^h! is
uxerciicd, but betwixt an unreajionabic clahn and uii un-
444 THE DUKE OF ARGYLE. [a. D. 1740.
doubted privilege ; betwixt an oppressive usurpation and
a lawful title. There is, indeed, another part of the
doctrine preached by the reverend prelate, which admits
of a very wide difference, though his lordship has been
pleased entirely to suppress it ; and that is, the dift'er-
cnce betwixt a visit and a search. Visiting a ship, my
lords, is, when a ship of any force accosts a trading ship
of another nation, and sencls five or six persons at most
in a long-boat, in order to visit her ; that is to say, to en-
quire w^hence she is come, whither bound, Avhat she has
on board, and how long she has been at sea. To all
these the master must give explicit ansAvers; and if the
captain of the visiting ship still doubts, he may call for
his ship's papers, and bills of lading ; but has no right to
insist any further. If he dpes, my lords, he commits an
act of piracy. A search, on the other hand, is a rummag-
ing the cargo with an intention to confiscate; and this,
my lords, is what no treaty betwixt Spain and us sub-
jects our ships to. This, my lords, is what no nation in
Europe will suffer from another, and we ought, least
of all, especially from tire Spaniards. It is shameful
that we have suffered it so long. If we suffer our seamen
to be insulted or interrupted, we give up the honour of
the nation, we give up alt that formerly gave us success,
conquest, and glory.
People, my lords, talk of Cromwell, that he was an
usurper : I don't deny that j but he still had many valua-
ble qualities, and wanted nothing but a law ful title to have
made him one of the greatest men that ever governed
this nation, lie, my lords, had one maxim from which
tie never deviated; and that was, never to suffer even the
ajipearance of an insult upon this nation to pass unob-
served. Notwithstanding, my lords, his disputed title to
the government, a formidable opposition at home, and
powerful alliances against him abroad, he kept up the
dignity of the sovereignty, and carried the reputation of
the British ting to as gieat a height as ever it has been car-
ried. He, my lords, had to do with three powerful states,
France, Holland, and Spain j each of them more power-
A. D. 174G.] THE DUKE OF ARGYLE. 445
ful than they are now : but, my lords, he never entered
into any inglorious treaty, he never submitted to any igno-
mhiious terms. .:
lie told them what he was resolved to have, and what
he would do, if he had it not. This positive way of pro-
ceeding, my lords, eftected all the nation cwdd desire :
for wc don't find in history, that any power was so bold
as to slight his menaces ; they knew him too well to take
him for a bully ; he never fitted out any armaments, eitlier
by sea or land, with which he did not strike some decisive
stroke. I will tell you my lords, one instance : when the
Spaniards htted out a fleet to conquer an isle in the Me-
diterranean, for want of provisions of tlieir own, they
seized upon corn tliat belonged to a British subject, to the
value of 30,0001. On our consul's remonstrating against
such a procedure, they clapped liim in prison. What did
Cromwell do upon this? Did he send plenipotentiaries^
at a great expence to the nation, to examine into the na-
ture of the complaints on both sides .? Did he patch up a
convention for regulating the grievance? No, he ordered
his resident at that court to tell them in plain terms, that
he gave them so many days to considci", if they would
make him satisfaction (upon the terms, my lords, which
he himself prescribed), and if they did not in the time li--
mited, that he avouUI come with his squadron and demand
it, upon tlicir coasts, from the mouth of his cannon.
This blunt s{)eech had its desired effect ; tiie Spaniard.^*
knew whom they had to deal with; therefore they did
not treat, but submit.
