I /♦v Y i Q , . r .- . ) Ir'' A LIFE OP ANTHONY ASHLEY COOPER, FIRST EARL OF SHAFTESBURY. VOL. L ^^^ 's^n-f^^i^yZ'-c// n^ ^^'^f^'U, J^/:^>7/^- ayzay-Pti^'ru/ /|^ .^?& ^yC^t.^^u^, A /^ /-" // / ^/./L^r/L / A LIFE ANTHONY ASHLEY COOPEK, FIRST EARL OF SHAFTESBURY. 1621—1683. r.Y W. D. CHEISTIE, M.A., ruKHEKLY HEK MAJESTY'S MINISTEB TO THE ARGENTINE CUNFEDEBATloN AND TO BRAZIL. TWO VOLUMES. VOL. T. MACMTLLAN AND CO. 1871. lite Riaht of I'mmJation and Eeorodiidion is rcs€l•vell.^ LIBKAKY D M- UNIVEPvSr'^V { F '\MJF0RNIA U ^n SAISTA liAUBARA 55 C4 I/. TO THE S^bcntb l^arl of Sbaftcsburir, 11.6. THIS LIFE OP HIS CELEBRATED AND MUCH MALIGNED ANCESTOR IN ACKNOWLEDGMENT OF AID KINDLY GIVEN FOR THE WORK, AND AS A MARK OF PERSONAL RESPECT. a 2 PREFACE. I PUBLISHED, some twelve years ago, a volume of papers illustrating Shaftesbury's Life to the Eestoratiou, then intendihg €6"make a second similar volume with the papers which I had collected for the remaining and more important portion of his life. Several causes delayed the prosecution of the second volume ; and I ultimately judged it better to relinquisli it, and to prepare from the materials which I had acquired a connected biography of Shaftesbury. The first volume of this work contains, either incorporated into the nar- > rative or inserted in the Appendiees, all the important I materials of the volume of 1859.^ The remainder of 1 this work, after Chapter VIII. of the first volume, is j entirely new. The original materials for this Life of Shaftesbury have been chiefly derived from the following sources : — 1. The papers preserved at St. Giles's, to which the pre- sent Lord Shaftesbury has given me access. 2. The Locke papers in possession of the Earl of Lovelace. ' " Memoirs, Letters, aud Sjieeches of A. A. Cooper, first Earl of Sh.nftcsbury, Lord Chancellor, vith other Papers illustrating his Life. Edited by NV. D. Christie." Loudon, 1859. X PREFACE. 3. The papers of Mr. Thynne, afterwards Viscount Weymouth, nephew of Shaftesbury's first wife and of Sir "William and Henry Coventry, and cousin of Lord Halifax, which are at the Marquis of Bath's seat at Longleat. 4. The Archives of the French Foreign Office. 5. The Domestic Papers of Charles the Second's Eeign, in our State Paper Olfice. I have also found much material, hitherto unworked for the study of Shaftesbury's character and career, in the large collection of Diaries, Correspondence, and Biographies of Shaftesbury's time published in the present century. Truth is gleaned, and new light obtained, from casual notices in such works as the Diaries of Pepys and Evelyn, the Kawdon Papers, and the Diary and Correspondence of Henry Sidney, afterwards Earl of Eomney. The reader will see by my references in notes what great aid I have derived from the valuable work of M. Mignet, founded on the documents in the Archives of the Foreign Office in Paris, on the negotiations relative to the succession to the Spanish throne in the reign of Louis XIV., beginning with the Pyrenean treaty and Louis's marriage with Maria Theresa of Spain and end- ing with the treaty of Nimeguen and the marriage of Charles IL of Spain with Marie Louise, niece of Louis XIV.^ In this work M. Mignet has minutely traced the ^ " Negociations relatives a la Succession d'Espagne sous Louis XIV. ; on Correspoiiilances, Memoires, et Actes diplomati(|ues coiiceriiant les Pretentions et I'Avenenient de la Maison de Bourbon au Trone d'Espagne, a(;comi)agiies d'un Texte historicpie, et precedes d'une Introduction. Par M. JligiKit, Membre do I'lnstitut, &c." 4 tomes 4to. Paris, 1835. PREFACE. XI negotiations and intrigiies between England and France from the beginning of the reign of Charles the Second to the Peace of Nimeguen of 1678, and has given to the world a large important addition to the valuable mate- rials for the history of England in Charles the Second's reign, which were published in the last century by Sir John Dalrymple.' It is surprising that this im- porta'nt'worlc" of M. Mignet has been so little noticed and known in England. Its great size, and its being part of a very voluminous series of government publica- tions of original documents on the history of France, have probably stood in the way of general circidation. But there are few histories which equal this bulky work in attractiveness, for the documents are arranged with exquisite skill and connected by a commentary displaying all the graces of M. Mignet's charming style. I may mention that I have myself carefully examined in the French Foreign Office the despatches of the French Ambassadors in England for the years 1659 to 1665, 1669, 1672 to 1674, and 1679 to 1681. When engaged in examining them, in the year 1850, seeing the immense bulk of the correspondence, and finding it impossible to attempt to go carefully through the whole, I suggested to Lord Palmerston, then at the head of the Foreign Office, that it inight 1 " Memoirs of Great Britain and Ireland, from the'Dissolutiou of the last Parliament of Charles II. until the sea-battle of La Hogue." 3 vols. 4to. 1771, 1773, 1788. Xll PREFACE. be worthy of the consideration of our Government to incur a moderate expense for making complete copies, if the French Government woukl permit it, which might be rendered accessible in England to historical inquirers, or eren published to the world. Lord Pal- merston received the sug-Q-estion with his invariable kindness, and acted with characteristic promptitude. I was immediately authorized to incur a reasonable expense on the public accoimt, for the copies of the despatches from England of the reign of Charles the Second ; and Lord Normanby, then our Ambassador in Paris, was instructed to apply for the permission of the French Government. The permission was refused. A distinction was made between allowing individuals to make extracts by special permission and under the supervision of the Director of the Office of Archives, and allowing the publication of the whole series. I hope that this decision may yet be reconsidered. These despatches now belong to history. They are, alas ! the best sources for the history of English government during a period of humiliating memories, when the English Sovereign, some English Ministers, and many EngKsh legislators were the mendicant retainers of the French King, and when the chief business of the French Ambassador in London was the base one of bribing members of Parliament to worry the King, and bribing the King to resist the Parliament. Large extracts from these despatches have been published by Sir John Dalrymple, M. Mignet, and others ; and more PREFACE. XIU are published in this work. No reserve can now lessen the shame for both nations of the known flagrant corruption by Louis the Fourteenth of our King and public men. Some writers having cast discredit on Dalrymple's valuable work, and doubted the truth of Barillon's statements about money given to members of Parlia-" ment/ I wish to say that I have always found Dal- r3rmple's extracts correct and fair, that I believe him to be an honest, as he is unquestionably an able, writer, and that I can see no good ground for dis- believing Barillon's accounts of his disbursements, which not only leave untouched but place in a strong light the honour of Shaftesbury and Eussell, while they prejudicially affect the reputation of Algernon Sidney. - — — — — "* — """^ "The want of a Life of the First Earl of Shaftesbury has been often mentioned by historical writers. Shaftesbury has been indeed unfortunate in his fame. He lived"irrtimes"t)f"violent party fury ; and calumny, which fiercely assailed him living, pursued him in his grave, and still darkens his name. He lived in times when the public had little or no authentic information about the proceedings of members of the Government or of Parliament, when errors in judging public men were more easy than now, and when venal pam- 1 See the Introduction to the " Letters {of Lady ^Russell," &c. , 8vo. 1801, and Lord John Russell's "Life of William Lord Russell," chap. X. XIV PKEFACE. phleteers, poets, and playwriters drove a profitable ! trade in libels on public men. The power of Dryden's poetry eclipsed all the efforts of the ihTerior versifiers who battled for Shaftesbury and the Whigs : and the undying verse of the brilliant, but not conscientious, author of " Absalom and Achitophel " and " The Medal " has been a powerful cause of Shaftesbury's condemna- tion by posterity. Another of several causes has been " the willing credulity of Hume, a prejudiced friend of the Stuarts, whose attractively written History long swayed the public mind. The falsehoods of detraction have produced counter falsehoods of excuse and eulogy, and the result has been a great agglomeration of errors. It i will be seen from the first piece in the Appendices of this volume that Shaftesbury formed in old age the design of placing his own story before posterity, and vindicating his fame from the calumnies of contempo- j rary faction. He has left but a small fragment, which terminates at the moment of his entrance into public life, before attaining the age of twenty-one.-^ There is, ^ Mr. MartjTi says that a work, of which the fragment in Appendix I. of this first volume was only the beginning, was entrusted by Shaftes- bury, when he iled to Holland, to the care of Locke, who, after * Shaftesbury's death and Algernon Sidney's execution, burnt it from ' fear of the Court. (Life, i. jip- 3, 10.) He gives no authority forthese statements, and I am not aware of any. There is no reference to this story in any Life of Locke, nor in any of his published correspondence, nor in his letters existing at St. Giles's (among which, besides many to the grandson, the author of the "Characteristics," ai'e some wiitten shortly after Shaftesbury's death to his widow and his son), nor in any of the Shaftesbury papers, nor in the Locke papers which I have examined at the Earl of Lovelace's. Nor is there much reason to believe that Shaftesbury had regularly composed this work beyond where the fragment abruptly terminates. Itj is possible that the two short passages referring to events in 1640 (see pp. 35-6 of this volume), PREFACE. XV I think, no sufficient authority for the story of his Memoirs having been burnt by Locke. But there is no doubt that Shaftesbury's distinguished grandson, the autlior of the " Characteristics," cherished the hope that his ilhistrious friend and tutor, the intimate friend of Shaftesbury in his later life, would write a biography of his departed patron. There can be no doubt that Locke's powers of analysis, knowledge of human nature, and zeal for truth, applied to the portrayal of Shaftes- bury's character, which he had had great opportunities of studying, and to the history of his life and times of which he had personal knowledge, would have pro- duced a most excellent work. Boswell records a dictum of Dr. Johnson : " They only who live with a man can write his Life with any genuine exactness and discrimi- nation, and few people who have lived with a man know what to remark about him." Locke would have known what to remark. When Locke died, leaving only a small collection of crude materials, just enough to show that he had meditated a biography, there came for a moment a new gleam of hope to the grandson, piously attached to Shaftesbury's memory, that the work which Locke had failed to execute might be and the fragment of a narrative composed by Shaftesbury of events shortly before the Restoration, printed in Chapter VII., may have been intended for a continuation of the Autobiography ; but I am inclined to believe that the short narrative of events between Richard Crom- well's fall and the Restoration was composed about the time of the Restoration. The paper headed " The Present State of the Kingdom at the Opening of the Parliament, March 1679," printed in the second volume, in Chapter XVI., may have been a part of Shaftesbury's Auto- biography, but it is finite as likely to be a distmct memorandum. XVI PREFACE, undertaken by his distinguished nephew and exe- cutor, the future Lord Chancellor King. But here again came disappointment. ^ Tlie fourth Earl of Shaftesbury, the son of the author of the "Characteristics," who was born in 1711 and succeeded to the title in infancy in 1713, was very ' anxious, on reaching manhood, for a biography of his great ancestor and an effective vindication of his fame; and, shortly after he became of age, he placed all the materials in his possession at the disposal for this purpose of Mr. Benjamin Martyn, who had been recommended to him as competent for the task. Mr. Martyn was the author of a successful tra- gedy, called " Timoleon," now forgotten, and a friend of Dr. Birch, the well-known literary and historical in- quirer of the last century. He appears to have begun the work in the year 1734, and he was employed upon it for some years. The fourth Earl and other members of the family took an active interest in it; and there are many judicious notes by the fourth Earl preserved among Lord Shaftesbury's papers. Mr. Martyn's work, when completed, did not satisfy his j patron. It is evident that Martyn had no knowledge / of history, and no capacity for wTiting such a work. In the year 1766 the work was consigned by the fourth Earl to Dr. Sharpe, Master of the Temple, for improve- ment. The fourth Earl of Shaftesbury died in 1771 ; I his son then placed the manuscript in the hands of Dr. Kippis, the editor of the Biograjjhia Britaivnim. Dr» PREFACE, XVii Kippis appears to have made many suggestions. The work was then printed. No cobbling could make a I good book of a bad one ; and the fifth Earl was justly i dissatisfied with the performance, when in print. It i is stated that the whole impression was destroyed with the exception of two copies. One copy exists at St. Giles's ; another, having found its way into the hands of Mr. Bentley, the publisher, was edited in 1836 by Mr. George Wingrove Cooke, the author of the "History I of Party." ^ Mr. Cooke erred greatly in his estimate of | the value of the work which he edited, and in his own notes and additions to the narrative increased the stock of errors about Shaftesbury. One serious mistake made by Mr. Wingrove Cooke is in ascribing to Shaftesbury the authorship of a Letter on Toleration, which is among the papers at St. Giles's, and which he considers "an early sketch, from which Locke's Essay upon the same subject was afterwards filled up." Locke is undoubtedly the author of the manuscript at St. Giles's. I stated, perhaps too strongly, in the notes to the volume which I pubKshed in 1859, an opinion of the improbability of Locke's being the author of the small fragment of a biography, which has been printed in Locke's works with the title " Memoirs relating to the 1 " The Life of the First Earl of Shaftesbury, from original dociimens in the possession of the family, by Mr. B. Martjoi and Dr. Kippis, now first published. Edited by G. Wiugrove Cooke, Esq., author of •Memoirs of Lord Bolingbroke,' " 2 vols., 1836. Dr. Kippis's con- nexion with the work does not justify his being named as joint author. XVIU PREFACE. Life of Autliony Earl of Shaftesbury." ^ There are .some flagrant inaccuracies in that fragment for the period of the Civil War. The manuscript of the fragment, which is at St. Giles's, is in Locke's handwriting. Practically it is for the most part a series of statements relative to Shaftesbury's early life, of which Locke himself knew nothing, and which he probably jotted down from Stringer's information, as so much raw material to be afterwards worked upon ; and Stringer, though a per- fectly respectable man, is inaccurate, confused, and injudicious. It contains a few statements of opinions of Shaftesbury, which Locke learnt du'ectly from his conversations. In all else, I remain of opinion that Locke is not to be held responsible for the Memoir, found in his own handwriting, beyond his having written out for future study and use information given him by another or others. I have not been able to find among Lord Shaftes- bury's papers the rest, and doubtless the larger portion, of the Memoir of Shaftesbury by Stringer, of which a fragment for the years 1672 and 1673 is printed at the end of the second volume. It is clear that Martyn saw a longer Memoir, and took much from it for both the earlier and later parts of Shaftesbury's life. It would have been satisfactory to see the remainder of Stringer's Memoir, as no reliance can be placed on Martyn's judgment, and it may have been sometimes inaccurately represented by Martyn, or it may have ^ Locke's Works, vol. ix., p. 266, 3d edition, 1812. PEEFACE. XIX contained information which he has omitted to extract. But, on the other hand, it is clear that Stringer's accu- racy is not to he relied on, and that many of Martyn's errors are derived from Stringer. Of Shaftesburv^'s early life Stringer would have known nothing of his own knowledge. In the years 1672 and 1673, for which Stringer's Memoir is before us, he was in close connexion with Shaftesbury, being one of Ms Secretaries when he held the office of Lord Chancellor. He had been previously Shaftesbury's solicitor, and continued to be so after Shaftesbury's removal from the Chancel- lorship, and he remained a confidential friend till Shaftesbury's death. But Stringer's Memoir, even for this period, though containing much useful information and fundamentally true, as it is throughout honest, has many mistakes of exaggeration and imperfect judgment, which show that he is far from being an altogether safe guide. Stringer's Memoir was written about seventeen years after Shaftesbury's death, and twenty-seven years after Shaftesbury ceased to be Lord Chancellor. It was written when he was an old man, and his death, which was in 1702, may have stopped an unfinished work. He undertook to write the Memoir in conse- quence of the disparaging treatment of Shaftesbury in Sir William Temple's Memoirs, published in 1691. Lapse of time, failure of m'e"mdfy, and warm zeal for the good name of his departed patron, whom he loved, would have all combined to impair the value of a work written by a man who in his best days had no literary XX PREFACE. power, and of whom his widow ingenuously says that writing was not poor Mr. Stringer's talent.^ I have occasionally referred to a manuscript at St. Giles's, which is a vindication of Shaftesbury from the aspersions of Bishop Burnet in the " History of his Own Time," first published in 1724, and which was written by a Mr. Wyche, who had been an amanuensis in Shaftesbury's service. The manuscript bears the title, "A Vindication of the Character and Actions of the Eight Hon. Anthony late Earl of Shaftesbury, late Lord High Chancellor of England, from the Detractions and Misrepresentations of the late Eight Eeverend Gilbert Bishop of Sarum, by Philoecus." This Vindi- cation is more a dissertation than a biography : it is long, and unskilfully written : I have found it occasion- ally useful, but I have not thought it worth printing. Lord Campbell's Life of Shaftesbury in liis " Lives of the Chancellors" is freely criticised in this work. Those who have followed the criticisms on other Lives by Lord Campbell will not expect that his Life of Shaftes- bury should be one of great accuracy. It is perhaps one of the most inaccuraie. In the volume which I published in 1859, when Lord Campbell was alive and Lord Chancellor, I inserted a minute dissection of the first chapter of his Life of Shaftesbury, which covered the period from his birth to the Eestoration. It is a satisfaction to me to know that I criticised Lord ^ Letter of Mrs. HiU, Stringer's widow, to Lady Elizabeth Harris, Appendix VI IL of vol. ii. PREFACE. XXI Campbell, when he was alive, as freely as I do now after his death. I am more anxious now to offer to his memory the respect which I expressed for him when he was living ; and I therefore proceed to repeat the substance of observations which I made in the Preface to my volume of 1859. I repeat, then, that it is not easy, with every desire to avoid offensiveness, to make a long and minute criticism in an agreeable manner. I hope I sliall not be thought to over-esti- mate the talents required for writing an accurate Life, or for exposnig the inaccuracies of another. A great author, in a biographical work which, in spite of much injustice, and notwithstanding great subsequent addi- tions of knowledge, has achieved lasting fame, and is always read with enjoyment, has modestly gauged the fy requirements for literary biography ; and legal or poli- tical biography is not dissimilar. " To adjust the minute events of literary history," said Dr. Johnson in his " Lives of the Poets," ^ " is tedious and trouble- some ; it requires indeed no great force of understand- ing, but often depends upon inquiries which there is no opportunity of making, or is to be fetched from books and pamphlets not always at hand." There can be no doubt that, if Lord Campbell had taken the necessary time, and put out all the powers of his acute and vigorous mind, to write a careful biography of Shaftes- bury or any one of the Chancellors, he might have left little employment for critics. As it is, he does not ^ In the Life of Dryden. VOL. I. 1) XXll PREFACE. depend on his Lives for lasting reputation. It will, liowever, always be no mean embellislinient of the solid fame which he has secm-ed, that, in the evening of a life of great professional labours and successes, he found amusement and relaxation from high duties in pursuits of literature, and in composing a long series of biographies which, if often inaccurate, are always lively and agreeable, and, if often unjust, are always unjust in ignorance and without determination of injus- tice. I should be sorry to be unfair towards one who, in my early life, honoured me with his friend- ship ; and whose strong intellect, kindly nature, public services, and great career haA^e my respect and admiration. I wish specially to mention my obligations for assist- ance and advice often kindly given by an old and warm-hearted friend, Mr. John Forster, the author of " The Statesmen of the Commonwealth," the " Life of Sir John Eliot," the "Life of Goldsmith," and many other works. W. D. C. 32, DoESET Square, London, April, 1871. CONTENTS, CHAPTER I. 1621—1639. Birth and parentage — Baronetcies of father and maternal grandfather— The Coopers and Ashleys — Sir Anthony Ashley— Death of mother and of father — Sir A. A. Cooper a King's ward — Losses of property l\v Court of Wards — Litigation with Sir Francis Ashley and Denzil Holies — Sir A. A. Cooper's wealth — His gnardians— Goes to Exeter College, Oxford, when sixteen — His life at Oxford — Entered at Lincoln's Inn — Marries at eighteen daughter of Lord Keeper Coventiy — Predictions of a Ger- man astrologer — His hrothers-in-law, Henry and Sir William Coventry, and sisters-in-law, Lady Savile, mother of Lord Halifax, and Lady Pakington —Sketch of his youth Page 1 CHAPTER II. 1639—1644. Lives, after marriage, with liis father-in-law — Hanley bowling-green in Dorsetshire — Sir A. A. Cooper's neighbours — Lord Digby — Visit to Worcestershire with Mr. Coventry — Elected member for Tewkcslnn-y, at age of eighteen, for the Short Parliament of April 164(1 — Tei'miua- tion of Fragment of Autobiography — The Parliament quicklj- dissolved —Lord Coventry's death in January 1640 — Letter of .John Coventrj', February 1640 — Lord Savile's forged letter — Petition of twelve peers to the King for a parliament — Returned in a double return for Downton to Long Parhament — Petitions — Holies said to have prevented his being seated — Came forward for the King in Dorsetshire in spring of 1643 — Dispute about his being made Governor of Weymouth and Portlantl — Ultimately appointed — Letter from the King to Marquis of Hert- ford — Appointed King's Sheriff of Dorsetshire — In February 1644, goes over to the Parliament — His statement of his motives made before the Committee of both kingdoms .PfV*-' 24 CHAPTER III. 1644—1653. Retrospect of public affairs— The war in the West— Sir A. A. Cooper goes into Dorsetshire for the Parliament, July 1644 — Appointed to act with the army as Field ■Marshal General — Taking of Wareham — Made one of the Dorsetshire Committee for the army— Allowed to compound for his XXIV CONTENTS. estates with a fine of 500^. — Appointed Comman Jer-in-cliief of the Par- liament's forces in Dorsetshire, October 1644 — Talces Abbotsbury by stonn — Narratives by himself and by one of his officers of the storming of Abbotsbury — Takes Sturminster and Shaftesbury— Instntctions of Dorsetshire Committee — Cooper's notes on the military condition in Dorsetshire, Wiltshire, and Somersetshire, November 1644 — Letter from Colonel Butler — Want of money — Cooper relieves Blake besieged at Taunton, December — Cooper's letter to Essex on relief of Taunton — Siege of Corfe Castle 1645 — Endeavours unsuccessfully to gain admis- sion into the House of Commons on his former petition, September 1645 — Self-denying Ordinance — Termination of Cooper's military ser- \-ice — High Sheriff of Wiltshire for the Parliament, 1647 — Cooper's Diary, 1646-50 — Story of his advice to Holies to be forbearing with Cromwell — Selections from Diaiy —Execution of Charles the First — Death of Cooper's wife — His second marriage with daughter of Earl of Exeter — Subscribes the engagement and is a commissioner for adminis- tering it — Appointed member of the Commission for reforming the laws, January 1652— House of Commons absolve him from all delin- quency, March 1653 Pwje 54 CHAPTER IV. 16.53—1656. Ci-omwell's ejection of the Rump — Reasons fir the Act — Temporary Coun- cil of State — A Convention summoned — Meets, July 4, 165.3 — Sir A. A. Cooper a member— Proceedings of Barelione's Parliament — Parties in that assembly — Questions of Church and Law Reform — Cromwell allied with the moderate party — The Parliament resigns its powers to Crom- ; well, December 12, 1653 — Cooper had acted with the moderate party and Cromwell, and had promoted the resignation — Idle rumour that Cromwell meant to make Cooper Lord Chancellor — Cromwell refuses to be King, and is made Protector — Cooper saiil to have pressed him to be King — Cooper one of the new Council of State — The Instrument of Government — Milton seiwes under the Council — Cooper elected to the new Parliament for Wiltshire, Poole, and Tewkesbuiy — Sits for Wiltshire — Ludlow's account of the Wiltshire election — Parliament meet, September 3, 1654 — Cromwell's difficulties with the Parliament — He dissolves it — Cooper ceases to attend the Pri\-y Council — His estrangement from Cromwell — Ludlow's mistakes about this estrange- ment — Death of Cooper's second wife in 1654 — Story of Cooper wishing to marry Cromwell's daughter Mary — He marries, in 1656, a daughter of Lord Spencer of Wormleighton — Her character — She survives Shaftesbury Page 90 CHAPTER V. 1656-1658. Cooper now in opposition to Cromwell — He falls back on the Presbyterian party — Elected for Wiltshire to new Parliament — Prevented bj' the Council from taking his seat — Is one of the sixty-five who sign a letter to the Speaker protesting — Afterwards signs Remonstrance — The Himible Petition and Advice — Cromwell refuses to be King — House adjourned from June 26, 1657, to January 20, 1658 — Cromwell's Peers or "Other House"— Cooper not one — The 500^. fine for composition. CONTENTS. XXV imposed by Long- Parliament in 1644, remitted by Cromwell— Cooper's friendship T\'itli Henry Cromwell, and letter to him — Cooper and the other excluded members take their seats on meeting of Parliament, January 1658 — Formidable opposition to Cromwell and the new Con- stitution — Debates about the "Other House" — Cooper's speeches — Cromwell dissolves the Parliament, February 4 — Croni well's death pa,if 123 CHAl'TEK VI. 1658—1659. Eichard Cromwell proclaimed Protector — The militaiy commanders jealous of his civilian advisers — A Parliament called for January 27, 1659— Members for England and Wales elected under old constitution — Scotch and Irish members according to Instrument of Government, but not to sit till approved — Cromwell's Peers summoned by writs of old House of Lords— Cooper elected for Wiltshire and Poole — Sits for Wiltshire- Debates on bill for recognition of Richard Cromwell as Protector — ; Cooper's many speeches — The " Other House"— Question of transacting ^ with it — Cooper's long speech against time — CooiJcr's taunts against one of Cromwell's peers for changes — His abuse of Cromwell — House of Commons agrees to transact with other House during this Parliament — Unsuccessful attempt to settle revenue on Richard Cromwell— Message to other House as to a day of humiliation — Discussions tliereon— Quarrel between Richard Cromwell and the military chiefs — Resolu- tions of House of Commons against the army- -Richard Crcimwell orders dissolution of Council of Officers — Fleetwood and Desborough rally the araiy, and force Richard Cromwell to dissolve Parliament^ Fall of Richard Cromwell Pn, Ivi. Appendix IV „ Ixiii. Appendix V „ Ixxiv. Appendix VI ,, Ixxviii. ILLUSTRAl'ION. Sir Anthony Ashley Cooper, Bart Frontispiece. (Frum a Painting by HiR Peter Lei.y.) INDEX. ThongU heariivj in succession the titles of "Sir Anthony Ashley Coofier," "Lord Ashley," and "Earl of Shnftesbury," the Earl is iiniformly referred to in this Index under the name of Shaftesbury, whicli, for the sake of brevity, is indicated iy the letter S. Abbotsbury stonned and burned by S. , i. 62—67 ; App. II. xxx. " Absalom and Aehitoiihel" (see Dryden). Act of Uniformity, its misehie^•ous nature, i. 259 ; opposed by S. , 261 ; clause pro- posed to enalile the King to dispense with its proNdsions, 263 ; rejected, Act r.assed, 264 ; its effects, 265, 268 ; Charles II. 's declaration, 266 ; biU introduced to dispense with the Act, 266; "Dispens- ing Bill" supported by'S., 267—269; dispensing clause proposed by Charles II., rejected by House of Lords, App. VI. Ixxviii, ii. 72. Admiralty, Duke of York Lord High Admiral, resigns on the passing of tlie Test Act, ii. 141 ; the of&ce put into commission, 144. Agricultural depression in 1667 and 1668, remarks by Pe]>ys, 300. Ague, S. attacked with, i. 84. Aix-la-Chapelle, treaty of, for peace be- tween France and Spain, ii. 12, 13. Albemarle, Slonk, Duk-e of, as General Monk supports Richard Cromwell, i. 145 ; his first letter to S. , 182 ; opposes the proceedings of Lambert, 193 ; his own subsequent proceedings, 193 — 203 ; enters London, 204; "Narrative" of his proceedings by S., 205—212; offer by the Republicans to make him King, his refusal, alleged influence of S., 215 —218 ; eftects the Restoration, 220 ; made K.G. and Pri\'y Councillor, 227 ; other honours conferred on him, 228 ; made Duke of Albemarle, 229 ; appointed a Treasury Commissioner, 305 ; his notice of Sir W. Morriee. 11. 45. Aldersgate Street (see Thanet House). Ambassador's plate, a customary gift, re- fused by S. and the Treasury Conmiis- sioners, i. 308. Amsterdam, S. arrives there after his flight frou) London, ii. 452 ; contra]iose France, 241 ; dissatisfied with amount of sup- plies, 242 ; bribes offered by Spain and Germany for English alliance, 243 ; refuses to submit to Parlia- mentai-y dictation, 244 ; sends Courtin to Louis XIV, for subsidy, obtains it, and adjourns Parliament, 245 ; relaxes severity of S.'s imprisonment in the Tower, 249 ; offers alliance to France for mO,OOOl., 268 : applies for six million francs annually for three years, 270 ; speeches to Parliament, and amplifica- tion of them by S., 113, 154, 274, 292, 298, 331, 372, 882, 404, App. V. Ixiii, Ixxii ; proofs that he was a Roman Catholic, 289 ; his behef in the Popish Plot, 292 ; alleged intent to murder him, 294; refused a subsidy by Louis XIV., 805 ; disavows a marriage with Mon- mcnith's mother, 308, 364 ; account of his character and conduct by S., 309 — 311; re- fuses to approve of SejTiiour as Speaker, 316 ; pardons Danby, 318 ; urges him to fly, and deserts him on his surrender, 819 ; remodels his Privy Council, with S. as President, 323 ; speech to Parliament, 331 ; asserts his right to prorogue and dissolve, 355, 356 ; sends for the Duke of York, 356 ; dissolves Parliament against advice of Council, S. enraged, 342 ; his illness, Duke of York sent for, 343 ; recovers, orders Monmouth to leave England, 344 ; fresh intrigue for subsidy from Prance, 345 ; treaty not concluded, 346 ; dismisses S. as President of the Council, 347 ; further attempt to obtain French subsidy, 359 ; is reconciled to Monmouth, 360 ; agrees to send Duke of York from England, 371 ; attends debate on bill for his exclusion, 377 ; and on proposal by S. for his divorce and re- marriage, 380 ; prorogues and dissolves Parliament, 886 ; meets Parliament at Oxford, protected by guards, 401 ; ob- tains subsidy for three years from France on a verbal treaty, 402, 403 ; speech tfl Parliament, on succession, 404 ; dis- solves Parliament, 405 ; his conversation with S. about Monmouth and the .suc- cession, 408, App). VII, cxvii ; reigns without a Parliament, 469 ; refuses S. leave to retire to Carolina, 419 ; anxiety to strengthen evidence against him, 420 ; suggests and pays for Dryden's satires on S.,429, 434 ; intrigues to elect sheriffs of London, 444 ; his misgovern- ment a justification of S.'s rebellion, 450 ; memorial to, from .S. . as to religion, land, and trade, App. II. v ; advice INDEX. XXXlll of S. to him for development of trade, ix ; meiuoir by Colbert, on his views as to the Dutch war and establishment of Popery, xii ; his conference with Privy Coimcil, App. VII. cxx. Charlton, Sir Job, Speaker of the House of Commons, official sijeeches to Iiim by S., ii. App. V. Ixi. Cheke, Mr. Lieutenant of the Tower, his kindness to S. , ii. 41.5. Chicheley, Commissioner of Ordnance, notices of by S. and Pepys, i. 287. " Chits, the," nickname apjilied to Sun- derland, Godolphin, and Hyde, ii. 353. Christian names of Shaftesbury, i. 5, 134, App. I. iv. Church reform (see Religion). Clarendon, Earl of (Edward Hyde), his de- scription of S. in 1643, i. 44 ; errors in his account of S., 47 ; his intrigues for the restoration of Charles II., 180, 181 ; made Lord Chancellor and a Peer by Charles I L, 229; his cabinet, 232; his Declaration to conciliate Presbj'terians, 252 ; created Earl of Clarendon, 25(5 ; opposed to High Church measures, 262 ; his conduct with reference to Act of Uniformity and " Disjiensing Bill," 262 — 270 ; his account of support of " Dis- pensing Bill "by S., 269; S. in fai'our with Charles II., opposes him, 271; Bristol's attempt to impeach him, its failure, 272 ; unfavourable to war with Holland, 278 ; dissatis-fied with appoint- ment of S. as Treasurer of Prizes, 279 ; remonstrates with the king and S., 280, 281 ; joins S. in opposing appropriation clause in supply bill, 289 — 291 ; opposes bill to iirohibit impoi'tation of Irish cattle, his strictures on tlie sujii^ort of it by S., 299 ; objects to putting Treasury in Commissio)!, 305 ; suggests S. as a neces.sary Commissioner, 306 ; his ani- mosity to S., 307 ; deprived of the seals, influence of Lady Castlemaine, 309 ; op- poses the king's designs on Miss Stuart, 310 ; S. accused of contributing to his fall, 310 ; the charge refuted, 311, 312 ; his exile in France, Act requiring his surrender for trial, illness and death, 313; his "History of the Rebellion," 814 ; his notice of Sir William Morrice, ii. 45. Clarendon, Laurence Hyde, second Earl, with Sunderland and G9, 102 ; his ap- pointment renewed, i06 ; S. and other members excluded from sitting, 124 ; they apjjly to the Speaker, and are re- ferred totiie Council, 125 ; Richard Crrim- well recognized by it, 144 ; another formed by the Rum]i Parliament, 176 ; 8. a member of it, 177, 182 ; superseded by a "Committee of Safety," rival council formed by Lambert's party, 191 ; its proceedings, 199 ; a new council appointed, 202, 213 ; S. again a member, 202 (see Privy Council). Court of Chancery (see Chancellor, Chan- cery). Court of Wards, abuses in, S.'s litigation in it, i. 7, 10, 11, 70, App. I. \ii ; abo- lished, speech of S., 2.50. Courtin, M. , French Ambassador, obtains subsidy from France for Charles II., offers him a bribe to prorogue Parlia- ment, ii. 227, 245. " Coursing," an old castom at Oxford University, i. 16, App. I. xi. Coventry, Henry, sent to S. on his dis- missal for the great seal, ii. 155 ; letter to Sir J. Williamson on imprisonment of S. in the Tower, 249 ; resigns as Secre- tary of State, 359 ; violent speech against S., 364 ; notices of, by Burnet and North, Apjp. III. xxiv. Coventry, Margaret, first wife of S., her marriage, his eulogium of her. i. 19; her family, 21 ; her sudden death, 85. Coventry, sir John, assaulted and wounded, letter to S. from him, " Coventry Act " passed, i. 33. Coventry, Sir William, Commissioner of the Treasury, his prominence in tlie faU of Clarendon, i. 21, ii. 2 ; caricatured by Buckingham, sent to the Tower, 3. Cromwell, Henry (son of Oliver Crom- well), letter from S. to him, 1. 135. Cromwell, Mary, statement that S. sought her in marriage ; its improbabilitv, i. 120, App. III. Iviii. Croiiiwell, Oliver, remits the fine on sequestration of the estates of S., i. 01 ; sent to the relief of Taunton, 74 ; in- crease of his jiower, 77 ; thanks S. for advice to Denzil Holies, 78 ; ejects the Rump Parliament, his motives, 90 — 93 ; appoints a Council of State, 94 ; nomi- nates the Barebone Parliament, 05 ; 8. and others deputed to ask him to join it, 96 ; said to have offered S. the office of Lord Chancellor, 103 ; zealously suji- jiorted by 8. 103, 105 ; refuses to be King, 104 ; made Protector, 105 ; his ' ' Instrument iif Government " opposed by Parliament, 105—110, ll.!i— 118; dis- solves Parliament, 118 ; S. separates from him, 119, 123 ; " Petition and Ad- vice '" to him to assume the title of King refused, 130; "Peers" appointed by him, 133 ; debates thereon, dissolves Parliament, 138 ; his death, 142 ; his memory almsed in a speech by S., 160, App. IV. Ixv ; motives of S. for sepa- rating from him, 103 ; his luidy exhumed and irang at Tyburn, 237 — 247. Cromwell, Richard, nominated as one of " Cromwell's Peers," i. 133 ; named by his father to succeed him, 142 ; recog- nized by the Council as Protector, 144 ; liruclaimed, 145 ; summons " Oliver Cromwell's Peers " to the " other house," 147 ; bill in Parliament for his recognition, 148 ; discussion on its terms, 149 ; bill to settle revenue on him, opposed by S., 164 ; compelled by Fleet- W'Ood's party to dissolve Parliament, 170 ; his fall, 171, 173. " Cromwell's Peers " summoned to the "other house" (see "Other House," and Parliament). Cronstrom, M., letter to S. on appoint- ment as Chancellor, ii. App. IV. xlvii. Cropredy Bridge, battle of, i. 58. D. Danby, Earl of (Sir Thomas Osborne), created Viscount Latimer and Earl of Danby, succeeds Cliflbrd as L<:ird Trea- surer, ii. 144 ; speecli of S. on swearing him in, 145, App. V. Ixxi ; opposes Dutch war and French alliance, 149 ; proj.ioses a non-resistance "Test Bill," 203; opposed by S. , 204 : his reasons against the bill, 205, App. VI. Ixxvii ; his s>-m- pathy with Holland, 227 ; aids the King in obtaining a subsidy from France, 245, 240 ; promotes treaty with Holland against France, 255 ; brilie offered him by Louis XIV., 2.56 ; liis letter to Mon- tagu, applying to France for large sub- sidies, 270 ; intrigues of Duke ot York for his removal, USS ; accuses Montagu of Popish intrigues, his letters for INDEX. XXXV French subsidies produced, his impeach- ment, 304 ; negotiates with Opposition, 305; new Parliament adverse to him, 306 ; account by S. of liis character and conduct, 312 ; pardoned by the King, 318 ; his flight, bill passed against him, surrenders for trial, 319 ; dismissed as Lord Treasurer, 320 ; his pardon de- clared illegal by Parliament, 332 ; ac- cused of ordering the murder of Godfrey, true bill against him, 409 ; notices of, by Stringer, Burnet, Evelyn, and S., App. III. xxxiv. Dangerfield, his plot, charging S. and lead- ing Protestants with conspiracy, ii. 348 ; states he was hired to murder S., 349. Death, punishment of, in 164(3-7, i. 81 — 84. De Bordeaux, French Ambassador, on the offer of the throne to Monk, i. 216. "Declaration of Indulgence " (see Re- ligion). De Rouciuillos, Don Pedro, Spanish Am- bassador, urg.is appointment of S. as Lord Treasurer, ii. 370. Desborough supports Richard Cromwell, i. 144 ; his jealousy of the Council of State, 14.5 ; his share in the deposition of Richard Cromwell, 1C9 — 173 ; his com- mand in the army, 188. De Witt negotiates the Triple Alliance, ii. 11. Diary kept by S. from 1646 to 1650, i. App. II. sxxii. Digby, Lord, quarrel of S. with him on the election for Dorsetshire, action for slander brought by S., 1,000;. damages recovered, and 1521. costs, ii. 214, 215, 220, 222, 224. Dispensing Bill (see Act of Uniformity and Religion). Dissenters (see Religion). Dolben, Archbishop of York, his friend- ship for S., ii. 47 ; advocates divorce and remarriage of Charles II., 381. Dorchester, surrenders to the King's army, i. 43. Dorchester House, Covent Garden, a resi- dence of S. , i. 33. Dorsetshire, S. appointed Sherifl", i. 46 ; its position between King and Parlia- ment, 52 ; military services there of S., i. 59 — 75 ; quarrelof S. with Lord Digby at the election in 1075, S. recovers damages for slander, ii. 215, 210. Double returns of members of Parliament, i. 37. Dover, secret treaty between France and England against Holland signed at, ii. 19 (see Arlington, Buckingham, Charles II., Colbert, Louis XIV.). Downing, Sir George, Ambassador to the Hague, ii. 79. Downton, Wilts, S. elected member for it in a double return, i. 36, 40, 76 ; his attempt to obtain his seat in the " Hump " Parlia- ment, 176 ; application for Ids seat, described by Ludlow, App. III. Ix ; claim at last recognized, 202. Diyden, his satires on S. in "Absalom and Acliitophel" (Monmouth and S.), and "The Medal," Preface, xiv, i. 54, 98 ; their bitterness and falsehood, general character of his satire, i. 223 — 226 ; does not ascribe the ' ' Stop of the Exchequer" to S., ii. 69; his incon- sistency, 70 ; his eulogium of S. as a judge, 175 ; becomes a Roman Catholic, 289 ; accuses S. of inventing circum- stances in the Popish Plot, 288, 289; falsehood and inconsistency of the charge, 290, 300 ; eulogizes Halifax, ii. 375; extracts from his poem, "Absalom and Achitophel," 429—432 ; from ■' The Medal," 432 — 434; the satires .suggested and paid for by Charles II., 429, 434 : his "Albion and Albanius," 437; Lord Macaulay's opinion of him, 474. Dunkirk sold to France, i. 265. Dupuy, valet of the Duke of York, ac- cused of the murder of Godfrey, ii. 409. Durham House, Strand, a residence of S., i. 24. Dutch war, declared, opposed by Claren- don, promoted by S., i. 278 ; popularity of the war, 279 . S. appointed Treasurer of Prizes, Clarendon's dissatisfaction, 279 ; he remonstrates with the King and S. , 280 ; appointment of S. con- firmed, 282 ; questions as to the apjiropri- ation of prize-money, 283 ; secret treaty between Louis XIV and Charles II., peace concluded, 303, 304 ; Triple Alliance of England with Holland and Sweden against France, ii. 11 ; secret treaty between CharlesII. and Louis XIV. against Holland, 18 ; war against Hol- land commenced by England and France, 27 ; treaty between Holland and Spain- 77 ; object of Charles II. in promotion the war, 78 ; supported by S., his rea, sons, 78 ; attack on the Dutcli fleet before declaration of war, denounced as piratical, 81 ; grievances stated in de- claration of war, 82 ; sea fight near Southwold Bay, Earl of Sandwich killed, 84 ; victories of Louis XIV., 84 ; negoti- ations, 85 ; treaty between France and England not to make peace without agi'eed conditions, 86 ; conditions re- jected by Holland, 87 ; official speech of S. as Lord Chancellor, 114 ; severe comments on it, 115, 117 ; unpopularity of the war, 145 ; the Dutcdi form alliances, 148; opposed by S., 149; negotiations for peace, 185 ; peace con- cluded between England and Holland, 191 ; Charles II. mediates between France and Holland, 210; secret per- sonal treaty between Charles [I. and Louis XIV., 211 ; ineffectual negotia- tions, 227 : Courtin, French Ambassador, treats with S., 228; Charles II. urged by Parliament to join allies against France, 241 ; negotiations with Prince of Orange for peace, 246 ; endeavour of Charles II. to make peace, 254 ; terms XXXVl INDEX. refused by Franee, 255 ; treaty between Eii,u'lan(l and Hnlland, io6; negotiations, liribes, and subsidies, peace of Ninieguen between t'l-ance and Holland, -'tio — 276 ; S.'s written opinion on the peaee of Nimegnen, 2S1 ; memoir of Colbert to Louis XIV. , App. II. xii. Dysart, Countess of, afterwards Duchess of Lauderdale (see Lauderdale). B. Elections to Parliament (see Parliament). EliEabeth of Boliemia, Princess, letter from her to S. , i. 275. Ely Rents, Holbom, the property of S., i. 7, 8 ; App. II. xxxii, xlvi. Emigration, the result of religious in- tolerance, iii. 7. Essex, Earl of, his mysterious death in the Tower, various opinions on, ii. App. VIII. cxxv. Essex, Earl of, the Parliamentarj' General, his services in Dorsetshire in connection with S., i. .58, 72; letter to him from S. , ii. 101 ; his proceedings as Privy Councillor, ii. 328 ; resigns as first Ooni- niissionerof Treasui-y, 352 ; dismissed as Privj' Councillor, 387 ; petitions against meeting of Parliament at Oxford, 390 ; his letters tci S. against granting Phcenix Park to the Duchess of Cleveland, App. IV. xlvii— liv. Evelyn, John, proposed maiTiage of his niece to S.'s son,ii. 35; describes atten- dance of Charles II. in House of Lords on Lord Roos's RemaiTiage Act, 42 ; his notice of Sir W. Morrice, 45; on the qualities of the sycamore, 51 ; ascribes the " Stop of the Exchequer" to Clifford, 65 ; menilier of Council of Trade and Plantations, 93. Exchequer, Cliancellor of (see Chancellor of the Exchequer). Exchequer (see ' ' Stop of the Exchequer"). Execution of Charles I. , i. 85. Executions in Dorsetshire for desertion, horse-stealing, &c., i. 81 — 84, App. II., xxxiv — xli. Exeter College, Oxford, life of S. there, 1. 15—18. Exeter, Earl of, his daughter married to S., i. 8(i. Exeter House, Strand, the residence of S. when Lord Chancellor, ii. 166; disposed of by him to builders, 222. 223, 224. Fairfax repla(^es Essex as Parliamentary General, i. 75; tribute to him by S., i. 155. F. Falston House, Salisbury, proposed by S. to be gaiTisoncd, 1. 69. Fansliawe, Lady denounces S. for refusing to give Ambassador's plate, i. 309. Farla, Fi-ancisco, states he was hired to murder S., ii. 350. Pell, Dr., Dean of Christ Church, Oxford, letter of S. to him, recommending Locke for preferment, his servility to royalty, deprives Locke of his studentship, ii. 48 Ferguson, Rev. Robert, joins S. in an in- tended rising, satirized in " Absalom and Achitoi^hel," ii. 447; accompanies S. to Amsterdam, 452 ; legacy left to him by S., 458. Fiennes, Nathaniel, attacked in a speech by S., i. 161 ; App. IV. Ixvii. Fifth Monarchists excluded by S. from toleration, ii. 6. Finch, Sir Heneage, succeeds S. as Lord Keeper, ii. 157, 158 ; his account of the protecting pardon given to S. as Chan- cellor, 159 ; as Lord Chancellor, urges Charles II. to disown the Duke of York, 370 ; his speech in conference with Charles II. App. VII., cxx. Fire of London, its effects, ii. 7. Fitzharris, Edward, impeached by Com- mons for treason. Lords resolve to pro- ceed at common law, S. protests, ii. 407 ; accuses Danby of ordering the murder of Godfrey, 409 ; tried and executed, in- terest of S. in his trial, 410. " Five Mile Act," against Dissenters, sup- ported by Clarendon, opposed by 8., i. 292. Fleetwood concurs in the recognition of Richard Cromwell, i. 144; his jealou.sy of tlie Council of State, 145 ; his share in the deposition of Richard Cromwell, 169 — 173 ; made Commander-in-Chief by the "Rump," 188; appointment re- voked, 189 ; takes S. prisoner, released on parole, attemjits to arrest him again, 197 ; S. made Colonel of his regiment of liorse, 203 ; letter to him from S. and others on their attempt to secure the Tower of Loudon, App. V. Ixxiv. Foreigners (see Naturalization of Fo- reigners). Fortune teUing, skill of S. in, i. 29 ; App. I. xxiii. Fox, Charles James, his opinion of S. ii. 470. France, at war with England, secret treaty between Louis XIV. and Charles II., peace concluded, i. 303, 304 ; at war with Spain, negotiations for an English alliance, ii. 9, 10 ; defeated, 11 ; peace concluded, 12 ; secret treaty with Eng- land for war with Holland, 19 ; mock treaty made to enlist support of S. and Lauderdale, signed by them, 26 ; a fur- ther treaty signed by them, 27 ; joined by England, commences war with Hol- land, 27 ; S. averse to French alliance. 28, 29 ; endeavours of S. to improve treaty, 29 ; unpopularity of alliance, 145 ; opposed by S., 149 ; intrigues with English statesmen, 227, 228 ; endeavour of Charles II. to make peace, 2.54 ; terms r>.'fused by Louis XIV., 255 ; English and Dutch alliance against, 256 ; progress of INDEX. XXXVll negotiations, peace of Nimeguen, 265 — 276 ; French bribes and subsidies, 26", 268 (and see Dutcli war, Louis XIV.). Fuller, Dr. , Bishop of Lincoln, letter from him to S., ii. 193. G. "Gantelope" (gauntlet), running the, a punishment for deserters, i. 81. Gardening, apple trees planted by S. at Wimborne St. Giles, ii. 49 ; remarks by S. on planting timber trees, on the sj camore, and wall fruit, 50 ; Locke's observations on vines, olives, &c., writ- ten at the request of S., 49 ; Evelyn's remarks on the sycamore, 50 ; letter from S. to Locke, 61 ; S. commissions Locke to buy orange and other trees, vines, and seeds for him, 220, 221. Gardening in the seventeenth century, i. App. I. xviii. Gentry of the West of England in the seventeeTith century, i. 25. Godfrey, Sir Edmund Bury, murder of, ii. 296, 409. Godolphin, Sidney, made Privy Councillor, ii. 352 ; with Sumlerlaud ami Laur-nce Hvde, chief ministers, nicknamed " the Cliits," 353. Goldsmiths' Hall, fines for recovering sequestered estates received at, i. Ti'. Govemment interference in Parliamentary elections (see Parliament). Grafton, Duke of, son of Charles II. by Duchess of Cleveland, married to daugli- ter of Arhngton, ii. App. II. xiii. " Granadoes " used by S. in the stonning of Abbotsbury, i. 62 ; proposed to be used to murder S. , ii. 350. Grey, Lord, his calumnies against S., ii. 400; joins S., Monmouth, and Russell, to raise an insurrection, 445 ; his account of participation of S. in intended rising. 447, 448. Grimstone, Sir H. , letter to S. on the state of the records, ii. App. IV. Iv ; notice of him by Burnet, Ivi. Guerden, Dr., first tutor of S., i. 12, App. I. vi. Guinea stock, speculations of S. in, ii. 226. Guizot, M., his notices of S., i. 1S6, 190; on the offer of the throne to Monk, i. 217. H. Habeas Corpus Act carriuil by S., its pro- visions explained, ii. 333, 334 ; said to have been carried by a trick, 335. Hale, Sir Matthew, a member of the Law- Reform Commissi(m (1652\ i. 87. Halifax, Lord, his relationship to S., i. 22, 121 ; made Privy Councillor, ii. 84 ; his mission to France during the Dutch war, Colbert's account of him, 85 ; his VOL. I. ignorance of the design to establish Popery, 86 ; ])resents petition of S. for release from the Tower, 257 ; his jiro- ceedings as Privy Councillor, 328 ; Ijromotes design for introducing the Prince of Orange, 341 ; opposes bill for exclusion of Duke of York, 375, 376 ; address for his removal, 381 ; siieeelies in Committee of Privy Council, ad\ising arrest of S., App. VII. cxviii. Hullam. liis opinions of S., ii. 472. Hampden, his atteiupted arrest by Charles I., i. 55. Hampton Court Palace offered to, but refused by, Cromwell, i. 1U3. Hanley bowling green, Dorsetshire, i. 25. Harwich, flight of S. from London, his stay at, ii. 451 . Haselrig, Sir Arthur, his description of the ejection of the "Rump" Parlia- ment, i. 93 ; refuses to sit as one of " Cromwell's Peers," 133; his intlueiice as a member of the Rumj), 173, 188 ; his intrigues with Monk desci'ibed by S. , 212 ; excepted from the " Pardon and Indemnity Bill," his life sjjared on an address from Pai'lianient, supported by S., 241. 243. Hastings, Mr., account of him by S., i. App. I. :;v. Hawking, practised by S. , i. 14. Hawles, Sir .John, condemns Chief Justice Pemberton's charge on the trial of S. , ii. 425. Hebden. tlie Russian resident, his notices of S., i. 274. Henrietta Maria, Queen of Charles I., her letter to S. as to payment of her pen- sion, i. 317. Hertford,Jlarquis of, commands the Royal army, i. 43. Hcvvson, Colonel, one of "Cromwell's Peers," attacked in a speech by S., i. 161. Higlimorc, Rev. John, chaplain to S. , his letter to S. on the "Meal-tub" Plot, ii. 3.51. Hill, Mrs. (widow of Stringer), letter from, on Burnet's misrepresentations of S. , ii. App. VIII. cxxiii. Holland (see Dutch war). Holies, Denzil ("afterwards Lord Holies), his relationship to S., I 11; his litigation withS., 39 ; his opposition to Cromwell, advice to him liy S., 78 ; co-operates with S. in the House of Lords, ii. 200 ; presents petition of S. for release from the Towel', 257 ; letter from him to S., their early litigation and late friend-ship, 365. Hooke House, Dorsetshire, jn'oposed by S. tu be garrisoned, i. 69. Horses belonging to S., his instructions wlien in tlie Tower for their sale, ii. 418. Howard of Escrick, Lord, committed to the Tower, ii. 411. " Humble ]:etition and advice" to Crom- well to assume the title of King, 1. 130 ; XXXVIU INDEX. discussed in Ridiai'd Croiinvell's Pavlia- nieiit, 1-18, 151. Hunt dinner at Tewkesbury, i. 28, App. I. xxi. Hyde, Ann, Duelie.ss of York (see York). Hyde, Earl of Clarendou (see Clarendon). I. Independents (see Religion). Inspruck, iVrchducliess of, her proposed marriage tn tlio Duke of York, ii. 14S. " Instrument of Government," promul- gated by Cromwell, i. 105—110, 123 ; superseded by Parliament, loO. Interest of money. Parliamentary report on, ii. App. I. V. Ireland, its representation in Richai'd Cromwell's Parliament, i. 146, 168 ; quarrel lietween Lord Conway and S. on Iri.sh affairs, 301 ; inclination of S. to be Lord-Lieutenant, 303 ; ' letter from Lord Co-iway to S. on politics, ii. 5 : speech of S. on its condition, Lord O-ssory's reply, 321 : S. informs Pilvy Council of a plot there, 363 ; " con- cealed lands " belonging to tlie Crown, general value of land, App. IV. liii, liv ; speech of S. on the state of, App. VI. oil. Irish cattle, bill to prohibit importation, supported by S , i. 209; diseussicm on the bill, 300 ; ciuarrei between the Earl of Ossoi-y and Lord Conway and S., 300. Ireton, the regicide, attainted, his body exliuined and hung at Tyburn, i. 237, 247. Isle of Wight, S. appointed governor, i. 213, 249. J. James II. (see York, Duke of). Jenkins, Sir Leoline, appointed Secretary of State, ii. 359 ; speeclies on foreign affairs, App. VII. cxix, cxxi. Keek, Abraham, a merchant of Amster- dam, death of S. in his house, ii. 455. la Cloche, James, a Jesuit, natural son of Charles II., ii. 16. Lambert, Colonel, his influence in restor- ing the "Rump" Parliament, i. 173; defeats Sir George Booth's insurrection, 185 ; his discontent with the Parliament, 188 ; suppresses the "Rump" by mili- tary force, 189 ; efforts of S. to restore it, 193 ; "Nan-ative" by S. of his pro- ceedings, 194 ; imprisoned by the "Rump," 218; escapes, raises troops, is defeated, letter thereon from S. , 219 ; condemned as a regicide, his life spared, 248. Land, decay of rents, remedies proposed by S. , ii. 6 ; registration of titles recom- mended, 7 ; " concealed lands " belong- ing to the Crown in Ireland, App. IV. liii. liv. (see Registration of Titles). Lauderdale, Duke of, his co-operation with S. against Clarendon, i. 273 ; letter to S. for payment of a gi'ant from the King, 316 ; supports an alliance with France against Holland, ii. 22 ; his ignorance of the secret treaty, 24 ; shared by S. and Buckingham, 55 ; signs a mock treaty excluding provision for restoring Popery, 26 ; receives present from Louis XIV., 31 ; attacked by House of Com- mons, 155, 18S; addresses for his re- moval, 272, 329, 332. Lauderdale, Duchess of, Buruet's notice other, ii. App. III. xxiii. Law-reform Commission (1652), S. ap- X'ointed a member of it, i. 87, 89. Law-reforms projected in Barebone's Par- liament, i. 100 ; ordinances by Crom- well's Council, 113 (see Chancery, Court of Wards). La Chaise, confessor to Louis XIV., his correspondence with Coleman on Popish Plot, ii. 294. Le Clerc, on Locke's friendship with S., i. 297. " Letter from a Person of Quality" (1676), ascribed to Locke, his denial, i. 261, 293 ; explains reasons of S. for support- iiig " Declaration of Indulgence," ii. 74 ; ordered by House of Lords to be burnt, supposed to have been written by S. , 207, 285. Letters and Reports by S., on the storm- ing of Abbotsbuiy, i. 62 ; to the gover- nor of Poole on military aftairs, 68 ; to Earl of Essex on the relief of Taun- ton, 72 ; to Henry Cromwell, 135 ; to Charles II., 179 ; to Montagu on Lam- bert's defeat, 219 ; to his wife, 285, 294 ; to Fleetwood on attempt to secure the Tower of London, App. V. Ixxiv ; to Locke on the marriage of his son, second Earl, ii. 35 — 37 ; to Sir W. Mor- rice, 44, 47, 100 ; to Dr. Fell, 48 ; to his Bailitf, Hughes, 49 ; to Locke on the "Stop of the Exchequer," 61 ; to Earl of Essex, 101 ; to Duke of York, urging him to renounce Popery, 150 ; to Mr. Bennett, on his quarrel with Lord Digby, 216 ; to Locke, consigning to his care a son of Sir John Banks, 235 ; to Charles II. and Duke of York, and circular to Peers, whilst imprisoned in the Tower, 251—2.54 ; to his bailiff, 261 ; to Bishops for information as to sequestrated liv- ings, App. IV. liv ; to Russell and other Privy Councillors, advising them to resign, 357 ; to Locke, 361 ; to Locke on arrangements for his residence at Oxford, 398—400. INDEX. XXXIX Letters to S., from Moiitagtl, i. 214 ; Prin- cess Elizabeth of Bohemia, 275 ; Arling- ton, 275 ; LaiKlerdale, 316 ; Henrietta Maria (Queen of Charles I.), 317 ; Lord Conway, ii. 5 ; Sir W. Morriee, 40, App. IV. xlv'i ; Charles II. dismissing him as Lord Chancellor, 145; Dr. Fuller, Bishop of Lincoln, 193; Earl of SalisViury, 258; M. Cronstrom, App. IV. xlvii ; Earl of Essex, xlvii-^liv ; Sir H. Grimstone, Iv; Sir R. Southwell, App. VII. evil; Ormond, on Irish affairs, 337 ; Rev. J. Highmore, 351 ; Earl of Bridgwater, 362 ; Lord Holies, 3(i5 ; Locke, on politics, 367 ; Locke, on arrangements for his residence at Oxford, 392. Letters, Lady S. to Earl of Sunderland, i. 122 ; Locke to Earl of Pembroke, 261 ; Sir Peter Pett to Archhisliop Bramhall, 262 ; Locke to Earl of Pembroke, 296 ; Lady Dorothy Ashley to Locke, ii. 38, 39 ; Lady Ashley (wife of S.) to Locke, 40 ; Lord Conway to Sir George Rawdon, 43 ; T. ThjTine to Sir W. Coventry, 98 ; Sir W. Coventry to Thynne, 149 ; Stringer to Locke on imprisonment of S. iu the Tower, 236, 239, 248, 250, App. VII. exii ; H. Coventry to Sir J. Williamson, 249 ; Danby and Charles II. to Montagu, 270 ; Coleman, secretary to Duchess of York, to La Chaise, confessor to Louis XIV. , 294 ; Lady Russell to Lord William Russell, 307; Baiillon to Louis XIV., 359 ; Sir Thomas Cheke to Sir Leoline Jenkins, 415 ; Lady S. to Locke, 450 ; Sir William Cooper to Stringer, 459 ; Locke to Stringer, on proceedings of Parliament at Oxford, 1681, App. VII. cxii — cxv ; widow of T. Stringer to Lady Elizabeth Harris, gi-and-daughter of S., on Burnet's misrepresentations^ App. VIII. cxxiii. Lingard, his errors with reference to S. , ii. 120. Locke, John, his "Commonplace Book," i. 35; his Life of S., Preface xv, xvii, 40, 47 ; its errors. 78, 80, 195, 197, 219 ; dedicates " Essays of Nicole" to Lady S. , 122 ; his intimacy with S., its origin, 222 ; accident to S. on their jouniey the cause of satires and lam- poons, 222, ii. 438, 456 ; his denial of pamphlets ascribed to him, i. 261 ; pre- pares for S. a constitution for Carolina, 288 ; friendship of S. for him, 29.3—298 ; his verses, his work on the "Human Understanding," 297 ; advises a surgical operation ou S., ii. 34; letters to him from S. on the marriage of his son to Lady Dorothy Manners, 35—37 ; from Ladv Dorothy Ashley, 38. 39 ; from Ladv Ashley (wife 'of S.), from S., 40; letter from S. to Dr. Pell, recommending Locke for preferment, 48; his "Obser- vations on the Growth of Vines, Pro- duction of Silk," (fee, written at the request of S., 49; letter to him from S. proving that the latter opposed the " Stop of the Excliequev," 60 ; appf>inted Secretary to Council of Trade and Plan- tations, 93; anecdote of, 107; his ill- health, residence at Jlontpelier, letters to him from Stringer, 219—224; letter from S. to him, consigning to his care a sou of Sir John B.xnks, 235 ; letter from S. to him, 361 ; iVom him to S., on poli- tics, 367 ; makes arrangements for S. to reside at Oxford to attend Parliament, tlieir correspondence, 391—401 ; his re- collections of S.'s conversation, 468 ; Coste's account of his opinions of S., 469 ; letter to Stringer on proceedings of Parliament at Oxford, Ap]>. VII exii. London, petitions for the recall of the "Rump" Parliament, i. 173; Monk's proceedings there described by S., 207 — 212 ; riot in the Citv, desisn to murder S., 362 ; the City begCharles 11. to follow the advice of Parliament, his astonish- ment, 374 ; sheriffs elected liy Court in- trigues, 443 — 445 ; S joins Monmoutli and Russell to i)romote an insurrection, undertakes to raise men in Wapping, 446 ; meetings to arrange plans, 446, 447. Long Parliament (see Parliament). Lords, House of, as nominated by Crom- well (See Parliament). Louis XIV., his negotiations with Charles II. for an alliance against Spain, ii. 9 ; against Holland, IS; secret treatj' of Dover, 19 ; further negotiations with Buckingham, 23 ; urges Charles II. to treat with the Pope for establishing Popery, 24 ; prefers alliance to establish- ment of Popery, 135 ; endeiH'ours to bribe S. to return to Court, 182; his anger at negotiations for peace with Holland, 185 ; bribes Charles II. to ]iro- rogue Parliament, 209 ; his secret per- sonal treaty with Charles II., 210 ; offers Charles II. another bribe to jirorogue, bribes members to support French alli- ance, 227 ; prosecutes war against the Dutch and their allies, 240 : grants sub- sidy to Charles II., who adjourns Par- liament, 245 ; his annrvyance at the mar- rifige of William and Mary, 246 ; refuses terms of peace proposed by Charles II. 255; offers fiu'ther bribes for proroga- tion, 256 ; his intrigues with English statesmen, 267, 280 ; api>]ied to by Charles II. for large subsidies, 268, 270'; agrees to his terms, and .si.uas a secret treaty, 273 ; not ratified by Cliarles, 276; refuses Charles II. a .subsidy, 305; at- temi.its of Charles II. to obtain French .subsidy, 359; gives Charles II. a sub- sidy for three yeare on a verbal treaty, 402, 403 ; despatch from Barillon to him on the Prix-y Council, App. VII. cix. Ludlow, Edmund, a candidate for Wilt- shire, his aceou'it of the election, de- feated by S., i. 112 ; his statement as to the sei:)aratioa ef .S. and Cromwell, 119; xl INDEX. his erroneous statements as to S., 238 ; suppressed passages frora his Memoirs refeiTiug to S.. Apji. Ill, Ivi. Lulworth, Dorset, duriug tlie rebellion, i. C7. Lund, his deposition as to design on the life of S. , ii. 305. Luttrell, Narcissus, his Diary, notices of danger to S. before his flight to Holland, ii. 44S. Lyme, besieged by Prince Maurice, i. 58. Lvttou, Lord, lines on S. in his poem "St. 'Stephens," ii. -130. M. Macaulay, Lord, on S., and Dryden's satires, i. 2-24, 474 : on the treachery of Dr. Fell, 48 ; his opinions of S. refuted, 474— 4S2. Maimers, Lady Dorothy, her marriage to Anthony Ashley, son of S., letters of S. to Locke on the subject, ii. 35 — 37. Martyn, Benjamin , employed by fourth Earl to write Memoir of S. . Preface, xvi, xviii ; his -work improved by Dr. Sharpe anil by Dr. Kippis, edited by G. W. Cooke, printed, the copies destrcjyed, Pre*"fice, xvi, xvii ; errors in his Lite of S., i. 4U, 53, 75, S3, 102, 113, 110, 130, 182, 183, 10."). 203, ii. 459, 479, App. L iii. II. xxviii, xxxi ; his account of the opposi- tion of S. to the Corporation Act and Act of Uniformity, i. 260, 261 ; of the su]iport given bv S. to the " Dispensing Bill," 208. Marvel, Andrew, on the motives of S. for supporting Lord Rous's Remarriage Act, ii. 43 ; on the King's claim to dispensing power in religion, 73 ; i>raises opposition of S. to Danby's Test Bill, 206. Mary of Modena, Queen of James II., wish of Charles II. to marry her, ii. 147 ; her marriage to the Duke of York. 148 ; S. advocates her divorce and reraan-iage of the King to a Pr<.itestant, 377, 378. Massal, an Italian spy, employed by Arch- bishop Sancroft, his offer to nuirder Sir ■William Waller, ii. 4.:j4 ; his account of the death of S. , 455. ilaurice. Prince, commands the Royal army, i. 43, 45, 58, 59. Mazarin, Duchess of, her influence with Charles II. in French interests, ii. 384. "Meal-tulj" Plot, charging S. and leading Protestants with conspiracy, 348. Medal struck to commemorate acquittal of S., ii. 428; Dryden's poem, "The Medal," 432. Medici, Cosmo de, dines with S. in Englisli style, preserves the bill of fare, ii. 110. Mews, Dr., Bishop of Bristol, his letter canvassing for Lord Digby as member for Dorsetshire, ii. 218. Mignet, M., his "History of the Nego- tiations relative to the Spanish sifcccs- siou," Preface, x., ii. 13. Military government taken by Parliament from Charles I., i. 55. Militarv' power reorganized by Cromwell, i. luS, 110 (see Arm}'). Militia Act passed by Charles II. 's Par- liament, its miscliievous nature, opposed by S., i. 260, 261. Milton, his connection with Cromwell and Thurioe, i. 111. Minors sitting in Parliament, i. 30. Monk (see Albemarle). Monmouth, Duke of, his legitimization pro- posed by Buckingham, ii. 9 ; a plenipo- tentiaiy to Lous XIV., 85 ; S. favours a project for declaring him legitimate, 148 ; S. favours his succession to the throne, 329, 330 ; suppresses Scotch rebellion, S. proposes his commanding a trooji of Guards, 341 ; ordered to leave England, goes to the Hague, 344: deprived of offices, S."s connection with him. 347 ; jiroposal that he should join the Prince of Orange, 353 ; return.s to England. 