Supposing, my lords, we had acted with the same
spirit, do not yum- lordsliips tliink it would iiave had the
same efl'ect? And why did we not act w ith the same spi-
rit? We are more poucrful now, than we were in the
tlays of Cromwell. The Spaniards arc breaker, and our
provocations are much greater now than they were at
th-at time. A\'hat insults, what bai barities, -what bre^iches
of faith have not the S[)aniards committed of late? They
Juave plundered our merchant'-'-, they have destroyed our
44^ tHE DUKE OF ARCrLE. [A. D. 1^40;
ships, they have murdered our sailors; nay, -what is niord
insufFerable, they have chained j they have tortured our
countrymen : a method of punishment this nation has
ever detested ; a barbarity, which even our worst male-
factors ^are free from, by undergohig a punishment in all-
respects more desirable ; that is, death itself. My lords,
it H'ill astonish posterity, that we have suffered all these
indignities, while we have a fleet able to defy not only
Spain and France, as I said before, but all the nations in
Europe.
It is said, my lordsj that we tiiay want Othei* forces to
carry on this Avar to advantage. It is very possible we
may; but has the parliament ever yet refused to comply
with any demand of that kind, when land-forces were ne-
cessary? I dare say, the parliament would allow 100,000
men, if there were occasion for them. But the misfor-
tune is^ my lords, that the nation, I am afraid, will not
be persuaded, even though these were raised, that \\q are
in earnest : people will think that our land-army will
continue as inactive as our fleets have hitherto been ; and
that our raining forces before we shew that we dare to
do ourselves justice, will but expose the nation to greater
inconveniencics, and enhance its expenccs.
Last year, a strong squadron was sent to the Mediter-
ranean, under the command of a gentleman, against
A\ honi, 1 am sure, nobody can have any exception. I
know him to be a brave officer, and that he has the interest
of his country much at heart. But, my lords, of what
use are all these qualifications to the nation, if his guns
are nmzzlcd, if his hands are hoimd up by his instructions
from tlie ministry r A\ hat service have the ships under
his command performed to his coimtryf What ends have
tlie vabt sums of money v.e have expended, served, if not
to weaken \is while we are inactive; so that we shall not
be able to furnish the necessary expence^ when mc shall
come to action? V. hat pica then, my lords, can there be
for not declaring war? Is it to avoid the profusion of
)noncy? Money, my lords, we daily expend to extrava-
A. D. 1740.] THE DUKE OF ARGYLE. 447
gant and useless purposes. Is it to avoid the profusion
of blood? No : yet you have suffered your own sailors to
be daily insulted and murdered. My lords, it is time
enough for us to shew our tenderness to Spam, when we
have revenged the wounds given to the honour of Great
Bntain.
JVIy lords, as I did not propose, and as I find myself
incapable, especially on this occasion, to speak, in order,
to every thing that has been suggested in this debate, I
shall take them just as they come into my mind. The
ditferences betwixt Spain and us are not of such a nature
as to affect only one set of men amongst us. It is not
our West-India merchants, my lords, alone, that must
.suffer, should we approve of this' convention. Give me
leave to say, that there is not a merchant of whatever
denomination in this kincrdoin, there is not a shop-keeper,
there is not a house-keeper, there is not a tradesman,
nay, there is not a landed gentleman in the kingdom,
whom it will not affect. Consider, my lorrls, that the
balance of our trade to almost all other places in the
world, except our own settlements, is against us. But a
noble lord has, I think, demonstrated, that if we approve
of this convention, we leave our trade and settlements in
the West-Indies, entirely to tlie mercv of Spain. What
resource can we then have for supplying the nation with
those necessaries of life, which we now import from our
own settlements, and which, if they are ruined, we must
have from otlier nations, in what nranner, and upon what
terms they please? Therefore, my lords, it is no wonder
if all ranks, and all degrees of men turn their eyes u[K)n
your lordships at this important juncture. It] I bay, thcv
look on their all as being at stake, if tiiey have expressed
some impatience under the api)rehen>ions 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<l what positive treaties re'j'iirc them to do ^ But; my
A. D. 1740.] THE i)UKE OF AAOYiE. 44^
lords, tlic worst is, that we have not even obtained that;
VI e have only brought them to negociate, and to give us
a treaty vvhere not one of these considerations has beeq
regarded. Tliis, it seems, proceeds from their obst^n
nacy ; Why tlien have they not been made to pay fojf
their o})stinacy ? Why should vve pay for it ? If they
had a mind to be obstinate again, and to refiise iq ful-
fil even tlie terms of this poor treaty, are we to be agaia
at the expence of 5 or 600,0001. onjy to bring them in*
to good humour ?