354 ; reconciled to Charles, 300 ; Charles de- nies marriage to his mother, 364 : sup- ports bill for exclusion of the Duke of York, 370 ; resolution of Parliament for his restoration to fa\our, 386 ; con- versation between Charles II. and S. as to his succes.sion, 408, -Vpp. VII. cxvii; visits S. in the Tower, 413 ; joins 8. and Russell to raise an insurrection, 445 ; arrested at Stafford, released on bail, 446; complains of recklessness of S., 449. Montagu, Earl of Sandwich (see Sandwich). Montagu, Rali'h, Ambassador at Paris, letters to him from Danby and the King, pressing Louis XIV. for large su))sidies, ii. 270 ; accused by Danby of Popish intrigiies, his papers seized, j>roduces Danby's letters, Danby's impeachment, 303, 304. Mordaunt, Lord, his agency in the resto- ration of Charles II., i. 181, 184. Moreton, Sir George, account of hiin by S., i. App. I. xvii. Morrice, Sir W., a coadjutor of Monk, letters from S. to him, ii. 44, 47, 100 ; from him to S., 40, 100, App. IV. xlvi ; his learning and rhetoric, 45, 46; judge of a wrestling match before Charles II., 45. Mulgrave, Sheffield, Earl of, lines on S. in his "Essay (m Satire," ii. 430. Nappeir, Sir Geraril, account of him by S., App. I. xvii. Natural!, ation of f08), 300 ; on proceedings of Treasury Com- missioners, 308 ; on connection of S. with Clarendon afterhis fall, 311 ; names members of Cabal in 1667, ii. 2 ; on S.'s support of Buckingham, 4 ; illness of 8. and surgical operation, 34 ; dines with S. , conversation of S. and Lady Ashley, 106 ; asserts that S. took a bribe, 107 ; and was greedy of money, 109; elected iM.P., accused of being a Roman Catholic, reference to S., letter from him, 194. Peters, Hugh, his share in Law Reform Commission (1052), i. 87, 88 ; executed as a regicide, 243. PlRcnix Park, Dulilin, proposed grant of, to the Duchess of Cleveland, ii. xVpp. I V. xlvii — liv ; particulars of its area and value, liii, liv. Pilkiiigton, Slieritf of London, dinner given by him to S. and his party, ii, 441, 442. Plague, notices of the, i. 289, 295, ii. 7. Plantations (see Trade and Plantations). Planting (see Gardening). Poole, Dorsetshire, during the Rebellion, i. 07 ; S. elected niemiier fur, 112 ; S. again returned to Richard Cromwell's Parliament, sits for Wiltshire, 147. Popery (see Religion). Popish Plot of 1678 (see Religion). Portland, surreny High Church party to im- pose oatiis, Act of Uniformity, opposed by 8., 258 — 261; passed, 264 ; its effects, 265, 268 ; bill introiluced to dispense with it, 266; "Dispensing Bill," sup- ported by S. , 267 — 269 ; copy of the bill, App. VI. Ixxix ; address of Parliament to Charles II. to banish Jesuits and Priests, Conventicle Act passed, 270, 277 ; '• Five- Mile Act" against Dissenters, ojiposed by S., 292 ; " Xon-resistance " Oath Bill, rejected, 293 ; religiim in Doi-setshire, described by S., App. I. xx ; Dispen- sing clause proposed by Charles II. in Act of Unitbrmity, rejected by House of Lords, App. VI. Ixxviii ; Buckingham and S. favour toleration of Dissenters, ii. 5; scheme of "comprehension" re- jected by Parliament, 6 ; new Conven- ticle Act passed, 6 ; Roman Catholics not imduded in S.'s views of toleration, 6 ; toleration urged by S. in a paper on trade, &e., 6, 7 ; attemi)t of Charles II. to establish Popery, supported by Ar- lington, secret treaty, Buckingham, Lauderdale, and S. ignorant of it, 16 — 24, 28 ; " Declaration of Indulgence," for Dissenters and Roman Catholics, issued by Charles II., supported by S., 71 ; his statement of his reasons, 74 ; debates on Dispensing Bill, 72 ; clause in Conventicle Act asserting King's su- premacy, modified by House of Com- mons, 73 ; Buckingham and S. learn the design to establish Popery, 86, 87; Charles II. defends "Declaration of Indulgence," i:)romises Parliament to preserve Protestant religion, 113 ; INDEX. xlv Charles Il.'sspeeehto Parliament, is "re- solved to stick to Declaration of Indul- gence," 113 ; debates thereon, addresses to King against it, his evasive answers, VIS, 129; beginning of Test Act, 1211; King appeals to House of Lords without success, 129, 130 ; cancels D.'clar ition, S.'s annoua^ement, 131; his reasons for appeal to the Lords, 132 ; " Test Act " passed, imposing Protestant Oath on offtcials, supported by S., 136; public fear of coercion into Popery, 14(5 ; S. regarded as the protet-tnr of Protes- tantism, 149 ; S.'s fear of assassination by Papists, 150 ; addresses of Hunse of Lommons against Duke of York's mar- riage with TMary of Modena, 153 ; S. leads ojiposition in House of Lords, 1S7 ; carries address to ]-emove Papists from London, ISS ; discussions on restrain- ing Popery in the royal faiuily, 159; measures aimed against Duke of York, 193 ; Danby's Test Bill, opposed by S. , his reasons against it, 203 — 205, App. VI. Ixxvii ; proofs that Charles II. was a Roman Catholic, 2S8, 2n9 ; Popish Plot of 1678, its mixture of truth and false- h> Duke of York, 371 ; liecomes bail tor S. on Ids release from the Tower, bail dis- charged, 441 ; joins S. and >lonmoi.itU to raise an insurrection, 445 ; his cautio;i opposed to confidence of S. , mind of S. probably atfected, 449 ; h|s uniiori.! co-ojieration with S-, 291, 477, 478, 48^>, Preface, v. Russell, Lady William, her opinion of S., ii. 307, 438, App. Vlli. cxxvii. Rutland, Countess of, letters to Locke referring to S., ii. 39. Rutland, Earl of, marriage of his daughter to Aiitliony Asldey, son of S., ii. 35. Ivuvigiiy, .Marquis de, French Ambassador, his notices of S., i. 273, 378, 292 ; envoy xlvi INDEX. to negotiate a French allumre, ii. ; brilies English statesmen, 11 ; renewed negotiations, 13 ; his endeavour to bribe S. to return to office, ISl, App. III. xliv. Ruvigny, 51. (son of tlie Marquis), treats with Opposition on belialf of Louis XI V. , ii. 267 ; treats witli Louis and Cliarles for French subsidies, 274. St. Giles's, S. laj-s the first stone of his house there, i. 86 (see Wimborne St. Giles). St. James's Park, wrestling match before Charles II., ii. 45. St. Martin's Lane, house there oecupied by S., ii. 223. Salisbury, Earl of, supports motion for dissohition in consequence of proroga- tion for fifteen months, ii. 230; oi'dered to ask jiardon, refuses, sent to tlie Tower, 232 ; petitions King for release, 237 ; released, 239 ; letter to S. on his peti- tion for release, 258 ; record of im- prisimment cancelled, 260; resigns as Privy Coiinc'illiir, 387. Salisbury Plain, S. elected for Wilts on, i. 112. Sancroft, Archbishop, employs an Italian spy. wlio reports to liim tlie death of S., ii. 455. Sandwich, Montagu, Earl of, letter to S., i. 214; made K.G., 227; created Earl of Sandwich, 2i.'9 ; made Pnsident of Council f(ir Trade and Plantatidiis, ii. S ; killed in sea-liglit in Soutliwold Bay, 84, 96. Savile, Lord, his forged letter to the Scotch Commissioners i. 35. Scandalum Magnatum, actions of, brought by S. after his release from the Tower, il. 441 ; not allowed to lie tried in Mid- dlesex, discontinued, 442. Sehomberg, M., ajqiointed Commander-in- Chief, ii. 146. Scot, Thomas, accuses S. of Royalist intrigues, his denial, i. 179 ; exeouted as a I'egicide, 243. Scotch army enters England (1644). i. 57. Scotland, its rei>resentation in Kichai'd Cromwell's Parliament, i. 146, 158 ; speech of S. on the state of, ii. Ajip. VI. ci ; speech of S. on Lauderdale's government, ii. 321. Seroggs, Chief Justice, dismisses grand jury from trying indictment against Duke of York, ii. .866. " Sell-denying Ordinance," its efl'ect on the Civil War, i. 75. Sef|Uestration, fine incurred by S. remitted by Cromwell on petition, i. 134 Seymour, Edward, Speaker of tlie House of Commons, ofhcial speeches to him by S. , bicigi-aphical notices of him, ii. App. V. Ixix. Sliaftesbury, DorsetsViire, taken from the lioyali.sts by S. , i. 67, Ajip. II. xxx. Sliaftesbury (Anthony Ashley, second Earl of), his Ijirtli. i. 87 ; sent to Oxlord, visited there by S., 285, 286, 294 ; nego- tiations for his marriage, ii. 32 ; letter from S. as to proposed marriage with niece of the Earl of Warwick, 33 ; with niece of John Evelyn, married to Dorothy, daughter of Earl of Rutland, letters from S. to Locke on arrange- ments for the marriage, 35 — 37 ; birth of his son (third Earl), letters from Lady Dorothy Ashley to Locke referring to S., 38, 39; Act of Parliament enabling liim as a minortojacknowledge fines, &c. of lands. 38 ; notices of, in Stringer's correspiondence with Locke, 222, 223, 224 ; satirized by Drydcn, his character, 431. Shaftesbury, third Earl, his birth, ii. 38 ; his education entrusted to S. who visits him at Wimborne St. Giles, 224 ; his education Ijy S., 24S ; letter from Lady S. to Locke on his illness, 450. Shaftesbury, fourtli Earl, enqdoys Martyn to write Memoir of S. Preface, xvi. "Sliaston," the old spelling of Shaftes- bury, Dorsetshire, i. 67. Sheriffs of London elected by Court in- trigues, 443 — 445. Shirley, Dr., speech of S. on his appeal from Chancery, ii. App. VI. Ixxxiv. Shorthand written by Sir W. Morrice, Secretary of State, ii. 45. Short Parliament (see Parliament). Sidney, Algernon, references to S. in his correspuudence, ii. 328. Sidney, Henry (see Romuey, Earl of). "Size" of beer at Oxford University, i. 17, Api>. I. xii. Skinners' Company, S. a member, con- gratulatory dinner to him on his acquit- tal, ii. 441. Soldiers, Parliamentary, reprieved by S.'s influence, i. App. II. xxxviii, xliv. "Solemn League and Covenant" con- cluded (1643), i. 57; signed and ad- ministered to others by S., 86. Southaniiiton, Earl of, made K.G. by Chfirles II., i. 227, appointed Lord Trea- surer, 229 ; his connexion by marriage with S. , 2.57; acts with S. in opposing High-Church measures, 261 ; his death, 304. Southwell, Sir Robert, letter to S. on an alleged design upon his life, ii. 305, App. VII. cvii. Speculations of S. in Africa and West Indies, mines in Cardiganshire and Somersetshire, and a Derbyshire "dis- covery," ii. 226 (see Bahamas and Caro- lina). Sjieeches, Cliarles II. to Parliament, ii. 113, 154, 274, 292, 298, 331, 372, 382, 404. Speeches of Pri\'y Councillors in Com- mittee for Foreign Affairs, and con- INDEX. xlvii fevence with Charles II. , ii. App. VII. cxviii. Speeches of S. on creation liy Croimvell of a second House of Parliament, i. 138 ; in Richard Cromwell's Parliament, reported by Burton, 148 ; extracts and references to them, 148 — 168: long speech against time on tlie " otlier Hout--e," lliO, App. IV. Ixiii ; in favour of leniency to the regicides, 241, 242, 24.-^, 247 ; on revenue and the Church, 250, 251, 253, 254 ; against Corporation Act, and jVct of Uniformity, 2lj0, 201; on "Dispen- sing Bill," 2(iS, 200 ; on swearing in Clilford as Lord Treasurer, ii. 97 ; as Lord Chancellor, official, 113; Strin- ger's account of its preparation, 117 ; custom for tlie Cliaucellor to make such a speech, 115 ; on swearing in Danliy as Lord Treasurer, 145 ; on opening Parliament, official, 154 ; on swearing in Baron Thurlaud, 109 ; quoted by Earl of Essex, App. IV. xlix ; against Danby's Test Bill, 205, 200 ; to Court of King's Bench on habeas corpus for release from tlie Tower, 238 ; in House of Lords, for release, 258 ; on tlie power of France, its mastery of the seas, 278 ; on the state of the nation, 321 ; against imposing oaths on Dissenters, 328 ; in favour of bill for exclusion of Duke of York, 375 ; on King's divorce, and marriage to a Protestant, 377, 378 ; again on bill for excluding the Duke of York, ordered to be Iniriit by tlie hang- man, 283, App. VL cii ; when Chan- cellor, Ajip. V. Iviii — Ixxvi ; after his Lord Chancellorship, App. VI. Ixxvii — cvi. Spain and France, war between, ii. 9 ; peace concluded, 12. Spencer, Margaret, third wife of S., her family and character, i. 121 ; her letter to Sunderland, 122 ; letters of S. to her, 285 ; letters from her to Locke, ii. 40, 460 ; named by S. as his sole executrix, jewels bequeathed to her, 458. Staflbrd, Viscount, tbuud guilty of treason, ii. 382. StQlinglleet, Bishop, obtains prebend at re'quest of S., ii. 193. "Stop of the Excheery, 88 ; refusal by S. to be Lord Ti-easurer, 90 ; on official spieech of S. as Lord Cliaucellor, 117 ; his account of S.'s family and ceremonies as Lord Clian- cellor, 109; of Ru-\igny's attempt to bribe S. to return to office, 181 ; letter to him from Sir William Cooper, on death, will, and funeral of S., ii. 459 ; letter of his widow to Lady Elizalieth Harris, granddaughter of S., on Biu'net's misrepresentations, App. VIII. cxxiii ; letter from Locke to him, on )iroceed- ings of Parliament at Oxford, App. VII. cxii ; liis letters to Locke (see Letters). Stuart, Jliss (afterwards Duchess of Rich- mond), dishonourable proposals of ^ Charles II. to her, i. 309. Sturininster, S, marclies against Royalists at, i. 67, App. II. XXX. Sunderland, Earl of, his relationshii) to S., i. 121 ; ajipointed Secretary of State, ii. 307 ; his desire to give office to S., 320 : his scheme to introduce the Prince of Orange, 339 ; sends for Duke of Yorlc on Cliaries II. 's illness, 343; his fear of S. and Monmouth, 344 ; applies to S. to be First Commissioner of the Treasury, he refuses, 352 ; witli Laurence Hyde and Sidney Godolphin icliief ministers),nick- iiamed " the Chits," 353 ; urges Prince of Orange to come to England, 300 ; his desire to conciliate S. , 37(1 ; urges Cliaries II. to send Duke of York froiu England, 371 ; supports liill for his exclusion from the succession, 370 ; dismissed from Privy Council and as Secretary of State, ;"*8 * . Sunning Hill, S. there to drink the Astrop waters, i. 295. Suppressed passages fnnn Ludlow's Me- moirs referring to S., i. App. III. hi. Sycamore, the (see Gardening). Sydenham, Colonel, with S. at the taking of Wureham, i, 59 ; at tlie storming of Abbiitsbury, Ii3 ; his ojipcsition to Bare- bone's I'arlianuait, 101 ; named on the Council of State, 110. xlviii INDEX. T. Taunton besieged by the Royalists, re- lieved by S., i. 72, App. II. XXX. Temple, Sir William, negotiates Triple Alliance, ii. 11; sent to the Hague to support it, 13; ascribes "Stop of the Exchequer" to Clifford, 65 ; again sent to the Hague, peace of Ninieguen con- cluded, 276 ; his account of new Privy Council, 3'25 ; promotes design for intro- ducing the Prince of Orange, 339 ; dis- missed as Privy Councillor, 3S7. " Test Act " (see Religion). Tewkesbury, a himt dinner at, represented in Parliament by S., i. 27, 28, 3U,Api>. I. xxi; S, again elected for, 112. Thauet House, Aldersgate Street, occupied by S., ii. 22.5, 400 ; S. arrested at, 412 ; S. absconds from, to avoid arrest, concealed in the City and Wapping, his fliglit to Holland, 446, 447. Thurland, Baron, speech of S. on swearing him in, ii. App. V. lix. Tliynne, Thomas, presents petition for meeting of Parliament, rejected by Charles II. ii. 355. Tillotson, Bishop, his attemjit to induce Lord Wilham Russell to disavow his opinions, ii. App. VIII. cxxvi. Timber, remarks by S. on pUmting, ii. 50. TongTie, a perjured witness with Titu.s Gates, ii. 287, 291. Tooker, — , guardian of S., i. 13. Tower of London, secured for the Parlia- ment by S., i. 200, 202; his letter to Fleetwood tliereon, App. V. Ixxiv ; S. committed there for disputing legality of long ])rorogation, ii. 232 ; his treat- ment, 234, 230, 240, 247, 249, 250 ; kept in confinement by adjournments of Par- liament, petitions the King, 237 ; appears in King's Bench on hahtits corpus, oilers bail, judges have no jurisdiction, t39 ; his .speech, App. VI. xciv : petitiims King and Duke of York, circular letter to Peers, 250 — 254 ; petitions House of Lords, debate thei-eon, is heard, makes subnussion, and is released, ii. 257 — 260, 265 ; visitors to liini in confinement, 261 ; record of imprisonment afterwards can- celled, 260 ; five Roman Catholic Peers imprisoned, 297; Lord Howard of Escrick committed for treason, 411 ; S. com- mitted, 413 ; apjjlies for trial or bail, refused, 414 ; his illness, kindness of Sir Thomas Clieke, the Lieutenant, 415 ; further applications for trial or bad refused, attempt of ministers to strengthen evidence, 416 ; S. indicts magistrate and witnesses, indictment rejected, 417 ; applies for leave to retire to Carolina, tlie King refuses, 419 ; tried by special conunissiou, 419 ; judge's cliarge, e\-idence, gi-and jui'y ignore the bill, 421 — 425 ; fresli endeavours to strengthen evidence, 419, 420, 421 ; S. released on bail, his bail discharged, 441; joy at his acquittal, 427, 441; mysterious death of Lord Essex, App. VIII. cxxv. Trade and Plantations, Council for, S. appointed a member, i. 249 ; his atten- tion to these subjects, 277 ; measures for improvement of trade, proposed by him, ii. 6; new Council, Earl of Sand- wich jtresident, S ; S. apjiohited presi- dent, Lord Culpepper \-ice-president, Waller and Evelyn members of Council, Locke secretary, 93 ; Council superseded by Charles II., Committee of Privy Conned appointed, 222 ; Parliamentaiy report on decay of, Api>. I. v ; advice of S. to Charles II. for its de\-elopment, described by Martyn, AjiiJ. I. ix. Travelling ui the seventeenth century, i. 286, 287. Treasury, death of Earl of Southampton, Treasury put in Conimission, i. 304 ; S. ajipointed a Commissioner, 305 ; Pepys' note on management of Commission, 30S ; Charles II. 's proposal to make S. Lord Treasurer, refused, ii. 90, App. III. xxvi ; Clittbrd appointed Lord Treasurer, 97 ; speech of S. on swearing him in, App '■'. Ivii ; Danby succeeds him, 144 ; speech of S. on swearing him in, 145, App. V. Ixi ; Danby dismissed, office put in Commission, 320 ; Essex resigns as First Commissioner, post refused by S., taken by Laurence Hyde, 352. Tregonwell, John, account of him by S., i. App. I. vii, viii, xviii ; Lord Digby's quarj'el with S. at his house, ii. 215. Trenchard, Sir Thomas, notice of by S., Apii. I. xix. Trial and acquittal of S., 421—425. Trial and execution of Charles I., 85. Trial of the regicides (see Regicides). Triennial Act repealed, i. 277. Triple Alliance of England, Holland, and Sweden against France, ii. 9 ; intrigues to lireak it, 12 ; Dryden accuses S. of breaking it, 69. "Tucking" freshmen, an old custom at Oxford, i. 17, Ajip. I. xii. Tunbridge, visit of S. to, i. 75. U. Uniformity (see Act of Uniformity). Uvedall, Sir William, account of him by S., i. App. I. .xvii. V. Vane executed as a regicide, i. 248. Vicars's Parliamentary Chronicle, on the storming of Abbotsbury, by S., i. 64. W. Waller, Edmund, member of CouncU of Trade and Plantations, ii. 93. Waller, Sir Williiim, Pailiamentarj' Gene- ral, his connexion with S., i. 58, 69. Waller, Sir William, takes refuge at Am- INDEX. xlix sterdam, admitted a burgher, ii. 452 ; offer of Massal to murder hira, 45-3. Wallin.nford Hu\ise (site of the present Admiralty), tlie residence of Fleetwood, i. 16" ; meetings there to op)iose Rieliard Cromwell, 169, 173, 18S, App. III. lix, Ixi, App. V. Ixxv. Wareup, a magistrate, prepares charge of treason against S., ii. 413; indicted by S., admission of indictment refused, 417. Wardrobe of S. in l(i72, ii. 102. Wards (see Court of Wards). Wareham, garrisoned by the Royalists, taken by S., i. 59, App II. xxix ; its destruction proposed by S. , Ofi. Warwick, Earl of, proposed marriage of his niece to S.'s son, letter from S. to the Earl, ii. 32, 33. Weymouth, surrendered to the King's army, i. 43 ; S. appointed governor, 45 ; retaken by Essex, .JS. Wharton, Lord, supports motion for dis- solution in cousequ>ence of pirorogation for lifteeu months, ii. 230 ; ordered to ask pardon, refuses, sent to the Tower, 232 ; petitions King for release, 237 ; released, 239 ; record of imprisonment cancelled, 260. Wlieelock, John, servant of S., accom- panies him in his flight, ii. 451 ; S. dies in his arms, 455 ; legacy left to him by S.,458. Whitelocke's allusions to S., 1. 76. "Whole Duty of Man," its author.ship, i. 22. Wight, Isle of, S. appointed Go\-eruor, i. 213, 249. Wilkius, Dr., appointed Bishop of Chester, joins in a scheme of "comprehension" of Dissenters, ii. 6. Wilkinson, Captain Heniy, endeavour to suborn him to give e\idence against S., ii. 419. William III. (see Orange, Prince of). Williamson, Sir Joseph, Secretary of State, extracts from his coiTesjiondence, ii. 136, 142, 150, 155, 249, 307, App. III. xxxii. Willis, Dr., consulted by S. at Oxford, i. 294. Wilson, Samuel, secretary to S., com- mitted for treason, ii. 419 ; removed by habeas corpus, 440. Wiltshire, S. appointed sheriff (1G4T), i. 80, 83 ; represented by S. in Bareljoue's Pai'liament, 95 ; S. elected memlier for, 112 ; again elected, but excluded by the Council of State, 124 ; takes his seat under the "Petition and Advice," 136; represented by S. in Richard Cromwell's Parliament, 147. Wimborne St. Giles, Shaftesbury's birth- place, i. ], 4; ciiurch rebuilt by his father, 4 ; S. lays first stone of his house there, 86; S. created "Baron Ashley' of Wimborne St. Giles, extract from his patent of peerage, 256 ; S. \isited there by Charles II., 289 ; Locke resides witli S. there, ii. 35, 38 ; described as "sweet St. Giles" by Lady Ashley, daughter-in- law of S., 39; letter from S. to his bailiff, on planting timber, apple trees, &c. , 49; "orders for Lord Shaftesbury's house, settled July 167.5," 211 ; funeral of S. at, 461. Worcestershii-e, when visited by S , i. 27, App. I. xxi. Wrestling match in St. James's Park, for 1,0001 before Charles II., ii. 45. Wyche, his " Vindication" of S., Pretace, XX. York, Charles I. at, i. 55. York, Ann Hyde, Duchess of, anecdote of her, ii. 104 ; her death, 141. York, Duke of (afterwards James II ), ojjposes High Church measures, i. 263 ; attends the cabal, or Cabinet (1667), ii. 3 ; supports alliance with France against Holland, 13 ; becomes a Roman Catholic, meeting at his house to esta- blish tliat religion, 16 ; opposes Lord Roos's Remarriage Act, 42 ; (piarrels with S. about his place in the House of Lords, 118; resigns ofiiceonpassingof Test Act, death of his wife, Ann Hyde, 141 ; com- ments on his retirement and avowed Popeiy, 142, 143 ; marriage with Mary of M ouena, 147 ; addresses again.st it from House of Commons, 152 ; letter to him from S. when prisouerin tlie Tower, 253 ; promotes alliance against France, 255 ; in- trigues with S. andotliersfor dissolution and remo\'al of Danby, S. 's memorandum, the Duke's perversion of the truth, 283 — 285 ; letters of Coleman pressing the Duke's claims to assistance from France, 295 ; address proposed for his removal from the Privy Council, he withdraws, 298 ; new Parliament adverse to him, 306 ; makes conditions for leaving Eng- land, 308 ; departs for Brussels, 309 ; ac- count by S. of his character and conduct, 314 ; resolution of Parliament against him, 330 ; bill for his exclusion from the- succession, 331 ; projiosal to make him King of the Romans, 340 ; sent for on illness of Clmrles II., 343 ; returns to Brussels, 344 ; sent for by Charles, 356 ; indicted by S. and others as a recusant, grand jury dismissed, 366 ; urged by ministers to leave England, 370 ; he goes at the King's request, 371 ; ex- pedient of Charles II. for his governing Ijy a regency, 404 ; rejected, 405 ; his conduct as King, 46?. A LIFE OF ANTHONY ASHLEY COOPER, FIRST EARL OF SHAFTESBURY. LIFE OF SHAFTESBURY. CHAPTEE I. 1621—1639. Birth and parentage — Baronetcies of father and maternal grand- father — The Coopers and Ashleys — Sir Anthony Ashley — Death of mother and of father —Sir A. A. Cooper a King's ward- Losses of property by Court of Wards — Litigation with Sir Francis Ashley and Denzil Holies— Sir A. A. Cooper's wealth — His guardians — Goes to Rxeter College, Oxford, when sixteen — His life at Oxford — Entered at Lincoln's Inn — Marries at eighteen daughter of Lord Keeper Coventry — Predictions of a German astrologer — His brothers-indaw, Henry and Sir William Coventry, and sisters-indaw, Lady Savile, mother of Lord Halifax, and Lady Pakingtou — Sketch of his youth. Anthony Ashley Cooper, the future Earl of Shaftes- bury, was born on July 22, 1621, the nineteenth year of the reign of James the First. He has himself been careful to note that he was born " early in the morn," and that he was " the eldest cliild then living of his father and mother."^ His father was John Cooper, created in the next year a baronet, of Iiock- borne in Hampshire.^ His mother was Anne, the only child of Sir Anthony Ashley, knight, who was also in 1 Autobiographical Sketch of 1646 prefixed to Diary, A]ipcndix II. 2 Knckborne is close to the borders of Wiltshire and Dorsetshire, and within a few miles of Wimborne St. Giles. VOL. I, B 2 LIFE OF SHAFTESBURY. Chap. I. the next year made a baronet, of Wimborne St. Giles in Dorsetshire. He was born in his grandfather's house at Wimborne St. Giles, near Cranborne ; " he was nursed," he has written himself, " at Cranborne by one Persee, a tanner's wife." ^ The date of Sir Anthony Ashley's baronetcy is July 3, 1622, and that of Sir John Cooper's the day after. The order of baronets had been created by -lames the First ten years before, and in the present year he completed tlie number, two hundred, of which it was originally provided that the order should consist, and which, it had also been stipulated, was never to be exceeded. Every baronet then paid one thousand and ninety -five pounds for the honour. No one was admitted to it who was not possessed of a thousand pounds a year, clear of encumbrances, and who could not prove descent from a grandfather on the father's side who had borne arms.^ " My parents on both sides of a noble stock, being of the first rank of gentry in those countries where they lived," — is Shaftesbury's own account of his ancestry.^ The Coopers appear to liave been persons of con- sideration in the West of England, for at least two generations before Sir John Cooper, the father.^ Henry the Eio'hth granted the manor of Paulet in Somerset- shire, taken from the Gaunt's Hospital in Bristol, to Richard Cooper of Eockborne, Sir John Cooper's grand- 1 Autoljiogra.phical Sketch. 2 By tlie rules of the order every baronet was also a knight ; so Shaftfshury, in the Fragment of Antohiography, describes his father as " knight and baronet." (.\ppendix I.) 3 Fragment of Autobiography, Appendi.x I. * Collins's Peerage (Brydgcs), iii 545. 1621. HIS ANCESTRY. 3 father.^ Sir John Cooper's father was member of Parliament for Whitchurch, in Hampshire, in 1586, and received the honour of knighthood from Queen Elizabeth. Sir John Cooper himself sat in the House of Commons for Poole, in the first and third parlia- ments of Charles the First, 1625 and 1628.^ Shaftesbury's lineage on the mother's side was more ancient and distinguished. The Ashleys, a younger branch of an ancient Wiltshire family,^ had been planted at Wimborne St. Giles since the reign of Henry the Sixth ; and their ancestors, traced through heirs female, had been lords of that manor from before the reign of Edward the First.* Sir Anthony Ashley in- herited the property late in life, on the death of his cousin. Sir Henry Ashley, without issue.^ He had been bred to public employment, and had probably already enriched himself in the service of the State. He liad been for many years one of the Clerks of the Privy Council. In 1589 he went as Eoyal Commissioner in Norris and Drake's expedition against Portugal, and in 1596 he was Commissioner for embarking the troops and Secretary to the Council of War in the expedition of Lords Effingham and Essex against Cadiz.*" Essex knighted him with many others after the capture of Cadiz. On his return home he was charged with ^ Collinson's Hist, of Somersetshire, iii. 100. ^ Willis's Not. Pari. ii. 411. He was John Pym's colleague. ^ Coker's Survey of Dorsetshire, p. 14. * See the Ashley pedigree in Hutchius's Hist, of Dorsetshire, iii. 174. ^ Burke's Extinct Baronetcies, Ashley of Wimborne St. Giles. * Camden, Ann. Elizabeth (Hearnej, p. 720. Stry])e's Annals of Reform, iv. 400. Some of Shaftesbury's biographers have made the mistake of calling Sir A. Ashley Secietary at War to Queen Elizabeth. There was no such oliice in those days. b2 4 LIFE OF SHAFTESBURY. Chap. I. peculation, was imprisoned, and was for some time in disgrace. When, late in life, he became the proprietor of Wimborne St. Giles, he was a liberal benefactor of the parish. He rebuilt the parish church, and built and endowed almshouses for the relief of eleven old persons.^ He is said to have introduced the cultivation of cabbages from Holland.^ Shaftesbury appears to have derived from his mother's side the "pigmy body" of Dry den's satire. He describes Sir Anthony Ashley as " of a large mind in all his actions, his person of the lowest," and he says that " his daughter was of the same stature ; " while of Sir John Cooper, his father, he says that he was "very lovely and graceful both in face and person, of a mode- rate stature, neither too high nor too low."* Old Sir Anthony Ashley felt the liveliest interest in the grandchild born to inherit the ancient possessions of his house. He caused him to be christened, in devia- tion from custom, with the double name of Anthony Ashley ; " for notwithstanding," says Shaftesbury, " my grandfather had articled with my father and his guardians that he should change his name to Ashley, 1 ArchiBologia, xxii. 172 ; Birch's Mem. of Q. Eliz. ii. 49, 9.5, 144, 171. Several letters preserved in the Cotton and Lansdowne MSS. in the British Mu;jeurn show that Sir A. Ashley's official life was not free from suspicion on other occasions. 2 Hutchins's Hist, of Dorsetshire, iii. 193. 3 Evelyn's " Acetiiria, a Disc(iurse of Sallets : " " 'Tis scarce a hundred years since we first had cal)baj^es out of Holland, Sir Anthony Ashley of Wiberg St. Giles in Doisetshire being, as I am told, the first who planted them in England." — The "Acetaria" was publislied in 1699. Ben Jonson in his " Volpone," first acted in 1605, describes a busy newsmonger as receiving weekly intelligence " out of the Low Countries in cabbages." * Fragment of Autobiography, Appendix I. 1628. HIS MOTHERS DEATH. yet, to make all sure in the eldest, he resolved to alter his name so that it should not be parted with."^ In the same year, 1621, in which Anthony Ashley Cooper was born, the old grandfather, then in his seventieth year, married a second wife, a very young lady, by name Philippa Sheldon, related to the great favourite, the Duke of Buckingham. But this second marriage seems to have made no ill-will ; a daughter born to Sir John and Lady Cooper two years later was cliristened Philippa after Lady Cooper's stepmother. Sir Anthony Ashley lived long enough to choose his grandson's first tutor, whom he chose because he was a Puritan, and he died, at the age of seventy-six, on January 13, 1628.2 Anthony Ashley Cooper was then in his seventh year. Six months after his grandfather's death Anthony Ashley Cooper's mother died of small-pox. Her death was on the twentieth of July, 1G28. She left two cliil- dren besides Anthony, — a daughter Philippa, two years 1 Fragment of Autobiography. — Two Cliristiau names were then uncomimm. Sir Simonds D'Ewes, having occasion to name Sir A A. Cooper in 1641, in his Journal of the Long Parliament, explains, "He named Anthony Ashley in his baptism" (Harl. MSS. in T.ritish Museum, 162, p. 21.3 a). Cromwell is said to have called him Marcus Tullius Cicero, the little man with three names. (Martyn's Life of Shaftesbury, i. 168.) Camden mentions that there was a jirovision in Sir John C;ooper's marriage settlement, that, if he or any of his heirs should obtain a peerage, tJie title was to be Ashley (l>ritannia, (iibson's ed. i. 63) ; and this is confirmed by a note of the fourth Earl of Shaftes- bury preserved in the family pajiers, stating on the authority of Mr. Stringer, that Sir A. A. Cooper was ignorant of such a stipulation when he cfhose the title of Baron Ashley alter the Restoration, and was much rejoiced, on his afterwards becoming accpiainted with the settle- ment, that he had unwittingly complied with this provision. 2 Sir A. Ashley's young" widow married Carew Kaleigh, the^son of Sir Walter, and survived "her second husband, wbo died in 1667. Sir A. Ashley's first wife, Shaftesbury's grandmother, was Jane, daughter of Philip Okeover, Esq. , of Okeover in Stalfordshirc. 6 LIFE OF SHAFTESBUKY. Chap. I. younger than Anthony, and a son George, two years younger than Pliilippa.^ Sir John Cooper afterwards made a second marriage with Lady Morrison, widow of Sir Charles Morrison, knight, of Cashiobury in Hertfordshire, and one of the daughters and co-heiresses of the great City mercer. Sir Baptist Hicks, created by Charles the First Viscount Campden." He died within three years after his first wife's death, March 23, 1631. He had no children by his second wife. She had had one daughter by Sir Charles Morrison, who lived to inherit Cashiobury, and who passed it to the family to which it still belongs : for she became the wife of the gallant, ill-fated Lord Capel, the victim of one of the Commonwealth High Courts of Justice, and was the mother of the not less ill-fated Earl of Essex, a political associate of Shaftes- bury in the reign of Charles tlie Second, whose myste- rious death in the Tower on the morning of Lord Eussell's trial is one of the melancholy incidents of the Ilye House Plot. Cashiobury being the jointure house of his second wife, Sir Jolui Cooper lived there frequently with his family after his second marriage, and Cashiobury was thus the home of Lord Shaftesbury during a portion of his boyish years. Sir Antliony Ashley Cooper had lost both his parents before he completed his tenth year. He inherited, with other property, very extensive estates in the four counties ^ Philippa Cooper married Sir Adam Brown, baronet, of Betchworth Castle in Siiirey, and died at a very advanced age in 1701. (Aubrey's Surrey, ii 307.) George Cooper married, in 1G47, one of the daughters and co-heiresses of Alderman Oldfield, of London. 2 Banks's Dormant and Extinct Peerages, iii. 140. 1631. ENCUMBERED INHERITANCE. , of Hampshire, Wiltshire, Dorsetshire, and Somerset- shire.' But Sir John Cooper had encumbered this inheritance by gambling and extravagance, and the young baronet's fortune was now further injured by the gross injustice of a relative, by maladministration of the Court of Wards, and by great litigation. Inheriting estates held by tenure of knight-service of the Crown, Sir Anthony Ashley Cooper became a King's ward ; and all his property so held was, during his minority, under the control of the Court of Wards. Sir John Cooper had left considerable debts, and now, by corrupt means and by the active instrumentality of Sir Francis Ashley, a brother of old Sir Anthony, an order for sale was obtained from the Court of Wards, by which the young baronet's interests M'ere greatly injured. Sir Francis Ashley was the King's Serjeant, and as such had great influence with the Attorney of the Court of Wards. Thus he obtained a decree of sale in which his own friends were named commissioners to the exclusion of the trustees appointed by Sir John Cooper,^ and properties were sold, much below their 1 See the report of the In([nisition held at Rockborne under the CoTirt of Wards after Sir J. Cooper's death, in C'ollins's Peerage (Brydges), iii. 546. The only property there mentioned, out of the four western counties, is "in the county of Middlesex, a messuage in Holborn, called the Black Bull, and divers tenements in Muscliamp.s." It appears from the Diary, that P'ly Rents, Holborn, formed part of Sir .John Cooper's estate (Append. II., November 29, 1647). Sir A. A. Cooper inherited other property, which did not come under the Court of Wards. In the Diary are mentioned a plantation in Barbadoes and an estate in Derbyshire (March 23, 1646; September 11, 1649). 2 Sir Francis Ashley does not appear to have been one of the com- missioners himself, thoixgh Shaftesbury, in the Fragment of Auto- biography, says that he was. Many papers relating to these proceedings are preserved in the records of the Court of Wards in the Chapter House, whei'c I have seen a list of the commissioners, which does nol contain Sir F. Ashley's name. 8 LIFE OF SHAFTESBURY. Chap. I, value, to Sir Francis Ashley and some of the commis- sioners themselves. The trustees, however, refused to convey the lands to these purchasers, and applied to the Court of Wards for time to sell to greater advantage, and for permission for Sir Anthony Ashley Cooper to buy, he having property not in wardship from which he could do so. This was refused, unless the purchaser should consent. One, the purchaser of Pawlett, con- sented;^ but Sir Francis Ashley and Mr. Tregonwell, a Dorsetshire neighbour, who had contracted for Eock- borne, were obdurate. The trustees were then ordered by the Court to convey the estates to those purchasers who insisted ; they refused, and were put in prison and not released till they had executed the conveyances.^ " Thus," says Shaftesbury, in his Autobiography, '' was my estate torn and rent from me before my face by the injustice and oppression of that Court, near relations, and neighbours, who, I may truly say, have been twenty thousand pound damage to me." Shaftesbury proceeds to relate how he ultimately 1 Pawlett was bought for Sir A. A. Cooper for 2,500^. (Diary, Jan. 21, 1648.) His property of Ely Rents, Holboru, was bought for him for 1,800/. (ibid. Nov. 29, 1647.) - The account in the text is taken from the Fragment of Auto- biography. But who were " the trustees " imjjrisoned is doubtful. The three trustees appointed by Sir John Cooper's will were Sir Daniel Norton, Mr. Edward Tooker (his brotlier-in-la\v), and Mr. Hannani of Wimborne ; the last declined to act. It appears by a note among the papers at St. Giles's, that Robert Wallop and Francis Trenehard were committed to the Fleet, June 16, 1634, for refusing to assign Damer- ham and Loders to Sir F. Ashley. It is therefore jw'obable that sales had been actually nuide by the trustees of Sir John Cooper's will to friends in trust for Sir Anthony ; and that Wallop and Trenehard, the friends to whom Dainerham and Loders were so sold in trust, were the trustees imprisoned. Wallop was in this way trustee for Ely Rents. (Diary, November 29, 1648.) 1631. LITIGA.TION IN COUKT OF WARDS. 9 - recovered Eockborne, and behaved generously to his ungenerous neighbour's descendant : — "Yet Mr. Tregonwell had not good success in his hard dealing, for he was so greedy of a good bargain that he looked not into his title, and this manor proved entailed on my father's marriage with my mother, my father having left tliis out of the fine he passed on all his other lands when he conveyed them for the discliarge of his debts, not intending to sell the place of his father's bones, especially when his other land would more than serve to pay all. This blot was soon hit, when I came to manage my own matters ; and Mr. Tregonwell's grandchild and myself came to an agree- ment, I suffering him to enjoy his own and his lady's life in the manor, in which I designed to bury all animosity or ill-will as well as lawsuits betwixt the families." With Sir Francis Ashley there was further litigation. The trustees, after the forced conveyance, preferred a bill against him to enforce execution of a trust to which the property was subject, and which he tried to evade. Sir Francis, knowing that the trustees derived the means of litigation from an estate of Sir Anthony's which was not in wardship, then made an endeavour to bring this property within the control of the Court of Wards. The property thus exempt from wardship had come to the young baronet from his grandfather, probably under his mother's marriage settlement, and the deed had been drawn by the famous N"oy, who was at this moment Attorney-General. Shaftesbury, describing these pro- ceedings when he was an old man, speaks of this last 10 LIFE OF SHAFTESBURY. Chap. I. endeavour of Sir Francis Ashley as a wicked design for the total ruin of his fortune. His trustees made him go himself to Noy to endeavour to prevail on him to be his counsel. The influence of the Attorney-General in the Court of Wards would probably be all-availing ; but he might, on the other hand, be unwilling to appear against the Crown. " Mr. Noy was then the King's Attorney, who being a very intimate friend of my grandfather's had drawn that settlement ; my friends advised that I was in great danger if he would not undertake my cause, and yet it being against the King, it was neither proper nor probable he would meddle in it for me ; but weighing the temper of the man, the kindness he had for my grandfather, and his honour so concerned if a deed of that consequence should fail of his drawing, they advised that I must be my own solicitor, and carry the deed myself alone to him, which, being but thirteen years old, I undertook, and performed with that pert- ness tliat he told me he would defend my cause though he lost his place. I was at the Court, and he made good his word to the full without taking one penny fees." ^ Sir Francis Ashley appeared for himself, " My Lord Cottington was then Master of the Wards, who, sitting with his hat over his eyes, and having heard Sir Francis make a long and elegant speech for the overthrowing of my deed, said openly, ' Sir Francis, you have spoke like a good uncle.' Mr. Attorney Noy argued for me, and my uncle rising up to reply (I being then present in Court), before he could speak two 1 Fragment of Autobiography. 1634. LITIGATION IN COUIIT OF WARPS. 11 words, he was taken with a sudden convulsion fit, his mouth drawn to his ear, was carried out of the Court. and never spoke more." ^ This was in 1634, and in 1641 there was still liti- gation about Sir Francis xlshley's purchases between Sir Anthony Ashley Cooper and the heir of Sir Francis, the celebrated Denzil Holies, who had married Sir Francis Ashley's only child.^ The exactions and corruptions of the Court of Wards were soon to have an end. 'J'he Civil War broke it up, and its functions then ceased, never to be revived, for one of the first acts of the legislature after the Eestora- tion was the abolition of the Court of Wards and the military tenures connected with it ; and Sir Anthony Ashley Cooper was then able to avenge the losses of his youth by giving a helping hand for the abolition.^ There is no reliable account of the extent of Shaftes- bury's fortune, but with all the losses of his youth he undoubtedly remained a wealthy man. The rental which he inherited is stated to have been ei^ht thousand ^ Sir liichard Baker notes Sir F. Ashley's death as, " oy the will of God," November 20, 1635. (Chronicle, p. 417, ed. 1684.) Noy, who was made Attorney-General in January 1634, died August 9, 1635. (Howel's Letters, i. 241; Notes and Queries, 1st Ser. i. '211.) There must therefore be a mistake in Baker's date of Sir F. Ashley's death. Sir F. Ashley was a conspicuous defender of the ai'bitrary system of Charles the First, and was committed to custody by the House of Lords in 1628, on account of the violence with which he argued at the bar of that House for the Crown, against the Petition of Right. '^ It appears by a note preserved among the family jiapers that Sir F. Ashley had promised to reconvey Damerham and Ijoders, two of the manors he had become possessed of, to Sir A. A. Cooper, when he became of full age, and that there was a .suit against Holies to compel execution of this promi.se. On February 13, 1637, the Court declared the promise voluntary and not binding, and pronounced Holles's denmrrer good in bar of Sir A. A. Cooper's suit. 3 " Sir A. A. Cooper spoke against the Court of Wards and for the Excise." (Pari. Hist. iv. 148, November 21, 1660.) 12 LIFE OF SHAFTESBURY. Chap. I. a year/ which would be equivalent to more than twenty thousand at present. He estimates his losses by the Court of Wards at twenty thousand pounds, which at the then rate of eight ])er cent, interest would be a loss of 1,600/. a year. He may have made some addition to his property by his three marriages with daughters of peers, — of Lord Coventry, the Earl of Exeter, and Lord Spencer of Wormleighton. He was, through life, careful of his fortune and eager to improve his income by trade and speculation. On the other hand it is to be said, both to the honour of his character and as a sign of his wealth, that there is no trace of his having made any unworthy gains in the confiscations of the Commonwealth, or of his having received or sought any of the various grants so profusely given by Charles the Second among his ministers and courtiers. After his father's death Sir Anthony Ashley Cooper, Math his brother and sister, lived with one of the trustees of his father's appointment, Sir Daniel Norton, at South- wick, near Portsmouth. His first tutor, the Puritan whom Sir Anthony Ashley had chosen, now left him. This tutor, by name Guerden, became afterwards a physician, and, Shaftesbury says, had great practice in London. Shaftesbury was an acute discerner of cha- racter ; and if the following account of his first tutor gives the recollections of a boy of ten, his powers of discernment must have been developed early : " This man was moderately learned, a great lover of money, and had neither piety proportionable to the great pro- fession he made, nor judgment and parts to support the ^ Rawleigh Redivivus, p. 6 ; Martyn's Life, i. 36. 1635. CHANGE OF GUARDIAN. 13 good opinion he had of himself; but he served well enough for what he was designed for, being formal, and not vicious."^ In Sir Daniel Norton's house he had for tutor a Mr. Fletcher, of whom all that Shaftesbury tells us is, that he was " a very excellent teacher of grammar." He now went often to London, in term-time, with Sir Daniel Norton, who was obliged frequently to go there on his ward's business. " He very often took me with him," says Shaftesbury, " as thinking my presence, though very young, might work some compassion on the Court, or those that should have been my friends." Sir Daniel Norton died in 1635, and the three young Coopers then went to live with anotlier trustee, Mr. Tooker, who had married a sister of Sir John Cooper, and who lived at Salisbury, and at Madington, eight miles from Salisbury. Lady Norton had wished that they should continue with her, looking to the young baronet as a good match for one of her daughters, and Shaftesbury owns that his young heart Avas a little touched. " Truly, if the condition of my litigious fortune had not necessitated me to other thoughts for support and protection, the sweetness of the disposition of that young lady had made me look no further for a wife." He chose to go and live with his uncle Tooker, and his brother and sister accompanied him : — " My uncle Tooker and Sir Walter Erie both also pretended to take care of me ; Sir Walter Erie's son, Mr. Thomas Erie, being of the same age with me, and there being the nearest friendship betwixt us was 1 Fragment of Autobiography. 14 LIFE OF SHAFTESBURY. Chap. I. imaginable in our years, which increased as we grew older, and never to expire but in both our deaths. But my being so very young was assisted with the troubles I had already undergone in my own affairs, having now for several years been inured to the complaints of miseries from near relations and oppressions from men in power, being forced to learn the world faster than my book, and in that I was no ill proficient : yet I had for my diversion both hounds and hawks of my own. I chose my uncle Tooker, my surviving trustee, for my guardian, he being most versed in my affairs, my nearest relation, and had the reputation of a worthy man, as indeed he proved. He was a very honest, industrious man, an hospitable, prudent person, much valued and esteemed, dead and alive, by all that knew him." ^ Having had for about a year before going to the University a third tutor, of whom no more is known than that he was a Master of Arts, of Oriel College, Oxford,^ Sir Anthony Ashley Cooper was sent to Oxford in 1637, at the age of sixteen.^ He was entered as a gentleman -commoner at Exeter College, — the college chiefly resorted to from the western counties of England, which was then flourishing under the mastership of Dr. Prideaux, afterwards Bishop of Worcester. Shaftes- bury says in his Fragment of Autobiography, that he was "under the immediate tuition of Dr. Prideaux," and in the short sketch of his early life, written in 1646, he calls Dr. Prideaux his tutor, and mentions that Mr. 1 Fraf^mcnt of Autobiography. 2 Aiitobiograpliical Sketch prefixed to Diary. ^ His name had been entered, according to Anthony Wood, in Lent Term, 1636. (Ath. Oxon. ed. Bliss, iv. 7.) 1638. LIFE AT COLLEGE 15 Hussey, " since minister of Hinton Martin," ^ was his servitor. He stayed at Oxford not much longer than a year, and during this time he was entered as a student at Lincoln's Inn, and he probably went up to London from Oxford to keep law terms.^ It is likely that Sir Anthony Ashley Cooper gave little attention at Oxford to the studies of the Univer- sity, but it cannot be doubted that his brilliant abilities and strong will, afterwards so conspicuous on the world's stage, were otherwise exhibited. The cares of life had come early upon him and disturbed in boyhood the regularity of his education ; he had " learnt the world," in his own expressive words, " faster than his book ; " but the manly business of his boyhood had doubtless helped to quicken the development of his understanding and mould that character, compounded of grave failings and many excellent dispositions, which has made for him so chequered a fame. Shaftesbury's speeches and writings give ample evidence of early culture. His talents and genial character, aided by a liberal allowance and his social position, made him a leader among his college contemporaries. The following account of himself at college is not over-modest, but it has all the air of truthfulness : — " I kept both horses and servants in Oxford, and was allowed what expense or recreation I desired, which liberty I never much abused ; but it gave me the oppor- In Dorsetshire ; and Shafteslniry, who was hn'd of the manor, liad doiihtless given his okl servitor the living. '^ Some of Shaftesbury's biographers have incorrectly made him member of Gray's Inn. His name is one of the last entered in the Lincoln's Inn register, in 13 Car. I., l(i37-8. Lord Falkland's name is within four or five before it. 16 LIFE OF SHAFTESBURY. Chap. I. tunity of obliging by entertainments the better sort, and supporting divers of the activest of the lower rank with giving thein leave to eat, when in distress, upon my expense, it being no small honour among those sort of men that my name in the buttery -book willingly bore twice the expense of any in the University. This expense, my quality, proficiency in learning, and natural affability easily not only obtained the good-will of the wiser and elder sort, but made me the leader even of all the rouah young men of that college, and did then maintain in the schools coursing against Christchurch, the largest and most numerous college in the University."^ Shaftesbury's account of " coursing " at Oxford, and of his own achievements in resisting the " tucking " of freshmen and a designed alteration of the " size " of college beer, is a most curious contribution to the knowledge of Oxford University life in the seventeenth century. " This coursing was in older times, I believe, intended for a fair trial of learning and skill in logic, metaphysics, and school divinity, but for some ages that had been the least part of it, the dispute quickly ending in affronts, confusion, and very often blows, when they went most gravely to work. They forbore striking, but making a great noise with their feet, they hissed, and shoved with their shoulders, and the stronger in that disorderly order drove the other out before them; and, if the schools were above stairs, with all violence hurrying the contrary party down, the proctors were forced either to give way to their violence or suffer in the throng. Nay, the Vice- Chancellor, though it seldom has begun when he was ^ Fragment of Autobiograpliy. 1638. LIFE AT COLLEGE. 17 present, yet being begun, he has sometimes unfortunately been so near as to be called in, and lias been overcome in their fury once up, in these adventures. I was often one of the disputants, and gave the sign and order for their beginning ; but being not strong of body, was always guarded from violence by two or three of the sturdiest youths, as their chief, and one who always relieved them when in prison, and procured their release; and very often was forced to pay the neighbouring farmers, when they of our party that wanted money were taken in the fact, for more geese, turkeys, and poultry than either they had stole or he had lost : it being very fair dealing if he made the scholar, when taken, pay no more than he had lost since his last reimbursement. " Two things I had also a principal hand in when I was at the college. The one, I caused that ill custom of tucking freshmen to be left off : the other, when the senior fellows designed to alter the beer of the college, which was stronger than other colleges, I hindered their design. This had put all the yovmger sort into a mutiny ; they resorting to me, I advised all those were intended by their friends to get their livelihood by their studies, to rest quiet and not appear, and that myself and all the others that were elder brothers or uncon- cerned in their angers, should go in a body and strike our names out of the buttery-book, which was accord- ingly done, and had the effect that the senior fellows, seeing their pupils going that yielded them most profit, presently struck sail and articled with us never to alter the size of our beer, which remains so to this day. " The first was a harder work, it having been a foolish custom of great antiquity, that one of the seniors in the evening called the freshmen (which are such as came since that time twelvemonth) to the fire, and made them hold oat their chin, and they with the nail of their right VOL. I. c 18 LIFE OF SHAFTESBURY. Chap. I. thumb, left long for that purpose, grate off all the skin from the lip to the chin, and then cause them to drink !i beer-glass of water and salt. The time approaching when I should be thus used, I considered that it had happened in that year, more and lustier young gentle- men had come to the college than had done in several years before, so that the freshmen were a very strong body. Upon this I consulted my two cousin-germans, the Tookers, my aunt's sons, both freshmen, both stout and very strong, and several others, and at last the whole party were cheerfully engaged to stand stoutly to defence of their chins. We all appeared at the fires in the hall, and my Lord of Pembroke's son calling me first, as we knew by custom it would begin with me, I, according to agreement, gave the signal, striking him a box on the ear, and immediately the freshmen fell on, and we easily cleared the buttery and the hall ; but bachelors and young masters coming in to assist the seniors, we were compelled to retreat to a ground chamber in the quad- rangle. They pressing at the door, some of the stoutest and strongest of our freshmen, giant-like boys, opened the doors, let in as many as they pleased, and shut the door by main strength against the rest ; those let in they fell upon, and had beaten very severely, but that my authority with them stopped them, some of them being considerable enough to make terms for us, which they did ; for Dr. Prideaux being called out to suppress the mutiny, the old Doctor, always favourable to youth offending out of courage, wishing with the fears of those we had within, gave us articles of pardon for what had passed, and an utter abolition in that college of that foolish custom."^ 1 Fragment of Autobiography. Anthony Wood describes this prac- ce o" ' 1647. tice of "tucking," as existing in Merton College when he entered in 1639. HIS MARRIAGE. 19 Sir Antliouy Ashley Cooper left Oxford before the usual time, and too soon to take a degree ; and on the twenty-fifth of February, 1639, when yet only eighteen, he was married to Margaret, a daughter of Lord Coventry, the Lord Keeper. His uncle and guardian, Tooker, had suggested this marriage, thinking thnt he had need of powerful friends. Sir Anthony, writing in 1646, when this lady was alive, describes her as " a woman of excellent beauty and incomparable in gifts of nature and virtue." She died suddenly in 1649 ; and on the occasion of her death, Cooper wrote, in what is generally the most meagre and prosaic of diaries, this touching and exquisite piece of praise : — " She was a lovely, beautiful, fair woman, a religious, devout Christian, of admirable wit and wisdom, beyond any I ever knew, yet the most sweet, affectionate, and observant wife in the world. Chaste, without a suspicion of the most envious, to the highest assurance of her husband ; of a most noble and bountiful mind, yet very provident in the least things ; exceeding all in anything she undertook, housewifery, preserving, works with the needle, cookery, so that her wish and judgment were expressed in all things ; free from any pride or froward- ness, she was in discourse and counsel far beyond any woman." A German astrologer. Dr. Olivian, w'as one of Shaftes- bury's friends and companions in boyhood. He had been in old Sir Anthony Ashley's house when the young heir was born there ; he cast his nativity, and predicted for the infant a great career. He imbued the boy with a faith in astrology, which, according to Burnet, c2 20 LIFE OF SHAFTESBURY. Chap. I. Shaftesbury retained in manhood.^ Eelying on liis art, he had now endeavoured to persuade the young baronet to marry the sister of a Dorsetshire neighbour, Mr. Rogers. Shaftesbury thus tells the story : — " This match Dr. Olivian, my great friend, earnestly pressed me to, not only as it was every way suitable and fit for me, but, as he positively affirmed, he saw by his art there would be feuds and great danger to me if it was not a match, and, if it were, he could assure me she would prove a vast fortune ; professing he had no concern in it above mine ; and I did truly believe so, but I told him I could not see a possibility of her being so great a fortune, or having considerable addition to her present portion, since her father had divers sons and sons married. He replied he was sure of the thing, but could not tell me how it should be ; and this lady, after marrying my Lord Maynard, by the death of her brothers and strange unequal humour of her father, came to be a very great fortune indeed." Thus one part of the prediction was verified ; the feuds and troubles predicted also arrived. Mr. Rogers became a rival for the hand of Margaret Coventry, and Sir Anthony never forgave the offence. " For Mr. Rogers, hearing where my address was, did, by the favour of my Lord Cottington, then a suitor to the elder sister, earnestly press to be admitted a servant fo my mistress, but neither she nor her friends would admit it ; but yet ^ " He had the dotage of astrology in him," says Burnot, " to a high degree ; he tohl me that a Duteli doctor had from the stars foretohl him the whole series of his life." (Own Time, i. 96.) Another story is told in " Rawleigh lledivivus," p. 7, of a prediction by the German doctor that Sir Anthony wonld have a narrow escape from drowning on a certain day, and the prediction is said to have lieen verified. 1639. THE COVENTltY FAMILY. 21 the offer and attempt was so open and avowed tliat it began a never reconciled feud betwixt us, he having offered me the highest injury, and merely out of malice." ^ Sir Anthony Ashley Cooper's marriage with a daughter of Lord Coventry connected him with three persons who bear important parts in the politics of the reign of Charles the Second. Henry Coventry, one of his wife's brothers, was Secretary of State during seven years of that reign ; he had before been employed in diplomacy, and was joint plenipotentiary with Holies for tlie treaties of Breda. He was a man of probity, genial character, good judgment, and superior though not splendid abilities. Sir William Coventry, another brother, was a man of greater mental mark ; lie was Secretary of the Lord High Admiral and the chief administrator of the Admiralty in the first seven years of Charles the Second's reign, was one of Charles's chief advisers at the time of Clarendon^s fall, which he nnich lielped to bring about, and was at that time, according to Burnet, expected to become chief minister f but he suddenly ^ Fragment of Autobiography. 2 Burnet's Own Time, i. 265, and Lord Dartmouth's and Speaker Onslow's Notes. Sir W. Coventry has been erroneously supposed to be the authoi- of the "Character of a Trimmer," which was written by his more celebrated nephew, Lord Halifax. Coventry distinctly denies the authorship in an interesting letter to his nephew, Thomas Thynne, afterwards Lord Weymouth, preserved at Longleat. He follows up the denial of the authorship of the tract by avowing himself to be a Trimmer. " 1 have not been ashamed to own myself to be indeed a Trimmer, not according as the Observator paints them, but (as I think the name was intended to signify) one who would sit u]iright, and not overturn the boat by swaying too much on either side." Sir W. Coventry died in 1686, and left by his will 2,000/. to the French refugees, and 3,000?. to redeem slaves in Barbary. (Lady Russell's Letters, i. 193 ; Savile Correspondence, published by the Camden Society, pp. 293-5.) Marvel, in a satirical poem of 1667, introduces 22 LIFE OF SHAFTESBURY. Chap. I. lost tlie fickle King's favour, aod was afterwards for many years one of the most able and respected members of the House of Commons. A sister of Sir Anthony Ashley Cooper's wife married Sir William Savile, baronet, of Thornhill in Yorkshire and Eufford in Nottingham- shire ; and of this marriage was born the witty, accom- plished, and eloquent Lord Halifax, who came to be a chief minister towards the end of the reign of Charles the Second, and was successively one of Shaftesbury's friends and coadjutors, and one of his keenest adver- saries in the last troubled years of Shaftesbury's life. Talent was largely given to the children of Lord Keeper Coventry ; another of his daughters, who married Sir John Pakington, a distinguished Cavalier baronet, is believed with good reason to have been the author, or one of the authors, of the " Whole Duty of Man."i An orphan at the age of nine ; at war, while a boy, with the rapacity and injustice of relatives ; forced, as he says of himself, to learn the world faster than his book, and called early by business to tlie thoughts and cares of manhood ; having inherited in childhood a title which was then a considerable distinction, and growing up to be the possessor of a large estate ; with no father's Sir William and Homy Coventry as the chosen leaders of the supporters of Government in tl " ' first Dutch war : — • of Government in the House of Commons during Charles the Second'.s " All the two Coventries their generals chose, For one had much, the other nought to lose. Not better choice all accidents could hit, While hector Harry steers by Will the wit." See Ballard's Learned Ladies, p. 320. 1639. SKETCH OF HIS YOUTH. 23 autliority to control, or mother's love to render gentle guidance, Sir Anthony Ashley Cooper grew up to manhood under circumstances which may serve to account for something harsh and jarring in the course and character of the Earl of Shaftesbury. OHAPTEK II. 1639—1644. Lives, after marriage, with his father-iu-hiw — Hani ey bowling-green in Dorsetshire — Sir A. A. Cooper's neighbours — Lord Digby — Visit to Worcestershire with Mr. Coventry — Elected member for Tewkes- bury, at age of eighteen, for the Short Parliament of April 1640 — Termination of Fragment of Autobiography — The Parliament quickly dissolved — Lord Coventry's death in January 1640— Letter of John Coventry, Feliruary 1640 — Lord Savile's forged letter — Petition of twelve peers to the King for a parliament — Returned in a double return for Downton to Long Parliament — Petitions — Holies said to have prevented his being seated — Came forward for the King in Dorsetshire in spring of 1643 — Dispute about his being made Governor of Weymouth anil Portland— Ultimately appointed — Letter from the King to Marquis of Hertford — Appointed King's Sheriff of Dorsetshire — In February 1644 goes over to the Parlia- ment — His statement of his motives made before the Committee of both Kingdoms. Sir Anthony Ashley Coopek, being still a minor and not yet in possession of his property, lived, after his marriage, witli his father-in-law the Lord Keeper, at Durham House in the Strand, and at Canonbury or Canbury House in Islington.^ He frequently visited Wimborne St. Giles, and im- proved his acquaintance with his Dorsetshire neigh- bours. Bowls was then a favourite game of the English gentry, and the county bowling-green a place of gather- ing. Sir Anthony frequented a bowling-green at Hanley, ^ The Lord Keeper rented these two houses : Durham House from the Earl of Pembroke, and Canonbury or, as it was called, Canbury House from the Earl of aSTorthampton. 1639. WESTERN GENTRY. 25 not far from Wimborne St. Giles, which was the weekly resort of the leading gentlemen of the eastern part of Dorsetshire. Here he used to meet his enemy, Mr. Rogers. ^o^ " The eastern part of Dorsetshire had a bowling-green at Hanley, where gentlemen went constantly once a week, though neither the green nor accommodation was inviting ; yet it was well placed to continue the correspondence of the gentry of those parts. Here I omitted no opportmiity, and it was often given, to show Mr. Eogers, where his coach and six horses did not a little contribute to their envy. His garb, his discourse all spoke him one that thought himself above them ; which, when observed to them, they easily agreed to. My family alliances and fortune, being not prejudiced either by nature or education, gave me the juster grounds to take exceptions ; besides my aff\ible, easy temper, now with care improved, rendered the stiffness of his demeanour more visil)le." ^ Shaftesbury has sketclied in his Autobiography the characters of most of the leading gentry of Dorset- shire and Somersetshire at the time of his marriage. The longest and most finished of these sketches, — that of Mr. Hastings of Woodlands, — is generally known, having a place in the collection of the "■ British Essayists."^ It is a graphic description, written with great humour, pungency, and vigour. Most of the persons whom he ^ Fragment of AutoLiograpliy, Appendix I. ^ It is in the "Connoisseur," No. 81, August 14, 1755. It was firs-^ printed iu Dr. Leonard Howard's " Collection of Letters and State Papers," puldislied in 1753. Horace Waljiole, in his " Royal and Noble Authors," made a mistake, which has been generally copied, in saying that it first appeared in Peck's " Desiderata Curiosa," where it is not to be found. 26 LIFE OP SHAFTESBURY. Chap. II. has sketched are unknown to fame. But one young man who appears on this list of Dorsetshire gentry, — Lord Digby, afterwards the second Earl of Bristol, — was in four years from this time Secretary of State to Charles the First, and had a long political career, in which great abilities and great advantages were always preju- diced by vanity and indiscretion. " The Earl of Bristol was relieved from all business, and lived privately to himself ; but his son, the Lord Digby, a very handsome young man, of great courage and learning, and of a quick wit, began to show himself, he being highly admired by all ; and only gave himself disadvantage with a pedantic stiffness and affectation he had contracted." Shaftesbury's account of himself at the beginning of manhood, of his high animal spirits which pain could not conquer, of his playfulness in society, and of his wit and address which won for him at the age of eighteen a seat in the House of Commons, would suffer by any al)ridgment : — " My wife continuing at her father's house, my Lord Keeper's eldest son, Mr. Thomas Coventry, an honest, fair, direct man, carried me with him to see his house in Worcestershire, where we stayed some time ; and I grew in great respect in those parts for a pleasant, easy humour, but especially in the town of Tewkesbury by an accident. They having invited their neighbour, my Lord Keeper's son, to a hunting in the chace near them and a dinner at their town after, all the neighbour gentry were called in to grace the matter, who failed not to appear and pay a respect not only to the town, but so powerful a neighbour. At the hunting I was 1639. VISIT TO WOECESTERSHIRE. 2 - I taken with one of my usual fits, wliicli for divers years had hardly missed me one day, which lasted for an hour, betwixt eleven and one, sometimes beginning earlier and sometimes later betwixt those times. It was a violent pain of my left side, that I was often forced to lie down wherever I was ; at last it forced a working in my stomach, and I put up some spoonfuls of clear water and I was well, if I may call that so, when I was never without a dull achiug pain of that side. Yet this never abated the cheerfulness of my temper ; but, when in the greatest fits, I hated pitying and loved merry company, and, as they told me, was myself very pleasant when the drops fell from my face for pain; but then, my servant near me always desired they would not take notice of it, but continue their diversions, which was more acceptable to me ; and I had always the women and young people about me at those times, who thought me acceptable to them, and peradventure the more admired me because they saw the visible symptoms of my pain, which caused in all others so contrary an effect. At this hunting the Bailiffs^ and chief of the town, being no hard riders, were easily led by their civility to keep me company, and being informed of my humour, we were very pleasant together, and they thought themselves obliged with my respect, as liking their company and being free with them. On the other hand, I was ready to make them any return of their kindness, which quickly offered itself, for part of our discourse had been of an old knight in the field, a crafty perverse rich man in power, as being of the Queen's Privy Council, a bitter enemy of the town and Puritans, as rather inclined the Popish way. This man's character and all his story I had learnt of them. At dinner the Baililfs sat at the 1 The chief officers of Tewkesiiury were two Bailiffs, annually elected by the burgesses, twenty-four in nuiuber, from their own body. 28 LIFE OF SHAFTESBURY. Chap. II. table's end ; Sir Harry Spiller and myself, opposite to one another, sat near them, but one betwixt. Sir Harry began the dinner with all the affronts and dislikes he could put on the Bailiffs or their entertainment, which enraged and discountenanced them and the rest of the town that stood behind us ; and the more, it being in the face of the best gentlemen of the country, and when they resolved to appear in their best colours. When the first course was near spent, and he continued his rough raillery, I thought it my duty, eating their bread, to defend their cause the best I could, which I did with so good success, not sparing the bitterest retorts I could make liim, which his way in the world afforded matter for, that I had a perfect victory over him. This gained the townsmen's hearts, and their wives' to boot ; I was made free of the town, and the next parliament, though absent, without a penny charge, was chosen Burgess by an unanimous vote. " During this time of my youthful days and pleasant humour, I had one accommodation which was very agreeable, a servant that waited on me in my chamber, one Pyne, a younger brother of a good family, every way of my shape and limits and height, only our faces and the colour and manner of our hair was not alike ; mine was then a flaxen inclined to brown, soft, and turning at the ends ; his was dark brown, thick, bushy, hard, curled all over. My stockings, shoes, clothes, were all exactly fit for him ; my hat, though my head was long and big and his round and little, yet he wore his hair so long and so thick that it served him reasonably well, that beinf the only part of my clothes that he could not buy and fit me by his own trial. His great felicity was to wear my clothes the next day after I had left them off, so very often appearing in the same suit of clothes I had worn the day before. He had a strong mechanic genius ; 1639. END OF AUTOBIOGRAPHY. 