My lords, when I first heard this treaty read, t
thought it set out with a very bad air. The preamble
begins, Whereas differences liave arisen; it dops not say,
justly or unjustly. But what differences, my lords?
tliat \\ ord always implies a disagreement of opinion, be-
twixt two paities, with at least a shew of restson,; and
an appearance of equal provocation on each side. But,
my lords, is that the case betwixt us and Spain ? Ha^
she been able to justify lier depredations, either by th^
law of nations, or tenor of treaties ? No; the noble lord,
and tiie reverend prelate Avho spoke so fully in her vin-
dication, have not, I think, given us an instance of a
legal capture of one ship, among all tlie numerous
instances complained of, even admitting that they have
a right to search in the ma,nner the reverend prelate has
pleaded for. I must therefore confess, I was very
much surprised to licar a noble lord explain tiie pream-
ble to this trcatv, in the manner he did, as a proof of
the willingness of the court of Spain to adjust all dif-
ferences betwixt us and them, on an equal footing. Had
we taken as many ships from the Spaniards, as they have
done from us, I should have had no objection to tliis
preamble ; but, as it sliinds, it puts the two nations up-
on an ecjLiality of losses, though one has been the con-
stant aggressor, tiic other the perpetual sutFerer.
The other particulars of this convention have been
already so fully spoken to, that I think it unnecessary
VOL. I. (i S
45(> 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 ov<Tlays the continent of Europe,
and benumbs its lethargic energies.
His Speech o?i the Address.
Sir,
As our duty to our sovereign makes it necessary for
us to return some sort of address by way of answer
to his speech from the throne, at the opening of a ses-
sion, and as this practice has been establisiied by imme-
morial custom, I should not think it necessary to give
you any trouble, or to say any thirtg in support of the
motion 1 am to make ; but the present conjuncture is
so critical, and the services his majesty ha^ lately ren-
dered, even at the risk or' his sacred life, are so extraor-
dinary, and have been attended with such happy conse-
quences, that I cannot rise up, upon this occasion, ^vith-
out taking particular notice of them; therefore i hope
I shall be excused, if I introduce my motion witii my"
sentiments upon that surprising turn wnich has been
lately iiiven to the affairs of Europe, by his majestv's
wisdom and conduct.
In order to do this, sir, I must begin with observ-
ing the dismal prospect we hfid of the aifairs of Europe
VOL. I, H h
4>66 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!r<iiiv, and to establish, ui;on
a more solid ba-,-ifj the alliance of the kinij; of ^Sardinia,
A. D. 1743.] HOX. EDWARD COKE. 469
in order to drive the Spaniards entirely out of Italv : for
which purpose, it was requisite to obtain the liearty con-
currence of the Dutch. These things ^yere to be the
work of the next campaiiin, and therefore, as eaily as
the season would permit, the anny which had been
formed in Flanders marched into Germany, and his
n^ajesty not only joined it with a considerable body of
his electoral trooj)s, but went in person to conimaml the
army ; and, by his valour and conduct chiefly, the glo-
rious victory at Dettingen ^ras obtained, wliich com-
pelled the French to evacuate Germany, and not only
put the queen of Hungary in possession of all ]>avaria,
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-<idet.
Thus, sir, it is evident, that forfeitures were in u.se
umonii; the Saxons; and that tlicy have been constantly
in use since tiie conquest, not only in treasons but in fe-
lonies, so far as lelates to goods and chattels, no man
ran (l(,'ny ; therclore tlicy nnist he allowed to be conso-
nant to our laws, ancient and modern; and that they are
not inconsistent with the freedom of our constitution.
A. D. 1744.] SIR DUDlEV RYDER. 477
experience itself must bear witness ; for avc have hitherto
preserved our constitution entire, and I doubt much if
ve shall be able to do the same, should forfeitures of
all kinds be abolished ; for it is certain, that nothing can
be of more dangerous consequence to the liberties of a
free people, than frequent civil wars. The first civil
war that happened among the Romans, was that which
they called the mc'tale hclluin^ or the wax begun by the
several people and cities in Italy, whom the Romans,
that is to say, the citizens of Rome, would not admit to
an equal share in the government with themselves. How
long did they preserve their liberties after the com^
mencement of this civil war? Not much above sixty
years ; for this war began about the year 660 after the
building of their citv, which was their a^ra : and Au^rus-
tus Caesar, after the battle of Actium, Mas connrmcd m
the absolute government oi that vast empire in the year
725, of the same n-ra. And even in this kingdom, a
civil war has, more than once, put an end to the free-
dom of our constitution ; for the civil war between the
houses of York and Lancaster, establislied what I may
very properly call an absolute government in the person
of Ht-nry the Vlllth ; and the civil war between Charles
I. and his parliament, established an absolute go-
vernment in the person of OliverCromwell. Ir is true,
as our constitution is more perfect and better contrived
than tliat of the Romans ever was, it has hitherto ahviivs
recovered itself; but considering^ the change in the man-
ners of our people, if it should hereafter be overturned
bv a civil war, I ani afraid it will never recover; there-
fore, there is no evil we ought to guard more cautiously
against than that of a civil \\\w\ whicli brings me to con-
sider the end. or design of punishment, and in particu-
lar, of that punishment called forfeiture.
Sir, tlie chief end of all punisliment ought to be, thn
gfiK'ral good of mankind, oi' of societv. For this end,
public punishments have Ik/lui introduced; ana those
crimes which bring the greatest mischiefs i![}'jn man-
^8 SIR DUpLZY RYDER. [a. D. 1744-
kind, or upon society, oqglit to be punished in the se-
verest niajmer, tit Uitimpana tnc/u.f .sit Viultorum, and
tit pee na' gcucredeterrcri crt/eri pos^int. llebcliion, or
treason, is, of all others, the crhne \\liich brings the hea-
viest mischiefs upon society, especially when a civil m ar
is thereby kintlled in a cour^try ; thcrciore, in all ages and
all nations, this crime has had the severest punishments
inthcted upon it, and, geiicrally speaking, in all countries
us well as this, the postci'ity of traitors have been re-
duced to the lo^vest state of atiy subject; nay, in most
countries, have been rendered incapable of honours or
preferments ; in order that tliey might be lasting exam-
ples of terror to others, for preventing their being guilty
of a crime that niiglit reduce their posterity to the same
\\ retched state. This is the end of torfeitures and cor-
ruption of blood; and though tlicy arc punishments in-
iiicted upon treason, they are not punishments upon the
innocent children, no more than it is a punishment upon
a child to be born of indigent parents, or of parents that
are slaves. In both cases they are misfortunes only;
and the misfcHtunes which the children labour under,
are, in both cases, of great service to society. \Vhen
\ve see the niisfortunes that ciiildren born of slaves
lahour under, it intiames us witli a love ot liberty; when
v\ e see the misfortunes that cliildren born of indigent
p.arents labour untler, it promotes our industry and fru-
galilv; and when we see tiic uhsfortunes that chiluren
horn ul' traitors labour imder, it nlakes us the more cau-
tious of beino; guilty of the like crimes. The execution
of a traitor is a iieeting example, which is soon forgot;
Ijutthe misfoi tunes of his posterity are a pcrmaueni; e\-
;j:].|;:e, A\]iich ii^anv have continually before their e3'es;
and as this pennarient example certainly contributes to
tlic jn-cvc.iting of civil wars, it must, in my oj^inion, con-
tiii'MLO to the security of tiie hapjn" constitution we now
li\e undei\
^\'h(ther we should ever allow the piuiishm nts
V, hi;.-!i produce these pernranent examples to be abc-
|i. D. 1745.] WILLIAM PITT. 479
lished, is a question, sir, that I sliall not take upon me
to deteiininc, nor is tiicre any necessity for my giving
my opinion upon it at present; but this I am very sure
of, that we should not allow these punishments to be
abolished during the life of either of the pretender's
sons; because, while they live, there will always be too
many amongst us infected with an itch of rebellion ; and
all politicians, as well as lawyers, agree, that the greater
likelihood there is that a crime of any })articular sort will
be committed, the more severe ought the punishment to
be ; for the terror of the punishment ought, if possible,
to be made superior to the itch of conmiitting the cnmei
and as that itch of inclination will be stronger and more
general during the lives of the pretender's two sons than
we can suppose it will be afterwards, therefore we must
have, during that period, more severe punishments upon
treason, than may be afterwards necessary to be con-
tinued.