29 he quickly leavut to trim me, and all the art of any tradesman I used, but especially he was an excellent sempster; he sewed and cut out any linen for men or women, equal if not beyond any of the trade, and he never went without patterns of tlie newest fashions ; and, as soon as I alighted at any place, I was hardly in the parlour before my man had got to the nursery or laundry, and, though he was never there before, his con- fidence gave him entrance, and his science in that art they had most use of gave him welcome, and his readi- ness to teach and impart his skill, and to put them and their ladies into the newest fashions, gave him an inti- macy especially with the most forward and prating wenches ; those he expected his best return from, which was, besides the usual traffic and commerce of kisses (the constant trade betwixt young men and women), the intelligence of all the intrigues of the family, which he with all haste conveyed to me, and I managed to the most mirth and jollity I could. My skill in palmistry and telling fortunes, which for my diversion I professed, was much assisted by this intelligence, and gave me choice of opportunities which some would have made worse use of than I did." " Thus," adds Shaftesbury, " I have set down my youthful time. What follows is a time of business which overtook me early, and the rest of my life is not without great mixtures of the public concern, and must be much intermingled with tlie history of the times." And here, unfortunately, where the public interest of Shaftesbury's life begins, ends the Fragment of the Autobiography, in which he has related with so much spirit and humour the story of his youthful years, and 30 LIFE OF SHAFTESBURY. Chap. II. which he began in old age to compose, in order to vindicate his fame for posterity from many calumnies of malice and faction. In the short autobiographical sketch of 1646, Sir Antliony Ashley Cooper says of the election for Tewkes- bury : " In March, 1640 he was by a general and free election of the town of Tewkesbury chosen their first burgess for the parliament, in which short parliament he served them faithfully." There was no contest, and by "first burgess" must be meant that he was named first in the return of two members. The election for Tewkesbury was with the magistrates and all inhabit- ants paying scot and lot, and the number of electors was probably about four hundred. Sir Anthony had not -yet completed his nineteenth year ; but it was not uncommon then, and for long after, for minors to sit in parliament, though their doing so was contrary to law.^ This parliament, which met on the thirteenth of April, 1640, was Charles the First's fourth parliament ; and eleven years had passed since he had dissolved his third parliament in anger. The long interval had been marked by many arbitrary acts, by great discontents, by events memorable in English history ; by Sir John Eliot's death in prison, the imposition of ship-money and Hampden's resistance, a multitude of arbitrary procla- 1 At one time in James I.'s reign, there were counted forty members under age, some of them being only sixteen. The poet Waller sat in the House of Commons when onlj sixteen. Monk's son is said to have been only fourteen when he took part in a debate on Lord Clarendon's impeachment, November 16, 1667 ; but that he was so young is doubtful. The practice of minors sitting was put a stop to after the Revolution by a clause of the Triennial Act, whicli makes void the election of a person under twenty-one. See Hatsell's " Precedents," ii. 9. 1640. THE SHOET PAELIAMENT. 31 mations, many cruel punishments in the Star Chamber and Court of High Commission, a hirge introduction under Archbishop Laud's government of Komish prac- tices into the Church, and lastly an endeavour to force a liturgy un the people of Scotland, which raised a rebellion in that kingdom. The formidable appearance in arms of the Scotch Covenanters obliged Charles at last to call a parliament. Tlie Privy Council had unani- mously advised it ; yet the King would not adopt their advice, until every member of the Council had promised to support him in extraordinary ways of raising money, if the parliament proved untoward.^ Charles was very soon convinced of the untowardness of this parliament. He endeavoured to obtain an immediate supply, pro- mising to allow the parliament to continue to sit for the discussion of grievances. The House of Commons, however, insisted that grievances should first be dis- cussed. The parliament was dissolved in three weeks. There is no sign of Sir Anthony Ashley Cooper in the Journals, or in the accounts which we have of the debates, of this short-lived parliament, and no informa- tion whatever about liis proceedings. It has been generally assumed that he now voted blindly for the King. But it has also been generally assumed that, on the first breaking out of the Civil War, he was an ^ Clarendon State Papers, ii. 81. Secretary "Windehaiik to Sir A. Hopton, December 1 3, 1639: " P)Ut before liis Majesty would declare his resolution for this way, he was pleased to put anotlier (piestion to the Board, whether, if the parliament should prove as untoward as some have lately been, the Lords would not then assist him in such extraordinary ways in this extremity as should be thought fit, which being put to the vote, the Lords did all unanimously and cheerfully promise that in such case they would assist him witii tiieir lives and fortunes in such extraordinary way as should be advised and found." 32 LIFE OF SHAFTESBUKY. Chap. II. adherent of the King ; whereas he himself states that, as late as September 1642, after the King had set up his standard at Nottingham, he had " not as yet adhered against the Parliament." It was natural to infer that the young son-in-law of the Lord Keeper Coventry would vote on the King's side ; and most of his own relatives were on that side also. But Cooper, as a young man, was very likely to think and act for himself It is to be inferred from his account of his election for Tewkes- bury that the feeling of the electors, with whom he had ingratiated himself by banter of Sir Harry Spiller, was Puritan.^ Lord Coventry, Cooper's father-in-law, and the Lord Keeper, had died about three months before the meeting of this parliament, — before Cooper was elected for Tewkes- bury, and before the completion of a year after Cooper's marriage with his daughter. He died on the fourteenth of January, 1G40, " to the King's great detriment," says Clarendon, " rather than to his own."^ His young son- in-law, who was beginning life as his own master with wealth, inherited station, great talents, and eager tem- perament, probably lost by his death a wise and useful counsellor. Sir Antliony continued to live with his mother-in-law at Durham House and Canonbury, till, at the end of a twelvemonth after Lord Coventry's death, she gave up the two houses ; and then he went to live * Mr. Martyn says that Cooper was very diligent in his attendance in this parliament, and "every day wrote an account of tluir proceed- ings." (Life, i. 47.) No authority is given for this statement, and I have found no trace among Lord Shaftesbury's papers of such a journah Mr. Martyn does not say that he had seen such a journal : had he seen one, he would doubtless have given extracts. 2 History of the licbellion, ii. 64. 1640. LETTER FROM JOHN COVENTRY. 33 and keep house with his brother-in-law, the second Lord Coventry, at Dorchester House in Co vent Garden. ^ A letter to Cooper from another brother-in-law, John Coventry, the eldest son of the Lord Keeper by his second wife, who was Lady Cooper's mother, is the only vestige among the papers at St. Giles's of Cooper's private correspondence in early life. This letter was written in the short interval between the Lord Keeper's death and Cooper's election for Tewkesbury. John Coventry is mentioned by Shaftesbury in his Autobio- graphy as one of the leading men of Somersetshire at this time. 2 The following letter shows him a candidate for the county for the parliament called for April. It is superscribed, " To my truly honoured brother Sir Anthony Ashley Cooper, Baronet, Durham House, pre- sent these." " Dear Brother, — 1 hope you all came safe home on Tuesday night, as I did in the morning, for my horses began to find their legs again. We are here canvassing very hard. Mr. Smyth and Mr. Alexander Popham are pitched upon by the Eobins ; Sir Ealph Hopton and I as yet stand single ; what we shall do I know not Here is great exceptions taken, as I am told, at me for reporting that Mr. Alexander Popham was a banquerout, and that the Eobins had made choice of Eobiu-lioud as 1 Autobiographical Sketch prefixed to Diary. 2 He was father of Sir John Coventry, who ol)tained notoriety, in Charles the Second's reign, by a speech in the House of Commons reflecting on the King's amours, and by the savage assault made on him in consequence by a band of courtiers and rutiians instigated by Monnioutli, which greatly inflamed the House of Commons, and led to the passing of an Act " to prevent malicious maiming and wounding," which was familiarly known as the Coventry Act (22 & 23 Car. II. c. i.). VOL. I. D 34 LIFE OF SHAFTESBURY. Chap. II. an outlaw aud incapable of being cliosen. This is said to be dispersed here by a letter of Sir Francis Doding- ton's from London. I remember at Durham House being asked (I think by yourself) whom the Eobins would make. I answered, I thouglit Eobin-hood, naming Mr. Kirton or Mr. Stroud, and Mr. Aish the clothier. 'Tis true, I said, that some of them had a mind to Mr. A. Popham, but I knew he had refused to stand, and that some men did doubt whether he was eligible in respect of his brother's debts, for which I had heard he stood outlawed. But sure I think you have not heard me press anything with sharpness and barbarism against him, as is pretended. This was at the table, and if I mistake not, Mr. Ingram was present. I know Sir Francis liath acquaintance with him ; possibly he might tell him somewhat. Be pleased, I pray you, to speak with Mr. Ingram and know whether he told him any- thing, or anything more than I admit, and let me hear from you by the return of the post what he saitli, and wdiat your remembrance is. If he dividged not this, you have a dangerous pack of servants. Let none see this letter or know the contents but Mr. Ingram. Thus in haste, with my service to my sister and my lord and the rest of your good company, I remain, " Your faithful brother and servant, " J. COVENTEYE. " Orcpiard, February 29, 1639.^ " Keep this letter safe till I see you." The parliament which met on the thirteenth of April, 1640, having been abruptly dissolved on the fifth of May, Charles the First proceeded again to tiy his extraordinary ways of raising money. But these were soon found 1 February 1639, is old style for 1640. 1640. LOKD SAVILE's FORGED LETTER. 35 unavailing. The Scotch army crossed the Tweed and routed the King's forces. As a last hope of avoiding a parliament, Charles summoned all the peers of the realm to meet him at York. But before the day fixed for their assembling, he found himself constrained to call a parliament, and he announced to them, when they met, his resolution. The parliament which had been hastily dissolved in the spring is known as the . Short Parliament ; that which met in less than six months after, on the third of November, 1640, was the celebrated Long Parliament. Two short notes by Shaftesbury, on occurrences between the dissolution of May and the meeting of the next parliament, which may have been intended for the continuation of his Autobiography, may here be inserted.^ The first refers to the letter sent by Lord Savile to the Scotch Commissioners, urging an invasion of England, with a number of forged signatures of leading noblemen added to his own, which led the Scotch army to enter England in August. 1 These two passages occur in Locke's " Commonplace Book," under date December 1680, and are printed in Lord King's "Life of Locke," voL i. p. 222. The letters A. E. S. being appended to one of the passages in Locke's manuscript, Lord King conjectured that these initials meant Anthony Earl of Shaftesbury ; and the conjecture has been confirmed by two references in Martyn's " Life of Shaftesbury " (i. pp. 115, 119) to a manuscript of Shaftesbury's as authority for the same statements. I have not found the passages thus referred to among the papers at St. Giles's. Martyn may have seen tlieni, and they may have been since lost, or he may have only learnt about them from references by Stringer. Reference is made to one of these passages in a note of the fourth Earl's, which is preserved. The passages may have been fragmients to form part of the introductory historical sketch in the Autobiography whicli tenninates so abruptly at the Eefoi-mation, or they may have been detached notes written in 1680, for Locke's and Stringer's information. Locke sets them down in his " Commonplace Book " as notes for Paishworth's " Collections." d2 36 LIFE OF SHAFTESBURY. Chap. II. " This second coming in of the Scots was occasioned and principally encouraged by a letter which the Lord Saville, afterwards Earl of Sussex, writ with his own hand, and forged the names of a dozen or fourteen of the chiefest of the English nobility, together with his own, which he sent into Scotland by the hands of Mr. H. Darley, who remained there as agent from the said English lords until he had brought the Scots in. At the meeting of the grand Council, when the English and Scots lords came together, the letter caused great dispute amongst them, till at last my Lord Saville, being reconciled to the Court, confessed to the King the whole matter." ^ The second note is on the presentation of the petition to the King for a parliament, signed by twelve peers,^ and contains startling statements, which are, however, confirmed by Bishop Burnet's narrative. " This petition was presented to the King at York, by the hands of the Lord Mandeville^ and the Lord Edward Howard.* The King immediately called a Cabinet * A note of the fourth Earl of Shaftesbury, amon<:; tlie papers at St. Giles's, points out the importance of Shaftesbury's testimony to the story of Lonl Savile's forgery. Dr. Linr^anl expressed a doubt as to the truth of the story ; but it is too well attested to admit of reason- able doubt. Mr. Sanford has since published a long circumstantial account of the transaction, from a MS. in the British Museum, Add. MSS. 15,.567. See Sanford's " Studies and Illustrations of the Great Rebellion," p. 171, and Hallam (Const. Hist. ii. 125, note). - Mr. Hallam has given an incoi-rect list of the twelve peers who signed this famous petition : the names of Lords Paget, Wharton, and Savile appear in his list, instead of the Earls of Rutland and Exeter, and Lord Howard of Escrick. Compare Hallam, ii. 127, note, with the list in Lords' Journals, iv. 188. 3 Lord Mandeville, eldest son of the Earl of Manchester, had been called by writ to the Hcjuse of Lords, with the title of Baron Kim- bolton, by which name he is best known to us. •* Edward, younger son of the Earl of Suffolk, created Baron Howard of Escrick in 1628. His son, the third baron, obtained an unenviable fame in Charles the Second's reign by his evidence against Russell and Sidney. Ifi40. DOUBLE RETURN FOR DOWNTON, 37 Council, wherein it was concluded to cut off both the lords' heads the next day ; when the Council was up, and the King gone, Duke Hamilton and the Earl of Strafford, general of the army, remaining behind, when Duke Hamilton, asking the Earl of Strafford whether the army would stand to them, the Earl of Strafford answered he feared not, and protested he did not think of that before then. Hamilton replied, if we are not sure of the army, it may be our heads instead of theirs ; . whereupon they both agreed to go to the King and alter the counsel, which accordingly they did."^ Sir Anthony Ashley Cooper was not again elected for Tewkesbury. He was a candidate for Downton in Wiltshire, a borough in which he had propeiiy, and which was near his seat at AVimborne St. Giles ; and he was one of two candidates returned on a doid)le return. Neither he nor his rival could sit until it was decided which liad the right. Cooper says, in his Autobiographical Sketch written in 164G, that the Committee of Privileges decided in his favour, but that no report had been made to the House. " Eor this happy parliament," he writes, — being in 1646, when he wrote, a strong Parliamentarian, — " he was chosen ^ Bishop Burnet tells the same of Lord Wharton and Lord Howard of Escrick, i)resenting other petitions. "The Lord Wharton and the Lord Howard of Escrick undertook to deliver some of these, which they did,, and vvere clapt up ujion it. A council of war was held ; and it was resolved on, as the Lord Wharton told me, to slioot them at the head of the army, as movers of sedition. This was chiefly pressed by the Earl of StraHord. Duke Hamilton spoke nothing till the council rose; and then he asked Stratford, if he was sure of the army, who seemed surprised at the question : but he upon incpiirj' understood that very proltably a general mutiny, if not a total revolt, would have followed, if any such execution had been attempted." (Own Time, i. 29.) Lord Wharton was not one of the petitioners. Burnet's variances, which are probably mistakes, may enhance his substantial conlirmation of Shaftesbury's story. 38 LIFE OF SHAFTESBURY. Chap. II. a burgess for Downton in Wiltshire, in the phicc of Mr. William Herbert, second son to the Earl of Pem- broke, who was chosen knight also of a county in Wales ; Mr. Gorge, eldest sou to the Lord Gorge, was also returned ; but at the Committee for Privileges, it was clearly decided for Sir Anthony, yet no report made of it." This is probably quite correct. It appears by the Journals that the question had been referred to the Committee of Privileges, and a day fixed for the hearing, in February 1641 ; but the Journals then contain no further notice of the matter. Thus the question remained in abeyance and the seat vacant, and Cooper was ke^^t out of the House.^ The case is not singular. Sir John Bramston gives an account of a similar proceeding with his own petition for Bodmin, which, he says, was decided in his favour in Connnittee, but that the chairman, Serjeant May- nard, would never report.^ Obstruction may have been given to Cooper, as Sir John Bramston thinks that it was given in his case, from political motives. But Denzil Holies, who was a leader in the party opposed to the King, is said to have exerted himself, for private reasons, to prevent Cooper from obtaining his seat. The authorities for this statement are not unexcep- tionable ; ^ but there is a fact wdiich suggests that 1 Downton returned two members ; the return of one, Sir Edward Griffin, was undisputed. Sir E. Griffin adhered to the King, and, his seat having been declared vacant, a new writ was issued in September 1645, and Mr. Thistlewaite was then elected in his place. ^ Sir J. Bramstou's Autobiography, published by the Camden Society, p. ]60. '■' Locke's Memoir in Works, ix. 27L Martyn's Life, i. 143. The identical statement in these two places was doulitless derived from Stringer, and is introduced in order to j)rove Sir A. A. Cooper's magna- 1641. NOT SEATED FOR DOWNTOX. 39 Holies had an interest in excluding Cooper from the House, and which, if Holies has been calumniated, will account for the imputation. Holies was at this time prosecuting a suit in the Court of Wards against Cooper, arising out of his father-in-law Sir Francis Ashley's proceedings after the death of Cooper's father ; and there is an entry in the Commons' Journals on February 10, 1641, a few days before the reference of the question of the election to the Committee of Privileges, recording a permission given to Holies to proceed with the suit. Sir Simonds D'Ewes in his Diary gives a fuller explanation of the resolution : "It was agreed in the House that Mr. Hollis, a member of this House, having a suit against Sir Anthony Ashley Cooper (he named Anthony Ashley in his baptism), being an elected member of this House, but the election being in controversy, and he not yet admitted to sit as a member, was allowed to proceed in the suit, bemg in the Court of Wards, and demand publication of witnesses." ^ In 1645, after Cooper had joined the side of the Parliament and fought for it, he made an endeavour to get seated on the same petition for Downton, but still unsuccessfully. There is an entry in the Com- mons' Journals, September 1, 1645, that Sir Walter Erie was ordered to report on Sir Anthony Ashley nimity in not revenging himself on Holies, when called before the House of Commons, a few years after, as is alleged, to give evidence about transactions of Holies at Oxford. But this story of his being called as a witness against Holies is clearly a romance. See note at p. 41. 1 Harl. MSS. in British Museum, 162, p. 213 a. 40 LIFE OF SHAFTESBUKY. Chap. II. Cooper's election, but again no report was made. At last, on the eve of the Eestoration, in the last days of tlie Eump of this parliament, which Cooper had then prominently helped to resuscitate, he obtained a decision in his favour, and was declared to have been duly elected for Downton in 1640.^ Sir Anthony Ashley Cooper was therefore excluded from taking part in the great parliamentary contests of the beginning of the Long Parliament, which ushered in the Civil War. He was of age on the twenty-second of July, 1642. He had then not yet proclaimed himself a partisan. But swords had been then already drawn in the great quarrel of King and Parliament. On the twenty-fifth of August, the King set up his standard at Nottingham ; and Cooper, who was at the time visiting in Nottinghamshire, at his brother-in-law Sir William Savile's at Eufford, was present at this ceremony, but only as a spectator. " He was with the King," he says of himself, " at Nottingham and Derby, but only as a spectator, having not as yet adhered against the Parliament." - In the spring of 1643, after the failure of the nego- tiations at Oxford, Cooper came forward in Dorsetshire on the King's side.'^ He says of himself that at this 1 January 7, 1660. ^ Autobiographical Sketch prefixed to Diary. ^ The following account of Sir A. A. Cooper's proceedings, while he .supported the King's party, is derived from his own statements in the Autobiographical Sketch, written in 1646, and from Clarendon's "His- tory of the Rebellion ; " it is in complete contrast with the absurd, extravagant statements, to which some have given credence, contained in Mr. Martyn's Life, an'd in the fragment of a Memoir printed among Locke's works. The accounts given by Mr. Martyn, and in the Locke Memoir, are as follow. Sir A. A. Cooper, being a young man of twenty -two, is represented to have proposed to the King, in an inter- 1643. TAKES THE KING's SIDE, 41 time he " was by the gentlemen of the county desired to attend the King with their desires and the state of view at Oxford, to undertake tlie general pacification of the kingdom, if the King would autliorize him to treat with the parliamentary garri- sons and promise a new and free parliament. The King is said to have observed, "You are a young man, and talk great things;" but to have given Sir A. A, Cooper the autiiority he desired. All Cooper's plans are represented to have been spoilt by Prince Maurice, and on Cooper's complaining to the King it is said that " the King shook his head with some concern, but said little." It is further stated that, after this first grand project was broken by Prince Maurice, Cooper started another, which was that the counties should all arm ami endeavour to suppress both the contending armies, that Cooper brought most of the .sober and well-intentioned gentlemen of both sides throughout England into this plan, and that this was the origin of the " clubmen ; " that Cooper was now so strictly watched by the Court, which had become jealous of him, that he could not maintain the necessary correspondence witli distant counties ; that at this time the King wrote a very complimentary letter begging him to come to Oxford, but that his friends dissuaded him from going, telling him that danger lurked in the King's civility ; that Goring, who commanded a force in those parts, had orders to seize Cooper ; that he invited himself one day to dine with Sir Anthony, who upon this took fright and fled to the l^arliament's quarters. Most of this is downright falsehood ; it is in itself sufticiently improbable that Sir A. A. Cooper, when so young, should have been encouraged in such grand undertakings, and the story abounds in anachronisms. The clubmen, whom Cooper is said to have brought forward, did not appear on the stage before the spring of 1643, more than a year after Cooper liad left the King's cause. Mr. Godwin has pointed out this anachronism (Hist, of Commonwealth, i. 439, note). Goring had no command in the west at the time when Cooper left the King's cause iu February 1644 ; he had a command there in the following autumn. It will be observed that Shaftesbury in his Autobiographical Sketch makes no allusion whatever to the clubmen, which is not consistent with his having been the originator of so important a movement. There appear to be iu the whole of this elaborate story, two, and onl}^ two, facts, on which this superstructure of confused error has been raised : 1st, that Cooper attended the King at Oxford in 1643, with a deputation from his county ; and 2d, that he received a flattering letter from the King shortly before his defection. It is not unlikely that Cooper, in supporting the King's cause, assumed a somewhat independent tone, and that his own exaggerated accounts iu later life led a hearer, who had no personal knowledge of the events of tliis time, to misrepresentation. Another gross historical error occurs in a story told for the glorification of Cooper in the Locke Memoir, and likewise told by Mr. Martyn, of his being called by the Parliament as a witness against his old private adversary, Holies. Holies being accused in the House of Commons of having transacted separately with the King when he was sent with other commissioners to Oxford to treat of peace, it is stated that Cooper was called as a witness by Holles's accusers, as he was with the King at Oxford at the time, and that Cooper refused 42 LIFE OF SHAFTESBURY. Chap, II. the county." Clarendon says that the King resolved at this time to send the Marquis of Hertford with an army into the western counties, " the rather because there were many of the prime gentlemen of Wiltshire, Dorsetshire, and Somersetshire, who confidently under- took, if the Marquis went through these counties with such a strength as they supposed the King would spare to him, they would in a very short time raise so con- siderable a power as to oppose any force the Parliament should be able to send ;" and later, after the surrender of Bristol, Clarendon gives as one of the reasons why the King determined to divide his western army, and detach a portion under Prince Maurice and the Earl of Carnarvon to Dorsetshire, " some correspondence with the chief gentlemen of Dorsetshire, who were ready to join with any considerable party for the King, and had some probable hopes that the small garrisons upon the coast would not make a tedious resistance." Dorsetshire was entirely in the hands of the Parliament, who held all the ports, and Clarendon to give any answer and persisted in his refusal, though threatened to he sent to the Tower. Now the separate convei-sation with the King, which was made a charge against Holies, took place in November 1644, nine months after Cooper had (putted the King's party. In the Memoir in Locke's works, it is mentioned that Holles's separate transaction with the King was on the occasion of the treating at Uxbi-idge, which was even later, in tlie beginning of 1G45 ; but this is only one error more. The account in this Memoir and that of Mr. Martyn evidently proceed from the same source ; and that source is doubtless Mr. Stringer. Locke probably took these stories from Stringer, and wrote them down, without examination at the time, in a rough draft of a biography designed for subsequent correction. It is not impossible that Shaftesbiiry, in old age, may in conversation with his friends have given a somewhat false colour to the story of his early life ; and there is a remarkable passage in Burnet, accusing him both of boasting and of disingenuousness in speaking of his relations with Cromwell. (Own Time, i. 96.) 1643. DISPUTE ABOUT GOVERNMENT OF WEYMOUTH. 4:* speaks of Dorchester as "the most malignant town in England." ^ The Marquis of Hertford, as commander-in-chief of the western army, had commissioned Cooper, with Sir Gerard Napier, Sir John Hele, and Sir William Ogle, to treat with Weymouth and Dorchester for their sur- render; and Cooper had raised at his own expense a regiment of foot and a troop of horse, and received from Hertford commissions as colonel of the regiment and captain of the troop.- Hertford had given him also a commission appointing him governor of Weymouth and the island of Portland, when they should be taken for the King. In August, Dorchester, Weymouth, and Port- land all surrendered to the Earl of Carnarvon, imme- diately on his arrival with his army from Bristol. Very shortly afterwards, the Marquis of Hertford ceased to be commander-in-chief, the King desiring to give the chief command to Prince Maurice, who accordingly succeeded him. Cooper, hearing that Prince Maurice was not disposed to respect the commission which Hertford had given him to be governor of Weymouth and Portland, and that he wished to appoint some one else, went off immediately to Hertford, who was at Bristol, to jjress his claim. He had indeed already acted on Hertford's commission by nominating a commander for Portland. Hertford, who had lately, before his removal from his command, had a similar question with Prince Eupert about the governorship of Bristol, took up Cooper's case warmly. Weymouth and Portland had, in truth, been 1 History of Rebellion, vii. 94, 154, 155. 2 Autobiographical Sketch prefixed to Diary. 44 LIFE OF SHAFTESBURY. Chap. II. surrendered before he had actually ceased to be com- mander-in-chief, and he made it a question of his own honour with the King that the commission which he had given to Cooper should be confirmed. Clarendon, who was at Bristol, being then the King's Chancellor of the Exchequer, has given a detailed account of this incident, and describes Cooper as " a young gentleman of that country, of a fair and plentiful fortune, and one who, in the opinion of most men, was like to advance the place by being governor of it, and to raise men for the defence of it without lessening the army, and had, in expectation of it, made some provision of officers and soldiers, when it should be time to call them together." Hertford spoke with Hyde on the subject, and Cooper himself applied to him for liis intercession : " And Sir Anthony came likewise to him [Clarendon], who was of his acquaintance, and desired his assistance, that, after so much charge he had been put to in the expectation of it, and to prepare for it, he might not be exposed to the mirth and contempt of the country." Hyde wrote to the King, who was before Gloucester, then besieged by the royal forces, and he also "wrote to the Lord Falkland, to take Sir John Colepepper with him, if he found any aversion in the King, that they might together discourse and prevail with him." The King refused. Hertford was so much hurt that he talked of retiring to his own house to live privately and quietly, seeing that he had no more credit with the King. Hyde then went to the King ; and, according to his own account, written long after, when his feelings towards Shaftesbury were soured, " at last, with very great difficulty, he [Hyde] 1643. CONFIRMED AS GOVERNOR OF WEYMOUTH. 45 did SO far prevail with his Majesty, that he gave a com- mission to Sir Anthony Ashley Cooper to be Governor of Weymouth, which he was the more easily persuaded to, out of some prejudice he had to the person who he understood was designed to that government." ^ Such is the detailed account given by Clarendon of this incident, of which he had excellent opportunities of knowledge. Cooper himself makes no allusion to the difficulty and dispute, simply saying that, after Hert- ford's removal, he " had a continuation of all his com- mands under the King's own hand." Clarendon has omitted to mention that the King wrote to Hertford, signifying his consent to the appointment of Cooper and of the person whom he had named to command under him at Portland, but at the same time urging him to endeavour to persuade Cooper and his nominee to resign after a short interval, and then, on their resigna- tions, to confer with Prince Maurice about the selection of successors of greater experience and military know- ledge. The following is the King's letter to Hertford, which completes the story : — "Charles Pt. " Eight trusty and right entirely beloved cousin and councillor, we greet you well. Upon the hearing of some difference about the command of our town of Weymouth and our castle of Portland, signified to us by our Chan- cellor of the Exchequer, we have written to our nephew Prince Maurice, that our pleasure is that Sir Anthony Ashley Cooper and the person appointed by him remain in those commands according to the tenor of your com- ^ History of Rebellion, vii. 199. 46 LIFE OF SHAFTESBURY, Chap. II. mission granted to him ; which though out of respect to you and your grant we have thought fit to do, and that nothing like an affront may fall upon the gentlemen entrusted hy you, yet being informed of the youth of the one and the want in both of experience in martial affairs, and of the importance of those places and how likely they are, being ports, to be attempted by the Par- liament forces by sea, in which case, for want of an able and experienced commander, they may run great hazard to be lost, to the great prejudice of our afiairs, we earnestly recommend it to you to prevail with them willingly to resign their commands after they have held them so long as that they may not appear to be put from them, nor your connnission to have been disregarded by us. And we recommend to you so to advise with our nephew about the persons to succeed them therein that both these places for the security thereof may be in the hands of more able soldiers, and that (if such persons be there to be found) these soldiers may likewise be persons of some fortune and interest in those parts for the better satisfaction of the gentry of that country. And so not doubting of your ready compliance herein, we bid you heartily farewell. Given at our camp before Gloucester, the 10th day of August, 1643. " To our right trusty and right entirely beloved cousin and councillor, William Marquis of Hertford." ^ After this. Cooper was made sheriff of Dorsetshire for the King, and he says that he was appointed president of the King's council of war in the county.- But in a few months a great change took place. In the beginning of January 1644, Cooper resigned the ^ From a copy among Lord Shaftesbury's pajiers at St. Giles's. ^ Autobiographical Sketch prefixed to Diary. 1644. GOES OVER TO THE PARLIAMENT. 47 government of Weymouth and all his commissions under the King, and a few weeks after he went over to the Parliament. He presented himself in the Parlia- ment's quarters at Hurst Castle, on the Hampshire coast, on the twenty-fourth of Pebruary, and thence proceeded to London, where his wife joined him, after a year's separation. She had remained in Shropshire with her sister, Lady Thynne, while Cooper had been doing military service for the King in Dorsetshire.^ While Cooper represents his resignation of his com- missions as voluntary, and his change as purely the result of conviction. Clarendon has stated that he was removed from the government of Weymouth, and that he abandoned the King's cause from pique ; " and this explanation of Cooper's change has been generally accepted without inquiry. There is no doubt that Cooper was not ostensibly removed, and so far Claren- don's statement is unquestionably inaccurate. Claren- don's accuracy in details can never be relied on, and when he wrote his History, in exile, thirty years ^ Autobiographical Sketch prefixed to Diary. ® Hist, of Rel)ellion, viii 60. Colonel Ashbumham succeeded Cooper as governor of Weymouth, and Clarendon says that Cooper was removed to make way for him. He goes on to say that Cooper " was thereby so much disobliged that he quitted the King's party and gave himself up, body and soul, to the service of the Parliament, with au imj)]acable animosity against the roj'al interest." It is stated in " Rawleigh Redivivus" that Cooper was affronted by Ashburnham's being sent into Dorsetshire with a commission as. governor of the county which overrode his own authority as slieritf ; but this little biograjihy is a catchpenny publication of no authdrity, and the object of the writer was to prove Shaftesbury an injuretl man. Bishop Burnet ascribes Cooper's desertion of the King's cause to an incident which would have occurred, and which is related in the Locke memoir as occurring, before he became governor of Weymouth, viz. Prince Maurice's break- ing an engagement which he had made with one of the Dorsetshire towns, ou its surrendering to him for the King. (Own Time, i. 96.) 48 LIFE OF SHAFTESBUEY. Chap. II. after these incidents, he was angry with Shaftesbury. It is even probable that Cooper's own account of his conduct is entirely correct, and that he had no cause for resentment. Certainly, if Cooper had been pressed to resign the government of Weymouth in compliance with the King's wish as it had been conveyed to tbe Marquis of Hertford, his resignation might have been a virtual removal. But there is no trace of evidence of any endeavour made by Hertford or any one else to persuade Cooper to resign, and it is quite likely that the King's suggestion of his resignation, made at the time by way of compromise between Hertford's and Prince Maurice's pretensions, was not afterwards thought of It is beyond dispute that Cooper was appointed sheriff of Dorsetshire for the King after the decision of the question about the government of Weymouth. And there is no reason to doubt Cooper's own statements, written in 1646, that he was courted and treated with honour by the King to the last days of his remaining on the King's side, and that he had a promise of a peerage and received a complimentary letter from the King only a few days before he went over to the Parliament. " He now plainly seeing the King's aim destructive to religion and the state, and though he had an assurance of the barony of Ashley Castle,^ which had formerly belonged to that family, and that but two days before he received a letter from the King's own hand of large promises and thanks for his service, yet in February he delivered up all his commissions to Ashburnham, and 1 In Wiltshire, wlience the Ashleys of Wimborne St. Giles came. See Coker's " Survey of Dorsetshire," p. 14. 1644. HIS OWN STATEMENT OF MOTIVES. 49 privately came away to the Parliament, leaving all his estate in the King's quarters, 500/. a year full-stocked, two houses well furnished, to the mercy of the enemy, resolving to cast himself on God and to follow the dictates of a good conscience. Yet he never in the least betrayed the King's service, but while he was with him was always faithful." On his arrival in London, Cooper appeared, on the sixth of March, 1644, before the standing Committee of the two Houses, now called Committee of both Kingdoms, and made a statement explanatory of his coming over to the Parliament, of which notes have been preserved. As these notes come from the Committee, and not from Cooper, they may be relied on as a report of what he said of himself ; and this is Cooper's account, publicly given, of his actions and motives, when he was exposed to easy detection of any inaccurate or disingenuous statement. There would have been enonah distrust among those to whom he went, and enough anger among those whom he left, to ensure his being exposed, if he had acted from resentment at a marked affront. "Sir Anthony Ashley Cooper, bait., saith that he was Sheriff of Dorcester this year, and late Governor of Weymouth, but he hath delivered up his commissions of Governor and Colonel the first week of January 1643.1 "He came into the Parliament quarters at Hurst Castle, in Hampsliiie, upon the 24tli of February. " He brought in a certificate under my genei-al's liand, certifying his coming into the Parliament quarters before the 1st day of March. 1 January 1644, according to the present niude of reckoning. VOL. I. E oO LIFE OF SHAFTESBURY. Chav. II. " He saitli he came there being fully satisfied that there was no intention of that side for the promoting or preserving of the Protestant religion and the liberties of the kingdom, and that he left 600/. per annum well stocked there ; and is fully satisfied of the justness of the Parliament proceedings : 800/. near Oxford, under their ]30wer : 2,000/. per annum in the King's quarters in Wiltshire and Dorsetshire and Somersetshire.^ " He saith he had not made known his intentions to any. " That those that should come in before the 1st of March, the Parliament would give them their lives and liberties, but for their estates that was wholly to be disposed of to the use of the public ; only if they took the Covenant and behaved themselves likely to deserve well of the Parliament, they should be allowed forty or fifty pound per annum. Mr. Kirby's letters certified so much. " He saith above a month before he heard of the Parliament declarations he delivered up his commissions and was resolved to return to the l*arliament ; being fully satisfied of the injustice of that cause, and of the justice of the Parliament, he was resolved to come into them without looking to any conditions whatsoever. " He saith he hath seen the Covenant, and desires to take the Covenant when this Committee shall tender it unto him. "A better testimonial of his purposes of coming in, and intentions to leave them, and that he is very cordial for the Parliament, being able to do you good service, and discovery of their designs and of tlieir strength, and 1 From the Royalist Composition Papers in the State Paper Office, First Series, 16,561. It is evident that these are very rough notes maile at the time Some part of the notes is in cypher ; the rest very badly written. 1644. REASONS OF CHANGE. 51 wherein tliey migiit prepare agaiust your enemy both upon Poole and Wareham, by Mr. Hildeley, one of the Committee there." This document renders it impossible to believe that Cooper was superseded or slighted. He probably acted, according to his natvire, impetuously. But there is much reason to tliink that he acted conscientiously. The time of his change was a time when any man ' doubting or wavering would be strongly moved to decide himself Tlie King had summoned his friends of both Houses to assemble as a parliament at Oxford in January 1644 ; the Parliament had lately concluded the " Solemn League and Covenant " with Scotland. Other persons of importance left the King's party at this very time, alleging disgust at the treaty made by Ormond for the King with the Irish rebels, and tlie favour shown to Eoman Catholics. Among these were the Earl of Westmorland and Sir Edward Dering, who gave their reasons in language very similar to that of Cooper, that " there was no intention of that side for the promoting or preserving of the Protestant religion and the liberties of the kingdom." ^ Sir Gerard Napier, Sir Anthony Ashley Cooper's neighbour and friend, went over with him to the Parliament. A royalist gentleman writes froni Oxford, in March 1644 : " Sir Anthony Ashley Cooper and Sir Gerard Napier are both run away to the Parliament from their brethren the 1 Ludlow, i. lOG ; Whitclocke, pp. 81, 82. Holland is hy mistake named instead of Westmorland l)y Jlr. Hallani (Constitutional His- tory, ii. 233, note). Lord Ineluepnn was another convert at tliis time on account of Ormond's treaty of cessation with the Irish rebels. e2 52 LIFE OF SHAFTESBURY. Chap. II. Commons here."^ This is a royalist who writes, and, writing when Cooper's desertion was fresh, he imputes no bad motive. It is right also to remember that in the beginning of 1664, when Cooper left the King's party, the King's friends were hopeful, and the King's fortunes by no means low. The result of the campaign of 1643 had been on the whole favourable to the King's arms. In Dorsetshire and the western counties espe- cially, where the Parliament had had a decided ascen- dency in the spring of 1643, the ascendency of the King- was as decided at the close of the campaign.^ A year earlier or a year later, Cooper might have been described as going over to the more powerful party. Another proof of disinterestedness is furnished by the fact that, leaving the King's side when he did, he left much of his property at tlie King's mercy ; for most of his posses- 1 Carte's Life of Ornioiid, iii. 254. Mr. Arthur Trevor to Ormonil, March 9, 1644. Mr. Trevor's words do not necessarily mean that C!ooper went from Oxford : Charles's parliament was then sitting there, and Cooper, if he had remained among the royalists, wonld have been prohably recognised there without difficulty as member for Down- ton. It is said in " Rawleigh Kedivivus" (p. 17) that he went from Dorsetshire, taking his brother's house, which would be near Salisbury, on the way. ^ Clarendon writes of the conilition of tlie west in the spring of 1643: "Dorsetshire and Devonshire were entirely possessed l)y the enemy, .nnd all the ports upon the western coasts were garrisoned by them. The ('ornish army [foi' the King] was greater in reputation than numbers." (Hist, of Rebellion, vi. 151.) Contrast this with his account of the state of things in October. " He [the King] was now master of the whole west ; Cornwall was his own Avithout a rival ; Plymouth was the only place in all Devonshire unreduced, and those forces shut within their own walls ; the large rich county of Somerset, with Bristol, the second city of the kingdom, entirely liis ; in Dorsetshire, the enemy had only two little tisher-towns, Poole and Lyme ; all the rest was declared for the King. And in every of the.se counties he had plenty of harbours and ports to supply him with ammunition, and tin; country with trade. In Wiltshire the enemy had not the least footing, and rather a town or two in Hampshire than any possession of the county." (vii. 298.) 1644. EECEPTION BY PARLIAMENT. 53 sions lay in the western counties, where the King then was uppermost. Mr. Martyn, and Lord Campbell who has followed him, have given an exaggerated impression of the warmth of Cooper's reception b}' the Parliament, and the importance attached to his joining them. They state that the Parliament specially appointed a Com- mittee to receive and examine him,^ and Lord Campbell ■says, that " tlie Parliament was contented to receive him on his own terms." He was examined, like any one else, by the standing Committee of both Kingdoms ; and it will be seen in the next chapter that it was not until after five months, and after some military service, that he was permitted to compound for his estates by a fine of five hundred pounds ; that, eighteen months later, when he had performed much military service, he could not gain admission into the House of Commons, although a Committee had previously decided that he was duly elected in 1640 ; and that he was not entirely cleared of delinquency until the beginning of 1652, eight years later. The importance likely to attach to him as a Parliamentary convert is also a material point for consideration in the cpiestion of Cooper's motives. 1 Martyu's Life, i. 141. CHAPTER III. 1644—1653. Iletrospeut of public aflairs — The war in the West — Sir A. A. Cooper goes into Dorsetshire for the Parliament, July 1644 — Appointed to act with the army as Field Marshal General — Taking of Wareham — Made one of tlie Dorsetshire Committee for the army — Allowed to compound for his estates with a line of 500^. — Appointed Commander- in-chief of the Parliament's forces in Dorsetshire, October 1644 — Takes Abbotsbury by storm — Narratives by himself and by one of his officers of storming of Abbotslnuy — Takes Sturminster and Shaftes- bury— Instructions of Dorsetsliire Committee — Cooper's notes on the militaiT condition in Dorsetshire, Wiltshire and Somersetshire, November 1644— Letter from Colonel Butler — Want of money — Cooper relieves Blake besieged at Taunton, December — Cooper's letter to Essex on relief of Taunton — Siege of Corfe Castle, 1645 — Endeavours unsuccessfully to gain admission into the House of Commons on his former petition, September 1645 — Self-denying Ordinance— Terminalion of Cooper's military service — High Sheriff of Wiltshire for the Parliament, 1647 — Cooper's Diary, 1646-50 — Story of his advi('e to Holies to be forbearing with Cromwell — Selections from Diary — Execution of Charles the First — Death of Cooper's wife — His second marriage with daughter of Earl of Exeter — Suliscribesthe engagement and is a commissioner for administering it — A]>pointed member of the Commission for reforming the' laws, January 1652 — House of Commons absolve him from all delin- quency, March 1653. Sir Anthony Ashley Cooper was far advanced in his twenty-third yea.r when, after some ten months' service on the King's side, he went over to that of the Parlia- ment. Here, as in other parts of Dryden's sketch of his history in " The Medal," the satirist's animosity has outrun accuracy : — " A martial hero first with early care, Blown, like a pigmy, by the winds to war ; A beardless chief, a rebel ere a man. So young his hatred to Ids jirince began." 1644. RETROSPECT OF AFFAIRS. 55 It may be convenient here to take a short retrospect, and briefly define the present position of affairs l)etween the King and the Parliament. The body now exercising power and directing war at Westminster, was very different from the parliament which had assembled there in November 1640. This parliament had, in May 1641, legally framed an act to prevent dissolution without its own consent. The Bishops were excluded from the House of Lords by another act, legally passed in February 1642. In the same month, an ordinance for regulating the militia, agreed to by both Houses, was presented to the King, which nominated a lord lieu- tenant for every county, to obey the orders of the two Houses, and to be irremoveable by the King for two years. To this ordinance, transferring for two years the government of the military force of the nation from the King to the two Houses of Parliament, Charles refused his assent. The King's rash attempt to arrest Hampden, Pym, Holies, Haslerig, and Strode in the House of Commons, had hurried Parliament to this militia ordi- nance ; and on the King's refusal, the two Houses took the matter into their own hands, passed the ordinance without the King's consent, and resolved to place the kingdom in a posture of defence. Here, then, was one definite issue between the King and the two Houses, — which should have the control of the military force of the nation ? Other demands were nuide by the Parlia- ment before the Civil War actually began. In the meantime, the King had established himself at York, and the Lord Keeper Littleton had joined him there, carrying with him the Great Seal from Westminster. At o6 LIFE OF SIIAFTESBUKV. CiiAP. III. York, in June, nineteen propositions were presented to the King from the two Houses, containing, among others, the following demands : — That the appointments of all privy councillors and officers of state should be subject to approval by the two Houses ; that the education and marriages of the King's children should be under the control of Parliament; that Eoman Catholic peers should be excluded from the House of Lords; that the government and liturgy of the Church should be reformed as the two Houses might determine ; that the militia and all fortified places should be confided to persons approved by the two Houses ; and that no peers hereafter to be made should sit in parliament without the consent of both Houses. To these proposi- tions the King's assent could not have been expected. Military preparations had already been made on both sides, and civil war was inevitable. It began in August. Now, the House of Commons sitting at Westminster was reduced by the secession of nearly a hundred members who adhered to the King, and of the House of Lords about forty, only a third of the whole number, remained at Westminster.^ In 1C42 and 1643, fortune favoured the King's arm.s. The Parliament now, in 1643, urged the Scotch to come to their aid, declaring their eagerness to reform tlie Church of England on Presbyterian principles, and their fear of the King's bringing against them an army of papists and foreigners. The articles of cessation made by Ormond in Ireland with the Roman Catholic rebels, and the bringing over ' Hal lam. Const. Hist. ii. 203, note ; Sanford'.s Studies and Hlustra- tions of the Great Rebellion, p. 498. lUi. RETKOSPECT OF AFFAIRS. 57 of Irisli troops to reinforce the King's armies, added fuel to the flames, and angered many of the King's friends. The famous treaty known as " The Solemn League and Covenant " was concluded hetw^een the English and Scotch Parliaments : the Covenant, which was to be a test of fidelity to the parliamentary cause, bound its subscribers to endeavour to preserve the Scotch Church as it was, and bring those of England and Ireland into conformity with it in government, doctrine, and practice ; to labour for the extirpation of popery and prelacy ; and to preserve the rights and privileges of the parliaments, and the liberties of the kingdoms, and tlie King's person and authority in aid of the true religion and liberties of the nation. A Scotch army of twenty-one thousand men now crossed the border, in January 1G44. The Scotch Commissioners at Westminster were joined with a Committee of both Houses for direction of affairs; and to this joint Com- mittee was given the name of the Committee of both Kingdoms. The King had summoned all his adherents of both Houses to assemble as a parliament at Oxford, on the twenty-second of January, 1644. There was a call of the two Houses on the same day at Westminster ; thirty-five peers acknowledged this call, and two hun- dred and eighty members of the House of Commons are said to have attended at Westminster, about a hundred more being absent on parliamentary service.^ ^ This statement is in "Wliitelocke's Memorials, jx 80. Mr. Hallam thinks that there is a mistake in the statement, and that tlie number of adherents of the Parliament was not so great. Mr. Sanford, who has examined this jiortion of English history very laboriously, supports Whitelocke's statement. (Studies and Illustrations, p. 498.) The two 58 LIFE OF SHAFTESBURY. Chap. III. In the middle of May 1644, two parliamentary armies left London, under the Earl of Essex and Waller, with ulterior destination for the AVest, but to be guided by the movements of the King, who was at Oxford, Abingdon and Eeading quickly falling into their hands, the King, with a small body of attendants, leaving his army, suddenly quitted Oxford, where he found himself in imminent danger of beine^ besief^ed. He was followed by Waller into Worcestershire, managed with great skill and energy to elude Waller's pursuit, and within three weeks after his escape from Oxford he was again there at the head of his army, relieved of the presence of Essex's forces, which had gone into Dorsetshire, and thinking himself strong enough to cope with Waller's, which would probably return in pursuit of him. The King shortly after marched out of Oxford to meet Waller. The two armies met, at the end of June, at Cropredy Bridge, where the advantaire of the fight was with the Kinrf. In the meantime, Essex had entered Dorsetshire with his army ; he quickly retook Weymouth for the Parlia- ment, the King's governor, Colonel Ashburnham, who had succeeded Cooper, abandoning it immediately on Essex's approach, and retiring into Portland Castle ; and he then inarched to Lyme, which Prince Maurice, who had been long besieging it, quitted as soon as he heard of the taking of Weymouth, " with some loss of reputa- tion," says Clarendon, " for having lain so long with such hundred and twenty- eight members of the House of Commons, whose signatures to the League and Covenant in September 1643 are printed in a tract in vol. iv. of the Somers Tracts, are cleai'ly not all the parliamentary adherents. 16H. TAKING OF WAREHAM. 50 a strength before so vile and untenable place without reducing it." The defence had been conducted by the indomitable Blake, who next maintained an equally surprising defence against the royalist besiegers of Taunton. Prince Maurice, on abandoning the siege of Lyme, put a garrison of five hundred men into Ware- ham, and went off to Exeter with the main body of his forces. Essex followed him, and Prince Maurice retired into Cornwall. The King, no longer troubled by Waller, marched into the West after Essex, and ultimately discomfited Essex's army in Cornwall. Sir Anthony Ashley Cooper, in July, was permitted by the Parliament to go down into Dorsetshire for mili- tary service. He says himself: " After Weymouth was taken in ^ by the Lord General Essex, the Committee for Dorset going into the country, desired Sir Anthony's company with them, which he did."^ On the third of August he received a commission to command a brigade of horse and foot, with the title of Field Marshal General.^ Cooper's first military service was in the taking of Wareham. Together with Colonels Sydenham and Jephson, he proceeded to besiege that town with twelve hundred horse and foot ; and they were afterwards joined by Lieutenant-General Middleton, with a thousand horse. They began to storm the out- 1 " Taken in ;" th.e usual plirase of the time when speaking of taking a town : it occurs also in Clarendon. " You durst not think of taking in a heart As soon as you set down before it." Suckling, Brcnnoralt. 2 Autobiographical Sketch. There is an entry in the Commons' Journals, July 10, 1644, of permission given to Sir A. A. Cooper to go into Dorsetshire. * A copy of the comniission is among the papers at St. Giles's. GO LIFE OF SHAFTESBURY. Chap. III. works on tlie tenth of August, when the garrison im- mediately capitulated, three hundred undertaking to serve the Parliament against the rebels in Ireland.^ The governor of Wareham for the King was Colonel (J'Brien, a brother of Lord Inchi(|uin, who had lately left the King's service for the Parliament in disgust at Ormond's cessation with the Irish rebels ; and it is supposed that O'Brien had not been hearty to defend Wareham. Cooper says that he attended, by order of the Dorset- shire Committee and Council of war, at the bar of the House of Commons, to relate the taking of Wareham, but there is no entry to this effect in the Journals. His statement, however, is doubtless correct. Four days after the taking of Wareham, he was added Ijv a vote of both Houses to the Committee for governing the army in Dorsetshire ; and on the same day, his case was referred to the Committee for Sequestrations sitting at Goldsmiths' Hall, to consider on what terms his estates should be restored to him.- The Committee made a report in a few days, reconnnending that he should be permitted to compound by a payment of five hundred pounds, and the House immediately adopted • Autobio^rraphical Sketch of 1646; Rusliworth's Collections, pt. 3, vol. ii. p. 697 ; Vicars's Pari. Chion. iv. 5; Whitelocke's Memorials, p. 98 ; Comm. Joum. Aug. 14, 1644. The.se different accounts vary in details, and it is difficult to reconcile tlieni entirely. From the ac- counts in llushworth and Vicars, it would ai)]iear that Colonel Syden- ham and Sir A. A. Cooper bore the chief jiart in this action. The Commons' .Journals record, August 14, that letters of thanks were sent by the Parliament to Middleton and .Jephson. Cooper was probably thanked in person, as he attended at the bar of the House of Commons to relate what had been done. * Comm. Joum. August 14. Lord Campbell erroneously places the taking of Wareham after these votes of August 14, which were the reward of his service. 1644. COMMANDER-IN-CHIEF IN DORSET. Gl the report,^ The five hundred pounds were never paid, and it appears from a note preserved in the family papers, that the fine was discharged by Cromwell, thirteen years later, in 1657. On October 25, Cooper was appointed Commander-in- chief of the Parliament's forces in Dorsetshire,- and he took the field with ten regiments of horse and foot, fifteen hundred men in all, to encounter Sir Lewis Dives of Sherborne Castle, who was about the same time appointed the King's commander-in-chief in Dorsetshire.^ In tlie meantime the King had followed Essex into Cornwall, and there completely defeated him. The King then returned to Exeter, and in the beginning of October passed into Dorsetshire, and stayed a few days at Sherborne."* The Parliament, on receiving the news of Essex's disaster, had successively despatched two armies under Waller and ]\Ianch ester, to check the King, who now hurried on from Sherborne to attack Waller near Andover. Here he gained an advantage over Waller : at Newbury, where he fought Waller's forces joined with Manchester's, and contended against an army double of his own, he neither conquered nor was defeated ; and he then carried off his army to Oxford, arriving there himself on the twenty-third of November.^ ^ Comm. Journ. Aug;. 22. 2 Autobiograpliical Sketch. The original comiaission is at St. Giles's. ^ " v^ir A. A. Cooper, with fit'toeu hundreil horse and foot from several garrisons, took the field to encounter Sir Lewis Dives." (White- locke's Memorials, p. 109, October 1044.) See also Vicans's Pari. Chron. iv. 62. ■* Clarendon, Hist, of Rebellion, viii. 148. ^ Ibid. viii. 164. 62 LIFE OF SHAFTESBURY. Chap. III. In the beginning of November, Cooper took by storm a Cavalier garrison at Abbotsbmy, the house of Sir .Tohn Strangways. A minute and graphic account of this action is in existence, written by Cooper himself. The following draft of his report to the Committee for the Parliament for Dorsetshire, in his own handwritiuir, is among the papers in Lord Shaftesbury's possession. " Honourable, — Yesterday we advanced with your brigade to Abbotsbury as a place of great concern, and which by the whole council of war was held feasible. We came thither just at night, and sent them a summons by a trumpeter, to which they returned a slighting answer and hung out their bloody flag. Innnediately we drew out a party of musketeers, with which Major Baintun in person stormed the church, into which they had put thirteen men, because it flanked the house. This after a hot bickering we carried, and took all the men prisoners. After this we sent them a second summons under our hands that they might have fair quarter if they would accept it, otherwise they must expect none if they forced us to a storm. Rut they were so gallant that they would admit of no treaty, so that we ])repared ourselves for to force it, and accord- ingly fell on. The business was extreme hot for above six hours ; we were forced to burn down an outgate to a court before we could get to the house, and then our men rushed in through the fire and got into the hall porch, where with furse fagots they set fire on it, and ])lied the windows so hard with small shot that the enemy durst not appear in the low rooms : in the mean- time one of our guns played on the other side of the house, and the gunners with fire balls and granadoes with scaling ladders endeavoured to fire the second IGU. STORMING OF ABBOTSBURY. 63 story, but, that not taking effect, our soldiers were forced to wrench open the windows with iron bars, and, pouring in fagots of furse fired, set the whole house in a flaming fire, so that it was not possible to be quenched, and then they cried for quarter ; but we having bet ^ divers men before it, and considering how many garrisons of the same nature we were to deal with, I gave com- mand there should be none given, but they should be kept into the house, that they and their garrison might fall together, which the soldiers with a great deal of alacrity would have performed, but that Colonel and Major Sidenhaiu, riding to the other side of the house, gave them quarter ; upon which our men fell into the house to plunder and could not be by any of their com- manders drawn out, though they were told the enemy's magazine was near the fire and, if they stayed. Mould prove their ruin, which accordingly fell out, for the powder taking fire blew up all that were in tlie house, and blew four score that were in the court a yard from the ground, but hurt only two of them. Mr. Darby was of the number, but not hurt. We had hurt and killed by the enemy not fifteen, but I fear four times that number will not satisfy for the last mischance. Captain Heathcock and Mr. Cooper (who did extreme bravely) were both slain by the blow of the powder. Captain Gorge, a very gallant young gentleman, is hurt in the head with a freestone from the church tower and shot through the ankle, but we hope will live. Lieutenant Kennett to Major Peutt, who behaved himself very well, was blown up with the powder and slain ; and Lieutenant Hill, who went a volunteer and was sent in to get out the soldiers, was blown up with the rest, yet since we have taken him strongly " out of the rubbish 1 So in tlie ni ami script, apparently ; the meaning mufc>t be "lost." ^ So in the manuscript. 64 LIFE OF SHAFTESBURY. Chap. III. and hope to preserve him. The house is burnt down to the ground, and could not he saved. We have prisoners Colonel James Strangways, Major Coles, and three captains, besides a hundred foot soldiers and thirty horse, all Strangways his whole regiment. Sir William Waller's officers all of them have behaved themselves extreme gallantly, and more than could be expected in their readiness and observance for your commands ; we cannot say to whom you owe the most thanks, only Lieutenant-Colonel Oxford we are extremely obliged to for his nobleness in joining in this expedition, though without command, only on our entreaty. Captain Starr and Captain Woodward behaved themselves extremely well. Our men are so worn out with duty and this mis- chance that we are necessitated to retire to Dorchester to refresh them. If you have anything in particular to command us, we shall most readily obey you. To- morrow we have a council of war of all the officers, and then we shall conclude of what may be of most advan- tage to your service, and by God's blessing will faith- fully prosecute it. Colonel Sidenham has yet afforded us no ammunition ; all his nien are supplied from us hitherto besides. He makes not up his regiment either of horse or foot ; he has withdrawn one more company this day. We have given him orders that all the prisoners that are officers should be sent to you. We humbly desire you will be pleased to consent to no exchange for any of them until Haynes be exchanged. "A. A. COOPEK." Another account of the storming of Abbotsbury has been preserved in Vicars's Parliamentary Chronicle, written by an officer who was under Cooper in the engagement, and who speaks with the highest admira- 1644. STORMING OF ABBOTSBURY. 65 tion of Cooper s gallantry. " About the eighth of this instant November," says Vicars, " we received credible information out of the West by a letter from a com- mander of note and quality, of the storming and taking of a strong garrison of the enemy's, which was Sir Jolm Strangwaies his house in Dorsetshire, and had been a very ill neighbour to our renowned garrison of Lime, which service was most bravely performed by that valiant and loyal patriot, Sir Anthony Ashley Cooper, Commander- in-chief for the Parliament in that county." Tlie letter is as follows ; it confirms Cooper's account in all material particulars ; the name of the officer who -wTote it I have not discovered : — " Sm, — We marched from Dorchester to Abbotsbury, where Colonel James Strangewayes and all his regiment were in garrison; they held both the house and the church wdiich joined to the house : it was night before we summoned it, and they in a scorn refused the summons of Sir Anthony Ashley Cooper, a very active and noble gentleman, and Commander-in-chief, where- upon he sent his Major-General with a considerable party against tlie church, who presently assaulting it took it and all the men in it prisoners, without the loss of one man of our own. After this we summoned them in writing, the second time, to yield on fair quarter or else to expect no mercy, if they forced us to storm them. To this also they disdained to return an answer; upon which denial we fell on, and after as hot a storm as ever I heard of, for six hours together, it pleased God at last to give us the place. When by no other means we could get it, we found a way by desperately flinging in fired turf-fagots into the windows. And the fight VOL. I. P 66 LIFE OF SHAFTESBURY. Chap. III. then grew so hot that our said Commander-in-chief (who to liis perpetual renown behaved moat gallantly in this service) was forced to bring up his men within pistol- shot of the house, and could hardly then get them to stay and stand the brunt, yet in all this time (God be praised) we had but three men killed and some few wounded. Now when as by the foresaid hot assault half of the house was on a light fire/ and not to be quenched, then at length Colonel James Strangways called out fur quarter, which our Commander-in-chief was resolved no man in the house should have, in regard they had so desperately and disdainfully scorned his summons, and also in regard tliat the Cavaliers' custom was observed to be to keep such paltry houses and pilfering garrisons against any of our armies, that they might thereby be sure to do us mischief, and (by reason of our observed clemency) to have their lives at last granted to them ; but some of our commanders upon one side of the house, contrary to the mind of our said Commander-in-chief, and against the opinion of all the officers, in his absence had given them quarter, which being granted them, we instantly rushed into the house, which being on a light fire and their magazine in it (I believe rather accidentally than, as some reported, purposely and treacherously), to set on fire four or five barrels of gunpowder, and blew up between thirty and forty of our men ; yet, the Lord be blessed, myself and the rest were even miraculously preserved. " We took prisoners Colonel James Straugewayes, Sir John Straugewayes his son, governour of this garrison, his Major and three Captains : and not three of his whole regiment but were either killed or taken, and the house was whollv burnt down to the ground, and we* thereby freed of a pestilent and pernicious neighbour. ^ "A light fire," an old expression for "a bright fire." 1644. INSTRUCTIONS OF DORSET COMMITTEE. G7 Colonel Bruen and Mr. Crompton behaved themselves very worthily in this action, and Captain Starre incom- parably bravely. " Yours, "C. A."i Soon after the takino; of Abbotsbnry, Cooper marched to Sturminster, and the royalists evacuated the castle on his approach : thence he marched to Shaftesbury, and forced the royalist garrison of that town to quit.^ The following instructions to Cooper from the Com- mittee for Dorsetshire, without other date than " Poole, eight at night, 1644," were probably written in November, between the taking of Abbotsbury and the expedition to Shaftesbury : — " Noble Sir, — We have received your letter and have considered the particulars. In that which concerns the altering your quarters, we hold it most fit to be resolved on by the council of war upon the place, according as you have intelligence of the motions of the enemy. Only we shall intimate that, before Shaston'be resolved on, it may be considered how safe a retreat may be made, if a body of the enemy's horse advances to Blandford We are very sensible of the necessity of supplying the soldiers with some money, and have sent you twenty pound, whereof we are fain to borrow ten. If we had more, you may be assured those should not want that deserve so well and are so modest in their demands. You are now in a convenient quarter to raise money on malignants, tlierefore we desire you to make 1 Vicars's Pari. Chron. iv. 67. This work is so scarce that I may be excused for extracting tlie whole of a letter so closely connected with Shaftesbury's history. 2 Autobiogi-aphical Sketch of 1646. s Shaftesbury. F 2 58 LTFE OF SnAFTESBITRY. Chap. TIT. use of the opportunity to tlie best advantage, and you shall be confident of our approbation. We have nothing else at present but that we are, " Your very loving Friends, Tno. Erle, Elias Bond, Ki. Brodripp, Tho. Henley, Ei. BuRiE, Ri. Eow. "Poole, eight at night, 1644."^ These instructions show great straits for money. The following memoranda were probably written about the same time by Cooper for the Governor of Poole : ^ — " 1. That if they cannot immediately send us a supply of horse, that orders be forthwith sent for the with- drawing the Sussex foot, and that the rest be disposed into their several garrisons. The keeping them together in a body does devour that provision should be sent into the garrisons and destroys the county, besides these few horse we have (being not above a hundred) are wholly taken up with providing for them. " 2. That if a considerable party of horse, sufficient to relieve Taunton, cannot be sent us presently, we desire that some few may be spared, with which added to those we have already we shall be able to victual our garrisons and subsist in the county. However, we shall be better able to subsist without than with the Sussex foot. " 3. Under a thousand horse it will be now difficult to relieve Taunton, the enemy having received the addition 1 From Lord Shaftesbury's papers at St. Giles's. 2 They are among the family papers at St. Giles's, in Shaftesbury's handwriting, without any date, and with the heading, "Memo- randums for the Governor of Poole." They must have been written in November 1644. 1644. ^MEMORANDA ON MILITARY AFFAIRS. G9 of a hundred horse lately from the King's army under Colonel Cooke, so that with those horse that lie near Salisbury they are able to march fifteen hundred horse and dragoons. " 4. The enemy being resolved to fortify round the skirts of Somerset, as Sherborn, Sturten Candell, Shafton, to make it a safe quarter for his retreat and to drive all the parts of the counties of Dorset and Wilts unto their quarters, being resolved both their horse and foot shall, if they be forced to retire, live on the skirts of these two counties, — quaire, wliether it will not be necessary for us to garrison Hooke House,i and, if we cannot force them from Shafton or Sherborn, to garrison in some other strong houses near those places by which their incursions may be restrained. " 5. The enemy being possessed of Ivychurch and Langford Houses, from which they make perpetual inroads into the eastern part of our country, and bring the northern part of Wiltshii'e into contribution to them, — quaere, whether we should not garrison Falston House, - by which we are sure to cut them off from troubling this county, besides we shall gain the contribution of a considemble part of Wiltshire. " 6. Quiere, whether it be not absolutely necessary to pluck down the town of Wareham, it being impossil)le for us to victual ; if Sir W. Waller ever draw away his foot, the town is left naked and exposed to the pleasure of the enemy, who will certainly possess it unless it can ^ Hooke House, near Beamiiister, the property of the Marquis of M'' inchester, the celebrated defender of his house in Hampshire, Basinf;. Hooke House was burnt down in 1647. (Hutchins's Hist, of Dorset, i 494.) 2 Ludl;)\',- imntions Falston House as lied, " Sir A. A. Cooper has done you good service, and the petitioner doth not say his sufferings were by him." The matter was dropped. Captain Arthur's complaint would proliably refer to the time when Cooper was on the King's side. (Burton's Diary of Croniwellian Parliaments, i. 204.) 128 LIFE OF SHAFTESBURY. Chai-. V. tli3 creation of a second chamber, and the substitution of the title of King for that of Protector. The House had, however, sat some months before any step was taken in promotion of sucli a design. But on the twenty-third of February, 1657, Sir Christopher Pack, an alderman and one of the members for the city of London, suddenly presented to the House a document elaborately drawn up, bearing the title of " The Humble Address and Remonstrance of the Knights, Burgesses, and Citizens now assembled in the Parliament of the Commonwealth," and moved that it should be received and read. This was an address to Cromwell, stating that the nation could never become settled while it w^as left uncertain who would succeed him after his death, and praying him to assume the title of King, and to call henceforth a parliament consisting of two houses, and to govern the Commonwealth in future according to the laws of the nation, subject to such alterations as were proposed in this document, which was to supersede the Instrument of Government. Apparently, nothing could have been more undignified than the mode in which this proposal to revive royalty was brought before the Parliament. Sir Christopher Pack was probably selected to present the address on account of his connexion with the city of London, and that it might seem not to come from Cromwell himself. But the worthy alderman was no orator, and if there were any design to blind the Parliament as to Cromwell's connexion with tliis address, the execution was not successful. Sir Christopher uttered a few confused words, of which all that could be understood was that he had found somewhere, or 1657. THE PETITION AND ADVICE. 129 that some one had given him, a paper which he thought worthy of consideration, and which he begged the House to receive. Though the motion came before the House without notice, the contents of the paper were probably generally known, and a scene of violent disorder ensued. The small minority of Cromwell's opponents in the assembly made up by violence for their want of num- bers. It was irregular to present such a document to the House without leave previously obtained, and some members endeavoured to snatch the paper from Sir Christopher. By the violence of opposing members he was jostled down the House as far as the bar, when his friends rescued him and carried him back to the Speaker's chair. After a warm debate, it was decided by a hun- dred and fifty-four votes against fifty-four that the paper should be read. It was then debated day by day till the twenty-seventh of March. A motion made at the outset that it should be discussed in Grand Com- mittee was rejected by a hundred and eighteen votes to sixty-three. But the House discussed separately the various clauses of the address. The clauses constituting another House to be nominated by the proposed king, and to be approved by " this House," were passed with- out a division. The substitution of the title of King for that of Protector was carried by a hundred and twenty-three votes to sixty-two. When the whole paper had been gone through, the words " Address and Eemonstrance " in the title were changed for " Petition and Advice," and a clause was added, providing that unless Cromwell consented to everything contained in it, no part of it should take effect. On the thirty-first VOL. I. K 130 LIFE OF SHAFTESBURY. Chap. V. of March, the " Humble Petition and Advice " was presented to Cromwell for his consent. Cromwell refused to accept the title of King. There is no doubt that he desired it, and that he had en- couraged the preparation of the address by which the Parliament asked him to assume that title. But unfore- seen difficulties had arisen. His chief officers, including his two sons-in-law Lambert and Fleetwood and his brother-in-law Desborough, were vehemently opposed to the title of King, and a strong adverse feeling, fanned by the officers, appeared in the army. Cromwell took five weeks to consider what course he would adopt, and ultimately refused to be made King. By Cromwell's refusal to consent to the clause which conferred the title of King, the whole of the Petition and Advice fell to the ground. But the House took it again immediately into consideration, substituted the title of Protector for that of King, and with this altera- tion again presented it to Cromwell for his consent. Now, however, the Petition and Advice was passed only by a majority of three, a large number of its former supporters absenting themselves, discontented with Cromwell's refusal of the kingship. Cromwell gave his consent to the Petition and Advice, as altered, on the twenty-fifth of May, 1657. The Petition and Advice, which now superseded the Instrument of Government, made several changes in the constitution of the Commonwealth. 1. The Protector was empowered to nominate his successor during his lifetime. 2. The Parliament was to consist of two Houses. "The other House," as the new second 1657. THE PETITION AND ADVICE. 131 cliamber is always called in the Petition and Advice, was to be composed of not more than seventy nor less than forty members, who in the first instance were to be nominated by the Protector and approved by the Commons' House, but who, after the first nominations, were not to be admitted to sit and vote but by the con- sent of the other House itself. 3. The number of . members of the House of Commons and the distribution of the representation were to be newly arranged by the Parliament then sitting. It was expressly declared in the Petition and Advice that nothing contained in it dissolved the existing Parliament. 4. It was provided that no members henceforth returned to Parliament were to be excluded, except by judgment and consent of the House itself; and that forty-one commissioners were to be appointed by act of Parliament to try elec- tions. 5. The members of the Council, who, as under the Instrument of Government, were not to exceed twenty-one in number, were to be appointed in future with the consent of the Council and of the two Houses of Parliament, and were not to be removed but by consent of Parliament. 6. After Cromwell's death, the commander-in-chief of the army and all field officers by land or generals at sea were to be appointed with consent of the Council. The Chancellor, Keeper, or Commissioners of the Great Seal of England, the Treasurer or Commissioners of the Treasury, the Ad- miral, the Chief Governor of Ireland, the Chancellor, Keeper, or Commissioners of the Great Seal of Ireland, the two Chief Justices and the Chief Baron in England or Ireland, the Commander-in-Chief of the Forces in K 2 132 LIFE OF SHAFTESBURY. Chap. V. Scotland, such officers of state there as by act of Parlia- ment in Scotland are to be approved by Parliament, and the judges in Scotland hereafter to be made, were to be approved by both Houses of Parliament. 7. The disposal of the standing forces was to be in the Pro- tector, acting with the consent of both Houses during the sitting of Parliament, and, while Parliament was not sitting, in the Protector acting with the consent of the Council. 8. A revenue of 1,300,000/. per annum was settled for the support of the Government, of which 1,000,000/. was for the army and navy, and the remain- ing 300,000/. for the expenses of the civil government ; and it was stipulated that no part of this money should be raised by a land-tax. An " Additional and Explanatory Petition and Ad- vice" was afterwards passed, before the House adjourned, which prescribed, amongst other things, an oath to be taken by the members of both Houses, by which they bound themselves to be faithful to the Protector, as chief magistrate of the Commonwealth, and to abstain from all designs against his person or lawful authority. The House adjourned, under an act sjDCcially passed for the purpose, from the twenty-sixth of June, 1657 to the twentieth of January, 1658 ; and a clause in the act commanded the attendance on that day of all mem- bers who had been elected to the Parliament, and were qualified according to the Petition and Advice. On the twentieth of January, 1658, two Houses of Parliament assembled, Cromwell had nominated sixty-three members of the newly-created second House. The nomination of this 1658. GEOMWELL's PEERS. 133 assembly, which was designed to be a body superior to the other House, and which would naturally provoke comparisons with the old House of Lords, was neces- sarily a difficult task ; and it is not astonishing that Cromwell was not successful. As on the occasion of his namincc the Barebone's Parliament, he did his best to procure the services of men of birth and station. Seven English peers were called to the new House, the Earls of Warwick, Manchester, and Mulgrave, Viscount Say and Sele, Lords Falconbridge, Eure, and Wharton ; but of these only Lord Falconbridge, who had married Cromwell's daughter, and Lord Eure consented to sit. Lord Broghill, an Irish peer, afterwards Earl of Orrery, a restless intriguer through the whole period of the Civil War and of the Commonwealth, and afterwards in the reign of Charles the Second, and now a zealous supporter of Cromwell, eagerly accepted a nomination. One Scotch peer, the Earl of Cassilis, was nominated, and did not sit. Lord Lisle, the eldest son of the Earl of Leicester, the two sons of Lord Say and Sele, Montagu and Howard, were on the list, together with most of Crom- well's councillors and several of his officers. White- locke, St. John, and Glyn represented the law. Of his own family, Cromwell named his two sons, Eichard and Henry, his brother-in-law Desborough, and son-in-law Fleetwood, besides Lord Falconbridge : Lambert had now quarrelled with him. Three of the members who had been excluded from sitting in the Parliament in the former year were named, Popham, Sir John Hobart, and Sir Arthur Haselrig. Popham and Haselrig scorned the proffered honour ; and it is difficult to understand how 134 LIFE OF SHAFTESBUKY. Chap. V. Cromwell could have expected Haselrig's acceptance. Pride, Barkstead, Hewson, Goffe, Berry, and Thomas Cooper, colonels in the army, who had originally pur- sued various trades, and were not men of fortune or social position, threw ridicule on this assemblage, and the number of the more distinguished nominees who refused to accept their nominations reduced this new " other House" to about forty of Cromwell's personal adherents. The debates in the two subsequent Parliaments, of which full reports have been preserved, show the general con- tempt felt for this assembly, and the large share which this part of the new constitution had in creating diffi- culties for Cromwell and his successor. Sir Anthony Ashley Cooper's name is not in the list of Cromwell's " peers," as they came to be called. It is clear that Cromwell had now no hope of gaining him. It is stated, probably with truth, that Cromwell was wont to say of Sir Anthony Ashley Cooper that he found no one so difficult to manage as that Marcus Tullius Cicero, the little man with three names.^ It would seem, as was usually the case with Cooper, that his political opposition to Cromwell was not attended by personal enmity. In January 1658, the fine of five hundred pounds which had been imposed on Cooper by the Long Parliament as a composition for delinquency, when he came over from the King's side, appears to have been discharged by order of Cromwell on Cooper's peti- tion.^ A letter written by Cooper to Henry Cromwell, the Protector's son, in the year 1657, has been preserved, 1 Martyn's Life, i. 168. 2 jiy_ memorandum among Lord Shaftesbury's papers. ;658. LETTER TO HENRY CROMWELL. 135 the language of which indicates the greatest intimacy. Henry Cromwell was at that time Lord Deputy in Ireland, and Cooper addressed to him, on September 10, 1657, the following quaint and cordial letter : — "My Lord and Father, — I hear from my brother Moore ^ that your Lordship blames me for not answering a letter of yours about some business. I really profess I received none such, or else you mought have been assured of an answer, for there is no person in the world more desires to retain your Lordship's affection and good opinion. You have many love his Highness' son, but I love Henry Cromwell, were he naked, without all those glorious additions and titles, which, however, I pray may continue to be increased on you. " My Lord, I must yet this once trouble you in the behalf of my Lord Moore, for whom you have already done so great favours. He has now prepared his busi- ness fit for your last act of perfecting your goodness to him, his Highness having referred it wholly to your Lordship and the Council there. 'Tis not possible he should buy any way but in land until his act pass, and he have some for sale ; besides, the land he offers lies so about Dublin, that it cannot but be convenient for the State. If it be as they inform, I wish it in your Lordship's possession on any pretence, and there will be enough officious to get it confirmed yours ; but that is only a fancy of my own on the sudden. " My request for myself is that you love me, and ever believe there is no manner of expression enough to tell you how really cordial and unchangeably I am, my Lord, 1 Viscount Moore of Drogheda, who had nianiod a daughter of Lord Speuscr of Wormleighton, sister of Sir A. A. Cooper's third and present wife : he was created Earl of Drogheda after the Kestoratiou. 136 LIFE OF SHAFTESBUKY. Chap. V. your Excellency's most devoted humble servant and dutiful son, " Ant. Ashley Coopek." ^ When the Parliament met on the twentieth of January, 1658, under the new constitution of the " Petition and Advice," Cooper and the other excluded members of the year before took their seats in the House of Commons ; and they took the prescribed oath of fidelity to the Pro- tector as chief magistrate of the Commonwealth, binding them to abstain from all designs against his person or lawful authority. The addition of the excluded members made the House of Commons altogether unmanageable for Crom- well. They had had no voice in the framing of the Humble Petition and Advice, and they denied its legality. On the day of meeting, the Black Ptod sum- moned the members of the House of Commons to " the Lords' House," and there Cromwell addressed the two Houses in a speech beginning with "My Lords and Gentlemen of the House of Commons." No exception was taken at the moment to the use of the word " Lords" on these two occasions, but two days after a message was- announced by the Serjeant from " the Lords," and the whole question of the title, powers, privileges, and 1 This letter is printed from Thmioe's State Papers, vi. 506. It escaped Mr. Martyn, who appears to have searched the Thurloe Papers, and who makes the following statement: "Tlirough the whole collection of Secretary Thurloe's papers there is no mention made of Sir Anthony bnt in two letters, wherein he is snspected among others to be well-afFected to the King, and to have remitted money to him." (Life, i. 16i, note.) I have not been able to find either of these two alleged letters; and 1 have no doubt that any such suspicious were without foundation. 1658. DEBATES ON "OTHER HOUSE." 137 expediency of "the other House," was opened by the excluded members. The message was brought by two judges. Should the messengers be called in, was the first question. Some opposition made to this, lest it should be a recognition of the title " Lords " was over- ruled, and the messengers were called in, gave their message as from "the Lords," and withdrew. Then came the question, should the messengers be recalled, and told that the House would return an answer by messengers of their own. Some were for giving no answer at all, till the whole question of tlie other House had been considered ; others were for saying that they would return an answer to the other House by mes- sengers of their own, to show that they did not recognise the title " Lords ;" others again were for sending answer simply that they would consider of the message. But it was carried on a division by seventy-five votes to fifty- one that the Speaker shoidd inform the messengers that the House would send an answer by messengers of their own. It was understood that the whole question of the other House would be debated in debating the answer to be sent. This had taken place on Friday, the twenty-second, and on Monday, the twenty-fifth, Cromwell sent to both Houses to attend him in the Banqueting House, and addressing them this time, " My Lords and Gentlemen of the two Houses of Parliament," made a long speech on the difficulties of public afiairs, and the necessity of union. But it was of no use. The House of Commons, on the tv/enty-eighth, appointed a Committee to attend Cromwell and inform him, among other things, " that 138 LIFE OF SHAFTESBUEY. Chap. this House will take the matters imparted to them by his Highness in his speech at the Banqueting House into serious and speedy consideration ; " and Cromwell highly resented that the House of Commons should take upon itself to answer singly a speech which he had addressed to both Houses. Still it was of no use. The House resolved to enter on no private business for a month, that they might devote themselves entirely to the consideration of the Government. They proceeded to debate the message from the other House, and this debate went on from day to day till the fourth of February, when Cromwell, seeing yet no probability of an answer being returned to the " Lords' " message, dis- solved the Parliament. A member of this Parliament made copious notes of the debates, which have been preserved and published.^ Sir Anthony Ashley Cooper took an active and leading part in the opposition to the new constitution and the new House of Lords. Five speeches of his are reported in the debates on the message from the other House, and summaries are given of very many more of his speeches in the following Parliament under Richard Cromwell's short Protectorate. Though all these re- ports are little more than skeletons of argument, and the reporter has not taken pains with the language or to preserve the speaker's style, they yet bear unmistakeably the impress of that nervous and subtle oratory, of some 1 In the work known as the Diary of Thomas Burton, edited by J. T. Eutt, 4 vols. 1828. Mr. Carlyle has raised doubts as to whether the member was Burton, member for Westmoreland, and suggests that it was more probably a Mr. Bacon (Cromwell's Letters and Speeches, ii. 645). The matter is not clear, one way or the other. 1658. SPEECHES ABOUT "OTHER HOUSE." 139 of whose efforts finislied reports have been handed down to us, and which, m the stormy days of the reign of Charles the Second, rendered Shaftesbury so formidable a leader of opposition. The first position taken by Cooper in these debates was that the House had to consider, not only what answer they should return, but whether they should return any answer at all. " Some," he said, " are neither for another House nor for the title ; and if you put the question to return an answer to the other House, you tacitly admit such a House without further debate," ^ The next day he seconded a motion of Sir Arthur Haselrig's to have the question considered in Grand Committee, that is, in a Committee of the whole House, in which every member might speak on the same motion any number of times, and every vote of which would have to be reported to and re-affirmed by the House. This motion was not carried, and the debate then turned on what the first question to be decided should be, the substance of the answer to be given or the title by which the other House should be addressed. Cooper made a speech in support of first considering the title, which is thus quaintly reported : " I apprehend nobody speaks of that notion which I have in my head. Your order is very nice. You have a message from the Lords, brought by the judges from the Lords. Unusual causes produce unusual effects, and nothing so ordinary to philosophers as to meet with such. I would rather have us consider from whom that message is, and we can better tell what answer to return." "- After a long day's 1 Burton's Diary, ii. 378, January 28, ^ i\,_ ii. 401, Jan. 30. 140 LIFE OF SHAFTESBURY. Chap. V. debate, tlie House decided that the title should be first considered. Haselrig then again tried to obtain a Com- mittee of the whole House, and Cooper again supported him. He followed the Solicitor-General, Ellis, who had made a learned argument to show that, though the words " House of Lords " did not occur in the Humble Petition and Advice, it was clearly intended that "the other House " should be a House of Lords. Cooper's speech is thus reported. " I move to be turned into a Grand Committee for three or four days. There is a great deal more in it than appears. Admit Lords, and admit all. It is fit that laws should be plain for the people. We know what advantage the supreme magistrate and the other House always get by the learned's interpreta- tion of them." ^ By " admit Lords, and admit all," Cooper doubtless meant that the admission of the name would involve the admission of a House of Lords accord- ing to the old constitution, for such is his argument in a second speech on this question of a Grand Com- mittee, the last and the longest of his speeches in this short session. He is then reported as follows, February 3 : — " I am not of their opinion, that say there is nothing in the name, and that, if you could get over that, the fact would not stick ; but better abstain from that than the people suffer. You are now upon the brink and border of settlement, and, if you go further, it may be you cannot stand. There is nothing but a compliment to call a man Lord ; but if one call himself lord of my manor, I shall be loth to give him 1 Burton, ii. 419, Feb. 2. 1658. SPEECHES ABOUT " OTHEE HOUSE." 141 the title, lest lie claim the manor. The gentlemen of the long robe will tell you there is much in names. The word King, they know, carries all. Words are the keys of the cabinet of things. Let us first take the people's jewels out before you part with that cabinet. If we part with all first, when you come to abatement, it is a question how you will redeem them. It was told you by a learned gentleman that the writ makes them no more than the Instrument^ makes them, for the Instrument makes them not peers for life, as the writ does not. It is very clear. We are told it revives the old Lords' House. I would fain know where the words of revival be. The gentlemen of the long robe say nothinrj of a revival." o Then with abrupt transition he answers another argu- ment, that there must be some mode of address from the one House to the other. " There must be a way of address. I see no such necessity, by the last Instrument. You passed laws without the peers' consent after so many days. The negative voice was denied the King. You know it was. Thus laws passed without the King's concurrence. Con- sider, let us not lay foundations tliat we may repent. They must be extant for the future." - On the day on which this last speech was made, the House divided on the question whether the motion for a Grand Committee should be put, and the numbers were equal. The Speaker was about to give his casting vote, which would probably have been with the Noes, when ^ The Humble Petition and Advice. ^ Burton, ii. 435, February 3. 142 LIFE OF SHAFTESBURY, Chap. V. Mr. Fagg, member for Sussex, stood up and asserted that he and another member, Colonel Grosvenor, had entered the House before the question was put, but that their votes had not been counted. Mr. Fagg's vote was allowed, and added to the Ayes, so that the first question was carried. But the main question was immediately afterwards negatived by ninety-three votes to eighty- seven. It was therefore decided not to go into (xrand Committee. Sir Anthony Ashley Cooper was one of the tellers for the Ayes in the division on the main question. On the day following this close division, Cromwell, dissatisfied with the small majority, dissolved the Par- liament. This was Oliver Cromwell's last Parliament. Seven months after the dissolution, on the third of September, 1658, he died. The Petition and Advice had empowered CromweU to declare, during his lifetime, his successor in the Pro- tectorship ; and soon after this power was confirmed, he had nominated in writing his son-in-law Fleetwood. But differences afterwards arose between CromweU and Fleetwood, and now, on his death-bed, Oliver verbally nominated his eldest son Pdchard his successor, in the presence of Fiennes, the first Commissioner of the Great Seal, Thurloe, and three other witnesses. The paper in which Fleetwood had been more formally appointed was at the same time searched for by Cromwell's desire, but could not be found. Fleetwood, however, afterwards waived all claims arising out of this document, if it should be found ; and Pdchard took his father's place without dispute. 1658. CKOIVrWELL'S DEATH. 143 From the dissolution of the Parliament in February till Oliver Cromwell's death in September we have no information about Cooper ; but we find him again a member of the Parliament soon called by Eichard Cromwell, and there waging as fierce a war as he had wao-ed under Oliver against the Petition and Advice and its House of Lords. CHAPTEE VI. 1658—1659. Richard Cromwell proclaimed Protector— The military commanders jealous of his civilian advisers — A Parliament called for January 27, 1659 — Members for England and Wales elected under old constitution — Scotch and Irish members accordiiio; to Instrument of Government, but not to sit till approved — Cromwell's peers summoned by writs of old House of Lords — Cooper elected for Wiltshire and Poole — Sits for Wiltshire — Debates on bill for recognition of Eichnrd Cromwell sProtector — Cooper's many speeches— The "Other House" — Ques- tion of transacting with it— Cooper's long speech against time- Cooper's taunts against one of Cromwell's peers for changes — His abuse of Cromwell — House of Commons agrees to transact with other House during this Parliament — Unsuccessful attempt to settle revenue on Pachard Cromwell — Message to other House as to a day of humiliation — Discussions thereon — Quarrel between Pachard Cromwell and the military chiefs— Resolutions of House of_ Com- mons against the army— Richard Cromwell orders dissolution of Council of Officers— Fleetwood and Desborough rally the army, and force Richard Cromwell to dissolve Parliament — Fall of Richard Cromwell. The Council assembled immediately after Cromwell's death, and unanimously resolved to recognise his death- bed nomination of his eldest son Eichard as his suc- cessor. His brother-in-law Fleetwood, the Lieutenant- General of the army, cordially concurred in this decision, declaring that, if the written instrument by which he had been nominated should hereafter be found, he would regard it as null. Desborough, the brother-in-law of Oliver, and the next in position to Fleetwood of the military commanders, while his 1658. EICHAED CROMWELL'S ACCESSION. 145 superior in energy and influence, also zealously sup- ported in the Council Eichard's succession. On the following day liichard Cromwell was proclaimed Pro- tector in London, without the slightest sign of opposi- tion. The support of Fleetwood and Desborough had carried that of the army, No opposition appeared in any part of the Commonwealth, in England, Scotland, or Ireland. Henry Cromwell, who governed as Deputy in Ireland, gave a willing support to his brother. Monk, the Commander-in-Chief in Scotland, declared his more important adhesion. Addresses of congratulation came in succession from all the counties and cities of the three countries, and from the army.^ The Eoyalists and Eepublicans, who had both hoped that the death of CromweU would make an opening for their respective causes, saw with surprise the tranquil succession of Eichard; and for a few months it seemed as if the feeble Eichard, succeeding by a doubtful title to an usurped power, was to retain it free from the troubles and difficulties which had ever vexed and thwarted the great mind of Oliver. The support of the army had placed Eichard where he was, From the army came the lirst sign of trouble ; and the army ultimately displaced him. The military chiefs, who had zealously supported his succession to the Protectorship, thought that, as he was a civilian, he ought to relinquish the command-in-chief of the army, and wished him to transfer it to Fleetwood. The army generally approved this idea. Eichard, counselled by 1 Phillips's Continuation of Sir R. Baker's Chronicle, pp. 635, 636, ed. 1684. VOL, I. L 146 LIFE OF SHAFTESBURY. Chap. VI. Tlmrloe, Fiennes, St. John, Pierpoint, and other civilians, and following also the advice of Monk, resisted the pro- posals of the officers, and determined to retain in his own hands the command of the army.^ Fleetwood, Des- borough, and their friends, now became jealons of the influence of Richard's civilian counsellors, and com- plained that they themselves were treated with ingrati- tude. Eichard hoped that by calling a Parliament, which the wants of his treasury rendered absolutely necessary, he should bring to his side a power which would hold in check the rising turbulence of the military chiefs. Writs were issued for a Parliament to meet on the twenty-seventh of January, 1659. Some difiiculties had presented themselves to the Council as regards the election of this Parliament. The last Parliament had not made a new scheme of representation, as the Humble Petition and Advice had enjoined. How then were the members of the House of Commons to be elected — according to the scheme of the extinct Instrument of Government, or according to the old law of England ? But under the old constitution, Scotland and Ireland were not united with England, and there was no law for the election of Scotch and Irish members to a common Parliament. The Council determined that the members for England and Wales should be elected according to the old law of the land, and that thirty members, the 1 Other leading advisers of Richard Cromwell were Dr. Wilkins, afterwards Bishop of Chester, Lord Broghill, afterwards Earl of Orrery, Colonel Philip Jones, and George Montagu, second son of the Earl of Manchester (Ludlow, ii. 632 ; Tcpys's Diary, i. 104 ; Clarendon State Papers, iii. 421, 423). 1659. PARLIAJVIENT SUilMONED. 147 immber prescribed by the Instrument of Government, should be elected severally for Scotland and Ireland according to the provisions of that constitution, but that they should not be admitted to sit till the consent of the members for England and Wales was given. With regard to the " other House," a question arose as to the way in which they were to be summoned, and it was determined to summon them by the same writs as had been in use for the House of Lords, under the old con- stitution. Those whom Oliver Cromwell had nominated members of the "other House" were summoned, without any addition.^ The reason for reverting to the old constitution for the election of the English members was doubtless that it gave more scope for the exercise of government influ- ence than the more popular scheme of representation which had been provided by the Instrument of Govern- ment. Eichard Cromwell soon found trouble, where he had sought help. An indefatigal^le Opposition, com- posed of Eepublicans and Presbyterians, among the latter of whom many were now looking to the restora- tion of the royal family, and some were secretly in correspondence with the royal exile, endeavoured to re- open the whole question of the constitution and Eichard Cromwell's power; and in three short months, Fleetwood and the army suppressed the Parliament and drove Eichard Cromwell from the Protectorate. Sir Anthony Ashley Cooper was returned to this Parliament for Wiltshhe and for Poole. For Poole there was a double return, which was decided in Ms 1 Ludlow, ii. 616. l2 148 LIFE OF SHAFTESBURY. Chap. VI. favour ; and lie elected, after this decision, to sit for Wiltshire.! The same member whose reports enabled us accurately to trace Cooper's course in the last session of Oliver Cromwell's last Parliament, continued to take copious notes in the present one ; and we find Cooper a constant and leading speaker in opposition. The Diarist records Cooper's first coming into the House, on the fifth of February, as if he were a man of much consequence.^ A few days after the Parliament met, a bill for the recognition of Eichard Cromwell's title was proposed to the House of Commons by Thurloe, the Secretary of State. The introduction of this bill led to protracted discussions, in which every objection that casuistry could suggest was employed by the opponents of the Government. The bill having been read a second time without a division, a debate was immediately opened by Haselrig on tlie question of going into committee, which lasted from the seventh of February to the fourteenth. The validity of the Humble Petition and Advice, 1 Comm. Jonni. Marcli 30, 1659 ; Burton, iv. 308. 2 Burton, iii. 80. Attention was called this day (Feb. 5) to Ludlow's sittinp; in tlic House witliout taking the jirescrihed oath, and a debate arose, which was interriq)ted by a member noticing the presence of a man named King, who had been sitting in the House not having been elected a member, and distributing pamphlets among the members. It was moved to send King to the Tower ; several members, and among others Sir A. A. Cooper, suggested Newgate, arguing that to send him to the Tower would be to give him too much imjiortance. It was resolved to send him to Newgate. He was discharged two days after, being adjudged mad. The debate about Ludlow was not resumed, and he managed to continue to sit without taking the oath. (Memoirs, ii. 619.) Later, on the same day, a motion was made to a]ipoint a Committee about the maintenance of clergymen in Wales. Coo])er spoke, and is thus reported : " There is a vast treasure arising out of these revenues. I never heard of any account. I have jjassed through Wales, and found churches all unsupplied, excejjt a few grocers or such persons that have formerly served for two years. " 1C59. OPPOSITION TO RICHARD CROMWELL. 149 enacted by a Parliament from which a large number of members had been excluded, was again impugned. It was argued that Cromwell's nomination of his son Eichard by word of mouth on his death-bed, and not by a written instrument, was insufficient, even if the validity of the Humble Petition and Advice were ad- mitted. Abuse and derision were lavished on the so- styled House of Lords. It was contended that the bill should confirm the people's rights and the privileges of the Plouse of Commons at the same time that it con- firmed the Protector's title, and a preliminary resolution limiting the Protector's powers and securing the House of Commons in the two points of the "militia" and the " negative voice " was called for. Verbal questions were raised, such as those which had made so large a part of the discussions on the Instrument of Government in 1654 : it having been proposed, for instance, to " recog- nise " Eichard Cromwell as Protector, the Opposition contended that the word " recognise " implied a power independent of the Parliament, and proposed to sub- stitute "declare;" by way of compromise, the Govern- ment party added " declare " to " recognise," and withdrew the word " undoubted " before " Protector," to which the Opposition had made great objections.'^ Sucli were the topics urged by a multitude of speakers, chiefly Eepublicans, during an eight days' debate. Cooper warmly supported the proposal for a resolution saving the rights of the Parliament, and suggested the passing of another resolution, such as had been passed in ^ Some members objected to "recognise," as a French word. Ludlow says that some proposed to " agnize." (Memoir, ii. 634.) 150 LIFE OF SHAFTESBURY. Chap. VI. discussing tlie Instrument of Government in 1G54, that nothing shouhl be binding till the whole bill was passed. Cooper's speech is thus reported : — " You have the same state of things now before you as you had in the Parliament of 1654, our judgments differing. A recognition was then proposed. It was said that it was not consistent with the care, wisdom, and gravity of this House, to pass the interest of the single person but with the interest of the people. At length a previous vote was agreed upon, that nothing in that should be of force, unless the whole did pass. That which is now proposed is thought impracticable, but it was not so then. " You are now upon a Petition and Advice which it is told you is a laM^, and if you say so, the judges will say so. Never was so absolute a government. If the Florentine and he that sate in the great chair of the world ^ had all met together, they could not have made anything so absolute. Is there not another House sitting that claims a negative over you? When you have passed this, what is wanting ? Nothing but monies, " State the case. The Petition and Advice is neces- sary to stand. A Parliament is freely chosen, and we ^ Machiavel and Pope Alexander the Sixth. There is doubtless an omission here, as " all" must refer to more than two. The omission may be supplied from a speech of Mr. Holiart, later in the debates, and from a jjassage in Slingsby Bethel's " Narrative" of this Parlia- ment. Mr. Hobart is reported as saying, February 28 : " For this Petition and Advice, if Pope Alexander and Cardinal Cfesar Borgia and Machiavel should all consent together, they could not lay a foun- dation for a more absolute tyranny. " (Diary, iii. 543). Bethel, in his Narrative of the proceedings of this Parliament, printed in the sixth volume of the Somers Tracts speaks of the Opposition party as "showing that if Pope Alexander the Sixth, CVesar Borgia, and their cabal had all laid their heads together, they could not have framed a thing more dangerous and destructive to the liberty of the people than is the Petition and Advice." 1659. SPEECHES ON " OTHER HOUSE." 151 own it. We go home by some necessity of state. Then does not the Petition and Advice outlive ns ? This may happen, and produce inconveniences to us ; to the Pro- tector none. Is not this security to him that he shall be put in the great magna charta ? " If the Petition and Advice by piece-meal comes to be confirmed, we may not feel the smart of the Petition and Advice in this man's time. It may happen in another's. It may not sound well in after ages, to have things so uncertain and liable to disputes. The laws left doubtful, we have not been faithful to his Highness. " I move to assert his authority together with the liberty of the people. This will be security and in- demnity to all. Put the case, that you should vote him Chief Magistrate only, and then leave him to the ancient laws to expound what that means. Shall we not leave him to those ancient doubts and disputes which have cost us so much blood ? "Englishmen's minds are free, and better taught in their liberties now than ever. A Parliament cannot enslave the people. It may happen in after ages that the people may claim their liberties over again. I would have the addition and the question go all to- gether. We have left a bone of contention to posterity, I fear. We may rise before all be perfected, for some reason of state. It is not against the orders of the House to put them together. I would have them put together. Let them go hand in hand." ^ Later, he made a short speech against the word " recognise," arguing that it would take in the whole Petition and Advice : " The word recognise goes to things, and not to persons. I appeal to the long-robe 1 Burton, iii. 227, Feb. 11. 152 LIFE OF SHAFTESBUEY. Chap. VI. men, if recognise take not in all the laws, Petition and Advice, and all powers given by that." ^ And again, it having been urged that to carry a preliminary restriction in the interest of the people would really be doing nothing, as unless a clause to the same effect were carried in committee, nothing would be secured in the bill, Cooper replied that there would be no record in the Journals of a clause proposed in committee and rejected : " Votes will remain on our books when we are crone and it will appear that we had also care of the people. You will have it committed, and nothing appear. I w^ould have both appear on our books together." ^ On the fourteenth of February, immediately after this last short speech of Cooper's, two resolutions were adopted by the House. The first, " that it be part of this bill to recognise and declare his Highness, Eichard, Lord Protector, to be the Lord Protector and Chief Magistrate of England, Scotland, and Ireland, and the dominions and territories thereunto belonging," was carried on a division by 223 votes to 134. After this resolution was carried, Mr. Trevor, one of Eichard Cromwell's party, who became Secretary of State under Charles the Second, offered a resolution "that before this bill be committed, this House do declare such addi- tional clauses to be part of the bill as may bound the power of the Chief Magistrate, and fully secure the rights and privileges of Parliamcmt and the liberties and rights of the people ; and that neither this nor any other previous vote that is or shall be passed in order to this bill shall be of force or binding to the people until the ^ Burton, iii. 276, Feb. 14. 2 ibid. iii. 286, Feb. 14. 1659. SPEECHES ON " OTHER HOUSE." 153 whole bill be passed." This resolution, which was intended as a concession to the Opposition, M'as passed without a division, Tlmrloe alone saying " JSTo " to it. The consideration of the additional clauses was begun on the seventeenth.^ The Opposition were for beginning with the limits of the Protector's power, and more par- ticularly with the question of his veto, or negative voice ; the Government party contended, on the other hand, that the question of the other House should be first settled. Cooper, as usual, sided with the Ojoposition : — " The bounding the single person is the most proper thing in debate, and I apprehended we had now been upon the Chief Magistrate's limitations. It is objected that men cannot vote unless they know whether there shall be another House. That objection is made as if we were constituting a new commonwealth. If that should be, then, unless you know what power your single person shall have, how will you declare the power of the other House, for this will still lie in your way ? I have not heard that debated yet, whether we are upon the footing of the Petition and Advice, or on a new foundation, or on the old Constitution. I think we are yet to be supposed to be upon the foot of the old Con- stitution, unless something appears to the contrary. ^ On Febniary 1 6, a motion was made by Mr. Bulkeley, a supporter of Eichard Cromwell's Government, to accnso Henry Nevil, the well- known Republican, and author of " Plato Kedivivus," of atheism and blasphemy. The object was to prove Nevill disqualified to sit, the existing law requiring that members should be "persons fearing God and of good conversation," and thus to get rid of an Opposition mem- ber. Many defended Nevill, and objected to such a charge being made on hearsay : among others Cooper, who said : "A motion of this nature ought to be made clearly out. To make a man an offender for a word is hard. Manifest and open offences may be punished with more severity. 1 would have the charge clear, that the defence may also be clear and certain." (Burton, iii. 300.) In the end, after an animated foiu' hours' debate, the matter was dropped. 154 LIFE OF SHAFTESBURY. Cuap. YI. Therefore, I would not have us surprised in a vote. We may by this put a limitation upon this that we mean not of, and, instead of bounding the Supreme Magistrate, be rather bounding the liberty of parlia- ments." ^ It was decided by an overwhelming majority, 217 to 86, that the question of the other House should be taken first. The next day it was resolved without a division that it should be part of the bill to declare that the Parlia- ment consisted of two Houses. Then came the question of the powers of the second House. A discursive debate arose on this question. Various members of the Oppo- sition contended for the rights of the old House of Lords, at any rate for the rights of those of its members who had not forfeited for delinquency. Some of the Govern- ment party, by way of avoiding this question, proposed that it should at once be resolved that the members of the other House should not be hereditary ; others pro- posed to take into consideration the powers of the other House, and to begin with the judicial powers. Cooper spoke for determining first whether the other House should consist of the old Lords or of Cromwell's nominees, before entering into the question of their powers : — " If you would have us all of one mind, your question must be as clear as may be. The first question ought to be, whether there be a right or no : for where there is a right (in aU the actions of a man's life) there is a duty ; and then matter of convenience or inconvenience 1 Burton, iii. 335, Feb, 18. 1659. SPEECHES ON " OTHER HOUSE." 155 is out of doors. Two rights are offered to be in being : one of the old Lords ; the other of the other House, or new Lords, wlio have abeady a vast power in their hands, and dangerous to the people. Some tell you the right of one House, some of another. I offer it to you that it is not fit, and if it may not be dangerous, to prejudge or preclude either of their rights, before you agree to the persons. If there be a right, then all their boundaries must be offered to them, whether they will pass them or not ; and I have seldom found men in power to part with it on easy terms. It is therefore necessary to be decided, how far we are to deliberate and restrain them in this point. Seeing great rights are claimed on both sides, let me be satisfied in that point first, before I can give my vote. The consideration of the persons is most natural. One while it is argued for right, 'pro and con, and persons differ ; and then they fly off to conveniency. Matter of right and conveniency are two different things. Therefore, now take into con- sideration these two claims. Consider first whether the old Lords or new Lords have a right or no, and then go on to bound them." ^ ^ Burton, iii. 418, Feb. 22. On tlie previous day. Cooper had joined in urging the release from prison of George Villiers, Duke of Buckiugliani, on the engagement of his fatlier-in-law. Lord Fairfax. This Duke, who became very celebrated in the next reign, and closely connected in politics with Shaftesbury, both in the so-called Cabal ministry and afterwards, had been sent to the Tower by Oliver Crom- well in August, 1658, as a royalist intriguer ; and he was now a pri- soner in Windsor Castle. Coojier said he had "not so much as a correspondence with this person," with whom in the next reign he was so intimately associated. He urged strongly the claims of Fairfax on the gratitude and respect of the Parliament. " Let it not be thought, whatever is in our hearts, that we shall have ingratitude to that person that offered the petition. The care that Lord Fairfax will have of him in his family will be beyond all security you can care for. Vou may well trust him. " Buckingham was released, on his engagement on his honour at the bar of the House, and on Lord Fairfax's engage- ment in £20,000, for his quiet behaviour and abstinence from intrigues against the Government. (Burton, iii. 370.) 1.56 LIFE OP SHAFTESBURY. Chap. VI. One of the Court party now proposed that the ques- tion should be, whether the House would transact with the other House now sitting, as with a House of Parlia- ment : and on this question a discussion lasted for nine days. Arthur Annesley, the future Earl of Anglesey, a leading member of the Presbyterian party, proposed an addition to the question of a clause saving the rights of the old Peers. Cooper spoke zealously both against the proposal to transact and against Annesley's saving clause : — " As to the old Lords, it is the way to destroy their rights which you take to pursue them. This is a saving that destroys the right. You bar their claim utterly by this, whereas you know not but their claim may come in more clearly. You make them and their interest your everlasting enemies. A few new men, but in the room of old men, what will the nation say ? Let us consider what we can say to posterity. The remaining part of that famous Long Parliament would in the issue have rendered their designs famous. Your laws and "O" liberties are all gone. Two negatives are in one hand. An army is in your legislature, and 1,300,000/. per annum for ever. To say that a law made under force shall be a good law, and binding in reason, is against all reason. That about the Bill of Sales is but argumen- tum ad liominmi. If our neighbours say we look well, that will not satisfy; we must examine if we be well. I have sat sixteen years here, ventured my life and bought lands, and my friends and interest have done so. I always hoped, whenever you came to settlement, you would confirm all these sales. True, a possessory title of Chief Magistrate was never questioned in Parliament, but this is upon another foot, the Petition and Advice. 1659. SPEECHES ON " OTH-EE HOUSE." 157 ISTow are you satisfied of tliat claim? Is there that done that will pass AOl. per annum, and yet are passing three nations into the hands of some few persons to them and their heirs for ever ? If there be a necessity upon us now, where will the necessity be afterwards ? Where will be our posterity ? You might have had as good a government three hundred years ago. What are you at present liut a House of Parliament and a single person ? Is there any such difference than when the Parliament w^as in 54 ? You must either transact, it is said, with them, or you must not transact at all. There is no such need. Are we bound to this or that other House? We are not bound. It maybe they Avill sit without us. I had rather they did so and raised money, than that w^e should so bind ourselves as to be but bailifts and servants to them. It is but a shoeing-horn to tell us the right of the old Lords is preserved by this. I cannot consent to transact, because it is against the rio'lits of others, the rights of- this House, and the rights of the nation. If you think you have no need of bounds nor approving, pass your question singly, and then I am sure you are bound for ever. If you will put it, put it singly. It shall have my negative." ^ And again : — "It is impossible to save the rights of others, if you 1 Burton, iv. 50, March 7. On March 4, Cooper had made a short speech on the same subject : "I woukl not have things misrepresented to the House. I was here last Parliament, and the constitution of the other House was disputed all along, and their co-ordinate power denied still, else we had not been so soon dissolved." (iv. 14) On February 24, he had made a long speech, on a proposal by Thnrloe, the Secretary, to equi]) a fleet for support of a mediation by England in the war between Sweden and Denmark, objecting to leaving the question in the hands of the Protector and Council, as was proposed, and claiming the ])0wer of peace and war for the Parliament. It was ultimately referred to the Protector to prepare a fleet, with a proviso, "saving the interest of this House in the militia and in making of peace and war." (Burton, iii, 465, 493.) 158 LIFE OF SHAFTESBURY. Chap. VI. own these upon tliat foot that they are. You cannot alter one bit of it without their consent. Their number is to be but seventy. If sixty ah-eady, how can that clause of yours be practised or put in execution ? JSTow this may be mended, but when you have once owned them, you must stay their leisure. If these would give their places to old Lords, there is one negative upon you still ; so you put two bars before their rights — to bring in the old Lords upon the Petition and Advice : upon that foot, I should for ever abhor them, and myself for doing it. Upon this new foot, you cannot restore them; though I honour them as much as any man, and wish they were restored, but rather never see a Lord than have them on such a foot. I would have the question put singly, that we may not be surprised in our votes."^ Almost immediately after this speech, Annesley's pro- viso was put to the vote, and was carried by a majority of seven. The main question for transacting was then about to be put, when the Commonwealth men, seeing how close the last division had been, called attention to the Scotch and Irish members, and required that their right to vote should be inquired into and decided upon before any further proceedings were taken. The Court -party opposed this, but were obliged to give way ; and it was not until the twenty-eighth of ]\Iarch that, the right of the Scotch and Irish members having been affirmed after very long debates, the question of transacting with the other House was resumed.^ Then another proposed 1 Burton, iv. 83, March 8. 2 Cooper had been active in the discussious on the right of the Scotch and Irish members, doing of course all he could, as an opponent of the Government, to prevent their being recognised. He spoke on March 9, 18, and 22, on this question. On March 9, a motion lieing made by- Mr. Bulkeley, diu'ing the debate about the Scotch and Irish members, 1659. SPEECHES ON " OTHER HOUSE." 159 addition to the question was discussed, the effect of which would have been to postpone the transacting with the other House until it had been approved and bounded by that House. Cooper supported this addition. " I have observed the fortune of the old Peers, that the saving of their rights is the asserting of the rights of these, which is the most destructive to them that can be. It is clearly a putting others in their place, and is setting up a thing that is quite conti'ary. The saving of their rights is the clear proscription of their rights. You are upon the greatest piece of prerogative that ever was. At once you give him a whole negative in this •other House. You give him the greatest prerogative that ever Prince had. While you have an eye to the other House, you overlook one whole negative, and reserve but half a negative to yourself I think that those additions of bounding and approving do well suit with the new Constitution, and reach not the old." ^ This proposal was rejected, and then the House came to the main question. Scot now moved to insert the words " during this present Parliament," and this to declare any attempt either on the person of the Protector or on the House to be high treason. Cooper iirged the postponement. " I lite the thing very well, but it comes not in seasonably. Be the thing never so good, it ought not to break in upon this debate. Divert not upon this question." On March 16, he warmly supported a motion for releasing Major-General Overton from imprisonment in Jersey, and annulling the warrant under Cromwell's hand by which he had been committed in 1655. "I would not only have the warrant voted illegal, but the causes expressed, that it may appear upon your books, which will not appear by the warrant. I would have it further added, as another cause, that he was sent where a habeas corpus will not reach him. I am clearly of opinion, and all the long-robe at the Committee of Guernsey are of that opinion, that a habeas corpus lies not to Jersey. I woidd have a precedent. The case of Berwick diifers much from it. They are a part of England, and send burgesses hither." (Burton, iv. 158.) 1 Burton, iv. 284, March 28. 160 i^IFE OF SHAFTESBUKY, Chap. VI. motion was supported by Cooper in a long speech, which was regarded by the Diarist as one against time. " Sir Anthony Ashley Cooper," he says, " made a long speech till the House was fuller of those of his party, and moved to second the motion that they be but for this Parliament, and would have them bounded in time."^ This speech was afterwards printed in full, and separately published, and, if it was delivered as printed, was a very elaborate oration, intended to pro- duce a great effect. It is a very fierce attack on the existing order of things, on Oliver Cromwell, and on "the other House ;" and some individuals among Crom- well's Lords are singled out for bitter personality. The whole speech may be read at the end of the volume : ^ one extract will here suffice : — " What 1 shall speak of their quality, or anything else concerning them, I avouM be thought to speak with distinction, and to intend only of the major part; for I acknowledge, Mr, Speaker, the mixture of the other House to be like the composition of apothecaries, who mix something grateful to the taste to qualify their bitter drugs, which else, perhaps, would be immediately spit out and never swallowed. So, Sir, his Higlmess of deplorable memory to this nation, to countenance as well the want of quality as of honesty in the rest, has nominated some against whom there lies no other reproach but only that nomination ; but not out of any respect to their quality or regard to their virtues, but 1 Burton, iv. 286. The Diarist remarks that neithei- Haselrig nor Vane was in the House on this occasion, but that Haseh'ig came in at one o'clock and Vane later. The opponents of the Government had endeavoured, just before Cooper made his long speech, to obtain an adjournment of the House for an hour, but had not succeeded. ^ Appendix IV. IGriP. SPEECHES OX "OTHER HOUSE." 161 out of regard to tlie no-quality, the no-virtues of the rest ; which truly, Mr. Speaker, if he had not done, we could easily have given a more express name to this other House than he hath been pleased to do : for we know a house designed for beggars and malefactors is a house of correction, and so termed by our law ; but, Mr. Speaker, setting those few persons aside, who, I hope, think the nonunation a disgrace — and their ever coming to sit there a much greater — can we without indignation think of tlie rest ? He, who is first in their roll, a condemned coward; one that out of fear and baseness did once what he could to betray our liberties, and now does the same for gain.^ The second, a person of as little sense as honesty ; preferred for no other reason but his no-worth, his no-conscience ; except cheating his father of all he had was thought a virtue by him, who by sad experience we find hath done as much for his mother — his country. The third, a Cavalier, a Presbyterian, an Independent ; for the Eepublic, fur a Protector, for everything, for nothing, but only that one thing — money.^ It were endless, Sir, to run through them all; to tell you of the lordships of seventeen pounds a year land of inheritance ; of the farmer lord- ships, draymen lordships, cobbler lordships,^ without one ^ Nathaniel Fiennes, second son of Visconnt Save and Sole, who liad, in the beginning of tlie Civil War, surrendered Bristol to the King's army without making any defence, and had been condemned to death by a court-martial, Imt pardoned by the Earl of Essex, the General-in- chief He was now first Commissioner of the Great Seal, and one of Richard Cromwell's chief advisers. His fatlier and a younger brother, John, were also named by Cromwell mendjers of the House of Lords : the father did not sit. 2 Supposed to be Lord Broghill, after the Eestoration created Earl of Orrery ; a poet and play-writer, as well as a versatile and andjitious politician. 2 Colonel Pride, one of the lords, had been a bi'cwer, and is said to have begun as a drayman; and Colonel Hewsoii, another lord, had been a shoemaker. VOL. I. M 162 LIFE OF SHAFTESBURY. Chap. VI. foot of land l)ut what the "blood of Englishmeu has been the price of. Tliese, Sir, are to be our rulers, these the judges of our lives and fortunes ; to these we are to stand bare, whilst their pageant lordships deign to give us a conference on their breeches. Mr. Speaker, we have already had too much experience how insup- portable servants are when they become our masters. All kinds of slavery are miserable in the account of generous minds ; but that which comes accompanied with scorn and contempt stirs 'up every man's indig- nation, and is endured by none whom nature does not intend for slaves as well as fortune." It has been suggested that this speech was too strong to have been either spoken or at the time published ; ^ but tliere is a multitude of speeches erpially strono- reported in the Diary which has been so often quoted ; and as to publication, there would have been no obstacle a month later, after Eichard Cromwell's fall ; indeed it is probably then that the speech was published. As a composition, the published speech is remarkable ; and, like the published speeches of Shaftesbury's later career, it gives manifold proofs of the author's literary ability. The strong language against Oliver Cromwell, from one who had fur a time acted with liim and been of liis Council, is either revolthig inconsistency, or to be taken as a proof that he had conscientiously given his support to Cromwell in the hope of obtaining through him a settlement of the nation under a good government, and had afterwards conscientiously withdrawn from him, because unable to approve his measures. It has been ^ By the editors of the okl " Pai'liamuiitary History." 1659. ABUSE OF CROMWELL AND HIS PEERS. 163 seen that there is no certain knowledge of the causes of Cooper's separation from Cromwell. It is difficult to understand how Cooper, with all his changes, could have ventured to reproach any one else as " a Cavalier, a Presbyterian, an Independent ; for the Eepul:»lic, for a Protector, for everything," even though his conscience acquitted him of liability to be justly assailed in return with the culminating taunt, — " for nothing, but only that one tliiug — money." Cooper's pecuniary disinterest- edness could not be called in question. It may be fairly said that such vehement reproaches could not have been publicly uttered by one who had been a tool or flatterer of Cromwell, or under personal oljligatious to him, for very many would be eager to retort upon him and expose his own political changes ; and there is no sign in the copious reports of the Diary of Cooper's being twitted by any of his numerous adversaries in the House with inconsistency or ingratitude. In one of his speeches in this Parliament he had openly expressed his regret at Cromwell's violent dissolution of the Pump, declaring his belief that " the remaining part of that famous long Parliament would in the issue have ren- dered their designs famous." How easy would it have been for any Government supporter to reproach him in reply with having accepted, soon after this disso- lution, a nomination to the Barebone's Parliament, and having then again soon after aided in establishing the Protectorate ! And, had he been so reproached, how natural a defence that, regretting Cromwell's con- duct, he had thought it his duty as a good citizen to give aid in making the best of tlic .