I hope, sir, I have now fully explained, and shewn
not only the justice, but the necessity of the amcndr
ments made by the lords to this bill; and tliercfore shall
conclude with moving, that this Ikmisc do agree to the
amendments made bv die lords to this Lili.
V> 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 <x'C\\^\\v^
4S0 iLiiASt MiT. [A.n.ifS,
the indepehclehcy of parliament, and as this amend*
mcnt seems to have a tendency ^hat way^ I think it
incumbent upon me to declare, tiiat if my advice had
been previously asked, I should have made use of all
tlie little rhetoiick I am master of, to persuade the
hon. gentlehicn riot to offer such an amendment at
Such a dangerous corijuri^ture.
Sir, I shall always be a real friend to anv reiiula-
tion Avhich may appear to me to be effectual for pre-
venting tlie fatal effects of corruption ; arid therefore, 1
f^hall never be for introducing any such regulation in-
to this house, nor shall 1 ever make or advise making
any motion for that pur[)ose, but at a p'foper season,
and Avhen, I think, there is at least a chance for its
being agreed to. We know well enough, sir, 'that all
such riiotions are, and I hope will ever be, the fa-
vourites of the people ; and therefore, we inay expect,
that they will sometimes be made by gentlemen, who
have no other design but to cast a slur upon the adminis-
tration, by obliging them to endeavour to get a negative
upon a popular motion ; but I shall never make any
motion with such a view ; and I cannot allow myself
to suspect, that tlic hon. gentleman had any such view-
in offering this amendment. At a time of so much
danger, at a time when our all is at stake, whatever
0})iiiion we may have of our administration, or of our
ministers for the time being, surely it is unseasonable,
at such a tim.e, to attempt any thing that may raise
discontents among the people, or lessen their confi-
dence in those who are placed in authority over them.
A\'hilst the nation is euiiaged in a most dangerous
and expensive foreign war, a rebellion breaks out at
home. Those rebels have already gained a victory
o%cr the kings troops, A\hich lias made them almost
wholly masters of one part of the united kingdom.
V>'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 <fentteman"s haviiuj; u suit broutilit against him'
for his whole estate: let 'the suit be never so ground
less, no man will give him credit till it be determinrd ;
and in the mean time be may lose an opportimitv of
maldng great inipro^ emenL-. The case mav I e tlie .-anie
496 HON. HORATIO W-AL^OtE. [a. d. 1749-
with this nation. As my worthy friend upon the floor
has already hinted, we have still several articles to settle
botli with France and Spain, relating to our commerce
and plantations. Could our ministers expect any suc-
cess in the negociations for this purpose, should they be
brought under, what I may call a parliamentary* prose-
cution ? And as both France and Spain feel as yet the
smart of the wounds they received irom our navy, if
those points are not settled wliilst that smart remains, we
may afterw ards find it very difficult, if not impossible,
ever to procure any settlement, without a new war. Both
these kiuiidoms have reason to dread the power of tliis
nation, whilst we are cordially united amongst ourselveg:
France owes its being to our divisions under Heni-y VI.
and its present grandeur to our divisions under Charles I.