->ii nation, and lad .M 2 164 LIFE OF SHAFTESBURY. Chap. A'I. aided Cromwell as long as his conscience permitted, but no lonwr! The additional words proposed by Scot and supported by Cooper, for limiting the recognition of the other House to the term of duration of the present Parliament, were carried ; and after an unsuccessful attempt, which Cooper also supported, to strengthen the limitation by further words, " and no longer unless confirmed by Act of Parliament," the question of transacting with the other House was at last brought to an issue, and the following resolution was affirmed on the 28th of ]\Iarch by 198 votes to 125: "That this House will transact with the persons now sitting in the other House as a House of Parliament during this present Parliament, and that it is not hereby intended to exclude such peers as have been faithful to the Parliament from their privilege of being duly sunnuoned as members of that House." No sooner had the question of the " other House " been disposed of, and it had been settled to transact with them, than Mr. Bulkeley, one of the constant sup- porters of the Government, proposed, on the twenty- ninth of March, a bill for settling taxes for the life of Ptichard Cromwell, Protector, and for a certain time after his death. The proposal was strongly opposed, and by none more strongly than Cooper. He opposed the introduc- tion of the bill, but unsuccessfully : a few days later he proposed by way of amendment a resolution that after the end or other determination of the Parliament, no law of excise should be of force, and no excise should be levied. His speech on this occasion is thus reported : — 1659. REVENUE BILL REFUSED. 165 " Will you settle tliis revenue, and not in the body of your government, to see what your money sliall go to support ? It is not yet said what hand you shall have in anything. Once declare money, they may go on without you. "The money [tliat] is paid already, I would have you put no discountenance upon it. Make a previous vote, that after this present parliament none shall pre- sume to levy this duty. That will keep it afoot this parliament ; and in the mean time, you may settle it. Nobody can complain why they want money if we be dissolved. If you have not time to grant it, and be willing to it, you are excused. " I shall offer this previous vote ; and he read it and put it to the table. He said it was not his own, but Mr. Nevill's. ' Resolved and declared, that no law for excise shall be of force, nor excise levied, after the end or other determination of this parliament' " ^ Such a resolution, but even more extensive in its terms, applying not only to excise, but also to customs and all other imposts, was passed without a division ; and the object of the Government in proposing the bill was thwarted. The resolution was, that after the ter- mination of the Parliament no tax of any sort could be levied under any previous law or ordinance, unless it had been expressly sanctioned by this House. This was intended as a check on dissolution, and probably accelerated it. Four days later, on the fifth of April, the House resolved on a declaration for a day of fasting and humiliation througli the three nations; and it was " Burton, iv. 324, April 1. 166 LIFE OF SHA.FTESBUKY. Chap. VI. settled after a renewed short discussion about the " other House," that its title should be " A Declaration of the Lord Protector and both Houses of Parliament." It then became the subject of the first " transaction" with the "other House;" but not till after much dis- cussion as to the mode in which the " other House" should be communicated with, and the appointment of a committee to consider the forms. The House resolved, on the recommendation of the committee : 1. " That such messages as shall be sent from this House to the other House shall be carried by members of this House;" and 2. " That such messages as shall be sent from the other House to this House shall not be received, unless brought by members of their own number." The second resolution was carried against the Government by 127 votes to 114. The message was at last sent up un the fourteenth of April, entrusted to one member, Mr. Grove, the original mover for a day of fasting. The Diarist accompanied him to the " other House," and thus reports what passed this day on that subject : — " I came late and found the House in debate about Mr. Grove's going to the other House with the De- claration for the fast. IMr. Grove desired instructions whether we might stay for an answer. — Mr. Bodurda. It is not rational that he should come away without an answer. I only know two cases where a messenger does not stay for an answer: 1. when a herald goes to proclaim war, 2. when an apparitor comes to serve a citation ; he claps it upon the door and runs away for fear of a beating. — Mr. Salway. I perceive they are not sitting in the other House ; most of them are at Wal- 1659. MESSAGE TO " OTHEE HOUSE." 167 liiigford House.^ — It seems so they were, and not above four iu the House, but they were gathering up their numbers while we were debating. — The cjuestiou was put, that Mr. Grove, when he hath delivered his mes- sage to the persons sitting in the other House shall return to this House without staying for any answer. The question was misput ; it ought not to have been put witli a negative in it. — INIr. Speaker declared for the Noes, Mr. for the Yeas, and that the Yeas go out. Sir Arthur Haslerig and others moved that the Noes go out, because it was not new, but the Yeas went out. Yeas, 100, Lord Falkland and Sir Arthur Haslerig, tellers ; Noes, 144, Mr. Annesley and Sir Coplestone Bampfield, tellers. So it passed in the negative. — Sir Arthur Haslerig said he had the worst luck in telling of any man, and so it proved. — Mr. Grove, attended by above fifty members, cpioruni myself, carried the De- claration to the other House accordingly. After a little stay at the door, for the Lords were reading a bill, Mr. Grove was called in. He and all the members stood bare, by the walls, while the Lord-keeper Fiennes and most of the Lords came down to the bar. AYe made one leg, and then went up to the high step ; and before Mr. Grove ascended, we made another leg. He delivered his message, Itis verbis, without giving them any title, for so was the sense of the House. ' The Knights, Citizens, and Burgesses, assembled in the House of Commons, have commanded me to present this De- claration for a public last to you, wherein they desire the concurrence of this House.' The Lords were bare all the time, and we withdrew, with two legs. After a little stay we were again called in, and ascended the ^ Wallinf^ford House w;is then the resilience of Fleetwood, and a rouneil of ollicers constantly met there ; niauj^ of the chief olticers were l.vLVS. Waliiugford House was on the site of the present Admiialiy. 168 LIFE OF SHAFTESBUEY. Chap. VT. step with the same ceremony ; all the Lords bare, sitting in their places, except Lord Fiennes, who was covered, bnt who stood up bare and returned their answer. ' The Lords' — and then made a pause, as if it had been mistaken — ' this House will return an answer to you by messengers of their own.' Where- upon we withdrew with the same ceremony. It seems, after we were all gone out, one of the Lords called to Mr. Grove and told him they desired our excuse for making us stay so long, for they had read half the Declaration before they knew that we stayed. Else they would have despatched us sooner. — INIr. Grove reported this in effect to the House at our return ; only he left out that passage, that they said ' The Lords' while we were delivering the message."^ There was a little discussion tlie next day as to the entry to be made in the Journals of Mr. Grove's report. " 3fr. Speaker. I desire to know what part of the report which jNIr. Grijve made yesterday you would have entered in your Journal. The whole narrative was read. — Lord FaUdand. If you enter all, you will be laughed at for your reward. — Mr. Grove. If you enter all, ei^ter also that there was such a crowd that I could not go in, and had like to have gone without my cloak. — Colonel White. Enter all, save that part of the colloquy between Mr. Grove and the single member, that being no act of the other House. — Mr. Sjjeaker (and it was the sense of the House) : Leave it to the Committee appointed to peruse the Journal, to insert what they think fit." 2 1 Burton, iv. 426—423. 2 Ihid. 434, April 15. The entry in the Journals, April 14, is short: "Mr. Grove brings answer troni the persons sitting in the 1659. AVALLINGFOr.D HOUSE COUNCIL. 1G9 While tlie House of Commons was engaged in these solemn discussions of forms, grave questions of sub- stance were rapidly developing, comparatively unheeded, into danger. The gathering of peers at Wallingford House, noted by the Diarist, was a gathering of the ndlitary Lords hostile to Eichard Cromwell's command of the army. The many parliamentary victories of the Government over its Eepublican and Presbyterian op- ponents availed it nothing ; and the fatal blow now came to Eichard Cromwell from tlie military magnates, so numerously represented in the House of Lords, for which his government had borne so much labour and odium in the House of Commons. A large party of officers, headed by Fleetwood and Desborough, had early shown jealousy of Eichard Cromwell as Commander-in- chief. The parliamentary Opposition, though generally vanquished hj numbers, had necessarily weakened the Government ; and as the Government became weaker, Fleetwood's party became bolder. A general Council of officers had regularly sat at Wallingford House by Eichard Cromwell's permission ; and they now passed resolutions in offensive language, recommending the transfer of the chief command of the army to some fit person in whom they could confide. Fleetwood was the person designed. There was an understanding between other House that, in obedience to the commands of this House, he had delivered to them in tiie other House the decLiration for the. IHiblic fast, for their concurrence thereunto ; that a little time after himself and other the members of tliis House who accompanied him to declare his message and went with him into tlie other House were witlidrawn, they were called in again, and received this answer from them in the other House, that they would send an answer by mes- sengers of their own." 170 LIFE OF SHAFTESBURY. Chap. YI. the Wallingford House officers and the Republican party, who merged for the time their differences and mutual distrust in sympathy of opposition to Eichard Cromwell. TJie Protector appealed to the Parliament. After a warm discussion, on the eighteenth of April, it was resolved : " 1. That, during the sitting of the Parliament, there shall be no General Council or meeting of the officers of the army, without the direction, leave, and authority of his Higlmess the Lord Protector and both Houses of Parliament ; 2. That no person shall have or continue any command or trust in any of tlie armies or navies of England, Scotland, or Ireland, or any the dominions or territories thereto belonging, who shall refuse to subscribe, that he will not disturb or inter- rupt the free meetings in l*arliament of any of the members of either House of Parliament, or their freedom in their debates and counsels." These votes were sent up to the other House for their concurrence. The " Lords " promised to send an answer by messengers of their own, and resolved by a majority of one to debate the resolutions offered for their concurrence. Pichard Cromwell did not wait for the decision of tlie House of Lords, but, acting on tlie advice of his Council, ordered tlie dissolution of the military Council at Wallingford House. This, however, was an act of boldness which he had neither strength of character nor power in the army to maintain. Fleetwood and Desborough appealed to force, counted their regiments against Richard's, and demanded a dissolution of the Parliament ; and Richard held no alternatiA^e but to comply. 1659. FALL OF KICHAED CROMWELL. 171 On Friday, the twenty-second of April, the House of Commons met in alarm, and after an uneasy sitting adjourned to the following Monday. On the evening of Friday a dissolution was proclaimed ; and the doors of the House were locked, and guards placed round the approaches to prevent the memhers from again meeting.^ This was the end alike of Eichard Cromwell's Parlia- ment and of Eichard Cromwell's Protectorate. 1 Ludlow's Memoirs, ii. 631—642; Sir E. Baker's Chronicle, p. 641, eil. 1684; Comm. Journ. April 18 — 22; Burton's Diary, iv. pp. 448 anil sq(|. ; Guizot, Protectorat de Richard Cromwell, &c., i. 112—129. CHAPTER VTT. 1659—1660. Eastoration of the Rump rarliainont, May 7 — Conunittee of Safety appointed — Cooi)er's election jietition for Downton of 1640 referred to a committee — Not seated — Cooper elected member of Council of State — Suspicions of him as a Royalist by some colleagues — Scut accuses him of correspondence with Hyde — He denies the charge — Coo]ier rejects Royalist overtures — Letter from Monk to Cooper — Distractions of Council and Parliaiueut — Sir George Booth's rising — Cooper arrested in Dorsetshire, and accused of com]»licity with Booth — Council of State and Rarliameut ac(piit him — Military revo- lution by Lambert — The Rumji suppressed, October 13 — Committee of Safety nominated by Lambert and his coadjutors, October 25 — Cooper opposes Lambert and the Committee of Safety — ]\Ionk also opposes — Cooper's narrative from October 25, 1659, to February 6, 1660 — Treaty of Monk's Commissionei's with Committee of Safety^Attemjit to arrest Cooper — Overthrow of Committee of Safety and restoration of Runi]) — Cooper one of five temporary Commissioners for the Army — Prompt measures for dispersing Lambert's forces — Cooper appointed member of new Council of State — Admitted as member I'or Downton — Made colonel of regi- ment taken from Fleetwood — Monk's march to London — Monk's changes of conduct — Admission of secluded members, February 26 — Coofier commands the guard on their admission — Council of State appointed of Royalists and Presbyterians — Cooper one — New Parliament called for April 25 — Letter of Montagu to Cooper — Haselrig, Scot, and others offer Monk the crown — Monk refuses — False story of Monk aiming to be made king with help of French Ambassador — Lambert's insurrection and defeat by Ingoldsby — Cooper's letter of rejoicing to Montagu — Cooper arts with the Presbyterian leaders for bringing in the King on conditions — Meet- ing of Convention Parliament — Monk outstrips the Presbyterians, and brings in Charles without conditions — Cooper one of twelve commissioners of the Parliament sent to the King at Breda^ Accident on his journey — Friendship with John Locke— Cooper's changes during the last twenty years —Satires of Butler and Dryden. There were two parties among the officers who had combined at Wallingford House, under Fleetwood and 1659. RESTORATIOX OF Er?>IP. 173 Desborouf'h, to force Eicliard CroniMell to dissolve the Parliament. Fleetwood and Desborougli tlieniselves did not design to depose the Protector or abrogate the Petition and Advice : Fleetwood was husband of Pdcliard's sister, and Desborougli of his aunt. Their object was to take away from Pdchard tlie immediate command of the army, and make Fleetwood commander- in-chief. But a majority of the officers who met at Wallingford House were Eepublicans, and wished to establish a commonwealth, without any single person at the head having a share in the legislative power. When the officers assembled, after the forced dissolu- tion, to deliberate on what was next to be done, this difference of opinion became manifest. Fleetwood and Desborough found that they could not stop where they wished. The Council of officers would not listen to their pleadings for continuing Eichard Cromwell as Protector. It was proposed to revive the authority of that remnant of the Long Parliament whose sittings Oliver had forcibly discontinued in April 1053. This proposal found great support outside Wallingford House. The superior officers of the army in London and its neighbourhood assembled in St. James's Chapel to discuss the position of affairs, and Doctor Owen and other Independent ministers, attending to consecrate their deliberations by prayer, improved the occasion by dwelling on the glories of the old Eump. Lambert, whom Cromwell had deprived of his commission, but who, though not an officer of the army, had been deeply engaged in the late cabals of Wallingford House, and who now received the command of a regiment, 17-4 LIFE OP SHAFTESBURY. Chap. VII. exerted his powerful influence among the officers to promote the restoration of the Eump. Tlie inferior officers declared themselves for this measure. A petition for the recall of the Eump was presented from the city. rieetw(jod and Desborough were obliged to yield. A communication was opened with a few of the most influential members of the Eump. A committee, of which Lambert was the chief member, deputed by the officers of Wallingford House, had several conferences with Vane, Haselrig, Ludlow, and Salwey, in order to oljtain their consent to certain conditions on which the officers proposed to invite those members of the Long Parliament wlio had sat after the execution of the King and till April 1653, to resume the sovereign authority. These conditions were an indenniity for all military and political acts since the dissolution of the Eump, a liberal provision for Eichard Cromwell, an effectual reformation of the Church and the law, and the institution of a senate, similar to the second House of the Petition and Advice, for a check on the representative assembly in making provision for the future government of the commonwealth. It is clear that four indi- viduals could not undertake to bind the whole body; they objected to the proposal of a senate; they promised to use all their influence to procure an ample indemnity and a decent provision for Eichard Cromwell, and as to these points they anticipated no difficulty ; as regarded the reformation of the law and the Church, the members of the Eump were not likely to be less zealous than the officers of the armv. 1659. EESTOEATION OF HUMP, 175 Ultimately a declaration, inviting those members of the Long Parliament who had continued to sit after the execution of Charles the First to resume the sovereign authority over the three nations, was drawn up by the council of officers, and presented by Lambert to Lenthall, the old Speaker. On the seventh of May Lenthall once more took the chair of the Eump in the old Parliament House at Westminster, and thus the power of the array re-established an authority which, just five years before, the power of the army wielded by Oliver Cromwell had broken.^ Forty-two out of about a hundred and sixty members entitled to sit under the limitation imposed took their seats in Westminster on the seventh of May.^ This was just more than enough to make a House, and as many as could be mustered in London on so short a notice. About ninety on the whole in the end took their seats. Some of the members whom the army had excluded in 1648 endeavoured, on the first day of meeting, to enter and sit also, but a military guard kept them out. The first care of the new rulers was to appoint a Committee of Safety, in order to carry on tlie necessary duties of administration, and provide against danger from the Koyalists, to whom the late confusions had 1 Ludlow, ii. 642—651 ; Sir R. Baker's Clironiulo, p. 64-2. 2 It i.s Ludlow's statement that there were now 160 nienibers of the Long Parlianieiit still living of those who had sat after the exeeutioa of the King. (Mem. ii. 645.) But Ludlow is not always aceurate, and this number is possibly an exaggeration. No more than 122 ever voted between the execution of Charles I. and the ejection of the Rump in April 1653. See note at p. 91 ; also Hallam's Const. Hist, ii. 325, and Bisset's History of the Commonwealth, i. 23. 176 LIFE OF SHAFTESBURY. Chap. VII. & given encouragement. This committee was composed in nearly equal proportions of officers of the army and republican members of the House. It consisted of Fleetwood, Desborough, Lambert, Sydenham, John Jones, and Berry, ofticers of the army, and Haselrig, Vane, Ludlow, Salwey, and Scot : Fleetwood, Sydenham, and John Jones were also members of the House. This committee was to continue only until a Council of State was organized ; and no time was lost in electing a Council of State. Cooper, who had so vigorously co-operated with the Ilepublicans in the last two Parliaments, immediately endeavoured to gain admission to the revived Rump as a member, on his never-adjudicated petition for Downton at the beginning of the Long Parliament. His case was referred, two days after the Rump was reconstituted sovereign, together with the case of Lord Fairfax, to a revived committee for examining the cases of all members who had not sat since 1648.^ Put Cooper did not succeed at present in gaining admission : the reason why is not known. It was possibly a reason of form, at least ostensibly, and there were suspicions of Cooper's sincerity as a Re- publican which may have influenced the adverse decision.^ 1 Comm. Jom-n. May 9, lC^r,9. ^ Ludlow, in one of the suppressed passages in the Appendix III. says that the Committee, in Cooper's case, " alleging their powers were at an end, it was referred to them to searcdi their books, and state matter of fact in relation thereto." He also says that Coojier having many friends in the House, those who suspected him managed to get the ipiestiou referred to the Committee, as the best way of putting him off. 1659. MEMBEK OF COUNCIL OF STATE. 177 There was no delay in proceeding to appoint a Co.uncil of State, and Cooper was elected a member. It was first resolved that this council should consist of thirty-one members, twenty-one of whom were to be members of the House, and ten to he chosen from without. The House began, on the thirteenth of IMay, by electing seven who were not of their body. Lord Fairfax, Lambert, Desborough, Berry, Bradshaw, Sir Anthony Ashley Cooper, and Sir Horatio Townshend, were proposed and agreed to without a division. The remaining twenty-four members were elected by ballot on the fourteenth and sixteenth. They were Haselrig, Vane, Ludlow, Fleetwood, Salwey, IMorley, Scot, Wallop, Sir James Harrington (the author of "Oceana"), Colonels Walton, John Jones, and Sydenham, Algernon Sydney, Henry Nevill, Chaloner, Downes, Oliver St. John (Chief Justice), Colonel Thompson, Whitelocke, Colonel Dixwell, Eeynolds, Berners, Sir Archibald Johnstone of Warristou, and Sir Piobert Honywood. The last three were not members of the House. The officers of the army were in a minority in the Council. TJie election of Cooper and of Sir Horatio Towns- hend, a young Norfolk baronet of great possessions, whose father had been a Cavalier, but who, having lately come of age, had acted, like Cooper, with the Republican party in the last two Parliaments of the Protectors, is said by Ludlow to have surprised and disconcerted some of tlieir colleagues. They were the two last proposed of the seven first elected from per- sons out of the House ; it was at the close of a sitting,^ ^ Comm. Journ. May 13. VOL. I. X 178 LIFE OF SHAFTESBUKY. Chap. VII. and it may be that the House was in some degree surprised into electing them. " Which two motions," says Ludlow, " being upon the rising of the House made on a sudden, before any could recollect themselves to speak against them, there being also an unwillingness to disoblige those of whom there was any hope, were consented to."^ Cooper had been proposed by Mr. Love, a Eepublican, and Townshend by Nevill, who was unquestionably of the same party. Ludlow further states that several of the AVallingford House officers alleged that Cooper and Townshend were " assured to Charles Stuart's interest, and that they would give intelligence to him of all that passed," and that they kept away from the Council by reason of distrust of these two colleagues ; and that endeavours were consecjLuently used by some friends of Cooper and Townshend to persuade them to resign, or at any rate not to attend the Council.^ With Cooper, any such endeavours, if made, were ineffectual. Ludlow says that Townshend was persuaded to forbear from sitting. Cooper, on taking his seat in the Council, took an oath of fidelity to the Commonwealth as con- stituted, as he had previously taken the engagement and as later he took it again, and as he had taken oaths of fidelity to the Constitution under the Protectors ; and whatever suspicions may have been entertained Ijy some of his colleagues, there is no pretence for saying that he broke his oath by correspondence with the exiled Charles or intrigues in his interest. 1 No. 3 of Suppressed Pawsnges of Ludlow iu Appeudix III. 2 No. i of Ludlow's S;;])pi-es;-jt'd ra.ssa^^e.s. 1659. ACCUSED OF EOYALIST INTEIGUES. 179 Thomas Scot, a leading Eepublican member, accused Cooper and Whitelocke, in the Council, of correspond- ence with Hyde, the companion in exile and chief counsellor of Charles. Both indignantly denied the charge, which Whitelocke says was made on the authority of " a beggarly Irish friar beyond the seas ;" and both were believed by the Council. Whitelocke, himself a sufficiently supple politician, insinuates, as he records this incident, that Cooper's solemn denial was not necessarily tnife. " Sir A. A. Cooper," he says, " made the highest professions that could be of his innocence, and the highest imprecations of God's judgments upon him and his posterity, if ever he had any corre- spondence with the King or with Sir Edward Hyde or any of the King's ministers or friends, and his expres- sions were so high that they bred in some the more suspicion of him ; but at this time he was believed, and what followed afterwards is known." i There is every reason to believe that Cooper's solemn denial was true. Eighteen years later, in a letter written to Charles the Second and appealing to his gratitude and clemency for release from imprisonment, he denied all correspondence with the King and his party before the Eestoration, as solemnly as he now denied Scot's accusation in the Council of State ; and how could he venture on a falsehood in this matter to Charles ? " I had the honour," wrote Shaftesbury to Charles the Second in 1677 from the Tower, "to have a principal hand in your restoration ; neither did I act in it but on a principle of piety and honour. I never ^ Whitelocke's Memorials, p. 679, ilay IS, 1659. N 2 180 LIFE OF SHAFTESBURY. Chap. VII. betrayed, as your Majesty knows, the party or councils I was of. I kept no correspondence with, I made no secret addresses to your INlajesty ; neither did I endeavour to ohtain any private terms or articles for myself or reward for what I liad done or should do." Published letters of Royalist agents, the best jiossible witnesses, prove that on the very eve of the Eestoration, when Cooper's part was decidedly taken, and he was acting with tlie Presbyterians to bring in the King, he was working independently of the Pioyalists, and in a manner which did not satisfy them. Lord Willoughby wrote to Hyde, February 24, 1660 : " Sir William \Yaller and Sir Anthony are his jMajesty's fast friends, but whether the Presbyterians will not be high in them, as to the proposals when they come to be made, is the only doubt." ^ r>i'odrick, a very active lioyalist agent, wrote about the same time that he perceived no desire in Cooper to l)e mentioned to Hyde as offering services, such as he was empowered to offer from Charles Howard, the future Earl of Carlisle, and from Sir Robert Howard.- At tins time, a twelvemontli Ijefjre tlie Restoration, immediately after the fall of Ricliard Cromwell, Cooper separated himself from the general Presbyterian liody 1 Clarendon State Papers, iii. 6S9. 2 Ihid. 681, Feb. 20, 16()0. Brndrick wrote under the assumed name of Hancock ; and after suggesting that power sliouhl be given to Charles Howard and Kobert Howard to make promises to Monk and his party, he adds : " Sir A. A. Coo]ier endeavours the same way earnestly, but I do not perceive any desire in him to be mentioned by Hancock." Mr. Hallam has fallen into error in speaking of Sir Anthony as a correspondent of IIyaoement, enter the Barebone's Parliament, and take office under the Protectorate. AVhen the leading Pres- byterians generally discountenanced the Eepublicans, and were looking to Charles in exile, and many of them were joining to prepare tlie movement which soon ended in Sir George Booth's abortive rising, it was very natural that there should be suspicions of Cooper among the Republicans, and hopes of him among the Eoyalists ; and these hopes again would increase the suspicions. Cooper was the only Presbyterian in the Council Townshend was the young heir of a deceased Eoyalist. Published letters of Royalists again give aid to prove that Cooper disappointed royalist hopes and rejected royalist overtures. Brodrick wrote to Hyde, on May 23, that Cooper had engaged to raise three or four hundred horse in Dorsetshire for a con- templated rising for the King, but had not yet left London.^ Now tliis Brodrick is described by Lord Mordaunt, the King's best agent, in a letter written June 7, as a very indiscreet and dangerous person, and given to drink. Brodrick's statement about Cooper was probably an exaggeration of his own liopes : for Mor- daunt having been asked by Hyde whether he continued to ha\'e a good opinion of Cooper, replied, June IC) : " Sir A. A. Cooper is rotten, and sits ; he never knew lie had a letter, being shy when taxed by Sir George Booth."- Thus we learn that the King had been led ly' i Cliireiulon State Papers, iii. 478. 2 Ibid. 4b8, 49U. 182 LIFE OF SHAFTESBURY. Chai'. VIT. his agents in London to write himself to Cooper, and a subsequent letter of Hyde gives information of Cooper's refusal. " I am sorry," Hyde wrote to Lord Mordaunt, July 3, " Sir A. A. Cooper hath so much disappointed your expectations, which no douht is not for the reason he gives, for he is too wise to think it possible that the King would write to any subject to assist him, whose estate he had given away as forfeited, nor doth he believe himself a delinquent of that magnitude."^ It is clear enough that Cooper repelled or evaded the royalist overtures, and would not encourage Sir George Booth. By " Sir A. A. Cooper is rotten, and sits," was, of course, meant that Cooper was good for nothing, and sat in the Council of State.^ The following letter was written by Monk, who was at this time Commander-in-chief of the forces in Scotland, to Cooper, as a member of the Council of State, early in June, and it is interesting as being the beginning of their intercourse, and as showing that 1 Clarendon State Papers, iii. 512. 2 Mr. Martyn, who says that he follows Stringer, states most erroneously that Cooper never sat in this Conncil. Martyn refers also in support of his statement to a tract called " England's Confusion," printed in the Soniers Tracts (vol. vi. p. 521^, hy which he says it appears that neither Sir A. A. Cooper nor Sir H. Towushend ever sat or acted in the Council. But the tract does not say so ; it describes all the members of the Council abusively, except Cooper and Town- shend, saying of the latter that he was "a gentleman of too good estate to be hazarded with such a crew," and of Cooper that he was "a gentleman too wise and honest to sit in such company." Town- sheud probably never sat in the Council ; Coo])er did. The Minutes of this C!ouncil preserved in the State Paper Office begin only on August 11. Then Cooper was alisent from the Council, in Dorsetshire, and afterwards he was charged with having abotteil Sir George Booth's rising. But after he was acquitted of this accusation he attended the Council constantly till the revolution made by Lambert and Fleetwood in October ; and there is no doulit that Cooper had frequently sat in the Council between May and August. 1659. LETTER OF MONK. 183 INIonk regarded Cooper as an active and influential member of tlie Council. Similar letters were written by Monk to other members of the Council and to the Speaker, who read the letter received by him to the House •} — "Honourable Sir, — It is some trouble to me that, the first time I should have occasion to write to you, it must be to request a favour at your hands. But I hope you will please to pardon this my incivility and bold- ness, and place me in the list of your friends ; for I can assure you I shall be as ready to serve you as any friend you have. Understanding that there is a committee appointed by Parliament for the presenting of officers to be continued in the several regiments in England, Scot- land, and Ireland, and knowing the officers here were, upon the first motion, most desirous that the Long Parliament might be recalled to return to their former station, I make it my request to you, that you will be assisting that there may be no alteration amongst the officers belonging to the forces here ; for I shall desire you to find credit herein, that you may be confident that there is not any you can employ will be more ready to serve the Commonwealth than they. But in case my request for the whole cannot be granted, I shall entreat that the officers of my own regiment of horse and foot, and Colonel Talbot's regiment (a list whereof 1 Comm. Jom-n. .Tuiie 9, 1659. Sir A. Haselrig was commissioned to prepare an answer, which may he read in the Journals, .June 10. The answer was rather curt, hut, though compliance was not ])romised, ]\lonk's desire was in fact complied with, the Parliament and the Council attaching great importance to his support. Mr. Martyu says that_ Cooper's exertions in Monk's favour caused jealousy, and led to his being accused hy Scot in the Council of holding correspondence with the King and Hyde. (Life, i. 204.) But Scot's accusation was prior to the date (jf Monk's letter. 184 LIFE OF SHAFTESBURY, Chap. VJI. I have sent enclosed), may be continued : tliey Lave usually quartered nearest me, and so are best known to me. I shall also desire you will acquaint as many members of the House as vou shall think lit to enu'afre in this business, by doing which you will very much oblige, " Your humble servant, " George Moxk. "Dalkeith, 4th June, 1659. " For the Hon. Sir Anthony Ashley Cooper, " One of the Council of State, at Whitehall." Cooper apart, the new Council was a discordant body; and divisions and jealousies soon appeared among the army party and Eepublicans, both in Council and Parliament, which strengthened royalist hopes, and led in a few months to another military suljjugation by Lambert. The weak and distracted state of the Council and the Parliament, in the month of June, is graphically described in two royalist letters printed in tlie Claren- don State Papers. " The confusions now," writes Major Wood, June 3, 1059, "are so great that it is not to be credited ; the chaos was a perfection in comparison of our order and government ; the parties are like so many floating islands, sometimes joining and appearing like a continent, when the next flood or ebb separates them that it can hardly be known where they will be next."^ >A more particular account of the divisions in the Council at this time is given in a letter of June 7 from Lord Mordaunt, who describes the members as follow. 1. John Jones, Fleetwood, and Berry, for restoring 1 Clareiidou Slate rajicrs, iii. 479. 1659. SIR GEORGE BOOTH'S RISIXG. 185 Eicliard Croinvvell ; 2. Salwey, Vane, Lambert, and Haselrig for tlie Petition and Advice and an execu- tive of seven — Haselrig, however, not always with the three others, and he and Salwey more Presby- terians than anything else ; 3. Ludlow, Nevill, Sir James Harrington, and Mildmay, Eepublicans, " who lead the House as to plurality of voices," but want interest in the army ; 4. Overton, Pi. Fox, and Fifth Monarchy men.^| Extensive preparations were made by the royalist party for a general rising in England and AVales on the first of August : the Presbyterian gentry entered largely into the project, and it was the policy of the Eoyalists to give prominence to the Presbyterian element. Shortly before the first of August, Charles moved secretly from Brussels to Calais, in order to be ready to cross if tlie rising succeeded. But the Council of State obtained timely knowledge of the design, and prevented risings in many parts of the country. Several who had undertaken to move failed at tlie last moment. The principal rising was in Cheshire, under Sir George Booth, and the Parliament despatched a force under Lambert, by wlioui Booth was easily defeated. Shortly after this unsuccessful rising. Cooper was arrested in Dorsetshire by a Major Dewey on suspicion of correspondence with Sir George Bootli. The arrest was on a statement by a boy from A\'ales, named Nicholas, that he had carried a letter to Cooper from Sir George Booth. Major Dewey wrote to the Council 1 Clarendou State Papers, iii. 483. 186 LIFE OF SHAFTESBUKY. Chap. VI I. of State on August 21, reporting the arrest of Cooper and the statement of the Loy Nicholas. The Council reported the matter to the Parliament, which approved of Dewey's jDroceedings, and directed the Council to institute an investigation. The Council then ordered Dewey to release Cooper, and w^rote to Cooper desiring his attendance. They appointed a committee to con- duct the inquiry, wdiicli consisted of the following members : — Whitelocke, Bradshaw, Sir Henry Vane, Walton, Morley, Salwey, Johnstone of Warriston, Nevill, Desborough, Sir James Harrington, Downes, Reynolds, Chaloner, Haselrig, Berners, and Berry. This committee reported to the Council, and the Council, on September 1 2, unanimously resolved : — " That it be humbly reported to the Parliament that upon the examination taken before the Council or otherwise, in the business of Sir A. A. Cooper, referred to the examination of the Council by order of Par- liament, it doth not appear to them that there is any just ground of jealousy or imputation upon him, and Mr. Neville is desired to make this report." The Parliament adojited the report of the Council without a division. The members present in the Council who unanimously actjuitted Cooper, were Sir H. Vane (chairman), Colonel Thompson, Berners, Johnstone of Warriston, Nevill, Walton, Sydenham, Haselrig, Scot, Dixwell, Bradshaw, Desborough, Fleet- wood, and Downes.^ The Committee was so composed 1 Minutes of the Council of State in tlie State Paper Olfice from August 25 to September ]2, 1659. M. Guizot, Avho liail uot seen these Minutes, has hazarded an assertion that Cooper, though acquitted, was justly accused : "Accuse ahon droit de complicite dans I'insurrectiou, 1659. DISSENSIONS OF PAELIAMENT AND AEMY. 187 that its verdict, adopted imauimously by the Council and the Parliament, may be taken as an entire acquittal of Cooper. Ludlow, carried away by his bitter feeling, has given an unfair account of the judgment, stating that " upon examination of a boy which brought, as was supposed, a letter from Sir George Booth before his rising, to Sir A. A. Cooper, it was found that he dis- missed the boy with much civility, in token of con- senting to what was done."^ This may have been the evidence on which he was accused, l)ut the acquittal was entire and unquahfied. Lambert's easy victory over Sir George Booth was, within two months, followed by another easy victory of Lambert over the Parliament itself. The Paimp failed, as Pdchard Cromwell and his Parliament had failed, to satisfy the demands of the army and its officers. The Ptump, immediately after its restoration, had, on the indication of the officers of the army, appointed Fleetwood commander-in-chief, but limited his commission to one year ; and instead of authorizing him to issue commissions to the officers nominated by the Parliament, they resolved that the commissions should be signed by the Speaker, and that the officers should come to the House to receive them from his hands. The army had submitted to these arrange- ments, but most reluctantly. Soon after the suppres- sion of Sir George Booth's insurrection of August, fifty Sir Antoine Cooper, sur le rapport de Nevil, fut declare innocent." (Frotectorat de K. Cromwell et Ketablis.senient des Stuart, i. 211.) There is no known evidi-nee on whieli to dispute the justice of the acijuittal. ^ No. 5 of Suppressed Passages of Ludlow iu Appendix III. ^ 188 LIFE OF SHAFTESBURY, Chap. VII. officers of the brmade which had served under Lam- bert's orders, met at Derby and prepared a memorial praying that Fleetwood should be made commander- in-chief of the army without limitation of time, Lambert major-general, Desborough lieutenant-general of the horse, and Monk major-general of the foot, and that no officer of the army sliould be dismissed from his command except by a court-martial. The memorialists complained that the Parliament had not shown enough energy in suppressing the late rebellion, and had n(jt sufficiently punished those engaged in it or sufficiently rewarded those who had suppressed it ; and they pressed for settlement of the government in a representative assembly and a senate. The memorial came to the knowledge of Haselrig, who immediately brouglit it before the House, and moved that Lambert and some others should be seized and sent to the Tower. This motion was not persevered in ; but a resolution was passed, " that to have any more general officers in the army than are already settled by the Parliament is chargeable and dangerous to the Commonwealth ; " and by another resolution Fleetwood was charged " to communicate the order of this House to the officers of tlie army, and to admonish them of their irregular proceeding, and to take care to prevent any further pro- ceedings therein by the soldiers." ^ A council of officers now met at Wallingford House, where great anger was exj^ressed, and it was resolved to prepare an address to the Parliament which should not be open to the objections made against tlie former memorial. This 1 Uomiu. Jouiu. Sept. 23. 1659. lambeet's militaey eevolution. 180 address was presented by Desborougli and other officers on the first of October ; and the House took it into consideration. They were proceeding with the consideration of it, when, on the twelfth of October, Colonel Okey communicated a letter which he had received, signed by Lambert, Desborough, and seven other officers, inviting him to get signatures to the address among the soldiers of his regiment. This roused the indignation of the Commonwealth party. They had just received intelligence that ]Monk favoured the Parliament against the army. Encouraged by this new^s, they determined to proceed vigorously. The doors of the House were ordered to be locked, and votes were passed depriving Lambert, Desborough, and the other officers who had signed the letter to Okey of their commission, revoking Fleetwood's commission as commander-in-chief, and placing the government of the army in seven commissioners, Fleetwood, Ludlow, Monk, Haselrig, Walton, ]\Iorley, and Overton. There had lately been much suspicion of Lambert that he designed to make himself Protector, or even King, and it was probable that, wdien the House met the next day, a motion would be carried to send him to the Tower. -^ The next day Lambert filled the approaches to the Hovis6 with soldiers, and prevented the meeting of the 1 Carto's Collection of Letters, ii. 20-3, 225, 246, 265. These letters of royalists mention that Lambert was distrastful ami jealous of Fleet- wood, that Vane and Thurloe favoured Lamliert's aml)ition, and that Fleetwood was believed to be inclined to restore Charles. Hyde, writing to Ormond, says he had heard that Lambert was saved from the Tower by only three voices (p. 265). 190 LIFE OF SHAFTESBURY. Chap. VII. Parliament. During the thirteenth and fourteenth the rival troops of Lambert and the Parliament stood in hostile attitude in the immediate neighbourhood of the Parliament House in Westminster, but no collision occurred, and Lambert triumphed without bloodshed or even a blow.^ The friends of the Parliament mustered strong in the Council on the afternoon of the fourteenth, Lambert, Desborough, and Berry being absent, and it was re- solved, " That those persons that do exercise the chief power and command in the army, and all others con- cerned, be ordered to withdraw the guards about the Parliament House and Westminster and parts adjacent, to the end the Speaker and members of Parliament may return to the free exercise of the legislative power and their duty." The Council met again next morning, when the serjeant-at-arms reported tliat he had given the order of the day before to the Council of officers, "and delivered it to the Lord Lambert, General Des- borough, Colonel Berry, and Lord Fleetwood, and, being withdrawn, was again called in and had this answer, that they had received the order of the Council and would take a convenient time to consider of it."- When this report was given, the Parliament had been ^ There is a very valuable and interesting letter of Mordannt in Carte's Collection, ii. 244, descriliing the positions and proceedings of the o]iposed troops with nuich minuteness. 2 Minutes of Council of State in State Paper Office, October 13-15. M. Guizot is in error in describing the order of the Council of State of the 14th for Lambert's forces to retire as a compromise of the Parlia- ment party with Laml)ert. (Protectorat de Richard Cromwell, &c. i. 228.) He also in the same passage erroneously describes the Parlia- ment party as ac(puescing in the result: some Republicans gave in to Lambert, otliers stood out against him. 1659. OPPOSES LAMBEKT. 191 vanquislied and the military revolution was complete. The Council adjourned to the afternoon, when Fleet- wood was present, and it was then proposed that, in consequence of the condition of affairs, the Council should adjourn till the end of November. This pro- posal was negatived. Cooper was present at these meetings of the Council of State of the fourteenth and fifteenth of October, and in this conjuncture he stood by the Council of State and by the Pamip against Lambert and his party. The Council of State continued to hold sittings till the twenty- fifth, when a new Committee of Safety superseded it : but Cooper did not sit again after the afternoon of the fifteenth ; nor did Haselrig, Bradshaw, Walton, or Nevill. Bradshaw, the celebrated President of the Hiah Court of Justice which tried and sentenced Charles the First, died a few days afterwards, having attended the council in spite of illness to protest against the military revolu- tion. Scot and Reynolds appear to have attended the council till it ceased to sit on the twentv-fifth ; but they opposed Lambert. Vane, Salwey, and Harrington left the Republican party on this occasion, and sided with Lambert and the new Committee of Safety. Lambert and the ofticers acting with him had, indeed, on the thirteenth of October, immediately after the inter- ruption of the Parliament, nominated a rival temporary Council of State, consisting of ten jDcrsons, Fleetwood, Lambert, Whitelocke, Vane, Desborough, Harrington, Salwey, Berry, Sydenham, and Johnstone of Warring- ton. These, however, continued to attend the sittings of the old Council of State till it expired on the twenty- 102 LIFE OF SHAFTESBURY. Chap. YIT. fifth. The council of officers had also, on the thirteenth, appointed Fleetwood commander-in-chief of the army, Lambert major-general, Desborongh commissary-general of the horse, and Fleetwood, Lamljert, Vane, Des- borongh, Ludlow, and Berry commissioners for the nomi- nation of all officers of the army.^ On the twenty-sixth of October, they nominated a Committee of Safety of twenty-three members, viz. Whitelocke (who was made keeper of the Great Seal), Fleetwood, Lambert, Des- borough. Steel (Chancellor of Ireland), A^ane, Ludlow, Sydenham, Salwey, Walter Strickland, Berry, Law- rence, Harrington, Johnstone of Warriston, Alder- man Ireton, Tichborn, Hewson, Clark, Bennet, Colonel Lilburne, Holland, Henry Brandriff, and Eobert Thomson, and they at the same time published a declaration, in wdiich they pronounced all the votes of the Eump Parliament passed on and after the tenth of October to be null and void, proclaimed their desire to give full liberty to all the people of Eng- land, to make a complete reformation of the law, and to maintain a faithful ministry by some better means than tithes, and declared that they had no intention of setting up a military or arbitrary government, but that, having appointed in the first instance a Committee of Safety, they designed to prepare a suitable form of government without a single person, kingship, or House of Lords.^ Cooper was now, with some other members of the displaced Council of State, indefatigable to overturn the 1 Sir R. Baker's Chronicle, p. 661, ^ Ibid. p. 662 ; Ludlow, ii. 715. 1659. MONK AGAINST LAMBERT. 193 new Committee of Safety and restore the power of the Eump. There acted with him of the late Council Scot, Haselrig, Colonels Morley, Eeynolds, and Walton, Wallop, Nevill, and Berners. The hopes of Lambert and Fleetw^ood soon received a heavy blow from Monk, who commanded the army in Scotland; he announced decided hostility to the revo- lution. They had hastened after the event to seek the .support of Monk ; and he replied in terms of strong disapproval. Monk wrote at the same time to the Speaker, declaring his intention to expose himself and his army to the utmost hazards for the restitution of the Parliament. He immediately proceeded to prepare his army to move. The Committee of Safety sent off Colonel Talbot and Dr. Clarges, Monk's broth er-in-laM% to Monk, to endeavour by explanations to persuade him to come to terms with them ; and shortly after, in orde^ to be prepared for the failure of these negotiators, they despatched Lambert to the North with a force of 12,000 horse and foot. Talbot and Clarges arrived at Edin- burgh on the second of November. Monk accepted the proposal to treat, and appointed Major Knight, Lieut.- Colonel Clobery, and Colonel Wilks commissioners for this purpose. He instructed his commissioners to insist on the restoration of the Parliament ; but if the members should refuse to sit, then, and then only, he authorized them to discuss some other form of govern- ment. The commissioners proceeded to York to treat wdth Lambert, and, on finding that he had no power to treat for the restitution of the Parliament, they went on to London. There the terms of a treaty were soon YOL. I. O 194 LIFE OF SHAFTESBURY. Chap. VII. arranged by tlieni with Fleetwood in disregard of Monk's instructions as to the restoration of the Par- liament. This treaty was concluded on the fifteenth of November, and provided for the meeting on the second of December of a general Council nominated from the army and fleet to determine a new form of government, and for the prompt summoning of a new Parliament according to whatever might be the reso- lutions of the proposed general Council. The day after Monk's commissioners had made the arrangement with the Committee, of Safety, Cooper and Haselrig had a meeting with them and endeavoured to persuade them to recede, but entirely without success. Cooper has himself narrated the course of events and his own active proceedings from tlie establish- ment of the Committee of .Safety on tlie twenty- fifth of October to the sixth of February, 1660, wdien the Rump, which had in the meantime been restored on the twenty-sixth of December, admitted the secluded Presbyterian members, and made the way clear for a new Parliament and the restoration of Charles. It is only a fragment of a narrative which remains, both beginning and ending in the middle of a sentence. It is clear from internal evidence that this narrative was composed or refashioned after the Eestoration ; it may be another portion of the Autobiography of Shaftes- bury's old age.^ 1 Clarges is always called Sir Thoma.s Clarges in the narrative : and he was ler. The offices of Lord Chancellor and Lord Treasurer having been given to Eoyalists, the office third in rank in the kingdom, that of Lord Privy Seal, was given to Viscount Saye and Sele, one of the survivors of the Presbyterian leaders of the beginning of the Civil War. Ormond, one of the King's most devoted and distinguished followers, was made Lord Steward ; he was raised from the rank of IMarquis, to be a Duke in the Irish Peerage, and w^as made an Earl in the Peerage of England. The Earl of Manchester, the Lord Kimbolton of 1641, was Lord Chamberlain ; the Duke of York was appointed Lord High Admiral; Montagu, who had l^eeu the friend and servant of Cromwell, and one of his peers, and who had served under every government of the Commonwealth, was created Earl of Sandv/ich and appointed Master of the Wardrobe. Of the two Secretaries of State, one, Nicholas, was an old servant of the King anil of his father ; the other, Morrice, was a Presbyterian, and the particular friend of Monk. The Privy Council, comprising the King's two brothers and all surviving Privy Councillors of Charles the Eirst, consisted at the outset of this reign of thirty members, of whom twelve had been opponents of the Pioyal cause ; 230 LIFE OF SHAFTESBURY. Chap. YIII. viz. Monk, the Earls of Nortlmmberland, Leicester, and Manchester, Viscount Saye and Sele, Lord Roberts (appointed Lord Dej)uty in Ireland, but who shortly after, on the death of Lord Saye and Sele, exchanged that office for the Privy Seal), Montagu, Morrice, Arthur Annesley, Denzil Holies, Charles Howard, and Sir Anthony Ashley Cooper. Hyde continued to be the King's chief adviser. The name of Prime Minister was then known only as that of a French institution, and the name and office were regarded with dislike, founded partly on aversion to a French example, and partly on jealousy of inter- ference with the constitutional functions of the Privy Council. Charles, whose indolence and love of pleasure made him peculiarly dependent on Clarendon's labori- ousness, had the vanity of wishing to be thought to do everything himself, and loved to call himself his own Premier Ministre} There was not then, as now, an united Ministry, dependent for existence on the con- fidence of the Parliament, and governing the King's policy; each Minister held his office at the King's pleasure, and was entirely the King's servant. There was no necessary unity of sentiment or action among the Ministers ; high officers of State, and also sub- ordinate officials, often opposed in Parliament measures promoted by the King, and retained their offices; a Minister would be dismissed singly by the King on account of personal displeasure. 1 M. de Bonrdeaux mentions in a despatch of June 7, 1 '560, in the archives of the French Foreign Office, that Charles trusted a great deal to Hyde, but did not like him to be called Prime Minister. 1660. PEIVY COUNCIL AND CABINET, 231 The Privy Council being too numerous for matters requiring secrecy and despatch, a small Committee of that body was appointed, consisting of those who had most of the Kiug's confidence and favour; and this Committee was his constant council of advice. Such a Committee of the Privy Council had existed before the Civil War.'^ It was called the Committee for Foreign Affairs, and, in common conversation, the King's Cabinet or Cabal. This Committee for Foreign Affairs is the origin of the present Cabinet. It was in the nature of things that it should become more important than the Privy Council itself. Its encroach- ments on the functions of the Privy Council gave rise to frequent complaints during the reign of Charles the Second. Twice during his reign, after the faU of Clarendon in 1667, and after the fall of Danby in 1679, Charles was so far moved by the popular outcry against Prime Minister and Cabinet as to promise publicly that he would be governed entirely by tlie advice of liis Privy Council, and have no secrets from that body. But on both occasions the promise was almost imme- diately broken. In truth, a chief minister and a small councd of advice were necessities for the Sovereign. Thus it happened that, in the interval between the Kestoration and the Eevolution of 1688, the Cabinet, ^ Clarendon minutely describes such a Committee of the Privy Council in 1640. "These persons," he says, "made up the Committee of State (which was reproachfully after called the j undo, and enviously then in the Court the Cabinet Council), who were upon all occasions, when the Secretaries received any extraordinary intelligence, or were to make up any extraordinary despatch, or as often otherwise as was thought ht, to meet: whereas the body of the Council observed set days and hours for their meeting, and came not else together except specially summoned." (Hist, of Rebellion, ii. 'Ji).} 232 LIFE OF SIIAFTESBUEY. Chap. Till. notwithstanding all the opposition and obloquy which it created, came to assume a regular form and recog- nised position in the State, and both Cabinet and Prime Minister have long been practically important parts of our Constitution. Hyde, then, without the name of Prime Minister, and holding a position materially different in many respects from that of the Prime Minister of to-day, became the chief director of public affairs ; and he con- tinued ostensibly to hold this position until his hard fall in 1667. His first colleagues in the Committee for Foreign Affairs, were Southampton, Monk, Ormond, Lord Colepepper, and the new Secretaries of State, Nicholas and Morrice. Hyde, Ormond, Colepepper, and Nicholas, had formed the King's council of advice in exile. Colepepper, who was also appointed Master of the Ptolls, died within a few months after the Eestoration. The Duke of York was called a little later to the meetings of the Cabinet, and afterwards Sheldon, the Bishop of London.^ Thus, in the first Cabinet of the Eestoration, the Eoyalist party predomi- nated; Monk (who was not a politician, and did not shine in council) and Morrice being the only two there of the King's new friends. The King called which of his Privy Councillors he chose to this Committee, and, when he chose, ceased to call them ; some were some- times called in for tlie discussion of a particular measure, sometimes to aid the King in opposing his usual Cabinet. The active supremacy of the King must never be forgotten in judging the statesmen of ^ Pepys's Diary, ii. 30, 155. 1660. CLAEENDON's MINISTRY. 233 this period. Charles the Second continually had secrets from his Cabinet and Prime Minister, which he en- trusted to favourites who were not even Privy Coun- cillors. Most of the labour of administration fell on the chief Minister, and public odium fell on him for miscarriages ; but a policy for wdiich he was blamed had sometimes been determined on by Charles without his knowledge or against his remonstrances, in concert with other Ministers, or even with household parasites and mistresses. This soon became apparent under Clarendon's ostensible chief ministry. The Earl of Bristol, wdio had been one of Charles's Secretaries of State wliile he was in exile, but who, having em- braced the Eoman Catholic religion, was excluded from office and from the Privy Council on the Eestoration, and the Duke of Buckingliam, a friend of Charles's youth, who in May 1G62 was appointed a Privy Coun- cillor but had no office, came to possess the King's ear and know all his secrets, and used their influence against Clarendon. Sir Charles Berkeley, a servant of the Duke of York, afterwards created Earl of Falmouth, gained a great ascendency with the King by agree- able personal qualities and by forwarding his pleasures. Bennet, afterwards Earl of Arlington, who succeeded Nicholas as Secretary of State in 1662, joined with Berkeley against Clarendon, who had Jioped to play Bennet against Berkeley ; and all who wished to thwart Clarendon with the King found an eager patron in the favourite mistress, Lady Castlemaine, who nightly held a rival Cabinet in the palace. The Convention Parliament, which had recalled 234 LIFE OF SHAFTESBUKY. Chap. VIII. Charles, was not dissolved until the twenty-second of December, 1G60. The resolution passed by the Lords, when they first met, for excluding all peers created since the commencement of the Civil "War, was, after the King's return, rescinded in prompt obedience to a royal message, and the new peers were admitted to sit. Two days after the King's entry into London, he cave his assent to a Bill declaring the two Houses then sitting to be a legal parliament. It is obvious that a parliament which had not been legally convened, if the stamp of law were required, could not thus invest itself with legality ; but the expedient was useful for the moment ; and all the acts of this Convention were afterwards submitted for confirmation to the par- liament which assembled in the following year under the forms of the Constitution. The oaths of allegiance and supremacy were administered to the members of both Houses. Sir Anthony Ashley Cooper, now a member of the Privy Council, was one of the repre- sentatives of the new Government in the House of Commons. The others were Morrice, Arthur Annesley, Holies, Charles Howard, and Sir Heneage Finch, the Solicitor-General. Cooper at present held no office besides that of Privy Councillor ; he was not appointed Chancellor of the Exchequer and Under Treasurer till nearly a year after the Eestoration, nor till after he had been made a Peer, which was not till the Coronation. A few slight notices of Cooper's speeches in the Convention Parliament are furnished by some extracts printed in Cobbett's "Parliamentary History" from a 1660. PAEDON AND INDEMNITY BILL. 235 manuscript Diary of one of the members.^ It would seem, from the extracts there publislied, that j\Iorrice and Knch took the leading part in the debates in behalf of the Government. The question of pardon and indemnity was the first which called for settlement. The Commons had begun upon a Bill with this object before the King's arrival, and he seized the earliest occasion to urge them to expedite its progress. It was yet some time, however, before the Bill passed the two Houses ; so many ques- tions arose about exceptions. Charles, in his Declaration sent from Breda, in which he offered a general pardon, had guarded himself by speaking of such exceptions as might be made by Parliament ; and in his letter to the House of Commons which accompanied that Declaration, he had clearly indicated his expectation that Parliament would exact an atonement for his father's death. It is clear, both from previous declarations and from addresses which he afterwards made to the House of Lords, that the wish of Charles was, that all who had joined in the sentence on his father or who had signed his death- warrant, should suffer the extreme penalties of liigh treason. The Commons by no means carried out this intention. They began by resolving tliat of the sur- viving judges of Charles the First wlio sat when sentence was passed upon him, seven only should be 1 It is stated that the Diary was comramiicated to the editors of the "Parliamentary or Constitutional History of England" by the VvC'V. Dr. Charles Lyttclton, Dean of Exeter (vol. iv. p. 73). It would be of interest to know where this manuscript Diary now is. The Dean was afterwards Bishop of Carlisle. 236 LIFE OF SHAFTESBURY. Chap. VIII. excepted for life aud estate.^ The remainder of such surviving judges of the King were to be visited M-ith penalties not extending to life, to be determined by a future Act. The seven to be excepted for life and estate were selected: General Harrison, Say, Colonel John Jones, Scot, Holland, Lisle, and Barkstead. A proclamation was then published by the King, at the retxuest of the two Houses, calling upon all the late King's judges, who sat when sentence was passed, to surrender on pain of being excepted for life and estate. Nineteen surrendered in consequence of tliis procla- mation. There were eleven who failed to surrender; and the Commons, before the Bill left them for the House of Lords, added these eleven to the seven pre- viously selected to be excepted for life and estate. Had they surrendered, their lives would have been secure, so far as depended on the intentions of the House of Commons. Having thus dealt with the living judges who had sat when sentence was passed, the Commons proposed, with regard to their associates now dead, that Bradshaw, the President of the Court, I Commons' .Journals, IMay 14, 1660. Tliis resolution has been misdescribetl by Ur. Hallam and other writers, who have made au unjust charge of inconsistency and breach of faith against tlie Commons. Mr. Hallam erroneously says that " the Commons voted that not more than seven 2^ersons should lose the bcneht of the indemnity, ])oth as to life and estate," and then proceeds to represent all their suliseipient exceptions, whether i'ov life anart. " Sir A. A. Coo})er spoke against the Court of Wards and for the excise." ^ He had suffered grievously in youth from the Court of Wards. As regards the Church, a measure was passed without difficulty for restoring to their livings such of the ejected Episcopal clergymen as were still alive, and for confirming Presbyterian incumbents in all cases where the ejected clergyman was dead, or where tlie actual incumbent had been presented on a legal vacancy. But though this measure was now passed without difficulty, the next rarliamcnt refused to confirm it ; and the Act of Uniformity made general havoc with the Presbyterian clergymen whose titles were thus legalized. The I'resbyterian party had high hopes, immediately after the Eestoration, of such a settlement of the Church establishment as would be agreeable to their own views of discipline and economy ; and a bill for this purpose was early introduced under the title of " An Act for the maintenance of the true Ptcformed Protestant Church and for the suppression of Poj^ery, superstition, profaneness, and other disorders and inno- 1 Extract froui MS. Diary in Tarl. Hist. iv. 148, November 21. IfiGO. DEBATES ON RELIGION. 251 vations iu worship and ceremonies." On the sixth of July this bill was read a second time, and referred to a Committee of the whole House, which was ordered to meet for matters of religion every Monday. The difficulty of reconciling the views of the royalist Episco- palians with those of the Presbyterian party, by which this bill had been brought forward, soon became ap]:)a- rent ; and the result of the deliberations in Grand Committee was to adjourn the Committee for three months and recommend an address to the Crown, desiring his Majesty to call a number of divines to advise with him on matters of religion. Brief reports of two discussions on this bill in Committee of the whole House are given in the Parliamentary History from the Diary already mentioned ; and in one of them Sir Anthony Ashley Cooper appears urging the postponement of the question : " Sir A. A. Cooper said, our religion was too much mixed with interest, neither was it ripe enough now to handle that subject, and moved that this debate be now laid aside, and the whole Committee adjourned for three months." After a long debate, which lasted till the very unusual hour of ten at night, the Committee having " sat an hour iu the dark before candles were suffered to be brought iu, and then they were twice blown out, but the third time they were preserved, though with great disorder," the vote which has l^een mentioned, anil for which Cooper spoke, was come to.^ The King now called a meeting of P^piscopal and Presbyterian divines ; and ' rarl. Hist. iv. 79, 82, July 9 nml It). There is clearly some mistake in the I'arliameutary Hi.story iu giving the same vote as carried at the eud of both these debates. 252 LIFE OF SHAFTESBURY. Chap. VIII. a Declaration, drawn by Hyde, was submitted to tliem and issued during the recess, well adapted for con- ciliation of tlie Presbyterians. But the Declaration was necessarily provisional and subject to the future deci- sion of Parliament ; and it further avowed the King's intention of submitting the Liturgy of the old Church to revision liy a synod equally composed of Episco- palian and Presbyterian divines, and of asking the advice of Convocation on all matters of ceremony and discipline with a view to future legislation. It also repeated the promise contained in the Declaration from Breda of " liberty to tender consciences, and that no man should be disquieted or called in question for differences of opinion in matters of religion, which do not disturb the peace of the kingdom;" with the addi- tion, also contained in the Declaration from Breda, which implied the necessity of legislative sanction, that " we shall be ready to consent to such an Act of Parlia- ment as upon matiKe deliberation shall he offered to us for the full granting of that indulgence." The Declaration gave high satisfaction to the Presbyterians : Dr. Pteynolds, a leading Presbyterian divine, imme- diately after accepted the bishopric of iSTorwich ; Eichard Baxter refused indeed a bishopric, but seri- ously considered the proposal. When the Parliament re-assembled in November, the House of Commons immediately thanked the King l)y acclamation ; but an attempt made by Presbyterian members to pass an Act confirming the Declaration was not successful. This bill was opposed by tlie Government, and also by some Presbyterian members, among others Serjeant 1660. DISSOLUTION OF CONVENTION PARLIAMENT. 253 Maynard ; and it was rejected on the second reading by a majority of twenty-six. It is difficult to elicit from the scanty and somewhat confused information which exists what were the exact reasons for rejec- tion of this bill ; but some members appear to have stated that it went further than the] Declaration, and others urged waiting for a synod, as had been intended in the Declaration.^ The King's government probably opposed the bill with the intention of consulting Con- vocation, and wdth the desire, through the constitutional mediation of that body and of a legal Parliament, to give legal effect hereafter to the various conciliatory concessions of the Declaration. The King himself seems really to have desired an extension of the basis of Church communion so as to comprehend the Pres- byterians and a general toleration of other sects, including Eoman Catholics. This Convention Parliament was dissolved on the twenty-seventh of December. It was " beginning," says Pepys, " to grow factious." - There had been, a fortnight before, a debate on grievances raised by Sir Walter Erie on a money-bill, according to old custom. " Sir Walter Erie moved to do somewhat for the good of the people, in lieu of those great payments, and complained of some disorders in the army. He said that soldiers had come into some houses he knew of, and, calling the people ' Eoundheads,' had done much mischief" Sir John Northcote seconded the motion. Colonel King, Mr. Stevens, and Mr. Bamp- 1 Pari. Hist. iv. 141, 152, November 6 and 28. ^ Peijys's Diary, i. 169. 254 LIFE OF SHAFTESBURY. Chap. VIII. field complained of the power of Lord Lieutenants. Sir George Booth complained of great abuses abroad. Here was an array of old Presbyterian members grumbling already. Sir Heneage Finch, Colonel Charles Howard, and other ministerial members, urcred that the remedy would be the settlement of the militia ; a bill proposed for this purpose had been rejected. Sir Anthony Ashley Cooper appeared also in defence of the King's government. "Those things," he said, "had no approbation from his Majesty, but checks; and he moved for a law to know how to walk by a rule, Ijut to pass over such things as could not be justified." ^ 1 rail. Hist. iv. 160—162, December 13. CHAPTER IX. ]G61— 1C64. Meeting of new Parliament — Coo])er made Lord Asliley at the Corona- tion — Appointed Chancellor of the Exchen^icr and Under Treasurer — Violent policy of the new Parliament — The Corporation, Cniforniity, and Militia Acts — Lord Ashley's opposition to these measures — The King and Clarendon endeavour to check the violence of the High Church party — Bill for confirming Presbyterian ministers in vacant livings —Dispensing clause proposed in the Uniformity Bill by Clarendon on the King's recommendation — Eefused by the Lords — Charles promises a three months' suspension of the Act of LTniformity, but cannot fulfil his promise — King'.s marriage — Sale of Dunkirk — King's Declaration of Indulgence, December 26, 1662, advised by Bennet, Bristol, and Lord Ashley — Dispensing Bill presented to House of Lords by Lord Pioberts by the King's desire — Lord Ashley warmly supports the Bill — [ Clarendon opposes it — Despatches of the French Ambassador, M. de Comminges — Clarendon's inaccuracies — The Dispensing Bill dropped — Proclamation for banishing Jesuits and Koman Catholic priests — Conventicle Act— Lord Ashley gi'ows in favour with the King — His ability and influence — Bristol's attack on Clarendon — Lord Ashley and others work acjainst Clarendon with encourage- ment, from the King — Testimonies to Lord Ashley's assiduity and ability. The Convention Parliament having been dissolved, a new Parliament was immediately called. This met for the first time on the eighth of May, 1661, and con- tmued in existence for eighteen years. \Mien the new Parliament assembled, Sir Anthony Ashley Cooper was no longer a commoner. He had, within the preceding month, on tlie occasion of the Coronation, Ijeen raised to the Upper House with the title of P>aron Ashley of Wiraborne St. Giles. This 256 LIFE OF SHAFTESBUEY. Chap. VIII. was one of several honours conferred at the same time on Eoyalists and on old adversaries who had obtained the King's pardon and favour. Of the former class, Hyde, who had previously been created Baron Hyde, was promoted to he Earl of Clarendon; Lord Capel, for his father's services and death, was raised to he Earl of Essex ; Sir John Grenville was created Viscount Lansdowne and Earl of Bath ; Lord Brudenell was made Earl of Cardigan, and Sir Frederick Cornwallis Baron Cornwallis. The old adversaries who had con- tributed to effect the Eestoration now rewarded were, Charles Howard, who became Earl of Carlisle ; Arthur Annesley, who liad lately inherited the Irish peerage of Viscount A^alentia, Earl of Anglesea ; Crewe, Baron Crewe ; Holies, Baron Holies ; Sir Horatio Townshend, Baron Townshend ; Sir George Booth, Baron Delamere ; and Sir Anthony Ashley Cooper, Baron Ashley .^ A few days after the meeting of Parliament, on the thirteenth of May, Lord Ashley was appointed Chan- cellor of the Exchequer and Lender Treasurer. The place of Chancellor of the Exchequer had l)een held up to tliis time l)y Clarendon, and the duties of Under Treasurer had lieen discharged by the L(_)rd Treasurer, 1 Lord Campbell says that Shaftesbury always took to himself tlie whole merit of the Restoration, representing Monk as his tool, and "in the preamble to his patent of peerage he introduced a statement that this ' happy event was chiefly brought about by the efforts of our right trusty and well-l)eloved Sir Anthony Ashley Coojier.' " There is no such passage in the patent. The following is a correct translation of an extract I'rom the patent : "After very many endeavours of bringing a remedy to these evils, undertaken with as much prudence as possible, at length by his counsels, in concert with our beloved and faithful George Monk, knight, &c., &c. he did a service worthy to be remembered, and most grateful to us, in the great business of restoring us to our kingdom, and delivering his country from the bitter servitude under which it so long groaned. " 1661. NEW HOUSE OF COMMONS. 2-57 the Earl of Southampton, in pursuance of letters patent, specially authorizing him to discharge them. Lord Ashley probably owed this appointment in some measure to his connexion by marriage with the Earl of South- ampton : his wife was Lord Southampton's niece.^ Lord Asliley lield the office of Chancellor of the Exchequer until he was made Lord Chancellor in November 1672. He ceased to be Under Treasurer when, after Lord Southampton's death, the Treasury was put into com- mission in 1067, he himself, as Cliaucellor of the Exchequer, being one of the Commissioners. Tlie new House of Commons, elected while the nation's fit of exuberant revived loyalty was not yet over, presented a large majority of enthusiastic Eoyalists and High Churchmen. They began liy voting that the League and Covenant, and the Acts for erecting a High Court of Justice for the trial of Charles Stuart, for sub- scribing the Engagement, for establishing a Common- wealth, and for renouncing the title of the present King, and for security of the Protector's person, should l)e burnt by the common hangman in Westminster Hall. They required every member to take the Sacrament kneeling. They restored the bishops to the House of Lords. Tliey passed an Act for the punishment of any one who should call the King a heretic or papist, or should assert either that the Long Parliament was not dissolved or that Parliament possessed legislative 1 Lady Ashley, the third wife, married in 1656 (see p. 121), was daughter of Lord Si)f!noer of Worinleiohtoii, by Penelope, sister of the Earl of Southampton. Mr. Hallam has made a mistake in speaking of Sir Philip Warwick as Chancellor of the Exchequer; he held the subordinate ollice of Secretary of the Lord Treasurer. (Const. Hist. ii. 423, note.) VOL. I, S 258 LIFE OF SHAFTESBURY. Chap. IX, authority independently of the King. Tliey also passed an Act declaring the sole right of governing the militia to be in the King. Old royalists were in ecstacies. A few days after the meeting of the Parliament, Daniel O'Neil, an old servant of the King, wrote to Archbishop Bramhall. " The Parliament will settle the militia upon the King and his heirs, a step never yet made towards the perpetual peace of these nations. In a word, there is nothing relative to the good of the kingdom and his Majesty's satisfaction but this Parliament is prepared to do." ^ But moderate men, who desired conciliation and tranquillity, shook their heads. Roger Pepys, member for Cambridge town, told his relative the diarist that things were basely carried on in Parliament hj the young men, that did labour to oppose all things that were moved by serious men. " They are the most pro- fane swearing fellows that ever he heard in his life, which makes him think they will spoil all, and bring things into a war again if they can." - Three measures of the utmost practical importance, and containing much mischief, were passed in the first session of this Parliament, which lasted, with an inter- vening adjournment from July till November, until May 1662. These measures were : 1. The Act for the government of Corporations, which appointed commissioners empowered to remove all officers in corporations at their discretion, and re- quired all who were retained, or who were hereafter appointed, to renounce the League and Covenant as 1 Eawdon Papers, p. 150, May 23, 1661. - Tepys's Diary, i. 212, July 31, 1661. 1662. ACT OF UNIFORMITY. 259 an unlawful oath, take the oaths of allegiance and supremacy, and declare on oath their belief of the unlawfulness of taking up arms against the King on any pretence whatever, and their al)horrence of the traitorous doctrine that arms may be taken up by his authority, against his person or against those com- missioned by him ; and wdiich also provided Vv^ith regard to future officers, that no man should be eligible who had not within the year before his election taken the Sacrament according to the rites of the Church of England. By this Act, all Dissenters from the Church were excluded from municipal offices: 2. The Act of Uniformity, which enacted tliat the Book of Common Prayer and of Ordination of Ministers, as revised by the Convocation in a spirit anything but favourable to Nonconformists, should be used in all places of public worship, and that all beneficed clergy- men should, on some Sunday before the feast of St. Bartholomew, August 24, in 1662, read the service from it, and at the close of the service declare their " unfeigned assent and consent to everything contained and prescribed in it," on pain of deprivation ; that no person should administer the Sacrament or hold eccle- siastical preferment who had not received episcopal ordination ; and that all incumbents, dignitaries, officers in universities, public schoolmasters, and even private tutors, should subscribe a renunciation of the Covenant and a declaration of the unlawfulness of taking up arms against the Sovereign, the same tests as had been inserted in the Corporation Act. Here, then, was a sad substitute for that Act for confirming the Iving's s2 260 LIFE OF SHAFTESBURY. Chap. IX. gracious Declaration of October 1660, which had nearly been passed by the Convention Parliament; rigorous exclusion took the place of conciliation and com- prehension : 3. The Act for ordering of the military forces, which enjoined on all lord lieutenants, deputy lieutenants, and all officers and soldiers, the same tests as were contained in the Corporation and Uniformity Acts, excepting the renunciation of the Covenant. There was a more vigorous opposition to these Acts in the House of Lords than in the House of Commons. In the Upper House much opposition was offered, though unsuccessfully, by a small band of noblemen of the old Presbyterian party, including Lord Ashley, and reinforced by the Earl of Southampton. Lord Ashley is stated by Mr. Martyn, probably on the authority of that portion of Stringer's manuscript which cannot now be found, to have argued strongly and wisely against the Corporation Bill : — " Lord Ashley set forth the ill consequences of the bill in various instances ; viz. the injustice it might do to the wealthiest, the most able, and the most conscientious members of their respective corpora- tions ; the fixing these in the hands of perhaps the most profligate persons in them, at least the dividing of the people into parties; and he showed that, as it would be a restraint upon those who had a regard to their oaths and their country, it was tlie most effectual method which could be contrived for lodging the executive power of the Government in the hands of such persons as could make no difficulty of sub- 1662. OPPOSES BILLS AGAINST DISSENTERS. 261 jecting the wliole nation to an absolute tyranny of both Church and State." ^ Of the Uniformity Bill lh\ Martyn states that " the Earl of Southampton and Lord Ashley were remarkably strenuous against several clauses, and the former, being told that it was believed he had spoken three hundred times against the bill, answered that he was so firmly persuaded of the fatal consequences of it, that he would have spoken three hundred times more to have pre- vailed." And again, it is stated by the same writer that the Earl of Southampton and Lord Ashley, with others, warmly opposed the Militia Act.- These state- ments of Mr. Martyn as to Lord Ashley's opposition to the measures of 1662 are generally confirmed by the well-known and valuable pamphlet bearing the title of a " Letter from a Person of Quality to a Eriend in the Country," published in 1676, which is printed in Locke's Works, but which is without doubt erroneously ascribed to Locke.^ They are further confirmed by 1 Martyn's Life, i. 255. - ILid. pp. 260, 262. ^ I make this assertion ]jositivel}% on the authority of auiuipublislied letter of Locke in tlie possession of Mr. PI A. Sauford of Nyneheud Court, Somersetshire, from which Mr. San ford has kindly given me permission to print an extract. Locke's letter is addressed to the Earl of Pembroke, and was written December 3, 1684, soon after he was deprived of his studentship in Christehurch, Oxford. " I have often wondered, in the way that I lived and the make I knew mj'self of, how it could come to pass tliat I was made the author of so many pamphlets, unless it was because I of all my Lord's [Shaftesbury's] family happened to have been most bred amongst books. This opinion of me I thought time and the contradictions it carried with it would have cured, and that the most suspicious would at last have been weary of imputing to me writings whose matter and style have, I believe (for pamphlets have been laid to me which I have never seen), been so very different tlmt it was hard to think they should have the same autlior, though a nmch abler man than me. . . . And it is a very odd fate that I did get the reputation of no small writer without having done anything for it. For I think two or three copies of verses 262 LIFE OF SHAFTESBURY. Chap. IX. the whole tenour of Shaftesbury's subsequent political life. The violent legislation of the High Church and Royalist party was displeasing to Charles, who felt that his promises from Breda were substantially, if not literally, broken ; and it was displeasing also, though perhaps in a less degree, to his honest but prejudiced adviser, Clarendon. The opposition made, before the Act of Uniformity was passed, to the confirma- tion of the Act of the Convention Parliament for confirming Presbyterian ministers in vacant livings was strongly resented by both King and Chancellor, and no historian has done justice to this conduct. The following is from, a letter written by Doctor, after- wards Sir Peter, Pett to Archbishop Bramhall, on the eighth of February, 16G2: — " There have been great animosities lately, and heats in the House of Lords, about the bill for the confirma- tion of ministers that passed in the last Parliament in England, save only as to those livings where Lords had the jus yatronatus, which the Commons in this l^arliament would have had the Lords join with them in exploding. At first all the bishops in the House of Lords were against it, and most of the Protestant lords temporal. But my Lord Chancellor was resolved to oblige the Presbyterians by keeping the Act from being repealed, and at last got seven of the bishops to join with him, five of which I have not forgot the names of, and they were the Bishops of London, Nor- of mine iiublishecl with my name to tli(^m have not gained me tliat reputation. Bating these, I do solemnly protest in the presence of God that I am not the author, not only of any libel, but not of any pamphlet or treatise whatever in part good, bad, or indifferent. " 1662. king's dispensing CLAUSE. 263 wicli, Exeter, Lincoln, Worcester.^ The Duke of York was likewise brought over by his father-in-law, and the Earl of Bristol was vehement in the thing, and all the Popish lords. The Presbyterian ministers sent Calamy, Baxter, and Bates, that day to the Chancellor to give him thanks. Some of the Commons, going to the King the day before to desire him to express himself positively against the confirmation of the ministers, he said he had promised them at Breda the continuance in their livings ; whereupon they said that the Com- mons might possibly, many of them, be tempted not to pass the bill intended for enlarging of his revenue, if his Majesty would favour the confirmation of the Pres- byterian ministers ; to whom the King answered that, if he had not wherewith to subsist two days, he would trust God Almighty's providence rather than break his word."^ These facts, which rest on unexceptionable authority, place the conduct of the King and of Clarendon in a new light, and are much to their credit. But they did not succeed in procuring confirmation of the Act. Again, no historian has noticed the fact that a very earnest effort was made by the King and Clarendon, while the Bill of Uniformity was in the Lords, to introduce a clause enabling the King to dispense with its provisions. Such a clause was presented by Clarendon to the House of Lords on March 17, as. " recommended from the King."^ Notice was taJven the- next day of tliis recommendation, probably by Bristol.. as an infringement of the privilege of Parlia'ment, but. 1 These five l)isli()[).s were Sheldon, Reyoolds, War'l, Saudersoa» and Morley. - liawdon Paijcrs, p. 137. 264 LIFE OF SHAFTESBUEY. Chap. IX. a motion made for a resolution saving tlie privilege of the House was negatived. The bill was recommitted on the nineteenth, with a reference to the Committee of " the proviso sent from the King." But the Com- mittee did not adopt the clause. Archbishop Bram- hall's correspondent, Sir Peter Pett, and Pepys both mention Clarendon's eagerness in advocating this clause, which was violently opposed by Bristol.^ The Duke of York warmly supported Clarendon. " The Presby- terians and other ISTonconformists," says Pett, "would, as I am credibly informed by a knowing person, have offered to the King as great a revenue for their tolera- tion as he will have from chimneys, if the aforesaid proviso would have passed among the Lords and Commons and had the royal assent." It is strange that Clarendon in his " Life " makes no mention of this memorable incident. The Act of Uniformity received the royal assent on the nineteenth of May, 1662. Three months only remained for the Presbyterian clergy to make their choice between conformity and loss of tlieir prefer- ments. An attempt was made in the interval to work on the King to obtain by proclamation, or by order of the Privy Council, or in some other way, some relief from the provisions of the Act, or at least an extension of time. Charles promised a three months' suspension of the Act ; but he was unable to fulfil his promise. The bishops denied his power to suspend, and declared 1 Rawilon Papers, pp. 141, 143; Pepys's Diaiy, i. 336, March 21, 1662. This clause, the terms of which have not before been published, is printed from the Piolls of the House of Lords iu the Appendix VI. It is not given iu the Lords' Journals. 1662. king's declakation. 265 that they must and would execute the Act. Monk and Manchester, on this occasion, warmly urged the sus- pension prayed by the Presbyterian ministers, but they were overruled by Clarendon and the King's other Eoyalist advisers, and especially by the zeal of Bishop Sheldon.^ When St. Bartholomew's Day came, two thousand Presbyterian clergymen obeyed conscience and quitted the Church. After the close of the session of 16G2 came two events of importance, with neither of which, liowever, was Lord Ashley specially connected, — the King's marriage with the Princess Catharine of Portugal, by which Bombay and Tangier became British possessions ; and the sale of Dunkirk to France, from want of money, for four hundred thousand pounds. In October, Sir Henry Bennet, better known by the title which he afterwards acquired of Earl of Arlington, replaced Nicholas as Secretary of State, and Bennet's influence soon became prejudicial to the supremacy of Clarendon, Under the influence of Bennet, Bristol, and Ashley, the King issued, on the twenty-sixth of December, 1662, while Parliament was not sitting, an important declara- tion as to the Act of Uniformity, He declared his desire to exempt from its penalties " those who, living peaceably, do not conform themselves thereunto through scruple and tenderness of misguided conscience, but modestly and without scandal perform their devotions in their own way," and, " without invading the freedom of Parliament, to incline their wisdom next approach- 1 Burnet's Own Time, i. 331 ; Tepys's Diaiy, ii. 30, Sept. 3, 1662 ; Clareuduu's Continuation of Life, i. 159. 266 LIFE OF SHAFTESBUKY. Chap. IX. ing session to concur with liim in making some such o Act for that purpose as may enable him to exercise with a more universal satisfaction that power of dis- pensing which he conceived to he inherent in him." This was intended for the benefit of Eoman Catholics as well as Protestant Nonconformists, and so was pro- moted by Bristol, who had opposed the dispensing clause proposed to be inserted in the bill. Bennet wrote to the Duke of Ormond that this Declaration, before it was published, was read twice over to Claren- don, who not only approved, but applauded it. Claren- don, however, also wrote to Ormond to deny this statement.^ It was not his act, he said, and he would have nothing to do with it. On the meeting of Parliament in February 1663, a bill was immediately presented to the House of Lords, not by Clarendon, but by Lord Ptoberts, the Lord Privy Seal, bearing the title, " An Act concerning His Majesty's Power in Ecclesiastical Affairs," which was to enable the King by letters patent imder the Great Seal, or in such other way as he might think fit, to dispense with the Act of Uniformity, and " with any other laws or statutes concerning the same or requiring oaths or subscriptions, or which do enjoin conformity to the order, discipline, and worship established in the Church of England, and the penalties in the said laws imposed, or any of them."^ The High Church party in the House of Commons were no less eager to denounce ^ See the two letters of Bennet and Clarendon in vol. iii. of Lister's Life of Clarendon, jip. 231—233. ^ The bill is printed for the first time in the Appendix VL from the Rolls of the House of Lords. ]663. LORD KOBERTS'S DISPENSING BILL. 267 the Declaration of December ; and on tlie very day on which Lord Koberts's bill was read a second time in the House of Lords, the Commons voted an address to the King, strongly deprecating tlie passage in his Declaration which proposed indulgence to Noncon- formists. The Lords, having procured a list of all eccle- siastical laws which might be dispensed with under the measure introduced by Lord Roberts, adopted, on the fifth of March, a resolution restricting the opera- tion of the bill to the Act of Uniformity. The bill was ultimately dropped. It was opposed by Southampton and Clarendon, and zealously supported by Lord Ashley. The account given by Clarendon in his " Life," of the proceedings in the House of Lords with reference to this bill, is inaccurate ; and, though there is no doubt that he was against the bill, his opposition in the House of Lords does not appear to have been nearly so strong as he represents it. Tlie correspondence of the French ambassador, the Count de Comminges, contains some reliable particular information. The Count wrote, on March 9, that Clarendon had excused himself from attending the House of Lords on account of illness, that it was thought he would not go again until matters were satisfactorily arranged, and that he had wished to be absent from deference to the King's opinions in favour of the bill, which he could not advocate without injury to his conscience. On March 12, Comminges writes that the Chancellor had been that day to the House of Lords and obtained a month's delay for the bill, which would give time for the arrangement of the matter. " He appeared," says the 268 LIFE OF SHAFTESBURY. Chap. IX. Count, " to take no side in the matter ; lie managed well Lis master's reputation, the designs of the Parlia- ment, and his own conscience, which he believes con- cerned."^ On this day, the twelfth, the Lords went into committee on the bill ; and also on the day follow- ing, when the Grand Committee, or Committee of the whole House, appointed a sub-committee, after which there is no further mention of the bill. This tallies well enough with the statement of Comminges. Clarendon most incorrectly says, in ]iis " Life," that the bill was never committed ; that indeed " it w;as agreed there should be no question put for the commitment, which was the most civil way of rejecting it, and left it to be no more called for." The bill had been ordered to be committed on the twenty-fifth of February ; the Lords went into Committee of the whole House upon it, the Lord Chamberlain (Manchester) being appointed Chairman, on the twenty-seventh, and again on March 5, 6, 12, and 13. On April 9 Comminges wrote that " Clarendon, who had acquired great credit in the House of Commons at the beginning of the session by his opposition to tlie bill, has now almost quite lost it by the ambiguous manner in which he has twice lately spoken : his friends lose heart, and his enemies decry him to the King." Of Lord Ashley's vigorous support of the bill there is no doubt. Mr. Martyn gives a short account of his arguments : — " Lord Ashley took notice of the fatal consequences ^ Archives of French Foreign Office. 16G3. SUPPORTS DISPENSING BILL. 269 of the Act of Uniformity ; that by it great numbers of ministers were reduced to beggary ; that many Pro- testants were running into other countries, to the pre- judice of trade and the dishonour of the kingdom ; that the Eeformers in King Edward the Sixth's reign had acted in a different manner ; for they had, like wise and good men, contrived the doctrine and discipline of the Church so as to enlarge the terms of communion ; that they had set open the doors, and by gentle means persuaded and invited all they could into the Church., thinking that the enlargement of their body would redound to the honour of their religion."^ Clarendon represents Lord Ashley as the keenest and ablest supporter of the bill. " The Lord Privy Seal," he says, " either upon the observation of the countenance of the House or adver- tisement of liis friends, or unwilling to venture his reputation in the enterprise, had given over the game tlie first day, and now spoke not at all ; but the Lord Ashley adhered firmly to his point, spake often and with great sharpness of wit, and had a cadence in his words and pronunciation that drew attention. He said, it was the King's misfortune that a matter of so great concernment to him, and such a prerogative as it may be would be found to be inherent in him without any declaration of Parliament, should be supported only by such weak men as himself, who served his jMajesty at a distance, while the great officers of the Crown thought fit to oppose it ; which he more wondered at because nobody knew more than they the King's unshakeable firmness in his religion, that had resisted and vanquished so many great temptations, and therefore he could not , 1 Martyn's Life, i. 285. 270 LIFE OF SHAFTESBURY. Chap. IX. be thought iiinvorthy of a greater trust with reference to it than he would liave by this bilL"^ The bill, as has been said, was shelved in Committee, and this fresh endeavour of tlie King to procure tolera- tion led to fresh measures of severity. The two Houses voted an Address to the King for a proclamation for the banishment of Jesuits and Eoman Catholic priests, and the King assented to their prayer. A severe measure against Dissenters' meetings for prayers was introduced, and became a law in the following session of 1664. This Act, commonly known as the Conventicle Act, declared all meetings of more than five, besides members of the family, for any religious purpose not according to the Book of Common Prayer, to be seditious and un- lawful conventicles, and punished attendance at such meetings by a fine of five pounds or three montlis' imprisonment for the first offence, a fine of ten pounds or six months' imprisonment for the second, a fine of a hundred pounds or transportation for seven years for the third, and added a hundred pounds to the fine for every offeace after the third. One of Clarendon's many inaccuracies is a statement that the Conventicle Act was one of the reasons why Bennet and Ashley urged the bill for indulgence brought in by Lord Eoberts.^ This Conventicle Act was a subsequent measure, passed a year later. The failure of the bill which Lord Eoberts had in- troduced by the King's desire caused Charles much disappointment, and sensibly estranged him from Cla- 1 Clarendon's Continuation of Life, p. 247. " Ibid. p. 245. 1663. LOKD Ashley's favouk and repute. 271 rendon and the bishops. Lord Ashley rose in favour and influence with the King. Clarendon mentions that Lord Ashley and Lord Eoberts were now called to attend the meetings of the Cabinet. Pepys, whose political gossip is always valuable, records on May 15, 1663 : — " It seems the present favourites now are my Lord Bristol, Duke of Buckingham, Sir H. Bennet, my Lord Ashley, and Sir Charles Berkeley, who among them have cast my Lord Chancellor upon his back, past ever getting up again." And he goes on to speak of Lord Ashley in particular. " Strange to hear how my Lord Ashley, by my Lord Bristol's means (he being brought over to the Catholic party against the bishops, whom he hates to the death, and publicly rails against them, not that he is become a Catholic, but merely opposes the bishops), is got into favour, so much that, being a man of great business and yet of pleasure and drolling too, he, it is thought, will be made Lord Treasurer on the death or removal of the good old man." The " good old man" was Southampton. Clarendon was not yet fallen past rising again, and it will be seen that he and Ashley came to be on cordial terms before Clarendon's fall, more than four years afterwards. The Count de Comminges also notices Lord Ashley's growing reputation, and his present antagonism to Clarendon. He thus wrote, April 9, 1663 : " Lord Ashley, Chancellor of the Exchequer, who was formerly of Cromwell's Council, and wlio in ray opinion is the only man who can be set against Cla- rendon for talent and firmness, does not shrink~from speaking his opinions of Clarendon with freedom, and contradicting him to his face. He has gone so far that 272 LIFE OF SHAFTESBURY. Chap. IX. lie has made the King perceive that Clarendon's alliance with the Duke of York was very prejudicial to him, and as he is very acute and a very good courtier, and is perfectly well in the King's graces, it is suspected with sufficient probability that Lord Bristol and Secretary Bennet and Morrice and all the rest of that clique may well give trouble to the Chancellor, and place him in a disagreeable position." A foolish and violent attempt of Bristol to impeach Clarendon for high treason, made in the House of Lords towards the close of the session of 1663, tended to Bristol's own injury, and to the revival for a time of Clarendon's influence. Bristol's charges were referred by the Lords to the Judges, who advised that his pro- ceeding was irregular, and that the charges did not involve treason. The King sent a message to the Lords, in which he stated that Bristol's charges against the Chancellor contained several statements which he knew of his own knowledge to be untrue, and many scan- dalous reflections on himself and his relations which he regarded as libels against his person and government. The King banished Bristol from his presence. Lord Ashley appears to have taken part in a discussion on the opinion given by the Judges in order to maintain that the Judges' opinion was not a law for the Lords, but only advice and information ; " and this," says Pepys (mentioning that Lord Ashley told him so), " the Lords did concur in." ^ This may have led to his being thought to favour Bristol's proceeding against the Chancellor, of which there is no direct or better evidence. ^ Pepys 's Diary, iv. 200. 1664. OPPOSED TO CLAEENDON. 273 As the next meeting of Parliament drew near, it was rumoured that Bristol intended to revive his cliarcres, and Pepys was told that Lord Ashley and Lord Lauder- dale, the Secretary of State for Scotland, " open high against the Chancellor."^ But the matter was not aoain brought forward. M. de Euvign}^, who had succeeded tlie Count de Comminges as Frencli Ambassador, wrote on February 4, 1664, that the great enemies of Clarendon were Bristol, Lauderdale, and Ashley ; and he adds that Cla- rendon's old friend Ormond is joined to them, though Clarendon cannot believe it. In a later letter from Euvigny it is mentioned that Clarendon had persuaded Ormond to come over to London from Ireland, that he might converse with him and receive his confidence as against " the cabal of Lord Lauderdale, which has swindled him {cscroque) out of knowledge of all the affairs of the kingdom." Euvigny proceeds to say that Lauder- dale is " united with Ashley, Lord Eoberts, and some others, who spare no pains to ruin Clarendon in the free convivial entertainments which are of daily occurrence. They do not scruple to speak of him with freedom in the presence of the King, who has had his own witticism {mot) like the rest in the excitement of conviviality, thus giving free scope to all his guests, each of whom has spoken part of what was on his mind."^ Pepys's description of Lord Ashley as " a man of great business, and yet of pleasure and drolling too," has been quoted ; and some other notices of him occur ^ Pepys's Diary, ii. 279, Feb. 1, 16C4. 2 Arcliives of French Foreign Office. VOL. I. *- 274? LIFE OF SHAFTESBURY. Chap. IX. in Pepys's Diary. Pepys went to him on business on the twenty-seventh of May, 1663, and wrote down : " I find my Lord, as lie is reported, a very ready, quiet, and diligent person." The Eussian Minister Eesident took as high a measure of him as the French Ambassador, Comminges. Pepys writes, June 6, 1663 : " Sir John Hebden, the Eussia Eesident, did tell me how he is vexed to see things at Court ordered as they are by nobody that attends to business, but every man himself or his own pleasures. He cries up my Lord Ashley to be almost the only man that he sees to look after business, and with the ease and mastery that he wonders at him."i Lord Ashley had now thrown himself, heart and soul, with all the ardour of his nature, into administrative duties. His latest biographer, Lord Campbell, unable now to taunt him with turbulence, ridicules him for diligence and regularity in public business. " After the Eestora- tion," says Lord Campbell, "his conduct for the next seven years seems wholly inexplicable, for he remained quite regular, and seemingly contented. He had a little excitement by sitting as a Judge on the trial of the regi- cides, and joining in the sentence on some of his old associates. These trials being over, he seemed to sink down into a Treasury drudge." The duties of a Chancellor of the Exchequer two hundred years ago may not have been so numerous and arduous as now ; but the office was a high office of state, and the station of Privy Councillor was one of greater responsibility and dignity than it is in the present day. To speak ^ Pepys's Diary, ii. 169. "1(564. DILIGENCE IN OFFICE. 275 contumeliously of Shaftesbury as a mere Treasury drudge, because, with brilliant talents, he was a laborious Chancellor of the Exchequer, is unworthy of a serious biographer.^ ^ Two letters of this period written to Lord Ashley, preserved among Lord Shaftesbury's papers, may be jiriuted here. The first is from the Princess Elizabetli of Bohemia, soliciting his good offices for a pension : her mother, the ex-Queen of Bohemia, aunt of Charles II., had died in London in February 1662. The Princess had entered the Protestant nunnery of Herfort or Herworden in Prussia, and she became ultimately its Abbess. ''Herfort, Sept. 13, 1662. "My Lord, — The kindness you have expressed to the Queen my mother, and my brothers, since their being in England, makes me hoj)e you will continue the like to me, iu reference of the pension which his Majesty has been pleased to confirm upon me, there l)eiug none of her Majesty's children at the present more in need of this benefit than myself, nor anybody in the world that shall be more sensible of your goodness and more desirous to aj)pear, " My Lord, "Your affectionate friend to serve you, "Elisabeth. " For the Lord Ashley Cooper, Chancellor of the Exchequer to His Majesty at London." The other letter is from the Secretary, Sir Henry Bennet, soon to be made Lord Arlington, praying Lord Ashley's aid for confirmation of a possession, the King having, it appears, been bribed with a share iu the property ; and Shaftesbury has docketed this letter, " Papers for my justification." Shaftesbury declared always that he had uever jobbed for grants for himself; and this declaration has never been discredited. "My Loud, — I have sought your Lordship this day to beseech you to move in the House of Lords the obtaining an order for the quiet possession of Wildmore Fen to the proprietors, wherein his Majesty hath accepted of a share, and upon the same account to procure my Lord Treasurer to be favourable to it ; and this to be dime to-morrow, if Mr. Attorney be present, otherwise that your Lordship would defer it till another day. " I am, my Lord, " Your Lordsliip's most humble servant, " Henry Bennet. "J/ayll, 1663." CHAPTER X. 1664—1667. liOrd Ashley's position at the beginning of 1664 — Attention to revenue and trade — Dutcli war — Opposed by Clarendon, Southampton, and Ormond and supported probably by Ashley — Appointed Treasurer of Prizes — Clarendon's hostility to the appointment — Affectionate letter to his wife, February 26, 1665 — Grant of Cai'olina to Lord Ashley and seven others — The Plague— The King visits Lord Ashley at Wimborne St. Giles's — Session of Parliament at O.xford, Oct- ober 1665 — Appropriation Clause in Supply Bill uusuccessfully opposed by Clai'endon and A.shley — The Five Mile Act — Opposed strongly by Soutlianipton and Ashley but prosecuted by Clarendon — Bill for general imposition of oath against endeavouring change in Church or State opposed by Ashley — I^etter to his wife from O.xford, November 23. 1665 — Beginning of acquaintance with Locke — Friendship of Locke and ShafiesbuT-y — Session of 1666-67 — Com]>laints of exiieuditure and misappropriation — Act against importation of Irish cattle — Supported by Ashley — Earl of Ossory's insult and apology — Discussion with Viscount Conway — Rumoured possible Lord Lieutenant of Ireland — Secret treaty between Louis XIV. ar.d Charles 11. — Dutch fleet enters the Thames and burns three men-of-war at Chatham — Peace of Breda — Deatli of Earl of Soutli- amptou — Office of Lord High Treasurer put in commission and Lord Ashley one of the Commissioners — Clarendon's account of the appointment of the Commission — Proceedings of the Commis- sioners — Sir William Temple and Lady Fanshawe blame Shaftesbury for their economies — Clarendon removed from the Chancellorship — Lord Ashley unjustly accused of conspiring against Clarendon — Oppo.ses the impeacliment of Clarendon without specific treason assigned and falls into disgrace with the King for supporting Clarendon — Clarendon's exile — liord Campbell's misstatements — Charge of licentiousness against Shaftesbury. The end of the last chapter has brought us to the beginning of 1664. The subject of tliis biography is now Lord Ashley, a Peer, a Privy Councillor, and Chan- cellor of the Exclicquer. His abilities and independence, 1(564. ATTENTION TO REVENUE AND TRADE. 277 the favour of tlie King and his intimacy with Arlington, Lauderdale, Bristol, and others, who in various ways thwarted Clarendon and menaced his ascendancy, have made him already formidable to the too jealous and imperious Chancellor. In the House of Lords he has distinguished himself by strenuous and eloquent oppo- sition to all the measures of Church exclusiveness and oppression of Protestant Dissenters which were enacted after the Eestoration. He was very diligent as a Minister, and gave the greatest attention to all matters of revenue and trade. Papers of his Imve been pre- served which show his minute care and industry in collecting details as to the Exchequer, the customs and excise, the navy, the merchant companies, and all branches of our trade, manufactures and revenue.^ In the study of details he did not lose sight of principles, and some of his views were in advance of the time. He was an enemy of monopoly, and said that "the restraining of a general trade was like the damming of increasing waters, which must either swell them to force their boundaries, or cause them to putrefy where they are circumscribed." ^ In the session of Parliament from March 10 to May 17, 1664, the Conventicle Act, already men- tioned, was passed,^ the famous Triennial Act of the Long Parliament, making a new parliament every three }^ears compulsory on the King, was repealed, to please J Martyn'.s Life, 239—293. " Ibid. 292 ; and see in Appendix I. of the second volume Sliafte.s- hury's mcnioiial addn.ssed to the King, prohalily in IGG'J, and Mr. ]VIartyn's aeeonnt of his reconiinendati.'jns in 1672 for a Council of Trade, paraphrased from a paper of Siial'tt'sburv's. ^ Seep. -^70. 278 LIFE OF SHAFTESBURY. Chap. X. Charles, and a report of a Committee on the complaints of our merchants against tlie Dutch, followed by an address of both Houses to the King couched in very strong language, gave a sanction and intensity to national jealousy and irritation, which paved the way for the war with the Dutch declared by England in the following year. It is well ascertained that Clarendon, Southampton, Ormond, and other old advisers of Charles were against this war, and were overborne by, the popular feeling and the warlike animosities of the Duke of York and of Monk, Duke of Albemarle.^ Bristol, Arlington, and others, witli whom Ashley was latterly more or less associated, were promoters of the war; and Sir William Coventry, the Secretary of the Duke of York as Lord High Admiral, and Clifford, the future Lord Treasurer, were conspicuous in the House of Commons for hostility to the Dutch. There is no authentic information of Ashley's sentiments or line of action. But it may be inferred from the opinions of those with whom he was now most friendly, and from his zealous attention to 1 M. (ie Ruvigny wrote, September 12/22, 1664 : "The King, Clian- cellor, and Treasurer are against making war, but alloAv themselves to be carried away by the crowd." (Archives of French Foreign Office.) In an anonymous memoir on the origin of the war in the same archives, which was furnished from England, tlie Earl of Bristol is said to have first recommended the war. It is tliere said that Bristol having no office or hope of any, formed intimate relations witli Thurloe, Ashley, Trevor and other Cromwellites, the most skilful men in England, and that Tlmrloe showed Bristol Cromwell's papers, and told him that Cromwell had had two great objects, one lo make himself King, and the other to destroy the power of Holland. Later, it is said in this memoir, the Parliament, the (Jity of London, and the Conncil were for the war, but Clarendon, Southampton, and Ormond kept the King in suspense ; he was, however, at last cari'ied away, yielding to the im- portunities of the Duke of York and of Monk, and goaded by libels and insolent discourses of the Dutch. 1665. APPOINTED TREASURER OF FRIZES, 279 English trade, that he was, like all the younger statesmen, on the side of war. The war, indeed, was regarded by the nation, which had become infuriated by Dutch insults, injuries, and cruelties to English merchants in all parts of the globe, as necessary for upholding the honour and preserving the commerce of England. In a session which began on November 24, 1664, and ended on March 2, 1665, the House of Commons enthusiastically voted a very liberal supply of two millions and a half sterling, and war was declared against Holland on February 22, 1665. It is the more probable that Lord Ashley was a sup- porter of the war with Holland, as, when war was deter- mined on, he was appointed by the King, and evidently to the great annoyance of Clarendon, Treasurer of Prizes. Clarendon says tliat Ashley's appointment contained a proviso that he was to be accountable to the King and to no one else, and was to make payments in obedience to the King's warrant under his sign manual and by no other warrant, and was to be exempt from accounting into the Exchequer. To this arrangement Clarendon says that he made great opposition, desiring that the proceeds of prizes should go into the Exchequer and be available solely for the expenses of the war ; but the King was immoveable, and Lord Ashley's appointment was made as originally proposed.^ Clarendon's narrative of this incident is so obviously tinged by asperity towards Ashley, that many of its details must be re- garded with distrust ; but his substantial statement ^ Continuation of Life of Clarendon, 575 — 581. 280 LIFE OF SHAFTESBURY. Chap. X. that the King reserjved power over the distribution of the proceeds of prizes is correct. Tlie following is the substance of what regards Lord Ashley in Clarendon's statement about this appoint- ment. A servant of Lord Ashley came to him one evening with the appointment signed, and desired from his master that the Chancellor's seal might be put to it that night. Clarendon bade the m.essenger tell Lord Ashley "that he would speak with the King before he would seal that grant, and that he desired much to speak with himself" The next morning Clarendon saw the King, and remonstrated ; he represented the proposed proceeding as unprecedented, and as opening the way to frauds on the King himself, who would have no check if the receivers of prizes were exempted from accounting to the Exchequer ; he further described it as a slight to the Lord Treasurer, "there being another Treasurer much more absolute than himself, and without dependence on him." The remonstrance produced no effect. " He [Clarendon] found that the King had not l:)een surprised in what he had done, which, he said, was absolutely in his own power to do, and that it would bring prejudice only to himself, which he had sufficiently guarded against. However, he seemed willing to decline anything that looked like an affront to the Treasurer, and therefore was content that the sealing it might be suspended till he had further con- sidered." Lord Ashley now went to Clarendon, and " seemed to take it unkindly that his patent was not sealed." Clarendon answered "that he had suspended the immediate sealing it for thre? reasons, whereof one 1665. TREASUEEKSHIP OF PRIZES. 281 was that he might first spealc with the King, who, he believed, would receive much prej udice by it ; another that it would not consist with the respect he owed to the Lord Treasurer, who was much affronted in it, to seal it before he was made acquainted with it ; and in the last place, that he had stopped it for his, the Lord Ashley's, own sake ; and that he believed he had neither enough considered* the indignity that was offered to the Lord Treasurer, to whom he professed so much respect, and by whose favour and powerful interposition he enjoyed the office he held, nor his own true interest, in submitting his estate to those incumbrances which such a receipt would inevitably expose it to ; and that the exemption from making any account but to the King himself would deceive him ; and as it was an unusual and unnatural j)rivilege, so it would never be allowed in any court of justice, which would exact botli tlie account and the payment or lawful discharge of what money he should receive, and if he depended upon the exemption he would live to repent it." Lord Ashley, according to Clarendon, sullenly replied " that the King had given him the office, and knew best what was good for his own service, and that except his Majesty re- stricted his grant, he would look to enjoy the benefit of it ; that he did not desire to i)ut an affront upon the Lord Treasurer, and if there were any expressions in his Commission which reflected upon him, he was content they should be mended or left out ; in all other respects he was resolved to run the hazard." Southampton, the Lord Treasurer, whom Clarendon describes as much hurt, would not interfere, "but sat unconcerned, and 282 LIFE OF SHAFTESBUEY. Chap. X, took no notice of anything." It is not improbable that Clarendon misrepresented or exaggerated Southampton's feeling. The end of it was that " within a short time the King sent a positive order to the Chancellor to seal the Commission, which he could no longer refuse, and did it with the more trouble, because he very well knew that few men knew the Lord Ashley better than the King himself did, or had a worse opinion of his integrity." The question here at issue was one like several others that arose during this reign, a question of power and old prerogative against reason and public advantage. That Clarendon was right in his view of this matter, so far as concerns public expediency, we who live in days when prerogative has long since been wholesomely re- duced and regulated, can have no doubt. But the King cannot be unreservedly blamed for insisting on the exercise of a power which he thought rightfully his. Personal bias and irritation probably made Clarendon on this occasion the opponent of royal prerogative, which in other similar instances he upheld. Lord Ashley was doubtless stimulated by his own advantage in his resistance to Clarendon's opposition to the proposed arrangement. The dangers to Ashley himself, pictured by Clarendon's imagination, were never in the least realized. During this war, and in the straits of the Govern- ment for money, the question of the justice and neces- sity of appropriation of prize-moneys to the needs of the war was often raised. There was a body of Com- missioners of Prizes, and one of these was Sir William 1665. "WAR PRIZES, 283 Coventry, Lord Ashley's brother-in law, who was Secre- tary to the Lord High Admiral, and one of his Council, a man of great ability, and the real administrator of the Admiralty for the first eight years of the reign of Charles the Second. Pepys mentions a proposal by Sir W. Coventry to the Duke of York, April 3, 1667, to devote 3,700/. worth of prize goods to payment of a debt for the war, when "the Duke of York, Sir George Carteret, and Lord Berkeley saying, all of them, that my Lord Ashley wovdd not be got to yiekl it, who is Treasurer of the Prizes, Sir W. Coventry did plainly desire that it might be declared whether the proceeds of the prizes were to go to the helping on of the war or no, and, if it were, how then they could be denied."^ Another entry of Pepys in his Diary shows the worthy Secretary of the Admiralty astonished at Lord Ashley's not quailing before the great man of his office. " With Sir W. Warren, who tells me that, at the Committee of the Lords for the Prizes to-day, there passed very high words between my Lord Ashley and Sir W. Coventry about our business of the prize ships, and tliat my Lord Ashley did snuff and talk as high to him as he used to do to any ordinary man, and that Sir W. Coventry did take it very quietly ; but yet for all did speak his mind soberly and with reason, and went away saying he had done his duty therein." ^ An order 1 Pepys's Diaiy, iv. 4. - Ibid. iii. 173, March 21, 1666. These statements by Pepys of differences between Ashley and Coventry are the more interesting, as Clarendon, in his story of Ashley's appointinent to be Treasurer of Prizes, speaks of him as "fast linked to Sir Harry Bennet and Mr. Cjiventry in a league ofl'unsive and defensive, the same friends and the same enemies." 284 LIFE OF SHAFTESBURY. Chap. X. from the King to stop the sale of some prize goods asked for by the Duke of York for the use of the navy, is stated by Pejjys to have made Lord Ashley very angry.^ Pepys dined witli Lord Ashley on the twenty- third of September, 1667, and took an opportunity before dinner of looking over his prize accounts. " We were put in my Lord's room before he could come to us, and there had an opportunity to look over the state of his account of the prizes, and there saw how bountiful the King hath been to several people ; and hardly any man almost, commander of the navy of any note, but hath some reward or other out of them ; and many sums to the Privy Purse, but not so many, I see, as I thought there had been ; but we could not look quite through it. But several bedchamber men and people about the Court had good sums, and, among others. Sir John Minnes and Lord Brounker have 2U0Z. a-piece for looking to the East India prizes, while I did the work for them." 2 Xo imputation was ever made against Lord Ashley himself for misappropriation of funds ; the distribution was under the King's orders. The accounts of the prizes were inspected by the Commission ap- pointed in 1668 for examination of public accounts, and no charge of any sort was made against Lord Ashley. A letter written by Lord Ashley a few days before the close of the session of 1664-5, to his wife in the country, gives a pleasing glimpse of him in his family ^ Pepys's Diary, iii. S76-8, January 16 and 19, 1607. - Ibid. iv. 201. The proceedings of tlie Commissioners of Prizes, in three folio volumes, are preserved in the British Museum, (ilarl. jVISS. 1509^11.) 1665. LETTER TO HIS WIFE. 285 relations. His only son, who had just completed his thirteenth year, was now going to Oxford to begin his studies there, it being then customary to enter the Universities at so early an age. The son was entered at Trinity College. " My brother Eobert," mentioned in the following letter, was Lady Ashley's brother, Eobert Spenser^ and " My lady " is the Mddow Lady Spenser of AVormleighton, the mother of Lady Ashley, whom her son Eobert would be going to fetch away from St. Giles's. " My Lord Nortliumberland " was one of the survivors of the leaders of the Presbyterian party at the beginning of the Civil War, who had concurred as a venerable member of that party in the Eestoration. The Earl of Northumberland recovered from the ill- ness here spoken of; he died in October 1668. Lady Ashley's nephew, the Earl of Sunderland, had lately married a niece of Lord Northumberland; and Lord Northumberland's eldest son was married to a cousin of Lady Ashley, a daughter of the Earl of Southampton, the Lord Treasurer, and Lord Ashley's intimate friend. " My brother Chicheley " was Mr., afterwards Sir Thomas, Chicheley, of Wimpole in Cambridgeshire, 1 Robert Spenser, brother of the Earl of Sunderland who fell at FaI^c- hill, and uncle of the Sunderland who was minister to Charles II. and .Tames II., was created a Scotch peer, with the title of Viscount Teviot, by .James II. in 1686. A mention of him in one of the Countess of Sunderland's, his sister-in-law's, charming letters to Lord Halifax, shows him in strong opposition to Shaftesbury's politics in tlie davs of the Poj)ish Plot and Exclusion Bill. " JMy brotlier Spenser," says Lady Sunderland, "was yesterday in town ; he had a mind to see his sister [ Lady Shaftesbury], and sent her to meet him at SoutluiTupton House [Lord Russell's]. He would not go to my Lord Shaftesliury's, becauf-e of his proceeilings against the Duke [of York]. My Lord Russell asked him why he would come to his. He might have told him, ' You are but a blind follower.'" (July 8, 1680. Lady Russell's Life and Letters, edited by Miss Berry, 18i9, p. 351:.) 28G LIFE OF SHAFTESBUrvY. Chap. X. who had married a sister of Shaftesbury's first wife, one of the daughters of Lord Keeper Coventry, wlio had previously been the wife of Sir William Savile, and who 1)y this first marriage was mother of the celebrated George Savile, Lord Halifax. The affec- tionate tone of this letter is very pleasant."^ " London, Februanj 26, 16G5. " My Deaeest, — I received yours of the 23rd instant just now and write this by James Percivall. I have some hopes of seeing you Wednesday sevennight and coming the Monday after away with you for London. My brother Eobert goes this week for Petworth, where he is like to find a sad house, for my Lord Northumberland is reported in great danger, but I ho]3e he will be with you so as my lady will remove next week, for it will be not only inconvenient but dangerous to remove too great a company." The safest road is Winchester and Guild- ford. If my lady be not well or able to travel, I beg she will not think of removing rintil she be well. My dearest, you gave my child the best thing that could be, but his extreme wilfid disorders taken in eating always gives me great fears until he be removed to a place of other discipline. I have provided all things ready for him at Oxford, and desire you will borrow Sir Edward Hooper's or any other of my neighbours' coaches and 1 This letter is printed from the papers at St. Giles's. ^ The daii.u;er and inconvenience of too great a company was probalil}^ from the badness of tlie roads. Lad}' Rnssell, describing lier jonrney in 167S from London to Tnnbridge Wells, writes : " I do really think if I could have imagined the illness of the jonrney, it would have dis- couraged me ; it is not to be expressed how bail the way is from Seven- oaks ; but our horses did exceeding well, and Spenser very diligent, often off' his horse to lay hold of the coach." (Lady liussell's Letters, i. 38, ed. 1853.) 1665. LETTER TO HIS WIFE. 287 four horses who may in three clays carry him and ]Mr. Craven to Oxford. Mr. Bergen shall not go with him, but to London with us. You may acquaint Laurence that I shall desire him to go along and see him settled. I intend his journey the same day with ours on this day fortnight; he may lodge at Clarendon the first night, at Hungerford the next, and at Oxford the third, no journey al)ove twenty mile. I hope my niece's toothache is breeding, but pray tell her I beg she will resolve not to leave her son less than her husband was left. I hear she has taken a waiting woman, a house- keeper, and a chambermaid. If so, I am sorry for it. Mr. Constantine is my author. A chamberniaid and a washmaid had been enough ; let her not think I fiddlingiy disturb her, but I love to speak early, as knowing what things will come to ; and I rely so much on her kindness to me that she will lay down all romance aud take up discretion. I am extremely joyed with her behaviour towards her husband as you describe it. My brother Chichely^ has given Colonel Fagg ten thousand pound for his place of Lieutenant of the Ordnance, and 'tis said he owes twice that sum before. We hear no more of that ill news of my Lord Berkley.^ I had rather you had found treasure than ^ Mr. Cliicheley was appointed Commissioiier of the Ordnance in November 16G4, with Sir John Minnes, Lord Berkeley of Stratton, and Sir John Duucomhe for colleagnes. (Pepys's Diary, ii. 396.) He appears to have been extravagant ; an(] Lord Ashley speaks of him as in debt. Pepys mentions his dining with him in Qneeii Street, Covent Garden, March 11, 1668. "A very fine house, and a man that lives in mighty gi'eat fashion, with all things in a most extraordinary manner noble and rich altont him, and eats in the French fashion all ; and mighty nobly served with his servants, and very civilly ; so that I was mightily pleased with it ; and good discourse. He is a great defender of the Church of England, and against the Act for Comprehension." (Diary, iv. 387.) - This was ]>robal>ly Lord P)erkeh'y of Stratton, so created in 1658, formerly Sir John lierkeley, whose account of his negotiations in 1647 288 LIFE OF SHAFTESBURY, Chap. X. pictures, but I satisfy myself in the portion I have in this world, and that treasure God has given me in so faithful and affectionate a wife, to whom I ever vow myself, " A most sincere and truly affectionate husband, ' '• "Ashley." In the year 1663 a grant had been made by the King of the province of Carolina, now part of another mighty dominion, to nine individuals, of whom one was Lord Ashley. The other eight were the Duke of Albemarle, the Lord Chancellor, the Earl of Craven, Lord Berkeley, Sir George Carteret, Sir John CoUetou, and Sir William Berkeley. The grant was renewed in June of this year, 1665, to all the original grantees, except Sir John Colleton. Lord Ashley took a leading part in the management of this grant. Locke, at his request, drew up a constitution for the colony, which is dated 1669. In 1670 another grant was made by the King of the Bahama or Lucayo Islands, to the second Duke of Albemarle (the famous Monk having died in the in- terval), Earl of Craven, Lord Berkeley, Lord Ashley, Sir George Carteret, and Sir Peter Colleton. A large volume of letters written by Shaftesbury about the affairs of the two colonies of Carolina and the Bahamas, showing his very great attention to them, is preserved at St. Giles's.^ for Charles L with Cromwell is ]>ublislied iiiider the title of Sir .John Berkeley's Memoirs. He was now one of the Lord High Admiral's Council and a Commissioner of the Ordnance, and was afterwards Lord Lieutenant of Ireland. I do not know wliat ill news is here referred to. ^ See "The Fundamental Constitutions of Carolina" in Locke's AVorks, X. 175, ed. 1812. ^ Two of these many letters are printed in Mr. Martyn's life, vol. ii. p. 9.5. The letters are too numerous to insert in this work, and they have no general interest. 1665. OXFORD SESSION. 289 The degree of Lord Ashley's favour at this j)eriod with the King is shown by the King's visiting him in September of this year, at his country house at Wimborne St. Giles. The plague was now raging in London, and the King and Court had been stay- ing for some time at Salisbury. The only knoAvn notice of this royal visit to Lord Ashley is contained in a letter from Lord Arlington, who was with the King, to the Duke of Ormond in Ireland, written from Salisbury, September 11, 16G5. "His Majesty is, God be thanked, perfectly well recovered, and is now in his coach gone to divert himself at my Lord Ashley's, whither I am following him, and from whence I shall be to send your Grace such a present as this the next week." ^ On account of the plague, the Parliament was called to meet at Oxford in October, and there a short session was held, beginning on the ninth and ending on the thirty-first of October. In this short session, however, much business was got through. An additional supply of a million and a quarter for the war was granted, and a present of 120,000/. was voted to the Duke of York, whose valour and success in the first naval battle of the war, off Lowestoft, on June 3, had made him a poj^ular hero. Clarendon gives a long account of a proviso introduced into the Supply Bill of this session, at the suggestion of Sir George Downing, and with the approval of the King, " to make all the money that was to be raised by this bill to be supplied onlv to those ends to which it was given, which was the ^ Miscellanea Aulica, p. 3G1. VOL. I. U 200 LIFE OF SHAFTESBURY. Chap. X. carrying on tlie war, and to no other purpose whatsoever, by what authority soever." Though the object of this clause seems to be very much the same as Clarendon says he had in view when he opposed the conditions of Lord Ashley's appointment of Treasurer of Prizes, he now strongly opposed Sir George Downing's clause as an encroachment on the King's prerogative, as well as an impediment to the administration of finances. Ashley, who at first had favoured the clause, was also an opponent. The bill had passed the Commons and was in the Lords, when, at the instance. Clarendon says, of Lord Ashley, the King summoned a few of his chief advisers to a meeting at Clarendon's lodgings, for the reconsideration of the proviso. There were present with the King the Duke of York, the Chancellor (who was in bed with the gout, wherefore the meeting was in his bedroom). Lord Southampton, Lord Ashley, Lord Arlington, and Sir W. Coventry ; also the Attorney and Solicitor-General to draft any amendments w^hich might be approved of, and Sir George Downing to defend his proposal. " The Chancellor had never seen the proviso which contained all the novelty (for all the other parts of the bill were according to the course), and the Treasurer had read it only an hour or two before the meeting ; the Lord Ashley, therefore, who had heard it read in the House of Peers, and observed what that House thought of it, opened the whole business with the novelty and the ill consequence that must inevitably attend it, all which he enforced with great clearness and evidence of reason, and would have enlarged with some sharpness on the advisers of it. But the King himself 1665. APFROPKIATION CLAUSE OP SUPPLY BILL. 291 stopped that by declaring that whatsoever had been done in the whole transaction of it had been with his privity and approbation, and the whole blame must be laid to his own charge, who, it seems, was like to suffer most by it." The end of it was that the bill passed the House of Lords with the proviso unaltered.^ Clarendon inac- curately says that the King agreed to some " small amendments, which would be as soon consented to in both Houses as read," and that with such amendments the bill was passed. The Lords made no alteration whatever, and the amount of opposition made in the House of Lords is probably much exaggerated by Clarendon, for the bill, which was only sent up to the House of Lords on the twenty-first of October, was passed without any alteration, and without a division at any stage, on the twenty-third. This is another instance of conflict in this reign between prerogative and public interest, and the influences and traditions of office made Lord Ashley an opponent, as is still frequently the case with parliamentary officials, of a change which in an independent position he would probably have supported. The King's need of money and desire to conciliate Parliament induced him to admit, in spite of Clarendon and Ashley, and contrary to his own high notions of prerogative, the principle of parliamentary appropriation of money voted, which is now an uncontested and highly prized part of our constitutioiL The agreement of Clarendon and Ashley on the sub- ject of this proviso for the Supply Bill may have helped ^ Continuation of Life of Clarendon, 792 — 803. U 2 292 LIFE OF SHAFTESBURY. Chap. X. to improve their relations and bring them to friendship for a time, for in the following January, Ruvigny writes that they were on the most confidential terms. " Bennet and Ashley," he wrote, " appear to be the two chief con- fidents of the Chancellor, which last year would have been incredible ; so great is the force of ambition and interest." ^ During the October session at Oxford, another Act, on whicli Clarendon and Ashley widely differed, was added to the list of persecuting measures against Dis- senters. This is the Act known by the name of the Five Mile Act. By it Dissenting ministers were pro- hibited, under a penalty of forty pounds for every oiFence, from going, unless only in passing on the road, within five miles of any city, corporation, borough, town, or place where they had been ministers, or had preached, after the Act of Oblivion, unless they first took the following oath : " I do swear that it is not lawful, under any pretence whatever, to take up arms against tlie King, and that I do ablior the traitorous position of taking up arms by his authority against his person, or against those tliat are commissioned by him in pursuance of such commissions, and that I will not at any time endeavour any alteration of government either in Church or State." Tlie Earl of Southampton, Lord Ashley, and Lord Wharton strongly opposed this measure in the House of Lords.