and Spain owes its present low condition to our cordial
union under queen Elizabeth and queen Anne. As par-
liamentary enquiries have always fomented divisions in
this country, if any sucli thing should be now set on
foot, they will expect the same consequence, and will
haughtily reject the most reasonable proposals our minis-
ters can make. ,
The present is therefore, sir, the most improper time
we can choose for. enquiring into any late transaction,
vvcre lliere really a good ground for such an enquiry :
but when there is not the least ground ; when our mi-
nisters arc not so nuich as accused by common fame of
iiaving pursued any ^^ icked or weak measures ; when
tiiey have brought our enemies to yield up by a peace ail
the conquests they had made during the course of a suc-
cessful war, an enquiry would not only be groundless,
but madness ; for as to the insinuations thro\\ n out, as
if our success in the war had been defeatexi by the rival-
ship of two contending ministers, or as if any thing had
been neglected in the treaty of peace, on purpose to
shew the people of this nation, that they must not expect
any redress by entering into a wdv against the good
liking of some gentlemen ; they do not require any an-
A. D. 1749.] HON. HORATIO WALPOLE. 497
swer, because I know of no rivalship that has lately
been between ministers, nor do I know of any gentlemen
that were ever against entering into the war ; and after
wc had entered into the v.ar, it is evident from facts, and
confirmed by the large debt we have contracted, that we
did ail wc could to obtain success. It is manifest, that
we did not spai*e our money, and our enemies themselves
confess, that our troops did not spare their blood. If
our allies did not likewise exert their utmost strength, or
it their troops did not at all times appear so forward to
spill their blood in their country's cause, are our minis-
ters to blame ? Or, can this be a reason for our enquiring
into the conduct of our ministers ?
But it seems to be, some people's way of thinking, sir,
that every misfortune ouiijht to be charged to the account
of our niinisters : though in this country, ministers have
less power than in any other, yet wc seem to think,
they have more po^vcr than was e\'er granted by God
Aimiglity to any human creature. If an expedition be
disappointed by contraiy ^vinds or tempests, our minis-
ters arc charged vvith the disappointment, as if they had
command of wind and weather. If an enterprize fails
by tlie neglect or incapacity of the officers employed, our
complaints presently run hiiih against our ministers,
though cverv one kno\vs, that by the nature of our con-
stitution, our ministers arc often obliged to employ
otiicers, on whose care or capacity they have little de-
pendence. In short, some !>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<ulial.
A. D. 1749.] JOHN :,[ORTt)X. 501
In the first part of this argument, sir, I mdst fieaiti^*
avrree Avith those <Tcntlemen : we knoxv* how liable our
-common Imv judges were to ministerial influence, when"
their commissions depended upon mi;iisterial pleasure ;
and, therefore, I shall most readily allow, that the dan-
^T suixgcstcd by those gentlemen, is far from being
imaginary; but 1 cannot agree in the last part of their
a-igument; for I cannot suppose, that this danger will
be in the least o{)viated by the oath of secrecy proposed.
We know hon- little an oath is regarded by mankind,
when it happens to be inconsistent \\\i\\ their interest,
and when they may break it not only with impunity, but
advantage. No officer will, therefore, notwithstanding
this oath, suppose that his way of voting at a court-mar-
tial can bo hid from tlie crown, or the general, or minis-
ter for the time being ; consecpicntly, the members cf a
court-martial will still continue to be under the same
influence they are now. Nay, I think, they will be more
so; because, as their May of voting will by tin's oath be.
kept hid from the world, they will w ith the more freedom
abandon themselves to that influence, and ministers or
generals w ill witli the lesc restraint make use of it. At
})resent, or at least before this oath was introduced, a
man's way of voting at a court-maitial was publicly
known ; and if anv one v(;ted ag;iiii>;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 mischi<yis that may Im: iq