^ The courageous labours 1 Ruvigny to De Lionne, January 9/19, 1666, in Archives of French Foreign Office. Kuvigny says of Bennet in the same passage that he " has as great a share in the King's pleasures as in business." He does not say the same of Ashley. ''■ Letter from a Person of Quality in Locke's Works, x. 203 ; 1665. NON-RESISTANCE OATH. 293 of Dissenting ministers at this very time, amid the ravages of tlie plague in London, should, now at least, have procured for them consideration, instead of increased severity ; and policy strongly counselled measures for uniting the nation, instead of increasino- heartburnings, when England was at war with Holland, and expecting that France would immediately declare war as Holland's ally. But not content with the Five Mile Act, some of its supporters introduced into the Commons during this session a bill for imposing on the whole nation the oath not to take up arms against the King or endeavour to make any alteration of government either in Church or State. The bill was rejected, but only by the small majority of six. It is a singular circumstance, which has been noted, that in the majority were three members who had appeared in the House that day for the first time, jMr. Peregrine Bertie, a younger son of the Earl of Lindsey, who took his seat that day as a new member, and the two members who introduced him, his eldest brother, Lord Bertie, and Sir Thomas Osborne, who soon afterwards became celebrated as Lord Treasurer and Earl of Danby.^ Had these three voted the other way, the numbers would have been equal ; and it is extra- ordinary that ten years later the same bill was proposed and pressed by Lord Danl)y, and introduced into the Martyn's Life ii. 302. Bishop Burnet dwells on Lord Southampton's vigorous opposition (Own Time, i. ,390-1). 1 Letter from a Persou of (,)uality in Locke's Works, x. 204 ; Hallam's Constitutional History, ii. 47.5. .Mr. Martyn has erroneously repre- sented tlie ])ill of 1665 as having hcen defeated in the Lords, and has indeed altogether misapprehended the story told l>y the " Per-son of Quality." (Life, i. 302.) 254 LIFE OF SHAFTESBURY. Chap. X. House of Lords by the same Lord Bertie, wlio was then Earl of Lindsey and Lord Chamberlain. Lord Ashley stayed a few weeks at Oxford after the prorogation, as appears from the following letter to his wife, who was at Wimborne St. Giles. He may have stayed there to be with his son. " My sister Cooper " is of course the wife of his brother George. The postscript shows fear of tlie plagiie at Oxford. "Oxford, Nov. 23, 1665. " My dearest Dear, — I received a letter last night from my sister Cooper, which brought me the sad news of your being ill, and that you had sent for no advice. She very kindly and discreetly gave me a punctual account of the manner of your disease, which I have consulted Dr. Willis upon ; he is one of the learnedest and most famed physicians in the world ; he has given me the enclosed directions, and fearing you might not get the things so suddenly or well made, I have caused his apothecary to make them and have sent them to you by this bearer, my groom, with your oil of almonds and spirits of hartshorn. AU this I have done lest Dr. Hurst be not in the country near you, for else I wonder you would not send for him, which I require you upon all the love you bear me immediately to do, and show him these directions, but I would not have you stay from using these things as soon as they come to your hand. Pray show them and this letter to my good lady your mother, who, I doubt not, will have care of you, fur it very much adds to my affliction that 'tis not possible for me to come to you this week ; but if you continue ill, I have Dr. Willis his promise to go with me to you. The Lord in mercy ^ From Lord Shaftesbury's papers at St. Giles. 1666. Locke's fkiendship. 295 preserve my dear, and restore your liealth, is the most hearty and humble prayer of, '■' My dearest, " Your most truly affectionate husband, " Ashley. " Pray, my dear, send up somebody that can purify our linen, for the concourse of people frights us all more than ever, though it abates well at London." In June, 16(36, Lord Ashley was again at Oxford, and he, on this occasion, accidentally made an acfpiaintance with John Locke, which rapidly ripened into an intimate friendship. Lord Ashley was now suffering much from an internal swelling, the consequence of the accident which befel him when he went over to Breda on the eve of the Eestoration, and he had been advised to drink the mineral waters of Astrop. Before arriving at Oxford, he had written to a physician there, Dr. Thomas, requesting him to procure some of these waters for him. Dr. Thomas, being obliged to leave Oxford at this time, entrusted the commission to Locke, who had lately returned to Oxford from diplomatic employment in Germany, and was now residing as a Student of Christ Church and studying medicine. Locke waited on Lord Ashley, who was greatly pleased with his visitor; and this visit was the origin of a life-long friendship between these two celebrated men. Lord Ashley went from Oxford to stay at Sunning Hill and there drink the Astrop waters, and Locke accompanied him. Locke was again his companion at Sunning Llill, in tlie year following. Afterwards he became an inmate of Lord 296 LIFE OF SHAFTESBUllY. Chap. X. Ashley's house, and one of his family, and his constant medical adviser. Eecommended by Lord Ashley to the yoimg Earl and Countess of ISTorthumberland, he went with them to France in 1669.^ When in ISTovember, 1672, Shaftesbury became Lord Chancellor, he ap- pointed Locke one of his Secretaries ; and soon after he made Locke Secretary of the Council of Trade and Plantations, of which he was President from September 1672 to April 1676. Li the year 1674, Shaftesbury gave Locke a life annuity of a hundred pounds on easy terms.- The eager and restless politician and the calm and high-minded philosopher remained on terms of affectionate intimacy till Shaftesbury's death. Then, in a time of arbitrary rule, came grief and injury to Locke on account of his close connexion with the deceased Shaftesbury. While in Holland, whither he had gone from fear perhaps of staying in England, he was, in 1684, deprived of his Studentship at Christ Church, by an order of Charles the Second, servilely obeyed by the Dean and Chapter of that cathedral College. In a letter to his friend, the Earl of Pembroke, at the close of 1684, part of which has been before quoted,^ Locke, writing in a tone of depression, describes his connexion with Shaftesbury, saying that it had been much misunderstood, and that he had unjustly suffered in consequence. He describes himself as having lived ^ The old Earl of Xorthumbeiland had died in 16GS. His son and successor, with whom Locke travelled, died abroad in May 1670. His widow, a daughter of the Earl of Suutliuinpton, and cousin of Lady Shaftesbury, afterwards married Kalpli Montagu, ambassador at Paris, who became in time Duke of Montagu. 2 See Shaftesbury's letter to Locke of November 2-3, 1674, printed in the second volume, and Martyn's Life of Shaftesbury, i. 5. ^ See note at p. 261. 1666. LOCKE'S FRIEXOSIIIP. 297 in Shaftesbury's house as his medical adviser rather than in any other capacity, and he says that, tlioiigh always treated kindly by Shaftesbury, he improved his fortune but little, and found himself at Shaftesbury's death without the means which he would probably have acquired had he practised as a physician.^ He goes on to deny in the strongest and most unqualified language that he had ever published any political or other pamphlet or treatise whatsoever. This was in December 1684 He had then published, he says, nothing l)ut two or three copies of verses, which had not gained him the reputation of a poet.^ And now, remaining in exile in Holland during the whole of the reign of James the Second, he laboured at his great work on the Human Understanding, which has given hhn with posterity a rank very far above that of any king or minion who in worldly power and pride trampled on his living worth and intellect. After the Eevolution of 1688 Locke returned to England, and he lived for sixteen years afterwards in ease of circum- stances, honoured and famous. It is gratifvino- to read authentic testimonies of his respect for the memory of Shaftesbury. Le Clerc says that Locke " remembered all his life with great pleasure the satisfaction which he had in intercourse with Lord. Shaftesbury, and when he spoke of his good qualities did so not only with esteem, ^ See Dr. John Brown's notices of Locke as a medical man in his interesting Kssay on Locke and Sydenham in " Hor?e Subsecivie." * There are two poems by Locke, a short one in Latin with transla- tion and a longer linglish poem, on Cromwell and his conclusion of the war with the Dutch, printed in the State Poems (vol. i. part 2) from an Oxford collection. Mr. Martyn prints some verses written by Locke in 1672, addressed to Greenhill, the painter (I^ife, ii. 13), but these were probably not published before 1684. There can be no doubt that Locke had not the gift of poetry. 298 LIFE OF SHAFTESBURY. Chap. X. but even with admiration." Mr. Coste, who had been an amanuensis to Loclce, and was long a fellow inmate with him of Sir Francis Masham's house at Oates, in Essex, where Locke lived for the last fourteen years of his life, says that Locke " loved to confirm his opinion on any subject by that of the famous Earl of Shaftes- bury, to whom he took a delight to give the honour of all the things which he thought he had learnt from his conversation." " I wish," also says Mr. Coste, " I could give a full notion of the idea w^hich Mr. Locke had of that nobleman's merit. He lost no opportunity of speaking of it, and that in a manner which suffi- ciently showed he spoke from his heart." ^ The Dutch war, in which France and Denmark had joined as the allies of Holland, the Plague which, lasting fifteen months, caused a hundred thousand deaths, and the Great Fire, which, as the Plague was dying out, destroyed two thirds of London, were an accumulation of misfortunes for England in the year 1666. The Parlia- ment assembled in London in September of that year, and the session lasted till February 8, 1667. There were now great complaints of mismanagement, extravagance, and misappropriation of funds voted for the war, and the House of Commons insisted on a close examination of accounts.'^ There was a calculation that rather more than five millions and a half sterling had been at the dis- posal of Government for the war, and only 3,200,000^. was accounted for. The Commons voted a supply of 1 "The Character of Mr. Locke" by Mr. Peter Coste, printed in Locke's Works, vol. x. 2 Pepys's Diary, Sept. 21 and Oct. 10, 1666. The proceeds of prizes were estimated at 300,000Z. 1667. IRISH CATTLE BILL. 299 1,800,000/., and endeavoured, first by a proviso in a money-bill, and then by a separate bill, to obtain a Commission to inspect the accounts of the war. Such an inquiry was averted for the present; but an Act for appointing- such a Commission was passed a year later. Lord Ashley made himself conspicuous during this session by eager support of a bill for prohibiting im- portation of Irish cattle into England. An attempt to pass such a bill had failed in the Oxford session of the previous year ; but now the bill became an Act. Lord Clarendon, who opposed the bill, describes Ashley as second only to the Duke of Buckingham in violent support of it, and against probability, attributes the eagerness of both Ashley and Buckingham to per- sonal hostihty to the Duke of Ormond, a great Irish proprietor. " It grew quickly evident," says Clarendon, " that there were other reasons which caused so earnest a prosecution of it above the en- couragement of the breed of cattle in England ; inso- much as the Lord Asliley, who, next the Duke, appeared the most violent supporter of the bill, could not forbear to urge it as an argument for the prosecuting it, that, if this bill did not pass, all the rents in Ireland would rise in a vast proportion, and those in England fall as much, so that in a year or two the Duke of Ormond would have a greater revenue than the Earl of Northumber- land, which made a visible impression on many as a thing not to be endured. Whereas the Duke had indeed at least four times the proportion of land in Ireland that descended to him from his ancestors that the Earl had in 300 LIFE OF SHAFTESBURY, Chap. X. England, and tlie revenue of it before tlie Eebellion was not inferior to tlie others. But nothing was more mani- fest than that the warmth of that prosecution in the House of Peers in many Lords did proceed from the envy they had of the Duke's station in one kingdom and of his fortune in tlie other." ^ It is enouoh tliat in a period of great depression of the vahie of land in England English proprietors, and especially those of the western counties, were anxious to obtain protection against com- petition of Irish cattle. The great fall of English rents was a sufficient moving principle for Ashley ; and if tlie bias of self-interest sharpened his zeal, it is by no means clear that special circumstances did not counsel an exception to general rules of political economy, then indeed little understood or appreciated.- The opponents of the measure feared that the passing of it might inflame the Irish to rebellion ; and Irish content was of greater importance, when England was at war with France, and a French invasion of Ireland was even a probability. The debates on this bill in tlie House of Lords were marked by very great acrimony. The Earl of Ossory, the Duke of Ormond's gallant but impetuous son, quarrelled during these debates both with tlie Duke of Buckingham and •^ Clarendou's Contimiatiou of Life, 967. ^ Some notices in Pepys's Diary show veiy forcibly the depression of the agricultural interest in England. April 9, 1667: "Several do comphiin of alnindance of land flung Tip hy tenants out of their hands for want of ability to pay their rents, and by name that the Duke of Buckingham hath 6,0001. so flung up." Jan. 1, 1668 : Pepys dined with Lord Crewe, when "they did talk much of the present clieapness of corn, even to a miracle, so as tlieir farmers can pay no rent, but do fling up their lands." Jan. 31, 1668 : Colonel Birch told Pepys of " the general want of money in the country, that land sold for nothing, and the many ])enny worths he knows of lands and houses upon tliem witli good titles in his county at si.xteen years' purchase." Sec Lord Ashley's memorial to the King of 1669 in Appendix I. of tlie next volume. 1667. DISCUSSION -WITH LORD CONWAY. 301 with Lord Ashley, and he was on both occasions repri- manded and ordered to make an apology.^ Lord Ossory, replying to Lord Ashley, said that he had spoken like one of Cromwell's councillors. Lord Ashley complained of this language, and the House required Lord Ossory to stand up in his place and say " that he is very sorry for the great offence he hath given to the House, and humbly desires their pardon ; and that he is very sorry that any words of his should reflect on the Lord Ashley, for which he desires the Lord Asliley's pardon." Carte, in his Life of the Duke of Ormond, relates a lively altercation in private between Lord Ashley and Lord Conway, an Irish proprietor, who became Secretary of State near the end of Charles the Second's reiiin, during the discussions of the same bill. " Upon the news of a French invasion and a powerful army embarking at Brest, which was all the subject of discourse, Lord Conway coming in before the House sat, Lord Ashley asked him in the presence of twenty lords how they would do to defend themselves in case the invasion fell on Ireland. Conway replied they should not so much as think of it, for when they had repre- sented to the House that they should be disabled by the bill from doing so, he [Lord Ashley] had answered they never had been able to defend themselves, and when they were in danger England ever had and ever must defend them, and therefore they should leave that matter to him, who had said those words, and to the Parliament Avhich believed him. Ashley replied with a very super- cilious air : ' They knew better where to lay the blame, and that was on those lords that had driven the English 1 Lords' Journals, Nov. 19, 1666. Pcpys's Diary, same date, iii. 339, 302 LIFE OF SHAFTESBURY. Chap. X. out of the seaports and corporate towns and filled them with Irish.' Conway's answer was as resolute, ' that there were no such lords in Ireland, nor was the matter of fact true, for the Irish in all their seaports and towTis put together would not make up one reasonable street.'" Carte goes on to say that Lord Conway, suspecting Lord Ashley of an ambition to be Lord Lieutenant of Ireland, took occasion, a few days after the passing of the Irish Cattle Bill, to say to him " that he wondered exceedingly to see his Lordship so injurious to Ireland, since no man was so likely in a short time to be Lord Lieutenant of that kingdom as himself, but he had now contracted an incapacity which was not usual ; for the violence he had so lately shown would make the whole country believe he came to destroy them totally, so that they would be tempted to rebel and tear him to pieces." Ashley seemed, said Lord Conway, pleased with the in- sinuation, and vindicated himself from the charge of ill-will to Ireland. " He said that it was true they had done an unnatural act, but the fault was in the present governors of that country, who by their settlement, their book of rates, and other principles of government, en- deavoured to divide the two kingdoms ; whereas he desired they should be united and sit in one Parliament, and then all these acts would fall to the ground ; and though he had exclaimed in the last session at Oxford atjainst granting a liberty of conscience in Ireland, yet as he found it for the good of the kingdom in its present situation, he wovdd befriend the country particularly in that point, and in all others as occasions offered." Carte proceeds, writing of course on Lord Conway's autho- 1667. CLOSE OF DUTCH WAE. 303 rity : " He [Lord Ashley] was so fond of the subject that he kept on the discourse and renewed his pro- fessions for an hour together, thereby convincing Lord Conway, who only proposed the matter in raillery, of his inclination to be at the head of that kingdom ; for men of great parts and cunning are seldom bit in that way, unless they are betrayed by some passion or other." ^ The close of the year 1666 found both England and France anxious to terminate the war. When the war began between England and Holland, Louis XIV. had at first viewed it with complacency, as likely, by giving to both occupation and impairing the resources of both, to prevent both from obstructing his designs on Spanish Flanders. Later, France was brought into the war as the ally of Holland under a clause in a treaty made between France and Holland in 1G62. Tardily and ungraciously had France consented to fulfil the obliga- tions of this treaty, in contracting which she had acted faithlessly towards England ; and wdien at last she had declared war against England, she gave Holland no cordial or effective co-operation. Louis then soon be- came anxious to conclude the war, get rid of obligations which he was unwilling to fulfil, and be free to invade Spanish Flanders. At the close of the campaign of 1666, Louis found the King of England ready to treat for peace, while the States General made difficulties, hoping on their part to prevent Louis from embroiling himself with Spain and invading Spanish Flanders by keeping him engaged in war witli England. In the spring of 1667, Louis succeeded in making a secret 1 Carte'e Life of Onnoiid, ii. 338. 304 LIFE OF SIIAFTESBUIIY. Chap. X. arrangement with, the King of England, by which the latter promised to make no alliance, dtiring the period of one year, with any nation against France, or wliich might possibly prejudice French interests, and to make dming the year a close alliance with France, Louis promised in return to restore to England the French conquests in the West Indies made in the course of the war. This secret arrangement was made by letters written by the two Kings to Hen- rietta Maria, the Queen Dowager of England, the mother of Charles and the aunt of Louis.'^ Shortly after, negotiations for peace were opened at Breda between England and Holland, but the Dutch refused an armistice during the progress of negotiations. The poverty of the English exchequer had led to premature reductions in the English navy, and De Witt, with a strong Dutch fleet fully prepared, saw his advantage and determined to strike, while he yet could, a heavy blow. The Dutch fleet under De Euyter, in June, entered the Thames, proceeded as far as Chatham, and, there destroyed by fire three of our men-of-war. This was a humiliating disaster for England. Peace now soon followed. Louis XIV., secured by his secret arrangement with Charles, had in the month of May entered Flanders with an army of seventy thousand men; and his rapid conquests terrified Holland into acquiescence in a treaty of peace. Peace was con- cluded at Breda on the thirty-first of July, 1667. The Earl of Southampton, the Lord High Treasurer, had died in May, and that ofiice was now put into Com- ^ Mignet, Negotiations relatives a la Succession d'Espague, iii. 58. 1667. TREASURY PUT IN COMMISSION. 305 mission, at tlie King's instance and against the opinion of Clarendon. The Commissioners were the Duke of Albemarle (George Monk), Lord Ashley, who continued to he Chancellor of the Exchequer, Sir William Coventry, Sir John Duncombe, and Sir Thomas Clifford. Claren- don has given an account of this arrangement, in which he describes the King at the time as being dissatisfied with Ashley and unwilling to include him in the Com- mission, and further represents it as a humiliation for Ashley that, being Chancellor of the Exchequer, he was not made an indispensable member of the quorum. It is clear from Clarendon's account that the King had made up his mind to appoint a small number of Com- missioners who should all be men of business, and not to follow the custom of appointing a number of high officials of state who would only give dignity to the Commission and leave the work to the Chancellor of the Exchequer. Clarendon, who was strongly opposed to a Commission for the Treasury, but saw that the King had made up his mind to it, perceived also that the King " would not approve the old course in the ■choice of Commissioners, who had always been the Keeper of the Great Seal, and the two Secretaries of State, and two other of the principal ^Dersons of the Council, besides the Chancellor of the Exchequer, who used to be the sole person of the quorum." The Duke of York agreed with the King in opinion, cited the case ■of the Ordnance which had shortly before been placed in Commission on the deatli of Sir William Compton, and contended that, as in the Ordnance so in the Treasury, business would be better done, " if fit persons VOL. I. X 306 LIFE OF SHAFTESBURY, Chap. X. were chosen for it, who might have nothing else to do." The King proposed Sir Thomas Clifford, who, being a member of Parliament of small fortune, had been much befriended by Arlington, and was now Comptroller of the Household and a Privy Councillor, Sir William Coventry, and Sir John Duncombe. The King thought that these three would be enough for despatch of business. Clarendon then suggested the necessity of naming Ashley, because he was Chancellor of the Exchequer, and urged the appointment also of the Duke of Albemarle and some other person of high rank to givQ lustre to the Commission. The King said, accord- ins to Clarendon, that " he did not care if he added the General to them. The Lord Ashley gave him some trouble, and he said enough to make it manifest that he thought him not fit to be amongst them ; yet he knew not how to put him out of his place ; but gave direction for preparing the Commission for the Treasury to the persons named before, and made the Lord Ashley only one of the Commissioners, and a major part to make a quorum ; which would quickly bring the government of the whole business into the hands of those three who were designed for it, and Ashley rather chose to be de- graded than to dispute it." ^ Such is Clarendon's story ; but he is commonly so [inaccurate in details, and he is clearly so carried away by prejudice against Shaftesbuiy, that the true story probaljly is that the King's desire was to associate working Commissioners, and not mere ornamental cyphers, with Lord Ashley, Chancellor of the Exchequer, of whom it is very likely that he at the ^ Continuation of Claxendon's Life, 1082-8. 1667. TREASURY COMMISSIONERS. 307 same time, from some recent irritation, spoke words of disrespect, which would not displease Clarendon. The animosity of Clarendon against Shaftesbury is clear in every allusion which he makes to him ; but it is not easy, in any case, to extract from this narra- tive anything to Shaftesbury's prejudice. The alleged degradation disappears when it is seen that the King designed to depart from the old precedents in the formation of the Commission. That the King, whose inclinations and affections were ever varying, and who was soon to treat his old and faithful servant Clarendon himself with heartless cruelty and ingratitude, was at the moment indisposed towards Shaftesbury and found him troublesome, may be taken as proof that Lord Asliley had shown independence of character and had not been the King's servile instrument either in politics or as Treasurer of Prizes. Pepys records Lord Ashley's unwillingness to obey orders of the King as to the disposal of prize goods ; his motives may have been good or bad, regard for the public or self-interest, or perhaps even mere self-will.^ It also appears that Lord Ashley was not quite pleased with the new arrangement ; it was not in human nature that he should be so. Sir George Carteret, who was Treasurer of the Navy, and was himself much displeased with the new Commission, (" and he hath reason," says Pepys, " for it will eclipse him,") told Pepys that " my Lord Ashley says they understand nothing, and he says he believes the King do not intend they shall sit long." ^ ' Diary, iii. 376-8, January 16, 19, 1667. ^ Ibid. May 31, 1667, iv. 58. X 2 308 LIFE OF SHAFTESBURY. Chat. X. Pepys however himself thought otherwise, and, being a man of business, he thought the Commission a good measure. A few days Later, Pepys had to attend the Commissioners, and was much struck with their busi- ness-like way of proceeding. Lord Ashley, Clifford, and Buncombe were the only three present, with their Secretary, Sir George Downing. " I do like the way of these Lords, that they admit nobody to use many words, nor do they .spend many words themselves, but in great state do hear what they see necessary, and say little themselves, but bid withdraw." ^ Later, Mr. Pepys is of opinion that Sir William Coventry is the leading man in the Commission. " I perceive Sir W. Coventry is the n:ian, and nothing done till he comes."- But Lord Ashley was not likely to allow himself to be led by Coventry, and we may be sure, with his active and eager character, his official experience, and his habits of business, that he took a prominent part in the Com- mission. All, indeed, were active, as it had been designed they should he. Clifford's activity was after- wards shown in the memorable Stop of the Exchequer. Some, indeed, regarded Ashley as the governing spirit of the Commission. Sir William Temple visited on Shaftesbury his wrath for the refusal by the Com- missioners of the customary gift of his plate when he returned in 1671 from his embassy to Holland.^ The charming Lady Fanshawe denounces Shaftesbury with all an amiable woman's anger, as "the worst of men," 1 Diary, June 3, 16C7, iv. 61. 2 August 23, 16r,7, iv. 164. s Le Clerc, BiWiotlieque Clioisie, vi. 364 ; Stringer's Fragment of Memoir in Appendix III. ; Mr. Wyclie'sMS. Vindicatioii of Shaftesbury. 1667. CLAEENDON'S FALL. 309 for a similar refusal by the Commissioners of liis plate to her husband, who had been ambassador to Spain. ^ There is no doubt that this new Commission began by endeavouring to introduce economy and order into the finances ; but this was a task beyond tlieir strength. A few months after this change at the Treasury Clarendon ceased to be Chancellor. The ureat seal was rudely taken from this illustrious and virtuous states- man on the thirty-first of August, 1667. The war with Holland, which less than three years before had been begun in national excitement against the judgment of Clarendon, and which had lately brought disaster and humiliation on England, had been terminated by treaties with Holland and with France, concluded at Breda in the previous month of July. It was necessary, the l^ng found, to do something to appease the general discontent, and Clarendon was made scapegoat. In the course of his administration he had, both in the exercise of duty and by haughty and imperious ways, made many enemies. Among the foremost of his adversaries were Arlington and Coventry; they zealously urged his removal, and were seconded by one still more powerful ^vith the King, tlic " lady," Lady Castlemaine. At this time the King was deeply enamoured of another lady at Court, the beautiful Miss Stuart, who firmly refused his dishonourable proposals, and whom in the violence of his passioa he is said to have conceived the idea of enabling himself to marry by divorcing himself on some or other pretext from his Queen. She married the Duke of Pvichmond ; and among all the causes of Clarendon's ^ Lady Faushawe's Memoirs, p. 2!)7. 310 LITE OF SHAFTESBUKY. CuAP. X. fall none appears to have been more potent with Charles than his belief that Clarendon had hastened this mar- riage to foil his own designs on Miss Stuart. Tlie subsequent persecution of Clarendon in Parliament was fanned by the King with spiteful eagerness, notwith- standing the Duke of York's most zealous efforts in his behalf. There is no pretence w^hatever for accusing Shaftes- bury, as has been done by Lord Campbell and others, of actively contributing to the fall of Clarendon. Clarendon has himself given a long and circumstantial account of his removal from tlie Chancellorship ; he had no love for Shaftesbury when lie wrote this naiTa- tive in exile ; he mentions Arlington, Sir W. Coventry, Lady Castlemaine, and others as his enemies : he does not so mention Lord Ashley. Nor is Ashley mentioned by any other historian as having a share in this event. It is true that Ashley had on various occasions opposed Clarendon's policy and opinions, and especially in 1G63 had actively concurred with Arlington, Bristol, and Eoberts in promoting a bill for indulgence to Dissenters which Clarendon disapproved. The dislike manifested by Clarendon for Shaftesbury is not greater than that which he manifests for all the younger statesmen who came forward during his Chancellorship, and did not owe their positions to himself, and exercised an independent judgment; and the warmest admirers of Clarendon's character, wliich on the whole merits admiration, must allow that he was jealous, irritable, and imperious. It is also true that Ashley, like most of Charles's ministers and friends, attended the evening 1667. ASHLEY SIDES WITH CLARENDON. 311 receptions iu Lady Castlemaine's apartment, which Clarendon \aewed. with jealousy, and where Clarendon and Southampton never appeared. The age and long devotion of these two venerable statesmen, both to Charles and to his father, empowered them to frown on the mistress ; their course deserves commendation, and, had they acted otherwise, they would have de- served blame. But Ashley's was a very different position. From an early period of his reign it was Charles's custom to pass the evening in Lady Castle- maine's apartment, and there hold what Clarendon always calls "the nightly conversation." All who attended Charles in that apartment which custom sanctioned were not debauchees nor lovers of Lady Castlemaine nor unprincipled statesmen nor unscru-' pulous enemies of Clarendon. It has been seen that in the beginning of the year 1666, the French Am- bassador reported that both Ashley and Arlington were on the best terms with Clarendon. And so far is it from being true that Ashley was Clarendon's enemy at the moment of his fall, that he really incurred the displeasure of Charles and risked disgrace, and came to be accounted a " Clarendonian " by opposition to the proposed impeachment. There is a remarkable entry on this subject in the Diary of Pepys, on Decem- l.er 30, 1667 : " Sir G. Carteret and I alone did talk of the ruinous condition we are in, the King being going to put out of the Council so many able men, such as my Lord Anglesey, Ashley, Hollis, Secretary Morrice (to bring in Mr. Trevor), and the Arclibishop of Canterbury and my Lord Bridgewater. He tells 312 LIFE OF SHAFTESBURY, Chap. X. iiie tliat this is true, only the Duke of York do en- deavour to hinder it, and the Duke of York himself did tell him so : that the King and the Duke of York do not in company disagree, but are friendly ; but that there is a core in their hearts, he doubts, which is not to be easily removed ; for these men so suffer only for their constancy to the Chancellor, or at least from the King's ill-will against him."^ A few days later, on January 5, 1668, Pepys mentions that the plan of dis- missing a certain number of privy councillors is laid aside." Ashley is mentioned in a despatch of Colbert to Louis XIV., of iSTovember 15, 1668, as one of Clarendon's party whom Buckingham had gained to himself against Arlington.^ Clarendon himself men- tions Ashley once in the narrative of his fall and per- secution in such a manner as to imply that he was an opponent of the measures of the House of Com- mons against him.^ Mr. Seymour, one of Clarendon's opponents, the future Sir Edward Seymour, Speaker of the House of Commons, " told the Lord Ashley," says Clarendon, "that the people would pull down the Chan- cellor's house first, and then those of all the Lords who adhered to him." Mr. Martyn states that Clarendon's son, Laurence Earl of Eochester, acknowledged to the grandson of Shaftesbury that his grandfather had opposed the motion for sequestering and imprisoning Clarendon on the impeachment by the Commons.s 1 Diary, iv. 302. - Id. iv. 314. 3 Mignet, Negociations relatives a la Succession d'Espagne, iii. 58. ■* Continuatiou of Life, 1189. •' Life, i. 329, note. This is stated doubtless by Martyn on Stringer's autliority. Tlie statement is made also in Mr. Wyelie's MS. Vindica- tion of Shaftesbury. 1667. clarendon's FORCED EXILE. 313 Lord Ashley's name is not to be found among the signatures to the protest entered on November 20, 1667, signed by twenty-eight peers, including Buck- ingham, Arlington, Albemarle, Bristol, and Carlisle, against the vote of the House of Lords refusing to commit Clarendon on an impeachment without par- ticular treason assigned. It may be taken for granted, then, that Lord Ashley was an opponent of the endeavour of the House of Commons to obtain the co-operation of the Lords for an impeachment on a general allegation of treason, and that his opposition was so conducted as to displease the King, bent on the ruin of his old and faithful minister. The last years of Clarendon were passed in forced exile in France, and chiefly at Montpelier. In Novem- ber 1667, he fled from England, in obedience to an order from the King, but leaving behind a manly vin- dication addressed to the House of Lords, which provoked an Act requiring him to surrender for trial before February 1, 1668, and dooming him, on failure of appear- ance, to banishment for life, to the penalties of high treason if he should return to England, and impossi- bility of pardon except by Act of Parliament. Claren- don was at Eoueu when ho heard of this Act ; he started in haste for England to accept the trial to which he was dared ; but a dano'erous illness seized him at Calais, and the time prescribed by the Act had expired before he was able to leave his bed. There was nothing now for him but exile till death. He died seven years after at Ilouen, in December 1674. The base ingratitude of Charles and the injustice of Claren- 314 LIFE OF SHAFTESBURY. Chap. X. don's contemporaries have been the gain of posterity; for the fallen statesman beguiled tlie weariness of his exUe by the composition of those memoirs of the great transactions in which he had borne so laborious a part, which, with all their inaccuracies, natural enough in one writing at a distance from his books and papers, and with all their partisanship, from which no con- temporary writer can escape, and even with their vanities and weaknesses, easy to be forgiven in one smarting in old age and in lonely exile under the world's cruellest injustice, will continue to delight, as they have long delighted, as a narrative of a most eventful period of English history, written in a style fascinating by its freshness, and constantly elevated by noble sentiments and principles. It is unnecessary, after the preceding detailed state- ment, to go through the wearisome labour of exposing all the fanciful misstatements of Lord Campbell in liis representation that Lord Ashley was prime mover of Clarendon's disgrace. At the close of the last chapter I commented on Lord Campbell's singular sneer at Lord Ashley as being during the seven years which fol- lowed the Eestoration a mere " Treasury drudge." Lord Campbell writes, in the same passage : "■ Strange to say, it was some years before he began seriously to try to undermine Clarendon." He adds that Ashley relieved the dulness of Treasury drudgery by deliberate dissi- pation. " He considered himself bound regularly to attend the King at Whitehall, to pay court to Lady Castlemaine, and to cultivate with unwearied assiduity his reputation for licentiousness, which he did so sue- 1667. CHAKGE OF LICENTIOUSNESS. 315 cessfally as even to rival that of his master. But he became tired of routine business and the life of a mere roiU, and, seeing with satisfaction the King's growing dislike to Clarendon, he took every opportunity of widening the breach between them." All these specific statements are creations of the biographer's fancy ; and he further imagines that Ashley " spirited Lady Castle- maine to seek revenge" on Lord Clarendon because he had forbidden his wife to visit her, and that his zeal M'as wdietted by hope of being made Chancellor. Shaftesbury's supposed dissolute morals and imagined long dream of the Chancellorship were pressed by Lord Campbell into his service to explain by conjecture why Cromwell refused him a daughter in marriage, which he may or may not have done, and why he (quarrelled with Cromwell.^ There is no authority whatever for Lord Campbell's precise statements about Ashley's court to Lady Castle- maine and dissipated life. It is a remarkable fact, that in Grammont's miimte scandalous chronicle of Charles's court from 1662 to 1669, Lord Ashley's name never appears. His letters to his wife, printed in this chapter, show a degree of conjugal affection and hap- piness certainly inconsistent with that character of extreme licentiousness which malicious, coarse, and shameless libellers have foisted on careless, copying biographers. I believe that a main cause of the repu- tation of licentiousness, which, once given, has stuck to Shaftesbury, is the good story, which may be true or false, of Cliarles having one day said to him, " Shaftes- 1 Sec pp. 104 au'l 120. 316 LIFE OF SHAFTESBURY. Chai'. X. bury, you are the wickedest dog in England."'^ The story is to tlie credit of Shaftesbury's wit, for he is said to have replied, " Of a subject, Sir, I believe I am." Charles's joking accusation, even if true, proves nothing. In a clever bitter tract, written against Shaftesbury towards the close of his career, when he was the mark of all eyes and the theme of every tongue, it is written that he is " temperate by nature and habit," but " rather chooses to invert nature itself than suffer a disappoint- ment in his designs of revenge ;" and that " lie accom- panies, and carouses, and contracts intimacy and amity with the lewdest debauchees in all the nation that he thinks will anyways help to forward his private in- trigues." ^ This is the casual testimony of an enemy bearing all the appearance of truth.'^ 1 This story is variously tolfl. Lord Cami)liell tells it more suitably for his purpose, but 1 do not know ou -what authority : " Shaftesbury, you are the most ]irolligate man in my dominicms." Tlie story is told by Lord Chesterfield with the words, " the greatest rogue in England." (C'hesterfield's W^orks, ii. 334, Lord Mahou's edition.) - " The Character of a Disbanded Courtier," printed in Martvn's Life, ii. 362. ■* Two letters to Lord Ashley of the period covered by this chapter may be printed here. The first is from Lauderdale about payment of a sum of money granted by the King, written to Ashley as Treasurer of Prizes. The lett(>r is interesting as referring to one of those grants to statesmen and favourites, of which it is believed that Sliaftesbury never received one. Tlie journey alluded to was doulitless Lord Ash- ley's visit to Oxford, when he made Locke's acquaintance. " AVhitehall, May 30, 1666. " My Lokd, — I have moved liis ilajesty this evening concerning pay- ment of my privy seal of 1750^., which the King granted for my use a year ago, and which you know is not assigned nor paid. I desired that it might be paid out of the discoveries of prize wool and other goods, which is no part of Mr. Killigrew's discovery. This his ilaj(>sty was pleased very readily to grant at first word. I then asked his Majesty if lie would allow me to signify so much to your Lordship, and the King commanded me to let your Lordship know so much from him, which I am .sure he will tell you when he sees you. I do heartily wish you 1667. LETTER OF DOWAGER QUEEN, 317 a good journey and a happy return. You will please to order Mr. Kingdon to come and speak with " Your Lordship's faithfullest servant, " Lauderdaill. " The other letter is from the Dowager Queen of England, Henrietta Maria, about the payment of hei- pension, and it is printed literatim. "COLOMBE ce 14 Amjusi, 1G67. "My Lord Ashley, Testime que je fais de vrepersonne me persuade ([Ue je reecuere dans les elioses qui regardent lues affaires et assigna- tions pour ma pention toutes les facilitations qui depandront de vos offices et ministere ce dont je vous en prie et en mesme temps de Yous assurer que je rechercheray de mou coste les occations de vous temoygner nies ressentiments avec les mesme soings et que je suis avec toute sorte de verite " Vfe bien bonne amie " Henkiette Marie R. " Pour milord Ashley." APPENDICES. APPENDICES TO VOL. I. I'AOR Appendix I. ' iii Fragment of Autobiography, from birth (1021) to lt_I39. Appendix II xxv Autobiographical Sketch from birth (1<321) to end of 1645, tbllowed by a Diary from January 1, 1646, to July 10, 1650. Appendix III Ivi Suppressed Passages of Edmund Ludlow's ilemoirs, re- ferring to Sir Anthony Ashley Cooper, collecteil by John Locke, 1653—1660. Appendix IV Ixiii Speech in Richard C'romwell's Parliament, JMan-h 28, 1651). Appendix V Ixxiv A Letter from Sir Anthony Ashley Cooper, Thomas Scot, Josias Berners, and John Weaver, Esquires, delivered to the Lord Fleetwood, o'miing their late actions, in endeavouring to secure the Tower of London for the better service of the City and Commonwealth, December 16, 1659. Appendix YI Ixxviii A Proviso for the Bill of Uniformity, presented to the House of Peers from the King by the Lord Chancellor, March 17, 1662 ; and a Bill, entitled" An Act concerning His Majesty's power in Ecclesiastical Affairs," presented to the House of Peers, February 23, 1663, by Lord Iioberts, Lord Privy Seal. VOL. I. a APPENDIX I. Fragment of A'utobiogra2jhi/, from birth (1621) to 1639.^ "Whoever considers the numl)er and the power of the adver- saries I have met with, and how studiously they have, under the authority of both Church and State, dispersed the most villanous slanders of me, will think it necessary that I in this follow the French fashion, and write my own Memoirs, that it may appear to the world on what ground or motives they came to be my enemies, and with what truth and justice they have prosecuted their quarrel ;- and if in this whole narration 1 This fragment is printed from a copy at St. Giles's. "With the copy are two pages of the original in Shaftesbnry's hanchvritiug, reach- ing only to the top of p. vi. So far the copy entirely agrees with the original. The rest of the original has nut been found. There are possibly a few nnstakes in the copy. 2 The opening passage of this fragment makes it clear that Shaftes- bury composed it in his old age. Mr. ilartyn states that a woi'k, of which this fragment was only the beginning, was entrusted by Shaftesbury, when he fled to Holland, to the cai-e of Locke, who, after Shaftesbury's death and Algernon Sydney's execution, burnt it from fear of the court (Life, i. 3, 10). He gives no authority for these statements, and I am not aware of any. The story is probably a fable. There is no reference to any part of this story in any Life of Locke, nor in any of his published correspondence, nor in his letters existing at St. Giles's (among which, besides many to the grandson, the author of the "Characteristics," are some ^\•l■itten shortly after Shaftesbury's death to his widow and his son), nor in any of the Shaltesbury papers, nor in the Locke papers which I have examined at the Earl of Lovelace's. It is not probable tlmt Slmrti'sbury had regularly composed the work much beyond where this fragment ends. The only other possible pai'ts of the work in existence are the two short notes for the year 1640, printed in Chapter IL, the fragment of a narrative of events in 1659, printed in Chapter VIL, and an account of the state a 2 iv APPENDIX I. 1621. they find me false or partial in any particular, I give up the whole to "whatever censure they Avill make. My birth was at Wimliorn St. Gyles^ in the county of Dorsett, on the 22d day of July, 1621, early in the morning; my parents on hoth sides of a noble stock, being of the first rank of gentry in those countries where they lived. My mother's name was Anne, the sole daughter and heir of Sir Anthony Ashley, knight and baronet, lord of the manor and place where I was born : my father, Sii' John Cooj)er, knight and baronet, son of Sk John Cooper, of Itockborn in the county of Hamshyre. I was christened b)^ the name of Anthony Ashley, for, notwithstanding my grandfiither had articled with my father and his guardians that he should change his name to Ashley, yet, to make all sure in the eldest, he resolved to add his name, so that it should not be parted with. Sir Anthony Ashley was of great age, but of strong sense and health ; he had been for wisdom, courage, experience, skill in weapon, agility, and strength of body scarce paralleled in his age, of a large mind in all his actions, his person of the lowest. His daughter was of the same stature, a modest and a virtuous woman, of a weaker mould, and not so stirring a mind as her father. Sir John Cooi^er was very lovely and graceful both in face and person, of a moderate stature, neither too high nor too low, of an easy and an affable nature, fair and just in all affairs. Sir Anthony Ashley, although near fourscore, had married a young lady that was under twenty years of age, near of kin to the then great favourite, the Duke of Buckingham, from of idfairs on the opeiiinir of the parliament in March 1679, wliich aj)])ears in the second volume. But these were all possibly separate .snatches of comiwsitiou. The following short paper of "(Queries," relating to this fragment, is among the papers at St. Giles's in Shaftes- Inny's handwriting ; there is no trace of other similar notes or queries. " Queries : — 1. Dr. Olivian was of the Palatinate or Bohemia. 2. The time of my grandfather's death ; 3. of my mother's; 4. of mj'' tatlier's ; 5. of Sir Francis Ashley's ; 6. of Sir Daniel Norton's ; 7. of my going to Oxford; 8. When Dr. Eeynolds and Mr. Carvill were preachers at Lincoln's Inn. 9. The time of tucking freshmen." 1 1 generally follow the manuscript for the spelling of names. The same names are sometimes diiferently spelt in the same manuscript. i''f>r ordinary ''\'m'. There is a jiortiait of this Hon. Henry PFastings at St. Giles's, and an engraving hom the portrait in Hutchins's Hist, of Dorset, ii. 510. VOL. I. h xviii APPENDIX I. 1639. of it. Mr. Carent was of a good estate, and of a very ancient family, a lean, tall old man, very worthy and honest. Mr, Hooper was a judicious, discreet country gentleman, of a good estate. Mr. Chafm Avas a personable, well-carriaged man of a good estate, wanted neither understanding nor value for himself, was an enemy to the Puritan party. These were the men of most consideration and sway that resorted to that meeting; but in that eastern part of the county there were other men of power that came not to the meetin". Sir Walter Earl of Charborow, Mr. Hannam of Wimborn, both Avorthy and honest gentlemen, lovers of their country, and no admirers of Mr. Eogers his way. Sir Walter had been a Low Country soldier, valued himself upon the sieges and service he had been in ; his garden was cut into redoubts and works representing these places, his house hung with the maps of those sieges and lights had been most famous in those parts. They were both inclined to the Puritan. Sir Francis Fulford, Mv. John Tregonwell of Milton, and Mr. Thomas Tregonwell of Anderson, may be also reckoned among the eastern men, since their seats are much nearer Blandford than Dorchester. Sir Francis Fulford was of a very ancient and noble family in Devonshire, had an estate and lived most in our country. Colonel Bingham was of a very noble and ancient family that had been possessed, and left their names to many towns, in this county and Somerset ; he had now a good estate, and was a very honest, good man, and a Puritan. Mr. John Tregonwell enjoyed his nightcaps, his poached eggs, his chamber pleasures, and thought no further of the world. Mr. Thomas Tregonwell was perfectly his father's son. These two had the old man's estate almost equally divided, so that he that had least, which was the yo;ingest, had near 1,700/. per annum. The western side afforded several men of quality, the Earl of Bristoll at Sherborn and his son the Lord Digby, Sir John Strangwaies of Abotsbury, Sir John Heal of Clifton, Sir Thomas Trenchard of Woolton, Mr. Coker of Maypouder, Mr. Angell Gray,^ and divers others. The Earl of Bristol was retired from all business, and lived privately to himself ; but his son, the Lord Digby, a very handsome young man, of great courage and learning, and of a quick wit, began to show 1 Mr. Anchitell Grey, mentioned by Clarendon as a Dorsetsliire royalist. (Hist, of lieliellion, ix. 17.) 1639. FRAGMENT OF AUTOBIOGRAPHY. xix himself to the world, and gave great expectations of himself, he being justly admired by all, and only gave himself dis- advantage Avith a pedantic stiffness and affectation he had contracted.^ Sir John Strangwaies was very considerable both for estate and family, a wise, crafty, experienced man, but extremely narrow in expenses, a great enemy of the Puritans ;- Sir Thomas Trenchard, of a very noble family and good estate, a very lionest, well-natured, worthy man, a favourer of the Puritans.^ Sir John Heal had a very great estate, was a personable, well-natured, honest gentleman, very generous, kept a great house ; his fault was only that he loved the cup, and that way of over-caressing his friends. Mr. Coker, of a very ancient family, and a most worthy, dis- creet gentleman, very knowing in the justice, government, 1 Lord Digby, afterwards second Earl of Bristol, was uow twent}'- seven. In four years from this time he was Secretary of State to Charles the First. He succeeded to the title of Earl of Bristol iu 16.53. He became a Roman Catholic before the Restoration. He was born in 1612, and died in 1677. Being an avowed Roman Catholic, he was not admitted to oflice iu Charles 11. 's reign ; but he from time to time exercised gi'eat influence over the King; and he was at times out of favour and in opposition. In the violent debates of the House of Lords in 1675 Bristol made an attack on Shaftesbury; the House iuterfereil and ordered Bristol to beg pardon, and resolved that what he had said had made no impression on them to Shaftesbury's j^rejudice (Lords' Journ. Nov. 20, 1675.) Shortly before, his sou, Lord Digby, had made a violent speecli against Shaftesbury at a public meeting in Dorsetshire (August 27, 1675), for which Shaftesbury brought an action and obtained a thousand pounds damages. 2 In 1644 Sir A. A. C'ooptr at the head of a parliamentary force stormed and destroyed the house of Sii' John Straugways, at Abljotslnuy (chap. iii. p. 62). Sir John died iu 1666. His heir. Colonel Giles Straugways, inherited Cavalier iiolitics ; he was member for Dorsetshire in the Long Parliament of Charles the Second's reign, made himself con- spicuous iu support of the Court and in opposition to the Protestant dissenters, and was made a member of the Pri\y Council in 1675. Roger Noi'th in his "E.xamen" speaks of Straugways with great admiration as Shaftesbury's great opponent in Dorsetshire, and as having organized the oi)position to Shaftesbiny when Chancellor for his having issued WTits for the House of Commons. s The Trenchards had been long seated at Woolton, Wolveton or Wolverton, near Dorchester. This Sir Thomas was sixth iu descent from the Sir Thomas Trciuchard who, in 1506, entertained at Wol- verton Philip, king of Castile, driven by a storm into the port of Weymouth. A gi-andson of his, Sir John Trenchard, was accused with Russell and Sydney for the Rye House Plot, but escaped con- viction, had afterwards another narrow escape for his life, having joined Monmouth'.s relielliou, and ultimately became Secretary of State under William III. h 2 XX APPENDIX I. 1639. and affairs of tlie country, of a good pstate. Mr. Gray wanted neither discretion nor ciinninof, no friend to the Puritan, and by consequence not in love with his neiiilibours of Dorchester, who were totally devoted that way, being managed by their parson, Mr. "White, one of the wisest and subtlest of that sort of men. This was the state of Dorsetshyre at that time. The neigh- bour county of Somersett was then divided into two warm factions, 8ir John Stowel and my Lord PaAvlett leading the oue side, Sir Eobert Philips and INTr. John Coventry the other. Sir John was one of a very ancient family, very great estate, haughty and obstinate.^ The Lord Pawlett was a cunning, crafty old fox.- Sir Eobert Philips was a very able, well accomplished man, and Mr. Coventry being eldest son by the last lady to my Lord Keeper,' had married a lady of the family of Coles,^ who had a very good fortune in that county. He had besides the support of his father's greatness all that nature or education could do for him, and was every way an extraordinary person, and had continued so, if he had not drowned much of that and his health in sacrificing to Eacchus. This country evil began to spread itself into Dorsetshyre. Mr. Eogers his aml»ition and his ill-will to me gave me the alarm to provide against him and to prosecute my design to make him to be understood by his greatest and most potent 1 Sir Jolm Stowel or Stawel was a zealous royalist, and a chief promoter of the Western Counties' Association oi-ganized in 1G4.5 for effectiuif peace, through the clubmen. (Clarendon's Hist, of Rebellion, viii. '2uS.) The part which he took in this Association is exactly such as is wrongly ascribed to Shal'tesbury in Locke's fragment of a Memoir. 2 The first Baron Pawlett, Paulett, or Poulett, created a peer by Charles I., grandson of Sir Arnias Pawlett. 3 Lord Coventry, the Lord Keeper, was twice married ; first to Sarah, daughter of Edward Sel)right, esq. of Besford in Worcestershire, by Avhom he had a son, 'J'homas, who succeeded to his title, and a daughter, Elizabeth, who married Sir John Hare of Stow-Bardolph in Norfolk ; and secondly to Elizabeth, daughter of John Aldersey, Esq. of Spenstow in Cheshire, liy whom he had four sons, John, Francis, Henry, and William, and four daughters, Anne, married to Sir William Savile, bart. , and mother of the Manpiis of Halifax, Mar}' to Sir Henry Frederic Thyune, l)art. , Margaret to Sir A. A. Coo]ier, and Dorothy to Sir John Pakington, bart. Sir John Coventry, whose nose was slit by the courtiers in Charles the Second's reign, was the son of the Mr. Coventry described by Shaftesbury in the text, the eldest son of the Lord Keeper's second marriage. * This name is usually spelt Colics : a known Somersetshire name. lO'SQ. FEAGxMENT OF AUTOBIOGEAPHY. XXI neighbours, Sir John Strangwaies, Sir Gerard I^appeir, and Sir John Heal, that all justly thought themselves at least his equals, and were easily brought to apprehend him as one who expected to command us all, and valued himself to the Court as already doing so. Matters thus standing in the West, my wife continuing at her father's house, my Lord Keeper's eldest son, Mr. Thomas Coventry, an honest fair direct man, carried me with him to see his house in Worcestershyre, where we stayed some time, and I grew in great respect in those parts for a pleasant easy humour, but especially in the tov^n of Tewkesl lerry by an accident. They having invited their neighbour, my Lord Keeper's son, to a hunting in the chace near them and a dinner at their town after, all the neighbour gentry were called in to grace the matter, who failed not to appear and pay a respect not only to the town, but so powerful a neigli- bour. At the hunting I was taken with one of my usual fits, which for divers years had hardly missed me one day, which lasted for an hour, betwixt eleven and one, sometimes Ijegin- ning earlier and sometimes later betwixt those times. It was a violent pain of my left side, that I Avas often forced to lie down wherever I was ; at last it forced a working in my stomach, and I put up some spoonfuls of clear Avater, and I was well, if I may call that so, when I was never without a dull aching pain of that side. Yet this never abated the cheerfulness of my temper ; but, when in the greatest fits, I hated pitying and loved merry com[)any, and, as they told me, was myself very pleasant when the dro]DS fell from my ftice for pain ; but then, my servant near me always desired they would not take notice of it, but continue their diversions, which was more acceptable to me ; and I had always the women and young people about me at those times, who thought me acceptable to them, and peradventure the more admired me because they saw the visible symptoms of my pain, which caused in all others so contrary an effect. At this hunting the Bailiffs^ and chief of the town, being no hard riders, were easily led Ijy their civility to keep me company, and being informed of my humour, we were very pleasant together, and they thought themselves obliged with my respect, as liking their company and being free with them. 1 The chief officers of Tewkesbury were two Bailills, annually elected by the burgesses, tweuty-foiir in minibrr, I'roni their own body. XXli APPENDIX I. 1640. On the other hand, I v^^as ready to make them any return of their kindness, which quickly offered itself, for part of our discour«e had been of an old knight in the field, a crafty perverse rich man, in power as being of the Queen's Privy Council, a bitter enemy of the town and Puritans as rather inclined the Popish way. This man's character and all his story I had learnt of them. At dinner the Bailiffs sat at the table's end ; Sir Harry Spiller and myself, opposite to one another, sat near them, but one betwixt. Sir Harry began the dinner with all the affronts and dislikes he could put on the Bailiffs or their entertainment, which enraged and dis- countenanced them and the rest of the town that stood behind us ; and the more, it being in the face of the best gentlemen of the country, and when they resolved to appear in their best colours. When the first course was near spent, and he continued his rough raillery, I thought it my duty, eating their bread, to defend their cause the best I could, which I did with so good success, not spariug the bitterest retorts I could make him, which his way in the world afforded matter for, that I had a perfect victory over him. This gained the townsnien's hearts, and their wives to boot ; I was made free of the towm, and the next parliament, though absent, without a penny charge, was chosen Burgess by an unanimous vote.^ Duriug this time of my youthful days and pleasant humour I had one accommodation which was very agreeable, a servant that waited on me in my chamber, one Pyne, a younger brother of a good family, every way of my shape and limbs and height, only our faces and the colour and manner of our hair was not alike ; mine was then a flaxen inclined to browm, soft, and turning at the ends ; his was dark brown, thick, bushy, hard, curled all over. My stockings, shoes, clothes, were all exactly fit for him ; my hat, though my head was long and big and his round and little, yet he wore his hair so long and so thick that it served him reasonably well, that being the only part of my clothes that he could not buy and fit me by his own trial. His great felicity was to wear my clothes the next day after I had left them off, so very often appearing in the same suit of clothes I had worn the day before. He had a strong mechanic genius, he quickly learnt ^ For the parliament whicli met April 13, 1640, the fourth parlia- ment of Charles I., which sat only three weeks, and is called the Short Parliament. 1640. FKAGMENT OF AUTOBIOGRAPHY. XXlll to trim me, and all the art of any tradesman I used, but especiall}^ he Av^as an excellent sempster ; he sewed and cut out any linen for men or women, equal if not beyond any of the trade, and he never went without patterns of the newest fashions ; and, as soon as I alighted at any place, I was hardly in the parlour before my man had got to the nursery or laundry, and, though he was never there before, his confidence gave him entrance, and his science in that art they had most use of gave him welcome, and his readiness to teach and im- part his sldll and to put them and their ladies into the new- est fashions gave him an intimacy especially Avith the most forward and prating wenches, those he expected his best return from, which was besides the usual traffic and commerce of kisses (the constant trade betwixt young men and women), the intelligence of all the intrigues of the famih^, which he with all haste conveyed to me, and I managed to the most mirth and jollity I could. My skill in palmistry and telling fortunes, Avhich for my diversion I professed, was much assisted by this intelligence, and gave me choice of opportunities which some would have made Avorse use of than I did. Thus I have set down my youthful time. What follows is a time of business which overtook me early, and the rest of my life is not Avithout great mixtures of the public concern, and must be much intermingled with the history of the times, and therefore it Avill be necessary to give you a state of them as they then stood in the beginning of the year 1G39. Our Eeformation in England was begun by Henry the Eighth, a vigorous and haughty prince, who found himself affronted by the Pope, and, resolving to avenge it, cast off his power, and made himself head of the Church and Avas by act of parliament acknowledged to be so as of ancient right, and as annexed to his imperial croAvn and dignity, and that the names of spirituality and temporality were but terms that did distinguish his people, Avhicli imder him made but one body ; and that the king might by his letters-patent nominate and present bishops Avithout any other election : that all eccle- siastical hiAvs, canons, and constitutions that are net expressly founded in God's Avord, are but human laAA^s, and may be altered, enacted, or dispensed with as shall seem meet by the King and his two Houses of Parliament. The next thing he attempted Avas to pull down the abbeys and priories, Avherein he disbanded the greatest and surest strength the Pope had, they being his creatures and vassals. Besides, Avith their XXIV APPENDIX I. 1640. estates lie secured the noLility and gentry to liim and his design. Edward the Sixth, his son, reformed the doctrine ; his first act of Parhament introduces communion in both kinds, liis second act enables the king without election to constitute archbishops and bishops. In his third year he establishes by act of parliament a new liturgy in the Enghsh tongue, which being drawn up by men of great moderation and prudence, they retain as much of the old service and mass-book as would a"Tee with the true doctrine and the Scriptures, not affecting a departure from what was before without evident and convincing reason, that they might give just scandal to none, but invite all to embrace the truth now in following the footsteps of the Apostles amongst the Jews. The chief of them, being Archl:)ishop Cranmer and other eminent divines, in answer to certain queries the King put to them at "Windsor, declare under their hands and seals that bishops and priests were not two things, but both one office in the beginiring of Christ's religion ; that there needeth no consecration by the Scriptures, for election or appointing thereunto is sufficient ; that Christian princes may make or appoint a bishop or a priest, and that the people formerly did elect or ajtpoint them ; that the bishops or priests cannot excommunicate where the law forbids, and that such as be no priests may, when the law allows them thereunto. This glorious Reformation was hardly settled when Queen Mary succeeds her brother, and makes a furious, bloody, and violent return of all things in the Eomish Church ; only the Church-lands were refused by the nobility and gentry to be restored notwithstanding.^ ^o- 1 This frngment liere ends al.)ru|itly. APPENDIX 11. Autobiographical Sketch from h/rth (1G21) (o end of 1645, folloived by a Dlari/ from January 1, 1G4G, to July 10, 1G50.1 Sir Anthony Astley^ Cooper, baronet, -was born at St. Giles Wimborne, in the county of Dorsett, a.u. 1G21, on tlie 22d day of July, early in the morn, being tiie eldest child then living of his father and mother. He was nursed at Cranborne by one Persee, a tanner's wife. At six years old he lost his grandfather. Sir Anthony Astley. Presently after this, his father falling sick of the small-pox, he and his brother and sister, George and Philippa, he above four years younger and she just two years younger, were removed to Eockborne, a house of Sir John's in Hant- shyre. His father recovering, his mother fell sick of the same disease and died, upon which the children were again removed to Whitsbury,- a house of Sir John's in the same county. Within two months after they were again removed to Giles Wimborne, where they continued above a year, when Sir ^ Almost the whole of this Life and Diary is printed from an original manuscript of Shaftesbury, which goes as far as December '29, 1648. The small remainder to July 10, 1050, is printed from a copy at St. Giles's. The reader will see at p. xxxii. that the Autobiographical Sketch M-hich precedes the Diary was written in January 164(J. '^ Spelt Astley always by Shaftesbury in this manuscript. The name of the Norfolk family of Astley is frequently spelt Ashley in books of the time, as in Ludlow and Clarendon. Henct; confusion has in one in.stance arisen between Sir Anthony Asldey Cooper and Sir Jacob Astley. See p. xli. The name Cooyier is once spelt Couper in this manuscript, and once Cowper ; and 1 have seen it sjjclt both ways in other papers. The Earls Cowper descend from an intimate iriend of Shaftesbury in later life, but ajjparently no relative, Sir William Cooper, whose name was always spelt Cooper. •* Whitsbury, W'hichbur^-, also often spelt ■\Vhitel>ury. XXVI APPENDIX II. 1640. John marrying the Lady Morrison, widow to Sir Charles, and eldest daughter and. co-heir to the Lord Viscount Camb- den, they were removed to Cashiobery in Hartfordshyre, where they continued two years ; only one summer Sir John and his whole family dwelt at Giles Wimborne. Sir John Couper, at the two years' end dying of a con- sumption, left his eldest son to Sir LJaniell Norton, a kinsman, and Mr. Toolver, his brother-in-law ; so that he was removed to Southwicke in Hampshyre, Sir Daniell's house, where he dwelt hve years, only divers times he went with Sir Daniell to London. Mr. Guerden, a fellow of Queen's College in Cambridge, since doctor of physic in London, was his tutor at Giles Wimborne and Cashiobery. But Mr. Fletcher was his tutor the first four years at Southwicke, and the last year one Mr. ,^ of Oriell College in Oxford, a master of arts. Sir Daniel JSTorton dying, he removed from thence to his uncle Looker's house at Sarum, where, and at his said uncle's house at Madenton, he lived one year. Then, being sixteen years old, he went to Oxford, where he was of Exeter College ; Doctor Prideaux, then rector of the College and doctor of the chapel, since Bishop of Worcester, being his tutor, and. Mr. Hussey, since minister of Hinton Martin, being his servitor. He went from Oxford but a little before his marriage, which was on Shrove IMonday, being the 25th February, 1638,^ he being under the age of eighteen, to Margarett, the daughter of Thomas Lord Coventry, keeper of the Great Seal, a woman of excellent beauty, and incomparable in gifts of nature and virtue. After his marriage, he lived with the Lord Keeper at Durr- ham House and Canbury, till the Lord Keeper's death, which was in January, 1639,-" after which my lady kept the house a year at these two places. In March 1640 he was by a general and free election of the town of Tewkesbury chosen their first burgess for the jiarliament, in which short parliament he served them faith- fully.