a great measure avoided hv the oath ot secrecy pr'ji";,-ril,
1 must first observe, that inhuman ah'airs it is iuipo-^sibie
to avoid every inconvenience, e\ery evil : all that humcui
\\ isdom can do, is to choose the least evil, -.md ii-jt to - x[;eoe
506 HENRY FOX. [a. D. 174^.
ourselves to a great inconvenience for the sake of pre-
venting a small one. After iiaving premised this, I shall
without hesitation agree, that the judges of every court
ought to he made as independent as possible. ^\'ith re-
gard to our common law judges, Ave have, since the
happy revolution, effected this as much, I believe, as
the nature of things will admit. But with regard to the
judges upon a comt-martial, it is impossible, it would be
absolutely inconsistent with the very nature of miHtary
service, to render them independent of the commander in
chief; therefore we hav^ reason to apprehend, that the
vote or opinion of gentlemen in a court-martial may be di-
rected by the influence of the commander in chieij when
he resolves to make use of his influence for that purpose.
How is this to be prevented ? No ^v ay I can think of,
but by preventing its being known how every particular
member voted ; and I wish any gentleman could suggest
a more efltctual method than that of an oath of se^^
crecy.
I am not at all surprised, sir, that gentlemen conver-
sant in the law should be of opinion, that mankind in
general are regardless of an oath. The suggestion is too
true, I believe, in all trials at common law, and all dis-
putes about private pro})crty ; but it is not so with the
officers of the army. Ihey must have a little more re-
gard to their character for honoiu', as well as courage,
than is necessary in common life ; and when the charac-
ter of an informer is tacked to perjury, they must have
a very great regard to the oath they have taken. This
will be the case with regard to the oath no^v under ton^
sideration : if any otiicer should, notwitiistandhighis oath,
disclose to the commander in chief, the vote or opinion
of any other officer upon a court-martial, he would he
lo(ykcd on not only as a perjured wretch, but also as an
infor:ncr : no gentleman ^vould then keep him company,
no officer would roll with him ; by which means he must
necessarily be driven out of tlie armv. Therefore it is
evidciit, that officers not only may, but will depend upon
A. D. 1749-] HENRY FOX. 507
their vote or opinion being kept secret from the com-
mander in chief, iis well as every one else; and conse-
quently, ^N ill not be so much under his influence, with
1 egard to any vote or opinion they may give in a court-
martial, as they were before this regulation was introduced.
As to the other mischief proposed to be prevented by
this oath, which is that of the heart-burnings and ani-
mosities raised among officers when their way of voting
at courts-martial is known, the honoiu'able gentleman
mistook, or forgot to mention the conseciiience of these
heart-burnings and animosities. It is not, sir, the perso-
nal danger to A\iiich oflicers may be thereby exposed, but
it is the prejudice it may be of to the service ; for when
there is not a cordial friendship among the officers em-
ployed in the same expedition, or upon the same com-
mand, it often occasions a miscarriage or defeat. 13ut
even that of the personal danger to which officers arc ex-
posed, deserves our consideration, and ought to be pre-
vented as far as possible. 'I'he case of officers giving their
opinion in a court-martial, and that of a Judge dehvcrhiii;
his opinion from the bench, is widely diit'erent. I'fie latter
may never, probably, converse, or be in comj)any w ithany
man he has offended by that opinion : he seldom appeals
but in a court of justice, or amongst his intimate friends i
and, consequently, cannot be much exposed to the re-
sentment of the man he has offended ; but an officer may
happen the very next day to be in company, perluqis scnjt
upon the same command, with the man against whom lif
\oted at a court-martial; and though such man mav not
seem to shew any resentment against him on that account,
he may pick a quarrel w ith him upon some other account,
and may put an end to his iite in a duel, without its he
ing possible even for a court-martial to determine, that
the duel proceeded from a secret resentment of a\ liat
tiie deceased had done at a court-nrartiiil; from whcnc^
v/' see, that it is iuiposhibie to pre\ent the fatal conse-
quences of such iicart-burnings and animosities anioriiji;
officers, any other v,ay tiian \>y 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-<i sort ot
civil employment, and would, I fear, be'to^ <^ftcn sold
to tlie highest bidiler ; which \\ould in n^iort time ren-
der our army little better than a comux^n militia.
^lJ> 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.
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