^ ' There is lvc(l on May 5, 1640. 1642. AUTOBIOGRAPHICAL SKETCH. XXvii For this happy parliament/ which was called the latter end of the same year, he was chosen a burgess for Downton in Wntshyre, in the place of l^Tr. William Herbert, second son to the Earl of Pembrooke, who was chosen knight also of a county in Wales ; Mr. Gorge, eldest son to the Lord Gorge,^ was also returned ; but at the Committee for Privileges it was clearly decided for Sir Anthony, yet no report yet made of it. My Lady Coventry leaving off the housekeeping, Lord Coventry and his brother Sir Anthony kept house together in Westminsterj at Dorchester House. -^ In 104:1 he Avent to Stow to see his sister, the Lady Hare,^ and went through the most part of JSTorfoIk. 1642. He about the end of March removed his lady to Euflbrd in aSTotinghamshyre," and returned to London, and so into the West, and stayed not there, but returned by Croome,*^ in Worcestershyre, where the Lord Coventry then was, to Ptufford. He was with the King at ISTotingham and Darby, but only as a spectator, having not as yet adhered against the Parliament. Only being named by ordinance a deputy-lieutenant for Dorsett, he returned fromEulford; the whole family removed to Thornehill in Yorkshyre, another house of Sir William Savile's. From Thornehill, the county being unquiet. Sir Anthony, his lady, the Lady Savile, and the Lady Packington, her sisters, removed to Bishop Aukland in Durrham, Avhere they lived some months ; only for some weeks they were forced ^ The famous Loiif^ Parliament ; and it is important to note this passage, written by Sir A. A. Cooper in January 1646, after lie had retired from military service, as it shows his continued devotion to the Tarliament. 2 Lord George, Gorge, or Gorges, of a family anciently estaWishod in Wiltshire and Dorsetshire, and the first and last Baron. See Banks's Extinct and Dormant Peerages, i. 329, and Hutchins's Hist, of Dorset, iii. 30. The name is also spelt George ; Sir S. d'Ewes so spells it. ^ Dorchester House was in Covent Garden. ^ Elizabeth, daughter of tirst Lord Coventrj', married to Sir John Hare, hart., of Stow Bardolph, Norfolk, and Sir A. A. Coojier's sister-in-law. 5 The seat of Sir William Savile, his brother-in-law, married to a daughter of Lord Coventry. ^ Croome d'Abitot, the seat of Lord Coventrv. XXVlll APPENDIX II. 1643. to. retire to the city of Durrhaui and to K"ewcastle. They lived at Mr. Wren his house in Aukland jDarish. From hence, in the heginning of February, the county being much unquiet, the laihes with 8ir Antliony took a journey tlarough Stainmore and Westmoreland, Lancashyrc, Chessyre, and jSTorth Wales to Shrewsbery ; by the way they went through the towns of Kendall, Lancaster, Preston, Lerpole,^ Chester, Wrexham. At Shrewsbery they lived some Aveeks, and then removed to Upton Crescett, in the same county, ]\[r. Oescett's house, where the Lady Thynne, their eldi r sister, was. From thence after some time they removed to Cause Castle, Sir Henry Thynne's house, in the same county. 1G43. Sir Anthony left the ladies, and Avent into Dorsett to his house at St. Giles Wimborne, where he continued generally till, the Lord Marquess Hertford^ coming into the i;ounty, he was employed for the treating with the towns of Dorchester and Weymouth to surrender, the commission being directed to him, JSTaj^per, Hele,^ Cgle, which they effected, and Sir Anthony Avas l)y the gentlemen of the county desired to attend the King with their desires and the state of the county. Sir Anthony w^as by Marquess Hertford made governor of the towns of Weymouth and Melcombe and the Isle of Portland, and the castles of Sandesfoote and Portland, colonel of a regiment of foot, and captain of a troop of Jiorse. 1 Liverpool. 2 William Seymour, ]\Iar(|i;is of Hertford, so raised from tlie rank of Earl in 1640, (^nx-at-grandson of the Protector Duke of Somerset. Hertford had incurred tlie anger of James I. by marrying Arabella Stuart of ro_yal blood, and had been committed to the Tower, Avhence he effected his escape. His wife soon died, and he made a second marriage with a daughter of the Earl of Essex, sister of the first parliamentary General-in-chief. This is the lady mentioned in the later Diaiy. On the breaking out of the civil war, Hertford was appointed Commander-in-chief of the Iving's western army, but he was soon superseded bj^ Prince Maurice. Hertford's constancy and services to the royal cause were rewarded immediately after the Restoration by his being created Duke of Somerset with a reversal of the Protector's attainder : but he lived only a few Aveeks to enjoy his new honours. He died in October 1(560. There is no ground for Mr. ]\Iartyn's state- ment that Shaftesbury was a relation of the iianpiis of Hertford (Life, i. 138, 141). •* Sir Gerard Napper, Nappeir, or Na])ier, and Sir John Hele or Heal. Sec Autobiography, p. xvii. 1644. AUTOBIO(iEAPIlICAL SKT^TCH. XXIX He raised a full regiment of foot and a troop of horse at his o^\ai cliarge. Some months after this, j\Iar(|uess Hertford's commission was taken away, yet Sir Anthony had a con- tinuation of all his commands under the King's own hand, and he was made high sheriff of the county of Dorsett, and president of the council of war for those parts. ISTotwith standing, he now plainly seeing tlie King's aim destructive to religion and the state, and though he had an assurance of the harony of Astley Castle,^ which had formerly belonged to that funily, and that but two days before he received a letter from the Kiny's own hand of lar^e promises and thanks for his service, yet in February he delivered up all his commissions to Ashburneham, and privately came away to the Parliament, leaving all his estate in the King's quarters, 500/. a year full-stocked, two houses well furnished, to the mercy of the enemy, resolving to cast himself on God and to follovv^ the dictates of a good conscience. Yet he never in the least betrayed the King's service, but while he was Avith him was always faithful. The hrst place he came to of the Parliament's quarters was Hurst Castle, where Captain Buchester was governor. From thence he Avent into the Isle of Wight, to Portsmouth, Chichester, and London, Avhere he dwelt at Dorchester House in Westminster, and his lady came to him about the middle of March, Avhom he had not seen in a year before. 1644. After Weymouth Avas taken in^ by the Lord General Essex, the Committee for Dorsett, going into the country, desired Sir Anthony's company with them, which he did:'^ and presently after they drawing in the forces of their county into a body, consisting of seven regiments of horse and foot, gave him a commission to command as Field Marshal General, with Avhidi they besieged Wareham, and havuig received an addition of a thousand horse and dras:roons under o 1 In Wiltshire, Avlience the Ashleys of Wimhonio St. Giles came. See Cokarently no report was made. See chapter III. p. 76 of "Life." 4 See Bankes's "Story of Corfe Castle," p. 215. Sir Thomas Fairfax was now General in tlie place of the Earl of Essex, and was now at Ottery St. Marj"-, Autree, or Ottree, as it is variously written in books of that time, besieging Exeter. (Sprigge's Anglia Rediviva, p. 151 and seqq. ; Bell's Fairfax Correspon(k>uce, i. 257, 263 ; Clarendon's History of Rebellion, v. 288.) Cooper's mission to Fairfax on tliis occasion was probably ex(dusive,ly civil. He probably ceased to act as a niilitary commander after the new modelling of the army whicli had taken place in this year ; he was not included in the new model. See p. 75 of " Life." XXxii APPENDIX II. 1646. In the end of tliis niontli lie returned to Oxsted in Surrey. This was writ in January 1045.^ 1646. January \&t. I was at Oxsted in Surrey, the Lady Capell'i:!, whither I came out of the "West, 26th Decemher. Wi. I came to London; lodge at Mr. Tarver's in Holborn. 9?A. I seided a new lease to John Bates, of his house in Ely Reirts for five years more than the twenty-one he had in his former, so that his term is to 1G70 ; this was granted in regard he had built a considerable part of his house new. His rent is 5/. yearly. I sealed another lease to John Hancock, which makes his old term full twenty-one years in another house of the same liberty ; his rent 8/. yearly. This M'as freely granted him because he had been an old faithful serA'ant to our family. \Wi. I went to Oxsted, where my wife has been this half- year. 22f/. I came to London to Mr. Tarver's. I entertained- Henry Shergall again. 24^/(. I paid INIr. John Collins 100^. borrowed of him by a bond dated the 5th day of August, 1645, and had the bcnid delivered up, wliich was by me cancelled : and il. for half a year's interest. The. aforesaid 104/. ims paid the day ahove-said, by me for the use robably the George Cooper who was made one of the commissioners of the Admiralty by the Hump Parliament on its second restoration in December 1659, to which his elder brother jirominently contributed. (Kcnnet's Chronicle, p. 35.) He is also probably the George Cooper who was member for I'oole in the Couwiition Parliament of 16'60. (Willis, Kot. Pari, ii. 411.) - So apparently iu the manuscript. xlvi APPENDIX II. 1647. October 8th. T came to Damerliani and kept court there, and went that night to Allholland. 9th. I kept court at St. Cliles Wimborne. ll^A. I kept court at Hinton Martin. 12th. I returned to Salislniry. 19//i. I went from Salisbury to Farneham. 20th. I came to Oxsted to my Lady Coventry's. 25th. I came to my house in Holborne at London. 30th. I went to Oxsted. JVovemher 1st. I came to Alton in Hamshyre. 2nd. I came to Salisluiry to my house. Gth. The bond wherein I was bound with my brother John Coventry, the one to Mrs. Anne, the other to Mrs. Dorothy Aubery, both dated 15th July 1647, the one for 150/., the other for 240/., were cancelled, and I delivered up my counter bonds. 8/A. I came to Hartford bridge in my way to London and fell sick there of a looseness, and was forced to stay there till the 1 2th. 12th. I came to my house in Holborne at London. The little ship called the Rose, wherein I have a quarter part, which Avent for Guinea, came to town this term (blessed be God !). She has been out about a year, and we shall but make our money. 27th. I went with my brother John Coventry to Oxsted, to see my Lady Coventry, and my sister Packington, who was lately delivered of her daughter INIargarett. 29th. "We returned to London to my house in Holborne. This term I paid Mr. Eowes his 360/., which I borrowed of him in Easter term last. This term my cousin Wallop conveyed Ely Rents to me which he had in trust, being bought by me formerly of my father's estate for 1,800/. December 2nd. I came from London to Bagshot. Zrd. I came to Andover. 4//i. I came home to my house in Salisbury. 20th. I went to Tollard to ]\Ir. Plott's. 21.s^. I went to Blandford and returned to Tollard, 22nd. I returned to Salisbury. 26/A. My Avife w^as delivered at seven o'clock in the even- ing of a dead maid child : she was within a fortnight of her time. 1C48. January 11th. I went to Blandford to the quarter 1648. DIARY. xlvii sessions, where Mr. Hussey gave the charge. Sir A. A. Cooper, Sir Thomas Treuchard, Mr. Tliomas Erie, Mr. John Tregunwell, Mr. Hannam, Colonel Sidenham, Colonel Coker, Colonel Brodrip, Mr. Hugh Windham, Mr. Chettle, Mr. \yhitway, Mr. Arnold, Colonel Fitzjames, were justices. January \iih. We sat there in a committee, the High-sheriff, Sir A. A. Cooper, Sir Thomas Trenchard, Mr. Erie, Colonel Fitzjames, Colonel Coker, Mr. Chettle, Colonel Brodrip, Mr. Hussey, Mr. Whitway, j\Ir. Bury. \bth. I returned to my house in Sarum. 1\st. My hrother John Coventry sealed a deed of all his lands to me. Sir Gerard jN'apper, Thomas Child, and Edmund Hoskins, Esqrs., for the payment of those debts we are engaged for liim. I paid Sir Gerard J^apper 500^. I owed him on bond, and burned the bond. I borrowed .500/. of Mr. William Hinton ; my brother Coventry and nnele Tooker were bound with me ; I gave them my counter bonds. This month I bought of one Jeffery some tenements in Gussage, which cost me sixty and odd pounds. This month, Mr. Hastings and Mr. Hoojier, feofees in trust for my father's estate, conveyed to me the manor of Pawlett, for which I paid formerly to the Court of Wards 2, .500/. Mem.: I have purchased, not mentioned in this book, a tenement called Suddon Hill, which cost me 600/., and a tenement in Staflbrdshyre in Ham, which cost me 200/. Frhruari/ Slh. I went to Hinton Martin, lay at Allholland at Goddard's. 9th. I returned to Sarum. llth. I had my writ of discharge from being Sheriff of Wiltshyre delivered me by my uncle Tooker, who succeeded me in my office. I4th. I fell sick of a tertian ague, whereof I had but five fits, through the mercy of the Lord. March. I went and waited on the Judges at their lodging; the Judges were Judge Godbold and Serjeant Wilde. 7th. 1 dined with the Judges, but I sat not on the bench all this assize for fear the cold might have made me relapse into an ague. April ith. Mr. Swanton and I kept a privy sessions at Salisbury. Mr. Gyles Eyves sat with us this day, ,0th. We continued our privy sessions. xlviii APPENDIX II. 1648. AjJrll Oth. I -went to Marlborough, in my way to Purton. 7th. I came to Purton. Ibth. I returned to Chipenham by Malmesbury. 11^^. I came to Sarum. I2th. I kept a court at Damerham Parva, and went to "Walter Goddard's to All Saints Wimborne. I3th. I dined at INIore Critcliel at Sir Gerard tapper's. lith. I dined at Ilinton Martin, where I kej^t a court, and came to Sarum. 17th. I and my wife and- sister came from my house in Salisbury to Piasingstoke, in our way to Loudon. ] 8th. We came to Stanes. 19th. We came to London to my house in Holborne. 29th. I fell sick of a tertian ague, whereof 1 had but two fits, through the mercy of the Lord. Mai/ Ibih. My wife and I went to Oxsted in Surry, to see her mother, and stayed there till the 19^/i, when we returned to our house in Holborne. Ju7ie 22nd. I paid Mr. Strong the 100/. I borrowed of him on my bond in 1G46. The bond was cancelled. 24:th. My wife and I went to Stubbers ' in Essex to my l-ady Capell's. 27th. We returned to our house in Holborne. July. Mem.: The bond wherein I was bound to Mr. Gyles I'^yre, with my brother Coventry, is paid and cancelled. This bond was for 150/., dated April 1647. I was this month made a commissioner of the ordinance of l^arliament for tlie rate for Ireland, for Dorsett. I was this month by ordinance of Parliament inade one of the commissioners for the militia, which they settled in Dor- settshyre by that ordinance. Atcgnst 1st. I v/ent to Egham from London, on my journey westward. 2nd. I went to Stockbridge. Brd. I went to Salisbury, and from thence to Madenton, my uncle Tooker's. 4:fh. I came to Wimborne St. Giles. 6th. I dined with Sir G. Napper at More Critchell, and heard IMr. Hussey preach. 10th. 1 went to L>orchester to meet the commissioners of 1 So iu manuscript; query StebLing or Stubbing, where tlie Capels liml Iiroperty. (Morant's Essex, ii. 413.) 1648. DIAEY. xlix the militia, which was tliere settled. Present, Sir Thomas Trenchai-d, Mr. Erie, Mr. Trenchard, ]\Ir. Dennis Bond, ^Ir. Chettle, Col. Sidenham, Col. Henley, Mr. Brown, Col. Buttler, Mr. Whitway, Col. Coker. Received of Sir Antliony Ashlei/ Cooper what was ho-rotved of hit/i at Poole for the great occasions of the garrisons and buildings, two hundred -pound, wliich I xiaid tinto him again hf/ t(VO hundred pound lie received of Mr. John Hoijle hi/ m>/ order. Witness my hand the lOth of August 1648. H. Burie, Treasurer.^ This note was made to me the lOth of this month, when I had also delivered up and cancelled the bond Col. Bingham and I entered into for twenty pound for the State. August Wth. I went with my cousin Erie to his house at Axmouth in Devon shyre. VMh. AVe Avent to church in the afternoon to Culliton, and visited ]\Ir. Young there, but returned in the evening. \bth. I came to my house at "Wimborne St. Gyles. 2'ird. I went to Salisbury to meet Mr. William Hussey, ' Mr. Xorden, Mr. AVilliam Eyres ; we all met on commission directed to us out of Chancery, to hear and certify the cause betwixt Lowe and Sadler about Fisherton manors. "We con- tinued there on the commission till the 26th, and adjourned till the 12th of September. 26^A. I returned to my house at St. Giles Wimborne. 2%th. I went to Salisbury to the assize. ZWi. The Judge, Mr. Serjeant AVilde, who came alone this circuit, came into Salisbury. ?>\st. We began the assize, where were present Sir John Eveline, Colonel Whitehead, myself, who were all three com- missioners of oyer and terminer, Mr. William Hussey, Mr. Yorke, Mr. Stephens, counsellors ; ^Ir. j^orden, ]\ir. Joy, ^Ir. Bennet of Norton, Mr. William Eyres, Mr. Long, Mr. Coles, Mr. William Littleton, Mr. Dove, Mr. Sadler, Mr. Eivctt. My uncle Looker, High-sheriff. September 2nd. I sealed an assignment of a mortgage belonging to my cousin Ernley, I being a trustee of his wife's jointure, together with my uncle Tooker, "Mi'. Swanton, ' Tliis is tlic original note by Buiy, wiitteii in tlie little book which contains the manuscript of this Diary. VOL. I. d 1 APPENDIX II. 1648. and j\[r. Topp. ]\Iy uncle keeps tlie writings and accounts about it. I had a verdict against 8t. Jolms for my common in Lydeard, myself the plaintiff, and SOI. damage given me. The last summer assize I had another verdict against him and Webb, myself the plaintiff. September iih. I returned to my house at 8t. Giles "VYim- borne. II f/i. I borrowed of my servant James Eerboons one hun- dred pound, myself and James Percivall bound to him for it. I'lt/i. I came to Salisbury. Myself, Mr. Hussey, JNlr. William Eyres, IMr. Norden, Mr. Ernley met on the com- mission betwixt Low and Sadler, and at the desire of both jjarties adjourned to the 11th day of December. li^t/i. I came to Bagshott. lil/i. I came to my house in Holborne. Octoher ith. My wife and I went to Oxsted in Surrey. IMem.: I borrowed on my own l:)ond of my cousin Charhis Hoskius 200^. 10^//. We came to Guildford. lltlt. We came to Winchester. I'lth. We came to our house in St. Giles Wiml)orne in the county of Dorsett. 19^^. I went to Salisbury to join Avith my uncle Tooker in putting in our answer to my aunt Sanderson. 21.-^ I came back to St. (iiles Wimborne. 2<>/A. I went to Sutton on my way to London. 'lltlt. I went to Stanes. 'IStli. I came to London and lodged at Mr. Guidett'-^ house in Lincolnes inn fields. November. This term I borrowed of my aunt ]\rrs. Alice Coventry 1,100/., for which I gave her my own bond. December ith. ]\Iy cousin Harbin, Mr. ("hettle, and myself came from London in a hackney coach to Egham. November Oth. We came to Basingstoke. Q)th. We came to Stockbridge. Ith. To Salisbury. Wi. I came to my house at St. Giles Wimborne in Dorset- shy re. December 11th. I went to Salisbury on the commission betwixt Lowe and Sadler. 12/Z!.. There being but three commissioners, Mr. Hussey, Mr. JS^orden, and myself, we could not ])roceed, but adjourned 1649. DIARY. li by consent of botli parties to the SOtli of IMarcli next, we to meet the 19th at night there. Mr. Kelawaj and INh-s. Sadler desired it might be put off till then ; Lowe pressed to hear it sooner. Decemher "list. I went to \Yimborne and dined with my cousin Hannam, and came home in the evening. Ilth. I went to Shaftesbury to sit on the commission for the contribution for the army. Tliere met commissioners Mr. Hussey, Colonel Bingham, and Mr. Biuy. 2%th. "VYe sat on the business. 2^th. I returned home. 1C49. Januari/ \st. I dined at my cousin TIannam's of Wimboriie. 4ith. I and my wife, my brother, and sister, dined at Sir Gerard tapper's at More Critchell. 'dth. I Avent to the quarter sessions at Blandford. Tho justices present this session were myself, Mr. Chettle, Colonel Butler, Colonel Bingham, Colonel Sidenhnm, Colonel Brodrip, Mr. Hussey, judge of the sessions, JNIr. Savadge, Mr. White- way, Mr. Hannam. Mr. Arnold. IQth. We sat at sessions. ll//i. In the morning at sessions, in the afternoon myself, Colonel Bingham, j\lr. Chettle, Mr. Whiteway, sat on rates. Januarji I'Ifli. I returned to my house at St. Giles. 20th. I began my journey to London, and went to And over. 30^/i. I went to Bagshott.^ Slst. I came to London, and lodged at Mr. Guidett's in Lincoln's inne fields. Febrnary. I was made b}^ the States a justice of peace of quorum for the c()unti('s of Wilts and Dorsett, and of oyer and terminer for the Western circuit. In Candlemas term I paid 200/. to my cousin, Charles Hoskins, which I had borrowed of him. I mortgaged my manor of Pawlett to my aunt Mrs, Alice Coventry for 1,100/. I owed her. 3/arch .3;y/. 1 went to Oxsted in Surrey to wait on my wife's mother. f>(h. I went to Guildford on my way home. 1 The day of the. execution of Charles I. The ordinanee for tlie trial liad hecii pa.ssed hy the House of Commons on January Gth ; the trial lie<^an on the 20th ; on the 27tli sentence was passed. d 2 lii APPENDIX II. 1649. March 6th. I came to Eumsey in Hamshyre. 7th. I came to my house at St. Giles AVimborne in Dorsettshyre. Ajvil 3rd. I went to Marleborougli in my way to Purton for my rents. ith. I came to Purton in N'orth "Wiltshire. 6th. I came to the Devizes in my way home, having called at Malmsbury to return my money to London. 7th. I came home to my house in St. Giles Wimborne. April 10th. I went to Salisbury. 12th. I returned home. 3fai/ 2nd. Mr. Plott and I went to Poole to buy sack, and returned at night. I was made by the States a commissioner in their act of contribution for the counties of Wilts and Dorsett. June 19th. I went to my cousin AVhitehead's at Fillery ^ in Ilamsbyre, in my way to London. 25fh. I came to Hartford bridge. 21.?^ I came to London to Mr. Guidett's. Jidi/ ord. I came to Hartford bridge in my way home. 4:th. I came to Salisbury. ?)fh. I came home. 10th. My wife, just as she was sitting down to supper, fell suddenly into an apoplectical convulsion fit. She recovered tbat fit after some time, and spake and kissed me, and com- plained only in her head, but fell again in a cj[uarter of an hour, and then never came to speak again, but continued in fits and slumbers until next day. At noon she died ; she was with child the fourth time, and within six weeks of her time. She Avas a lovely beautiful lair woman, a religious devout Christian, of admirable wit and wisdom, beyond any I ever . knew, yet the most sweet, affectionate, and observant wife in the Avorld. Chaste without a suspicion of the most envious to the highest assurance of lier husband, of a most noble and bountiful mind, yet very provident in the least things, ex- ceeding all in anything she undertook, housewifery, pre- serving, works with the needle, cookery, so that her wit and judgment were expressed in all things, free from any pride or forwardness. She was in discourse and counsel far beyond any Avoman. 1 So apparently in the manuscript. 1650. DIARY. liii July \^th. I went to Madentoii in Wiltshyre, to my nncle Tooker's. ^J,lih. I returned home. August \C)th. I was sworn a jiTstice of peace for the counties of Wilts and Dorsett by Mr. 8wanton. This was the fiist time I acted since the Late King's death. ?)(}th. I went to Andover in my way to London, with my uncle Tooker and sister. 31s^. We came to Bagshott. September \st. I came to London to my cousin Day's house in Axe Yard, Westminster. 11//^. I sokl my hind at Finderne in Derbyshire for 2,700/. September \Uh. I paid my uncle Tooker 200/. he had lent me in Easter term. 15/A. I paid my cousin Eogers, my aunt Coventry's exe- cutor, 1,100/., and cancelled my mortgage of Pawlet and bond for jierformance of covenants ; and 1 went to Oxsted iu feurrey, to my wife's mother. \7th. I came to Guildford. 18/A. To Winchester. l^th. To my house at St. Giles W^imborne. October 2nd. I went to Marlborough. 2>rcl. I sat at sessions in the morning, where were present ten justices ; myself, ]\Ir. Swan ton, Mr. Littleton, Mr. Joy, Mr. Sadler, Mr. Hippesly, Colonel Ayres of Hurst, Lieut. - Colonel I'ead, Captain ]\Lirtin, Mr. Shute. In the aflernoon I went to Purton. •ith. I went to Malmsbury. 5th. I came to Salisbury. October C)th. I came home to my house. 2'2nd. I, my Ijrother, and cousin Day went to Winchester, in our way to London. 2'3rd. We came to Farnham. 2ith. We came to London. I lodged at my cousin Day's. 27th. I went to my brother's liou-e at Bow, and lay ere. 29. 204 of quarto edition of i77L Tlie whole nf tins pa.ssa,[,fe, exc('])t tlie last senteuce referrint;- to Shaftesbury, is printed in Ludlow's Memoirs in somewhat different words. 2 This passage should be inserted probably at p. 705 of vol. ii. of the Vevey edition, and at p. 323 of the quarto edition of 177L Ixii APPENDIX III. 1659. standing his fair "words, I was not so confident of liim as to repose any great trust in liini, he having played fast and loose so often, declaring sonielimes for the King, then for the Parliament, then for Cronn\-ell, afterwards against him, and now fur the Commonwealth." (7) When IMonk drew nigh to London, and was always declaring highly for the Parliament and Commonwealth, whereas he modelled his army for another design, p. 690, 1. 1 1 , it is thus : i " It was wonderful to consider how with fair words those who used to l.'e watcliful to discover what was for their interest were lulled to sleep : Chief Justice St. John himself, Avho even in this session prepared and procured the Parliament to pass a declaration against Monarchy and for a Common- wealth, and Eeynolds who had hought puhlic lands as well as the other, in crushing the friends of the Commonwealth and preferring those of a conti'ary princi])]e (if of any), acting as if they had designed nothing less than what they pretended to and what their interest led them to ; scarce one of ten of the old officers of the army are continued ; Sir Anthony Ashley Cooper, a IcnoAvn Litter enemy to the public and to all good men, on a di.^putaljle election of eighteen years' standing, against all reason and common justice, is admitted to sit as a JNleinljer of I'arliament because he had joined with some of them in opposing the army at this time, which Charles Stewart himself would have done, might he have been ad- mitted into the confederacy. They bestow also a regiment of horse upon him, which by his policy he modelleth with officers for his turn, and by his smooth tongue and insin- uating carriage bears a great sway in Parliament." (8) When Monk was come to London, p. 705, L 35,^ it is thus : " In the meantime the secluded members held their cabals with the city of London for the carrying on of these desigus, and s(jme of those members who sat, especially Sir Anthony Ashley Cooper and Colonel Feilder, had correspondency with them." 1 Vol. ii. ]■». 809 of the Vevcy edition, ami p. 342 of tlie quarto editiou of 1771. ^ At p. 822 of vol. ii. of the Vevey edition, and p. 347 of the quarto edition of 1771. APPENDIX IV. Speech, in Richard CromioelVs ParJicmient, March 28, 1659.^ Mr. Spkaker, This day's deliate is but too clear a proof that wo Engiisli- nien are right islanders; variahle and mutable, like the air we live in : for, Sir, if that were not our temper, we should not be now disputing whether, after all those hazards wo have run, that blood we have spilt, that treasure we have exhausted, we should not now sit down just where we did begin, and of our own accords suT)mit ourselves to that slavery which we have not only ventured our estates and lives, but T wish I could not say, our souls and consciences, to throw off. What others. Sir, think of this levity, I cannot tell. I mean those who steer their consciences by occasions, and cannot lose the honour they never had : but truly, Sir, for my own ^ I have no iloubt tliat this loiij^ elaborate speech, whicli ^vas puh- lished by Sir A. A. Cooper at the time, is tlie one thus referreil to in Burton's Diary on Alareh 2S : " Sir Anthony Aslilcy Cooper niaile a long speech till the House was fuller of those of his ]>arty, and moved to second the motion that they be but for this parlianiciit, and would have them bounded in time." (iv. 286.) It was made in support of a motion for limitintr the existence of the "Other House" — Cronnvell's House of Peers — to the time of the Parliament then sitting. The .'iljeech liere in-inted has been puldished in various works ; it is to be f(nind in the Somers Tracts and Harleian Miscellany, in Morgan's "Phoenix P)ritannicus," George Villiers, Did'Ce of Buckingham's Works, 2 vols. 17].^, the old l^arliamentary Histor}^, and Alartyn's Life. In the Somers Tracts it is reprinted from a republication in 1(580 with the following title: "A time-serving Speech spoken once in a season by a worthy member of Parliament, atul now thought fit to be reprinted, to prevent the occasion of having it rcspoken." (Vol. vi. p. 4G6.) Ixiv APPENDIX IV. 1659. part, I dare freely declare it to be my opinion, that we are this day making good all the reproaches of our enemies, own- ing ourselves oppressors, murderers, regicides, subverters of that which we elo not only acknowledge to have been a lawful government, but, by recalling it, confess it now to be the best : which, Sir, if it be true, and that we now begin to see aright, I heartily wish our eyes had been sooner open ; and, for three nations' sake, that we had purchased onr conviction at a cheaper rate. We might. Sir, in '42 have l)een Avhat we thus contend to l)e in '59 ; and our consciences would have had much less to answer for to God, and our reputations to the world. But, Mr. Speaker, I wish with all my soul I did state the case to you amiss ; and that it were tlie question, vi'hether we Avould voluntarily relapse into the disease we were formerly possessed of, and of our own accords take up our old yoke, that we with wearing and custom had made habitual and easy, and which, it may be, was more our Avantonness than our l)res>;ure that made us throw it off. But this, Sir, is not now the question : that which we deliberate is not Avhether Ave Avill say, Ave do not care to 1)6 free, Ave like our old masters, and Avill be content to have our ears bored at the door-post of their House, and to serve them for ever ; but. Sir, as if Ave Avere contending for shame as well as servitude, Ave are carry- ing our ears to be bored at the doors of another House ; an House, Sir, Avitliout a name, and therefore it is but congruous it should consist of members without family ; an House that inverts the order of slavery, and subjects us to our servants ; and yet, in contradiction to Scripture, Ave do not only not think that subjection intolerable, but we are noAv pleading for it. In a Avord, Sir, it is a House of so incongruous and odious a conqiosition and mixture, that certainly the grand architect Avould never have so framed it, had it not been his design, as Avell as to show the Avorld the contempt he had of us, as to demonstrate the power he had over us. Sir, that it may appear I intend not to be so prudent, as far as my part is concerned, as to make a voluntary resigna- tion of my lil)erty and hopour to this excellent part of his Hichness's last Avill and testament, I shall crave leave to declare iti a feAv particulars my opinion of this other House ; Avherein. I cannot but promise myself to be favourably heard by some, and patiently heard by all : for those Englishmen who are against that House will certainly with content hear the 1659. SPEECH AGAINST THE OTHER HOUSE. Ixv reasons why others are so too ; those courtiers Avho are for it give me evidence enough to tliink that in nature there is nothing which they cannot willingly endure. First, Sir, as to the author and framer of the House of Peers ; let me put you in mind it was he who with reiterated oaths had often sworn to he true and faithful to the government without it ; and not only sworn so himself, hilt had heen the chief instrument both to draw and compel others to swear so too. So, Sir, the foundation of that noble structure Avas laid in perjury, and was begun with the viola- tion and contempt as well of the laws of God as of the nation. He who called monarchy anti-christian in another, and indeed made it so himself; he who voted a House of Lords dangerous and unnecessary^, and too truly made it so in his partisans ; lie who witli fraud and force deprived you of your liberty Avhen living, and entailed slavery on you at his death : it is he, Sir, wh.0 has left you these Avorthy oversefers of that his last Avill and testament ; Avho, hoAvever they have behaved themselves in other trusts, Ave may be confident will faithfully endeavour to discharge themselves in this. In a word, had that other House no other fault but its constitution and author, I should think that original sin enough for its condemnation : for I am of their opinion Avho think that, for the good of example, all acts and monuments of tyrants are to be exi^unged and erased ; that, if possible, their memory may be no longer-lived than their carcases ; and the truth is, their good laAvs are but snares for our liberty. But to impute to that other House no faults but its own, you may please in the first place to consider of the poAver Avhich his Highness hath left it, according to that " Humble Petition and Advice," which he Avas pleased to give order the Parliament should present to him. For as the Eomans had kings, his Highness had "parliaments amongst his instruments of slavery;" and I hope it will be no offence for me to pray that his son may not have so too. But, Sir, they have a negative voice, and all other circumstances of that arbitrary power Avhich made the former House intolerable; only the dignity and quality of the persons are wanting, that our sLiA'ery may be accompanied Avith ignominy and alfront. And now, Mr. Speaker,, have Ave not gloriously vindicated the nation's lilierty, — have we not Avorthily employed our blood and treasure to abolish that power which Avas set over us by laAv, to have the same im])Osed upon us Avithout law? And after all that sound and noise we have made in the world, of VOL. I. e Ixvi APPENDIX IV. 1659. the people's legislative power, and of tlie supremacy and omnipotency of their representatives, we now see there is no more power left them but wliat is put into the balance, and equalled by the power of a few retainers of tyranny, who are so far from being the people's choice, that the most part of them are only known to the nation by the mischiefs they have committed in it. In the next place. Sir, you may please to consider that the persons invested with that power are all of them nominated by the Lord Protector (for to say by him and his Council, has in ell'ect no more distinction than if one should say by Oliver and Cromwell). By that means, the Protector himself, by his own and by his peers' negative, may become in effect two of the three estates ; and by consequence, is possessed of two parts of the legislative power. I think this can be a doubt to no one who will but take the pains to read over the catalogue of those noble lords ; for certainly no man who reads their names can possibly fancy for Avhat virtues or good qualities such a composition should be made choice of, but only the certainty of their compliance with whatsoever shall be enjoined them by their creator. Pardon, Sir, that name, for it is properly applicable where things are made out of nothing. If, in the former government, increase of nobility was a grievance, because the new nobility, having fresh obligations to the crown, were more easily led into compliance with it ; and if one of the main reasons for exclusion of bishops out of the House of Lords was because they were of the King's making, and were in effect so many certain votes for what- ever he had a mind to carry in the House ; how much more assured will that inconvenience now be, when the Protector, who wants nothing of the King but (in every sense) the title, shall only make and nominate a part, but of himself constitute the whole ? In a word, Sir, if our liberty was endangered by the former House, we may give it up for lost in the other House : and it is in all respects as secure and advantageous for the liberty of the nation, which we come hither to redeem, to allow this power to his Highness's officers and chaplains, as to his other creatures and partisans in this other House. . Kow, having considered. Sir, their author, power, and con- stitution, give me leave to make some few observations, though but in general, on the persons themselves who are designed to be our lords and masters ; and let us see Avhat either the extraordinary quality or qualifications are of these 1659. SPEECH AGAINST THE OTHER HOUSE. Ixvii egregious legislators, which may justify their choice, and pre- vail with the people to admit them at least into equal authority with the whole representative l)ody of themselves. But what I shall speak of their quality, or anything else con- cerning them, I would he thought to speak with distinction, and to intend only of the major part ; lor I acknowledge, Mr. Speaker, the mixture of the other House to be like the com- position of apothecaries, who mix something grateful to the taste to qualify their bitter drugs, which else, perhaps, would be immediately spit out and never swallowed. 80, Sir, hio Highness, of deplorable memory to this nation, to countenance as well the want of quality as honesty in the rest, has nomi- nated some against whom there lies no other reproach but only that nomination ; but not out of any respect to their equality or regard to their virtues, but out of regard to the no- quality, the no- virtues of the rest ; which truly, Mr. Speaker, if he had not done, Ave could easily have given a more express name to this other House than he hath been pleased to do ; for we know a house designed for beggars and malefactors is a house of correction, and so termed by our law : but, Mr. Speaker, setting those few persons aside, who, I hope, think the nomination a disgrace, and their ever coming to sit there a much greater, can Ave Avithout indignation think of the rest 1 He who is first in their roll, a condemned coward ; one that out of fear and baseness did once what he could to betray our liberties, and noAV does the same for gain.^ The second, a person of as little sense as honesty ; preferred for no other reason but his no-Avorth, his no-conscience ; except cheating his father of all he had AA^as thought a virtue by him, avIio, by sad experience we find, hath done as much for his mother — his country.- The third, a CaA'alier, a Presbyterian, an Independent ; for the liepublic, for a Protector, for every- thing, for nothing, but only that one thing — money.^ It 1 Nathaniel Fiennes, second son of Viscount Saye and Sele, wlio in the beginning of the Civil War had surrendered Bristol to the King's army Avithout making any defence, and had been condemned to death by a court-martial, but pardoned by the Earl of Essex, the general-in- chief. He was now one of the Commissioners of the Great .Seal, and one of Iiichard Cromwell's chief advisers. His fatlier and a younger brother John Avere also named by Cromwell members of his House (jf Lords : the father did not sit. - I do not know Avhich of Cromwell's Lords is here referred to. 3 Tliis is generally supposed to refer to Lord Broghill, after the Restoration created Earl of Orrer}'. e 2 Ixviii APPENDIX IV. 1659. v/ere endless, Sir, to run through them all ; to tell you of the lordships of seventeen pounds a year land of inheritance ; of the fanner lordships, draymen lordships,^ cohhler iordships,^ without one foot of land but what the blood of Englishmen has been the price of. These, Sir, are to be our rulers, these the judges of our lives and fortunes ; to these ^Ye are to stand bare whilst their pageant lordships deign to give us a confer- ence on their breeches. Mr. Speaker, we have already had too much experience how insupportable servants are when they become our masters. All kinds of slavery are miserable in the account of generous minds ; but that which comes accom- panied with scorn and contempt stirs up every man's indigna- tion, and is endured by none whom nature does not intend for slaves, as well as fortune. I say not this, Mr. Speaker, to revile any man with his meanness ; for I never thought either the malignity or in- dulgence of fortune to be, with wise or just men, the grounds either of their good or ill opinion. Mr. Speaker, I blame not in these men the faults of their fortune any otherwise than as they make them their own : I object to you their poverty, because it is accompanied with ambition ; I remind you of their quality, because they themselves forget it : it is not the men T am angry with, but their Lordships. Sii", though we easily grant poverty and necessity to be no faults, yet we must allow them to be great impediments in the way of honour, and such as nothing but extraordinary merit and virtue can remove. The Scripture reckons it amongst Jero- boam's great faults, " that he made priests of the meanest of the people : " and sure it was none of the virtues of our Jeroboam, who hath set up his calves too, and would have our tribes come up and worship them, that he observed the same method in nfakin" lords. One of the few requests the Portuguese made to Philip the Second, King of Spain, when he got that kingdom, as his late Highness did this, by an army, was, that he would not make nobility contemptible by advancing such to that degree whose quality or virtue could be noways thought to deserve it. Nor have we formerly been less apprehensive of such inconveniences ourselves. It was, in Eichard the Pirst's ' This refers to Colonel Pride, who had been a brewer, and, it is said, had begun as a drayman. ^ Colonel Hewson had been a shoemaker. 1659. SPEECH AGAINST THE OTHEE HOUSE. Ixix time, one of the Bishop of Ely's accusations, that castles and forts of great trust he did " obscuris et iguotis hominibus tradere" — put in the hands of obscure and unknown men. But we, Mr. Speaker, to such a kind of men are delivering up the power of our laws, and, in that, the power of all. In the 17th of Edward the Fourth, there passed an Act of Parliament for degrading John JSTevil, Marquis Montague and Duke of Bedford : the reason expressed in the Act, because he had not a revenue sufficient for the maintaining of that dignity ; to which was added, when men of mean birth are called to high estate, and no livelihood to support it, it induceth briberies and extortions, and all kinds of injustice that arc followed by gain. And in the parliament of 2d of Charles, the peers, in a petition against Scottish and Irish titles, told the King, that it was a novelty without precedent that men should possess honours where they possessed nothing else, and that they should have a vote in parliament where they have not a foot of land. But if it had been added, or have no land but what is the purchase of their villanies, against how many of our new peers would this have been an important objection ! To conclude : it has been a very just and reasonable care anxtng all nations, not to render that despised and contemptible to the people which is designed for their reverence and awe; and. Sir, an empty title, without quality or virtue, never procured any man this, any more than the image in the fable made the ass adored that carried it. After their quality, give me leave to speak a Avord or two of their qualifications; "which certainly ought, in reasoii, to carry some proportion with the enq)loyment tliey design themselves. The House of Lords are the King's great heredi- tary Council; they are the highest court of judicature; they have their part in judging ancl determining of the reasons fur making new laws and abrogating old : from amongst them we take our great officers of State: they are commonly our generals at land, and our adinirals at sea. In conclusion, they are both of the essence and constitution of our old government ; and have, besides, the greatest and noblest share in the administration. Now, certainly. Sir, to judge accord- ing to the dictates of reason, one would imagine some small faculties and endowments to be necessary for discharging such a calling ; and thoso such as are not usually accpiired in shops and warehouses, nor found by following the plough : and what other academies most of their lordships have been IXX APPENDIX IV. 1659. bred in but their shops, what other arts they have been versed in but those which more required good arms and good shouklers than good heads, I think we are yet to be informed. Sir, we commit not the education of our children to ignorant and illiterate masters ; nay, we trust not our horses to unskil- ful grooms. I beseech you, let us think it belongs to us to have some care into whose hands we commit the management of the commonwealth ; and if we cannot have persons of birth and fortune to be our rulers, to whose quality we would willingly submit, I beseech yor:. Sir, for our credit and safety's sake, let us seek men at least of parts and education, to whose abilities we may have some reason to give way. If a patient dies under a physician's hand, the law esteems that not a felony, but a misfortune, in the physician : but it has been held by some, if one who is no physician undertakes the management of a cure, and the party miscarries, the law makes the empiric a felon ; and sure, in all men's opinion, the patient a fool. To conclude. Sir, for great men to govern is ordinary ; for able men it is natural : knaves many times come to it by force and necessity, and fools somethnes by chance ; but universal choice and election of fools and knaves for government was never yet made by any who were not themselves like those they chose. But methinks, Mr. Speaker, I see ready to rise after me some gentlemen that shall tell you the good services their new lordships have done the commonwealth ; that shall extol their valour, their godliness, their fidelity to the cause. The Scripture, too, no doubt, as it is to all purposes, shall be brought in to argue for them ; and we shall hear of " the wisdom of the poor man that saved the city ; " of the " not many wise, not many mighty ; " attributes that I can no way deny to be due to their lordships. Mr. Speaker, I shall be as forward as any man to declare their services, and acknowledge them ; though I might tell you that the same honoiu' is not purchased T)y the blood of an enemy and of a citizen ; that for victories in civil Avars, till our armies marched through the city, I have not read that the conquerors have been so void of shame as to triumph. Caesar, not much more indul- gent to his country than our late Protector, did not so much as write pu])lic letters of his victory at Pharsalia ; much less had he days of thanksgiving to his gods, and anniversary feasts, for having been a prosperous rebel. But, Sir, I leave this argument ; and, to be as good as my 1659. SPEECH AGAINST THE OTHER HOUSE. Ixxi word, come to put you in mind of some of their services, and the obligations you owe them for the same. To speak nothing of one of my Lords Commissioners' valom- at Bristol, nor of another noble lord's brave adventure at the Bear-garden,^ I must tell you, Sir, that most of them have had the courage to do things which, I may boldly say, few other Christians durst so have adventured their souls to have attempted : they have not only subdued their enemies, but their masters that raised and maintained them ; they have not only conquered Scotland and Ireland, but rebellious England too, and there suppressed a malignant party of magistrates and laws ; and, that nothing should be wanting to make them indeed complete conquerors, without the help of philosophy they have even conquerecl themselves. All shame they have subdued as perfectly as all justice ; the oaths they have taken they have as easily digested as their old General could himself; public covenants and engagements they have trampled under foot. In conclu- sion, so entire a victory they have over themselves, that their consciences are as much their servants, Mr. Speaker, as we are. But give me leave to conclude with that which is more admirable than all this, and shows the confidence they have of themselves and us : after having many times trampled on the authority of the House of Commons, and no less than five times dissolved them, they hope, for those good services to the House of Commons, to be made a House of Lords. I have been over long, Sir, for which I crave your pardon ; therefore, in a word, I beseech you let us think it our duty to have a care of two things : first, that villanies be not encouraged with the rewards of virtue; secondly, that the authority and majesty of the government of this nation be not defiled, and exposed to contempt, by committing so con- sideraljle a part of it to persons of as mean quality as parts. The Thebans did not admit merchants into government till they had left their traffic ten years : sure it would have been long before cobblers and draymen would have been allowed. 1 The person here referred to is Colonel Pride, who is accused of having crnelly killed a number of bears, in suppressing bear-liaiting, as Sheriff of Surrey. See a lampoon printed in the Harleian Miscellany vol. iii. p. 136: "The Last Speech and Dying Words of Thomas (Lord, alias Colonel) Pride, being touched in conscience for his inluiman murder of the P)ears in tlie Bear-garden when ho was High Shcrilf of ^Surrey, taken in shorthand by t. S., late clerk in his Lordship's Urewhouse." Ixxii APPENDIX IV. 1659. Sir, if the wisdom of this House shall think we have been hitherto like the prodigal; aud that now, when our necessities persuade us, i.e. that we are almost brought to herd it with swine, it is time to think of a return; let us without more ado, without this motley mixture, even take our rulers as at the first, so that we can but be reasonably secured to avoid our counselloi"S as at the beginning Give me leave, Sir, to release your patience with a short story. Livy tells us there w^as a state in Italy, an aristocracy, where the nobility stretched the prerogative too high, and presumed too much on tlie people's libert}?^ and patience ; Avhereupon the discontents were so general and so great, that they apparently tended to a dissolution of government, and the turning of all things into anarchy and confusion. At the same time, besides these distempers at home, there was a potent enemy ready to fall on them from abroad, that had been an over-match for tliem when united; but now, in these disorders, was like to find them a very ready and ej.sy prey. A wise man, Sir, in the city, who did not all approve of the insolence of the nobilit}'', and as little liked popular tumults, thought of this stratagem, to cozen his country into safety. Upon a pretence of counsel, he procured the nobility to meet all together; which when they had done, he found means to lock the doors upon them, went away himself, and took the keys ; then immediately summoned the people ; told them, by a contrivance of his he had taken all the nobility in a trap ; that now was the time to be revenged on them for their insolences ; that, therefore, they should immediately go along with him aud despatch them. Sir, the officers of our army, after a fast, could not be more ready for the villany than these people were ; and accordingly they made as much haste to the slaughter as their Lord Protector could desire. But, Sir, this wise man I told you of was their Lord Protector indeed. As soon as he had brought the ])eople where the parliament was sitting, and when they expected but the word to fill! to the butchery; "Gentlemen," says he, " thoiigh I would not care how soon this work of reformation were over, yet, in this ship of the commonwealth, we must not throw the steersmen overboard till we have provided others for the helm. Let us consider, before we take these men away, in what other hands we may secui'cly trust our liberty and the management of the commonwealth." And so he advised them, before the putting down of the former, to bethink 1659. SPEECH AGAINST THE OTHEK HOUSE. Ixxiii themselves of constituting another House. He began and nominated one, a man highly (iried up in the popular faction, a confiding man, one of much zeal, little sense, ami no quality; you may suppose him. Sir, a zealous cobbler. The people, in conclusion, murmured at this, and were loth their fellow mutineer,, for no other virtue but mutinying, should come to be advanced to be their master , and by their looks and mur- miu's sufficiently expressed the discontent they took at such a motion. Then he nominated another, as mean a mechanic as the former ; you may imagine him. Sir, a bustling rude tbayman, or the like : he was no sooner named but some burst out a laughing, others grew angry and railed at him, and all detested and scorned him. Upon this a third was named for a lordship, one of the same batch, and every way cjualified to sit with the other two. The people then fell into a confused laugh and noise, and inquired, if such were lords, who, by all the gods ! would be content to be com- moners ? Sir, let me be bold, by the good leave of the other House and yours, to ask the same C[uestion. But to conclude this story, and with it the other House, when this wise man I told you of perceived they were now sensible of the incon- venience and mischief they were running into, and saw that the pulling down their rulers would prove in the end but the setting up their servants, he thought them then prepared to hear reason, and told them, "You see," says he, "that bad as this government is, we cannot, for anything I see, agree upon a better : v.'hat tlien if, after this fright we have put our nobility in, and the demonstration we have given them of our power, we try them once more whether they will mend, and for the future behave themselves with more moderation] " The people were so wise as to comply with that proposition, and to think it easier to mend their rulers than to make new. And I wish, Mr. Speaker, we may be so wise as to think so too. ' APPENDIX V. A Letter from Sir Anthony Ashley Cooper, Thomas Scot, Josias Berners, and John Weaver, Esquires, delivered to the Lord Fleetwood, owning their late actions, in endeavour- ing to secure the Toiver of London for the better service of the City and Commonwealth, December 16, 1659.1 Sir, Understanding you have received some disturbance of late, in examining divers persons about a design to surprise the Tower ; to save you further trouble, we do hereby freely own our utmost and hearty endeavours to have put that place into more faithful and conliding hands, and that by authority from the Council of State, who at the passing of that resolve had the sole legal power from the Parliament of ordering, directing, and disposing of all the garrisons and forces of this Commonwealth, l)oth by sea and land ; an action so honest and honourable as would not only have given check to the exorbitances at Wallingford House and Whitehall, Ijut was 1 This letter is printed in the Thurloe collection of State Papers, vol. vii. p. 7{)7, and in tlie Somers Ti-acts, vol. vi. p. 542. Ten days after the date of tliis letter, on Deceniher 26, the Committee of Safety was overthrown, Fleetwood and Lamljert discomfited, and the Rump Parliament restored ; Sir A. A. Cooper, Scot, Berners, and Weaver were then entrusted witli the temporary command of the Tower, which tliey had secured. Whitelocke, under date of Decemher 24, records : "Th(! Speaker with Coo[>er, Reynolds, Weaver, and Berners went to the Lord Mayor and discoursed vvitli him and the Sheriffs, touching the Parliament's meeting again speedily, and found them to like well of it; from him they went to the Tower and secured that." (Me- morials, p. 691.) The letter in the text describes an unsuccessful attempt made before December 16, 1659. LETTER TO FLEETWOOD. Ixxv almost necessary to the preserving the jieace and safety of this great city, by giving advantage to them to put themselves into a regular posture of defence, and such an encouragement to the sober party among them as would through God's mercy have utterly defeated the designs of the common enemy. Sir, let us tell you this design was not so vain but that we had by the blessing of God possessed that place some weeks since, had we not been frustrated by our mistake in the courage and fidelity of a person, whose opportunity, interest, and duty, if not princi]iles, gave us better hopes.^ But in this age we are to complain and wonder at nothing ; yet we cannot but highly resent the confidence of sending for one of our number by a party of soldiers, as if red coats and muskets were a non obstante to all laws and public privilege. Xot as if that person or any of us are afraid or asliamed to own the enter- prise before any that have a lawful authority to demand an account of it ; wliich we are sure no single person, junto, or pack of men at Yf hitehall or AVallingforcl House have a pre- tence to. Sir, we have the witness with our own spirits, that we have and do cordially wish the preservation and good of you and your family : but if the Lord hath said, " You shall not hearken, but be hardened in your way," we must acrpiiesce in His providence, and with sorrow look upon that ruin which is flowing in upon you, as upon one in whom we thought we had seen some good. Sir, consider that in the day of trouble, which is certainly coming upon you, what support you will have to your spirit, when you shall be assaulted with the shame you have brought upon God's people ; with the breach of faith to the Parliament 1 Compare Ludlow's Memoirs, ii. 763 : "Tlie Parliament party was not w-auting to promote their interest, and to that end formed a design to get the Tower into their hands. Colonel Fitz, who was then Lieu- tenant of the place, had consented that Colonel Okey with three hvmdred men shoiild lie dispersed about the town, prepared for the enterprise, promising that on a certain day he would cause the gates to be opened early in the morning, to let him puss in his coach ; which opportunity Colonel Okey with his men taking, might easily seize the guards and possess hiinself of the place ; and their attempt nnght have succeeded, had it not, by I know not what accident, been discovered to the Lord ilayor, who informed the army of it the night before it was to be put in execution. Whereupon Colonel Des])oi-ow with some forces was sent thither, who chang(!d the guards, si^izcd the Lieutenant of the Tower, and left Colonel Miller to command there till further order." Lxxvi APPENDIX V. 1659. from whom you received your commission ; with, the ruin you have brought upon j^our native country (unless the Lord by His own Almiglity arm prevent it) ; aud with the misery you have led the poor soldiers into, who, instead of being the instruments of renewing and settling the peace and liberty of these nations, enjoying the honour and quiet thereof, their- arrears fully paid, future pay and advancement settled and established in order and with the blessing of their countrymen, are now become the instruments of nine men's ambition,^ have made the whole nation their enemies, and are exposed again to the hardship and hazard of a new unnatm'al war, without prospect of our hoping that the issue of these affairs can leave their new masters so rich as to satisfy their arrears, or so secure as to trust preferments in any hands, but such whose fanatic principles or personal relations make them irreconcilable to the public interest. But God, we trust, has raised up a deliverer, having by admirable providence put an opportunity and power into the hands of General Monck, the ablest and most experienced commander of these nations ; whom he hath also spirited to stand firm for the interest of this Commonwealth, as well against a rebellious party of our own forces, as the designs of the common enemy, notwith- standing all causeless and false aspersions maliciously cast upon him ; being warranted in his present actings by especial commission and authority from the Council of State, whereas yours is that only of the sword. Our prayers and earnest request for you and all honest men amongst you are that you may timely join with him, and partake of the honour and blessing of his actions, and your true repentance shall be a greater rejoicing than your desertion was trouble ; when Providence shall have separated the precious from the vile, and not have suffered our scum to boil in, but shall have placed the sword and civil authority in the hands of men of the best and soberest principles. Sir, be not so far deceived as to think sober men see not through the mask of this strange new parliament, whose liberty and safety either of meeting or debating must be at your pleasure, who, having taken upon you to be conservator of the cause, will only make 1 The nine men here referred to are prohahly the nine officers who subseribed the ch'cular letter which, produced by Colonel Okey in the Parliament, caused the commotion which brought on Lambert and Fleetwood's revolution of October. See p. ISy of the " Life." 1659. LETTER TO FLEETWOOD. Ixxvii use of them as your assessors and tax-gathorers ; the present interrupted parliament being the sole lawful authority, and which can only be hoped to make the sword subservient to the civil interest, and settle the government in the hands of the people by successive and free parliaments uulaM'fully denied to them. Sir, we have in sincerity given you our sense, and shall leave you to Him that disposes of all men's hearts, and remain, Your servants, So far as you shall be found to serve the public, An. Ashley Cooper. Tho. Scot. Jos. Eerners. John Weaver. APPENDIX VL A Proviso for the Bill of Uniformity, presented to the House of Peers from the King hy the Lord Chancellor, March 17, 1662.1 Provided always that, notwithstanding anything in this Act in regard of the generous otters and promises made by His Majesty before his happy restoration of liberty to tender consciences, the intention Avhereof must be best known to His Majesty, as likewise the several services of those who contrilnited thereunto, for all whom His Majesty hath in his princely heart as gracious a desire of indulgence as may consist with the good and peace of the kingdom, and would not have a greater severity exercised towards them than what is necessary for the public benefit and welfare thereof, it be enacted. And be it therefore enacted, that it shall and may be lawful for the King's Majesty by any writing and in such manner as to his wisdom shall seem lit, so far to dispense with any such Minister as upon the nine-and-twentieth day of May, 1660, was and at present is seised of any benefice or ecclesi- astical promotion, and of whose merit towards His Majesty, and of whose peaceable and pious disposition. His Majesty shall be sufficiently informed and satisfied, that no such Minister shall be deprived or lose his l)eneiice or other ecclesiastical promotion Ibr not wearing the surplice, or for 1 Til is Proviso is here printed for the first time from the Eolls of the House of Isolds. Though presented by Clarendon, the Lord Chancellor, from the King, it was rejected by the House of Lords. See Chapter IX. of " Life ;" and Lords' Journals, March 17, 18, and 19 ; Rawdou Papers, pp. 141 — 143, and Pepys's Diary, March 21, 1662. 1663. LOED EOBERTS'S DISPENSING BILL. Ixxix not signing with the sign of the cross in baptism : so as he permit and bear the charge of some other licensed minister to perform that office towards such cliildren whose parents desire the same, and so as such Ministers shall not deprave the Liturgy, rites, or ceremonies established in the Church of England, or any person for using them, by preaching, writing, speaking, or otherwise, upon pain of forfeiting the benefit of the dispensation. And be it further enacted, that such dispensations as afore- said being granted l)y His ISIajesty shall be a sufficient exemption from such deprivation in the cases aforesaid. Always understood, tliat this indulgence be not thought or interpreted to be an argument of His Majesty's indiii'erency in the use of those ceremonies when enjoined, though in- different in their own nature, but of his compassion towards the weakness of the Dissenters, which he hopes will in time prevail with them for a full submission to the Church and to the example of the rest of their brethren. A Bill, entitled '■^ An Act concerning His Majesti/s power in Ecclesiastical Affairs" inesmted to the House of Peers, February 23, 1663, hy Lord Boberts, Lord Privy Seal.'^ Whereas divers of His Majesty's subjects through error of judgment and misguided consciences (whereunto the licen- tiousness of these late unhappy times have much contributed) do not conform themselves to the order of divine worship and service established by law; and although His Majesty and both Houses of Parliament are fully satisfied that those scruples of conscience from whence this non-conformity ariseth are ill-grounded, and that the government of the Church with the service thereof, as now established, is the best that is anywhere extant, and most effectual to the pre- servation of the Protestant religion : yet, hoping that clemency and indulgence may in time wear out those preju- dices and reduce the Dissenters to the unity of the Church ; and considering that this indulgence, how necessary soever, ' This Bill, which caused considerable ])nblie excitement in 1663, is now printed for tlic first time from the liolls of the House of Lords. See Chapter IX. of " Life ; " also Lords' Journals, February 23, 25, 27, 28, March 5, C, 12, 13. The bill was dropped in comniiltee. IxXX APPENDIX VI. cannot be dispensed by any certain rule, but must vary according to the circumstances of time, and the temper and principles of those to whom it is to be granted ; and His Majesty being the best judge when and to whom this indul- gence is to be dispensed, or as may be most consistent with the pnblic peace and without just cause of offence to others; and to the end His Majesty may be enabled to exercise it with universal satisfaction : Be it enacted by the King's most excellent Majesty by advice and with the consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority thereof, that the King's Majesty may by letters patent under the Great Seal, or by such other ways as to His Majesty shall seem meet, dispense with one act or law made the last session of this parliament, entitled " An Act for the Uniformity of Pnblic Prayer, and Administration of Sacraments and other Eites and Ceremonies, and for estaldishing the Form of Making, Ordain- ing, and Consecrating Bishops, Priests, and Deacons in the Chnrch of England," and tvith any other laivs or statutes con- cerning the same or requiring oaths or subscriptions, or which do enjoin conforiniti/ to the order, discipline, and worship established in this Church, and the penalties in the said Icnos imposed or any of them} and may grant licences to such of His Majesty's subjects of the Protestant religion, of whose inoflensive and peaceable disposition His Majesty shall be persuaded, to enjoy the nse and exercise of their religion and worship, though difiering from the public rule, the said laws and statutes, or any disabilities, incapacities, or penal- ties in them or any of them contained, or any matter or thing to the contrary thereof notwithstanding. Provided always, and be it enacted, that no such indulgence, licence, or dis- pensation hereby to be granted shall extend or be construed to extend to the tolerating or permitting the use or exercise of the Popish or Eoman Catholic religion in this kingdom, nor to en- able any person or persons to hold or exercise any place or office of public trust within this kingdom, who, at the beginning of this present Parliament, were by the laws and statutes of 1 On March 5, the House of Lords adopted a recommendation of the Committee to omit the words which are printed in italics, apjily- ing to other acts besides the Act of Uniformity. A list of such acts was brought in to the House on that day by the Attorney- General in pursuance of a previous order : the list, which is curious, and is not professed to he complete, is printed in the Lords' Journals of ilarch 5; 1S63. LOED ROBERTS'S DISPENSING BILL. Ixxxi this realm disenabled thereunto ; nor to exempt any person or persons from such penalties as are by law to be inflicted upon such as shall publish or preach anything to the deprava- tion or derogation of the Book of Common Prayer or the government, order, and ceremonies of the Church estal)lished by law. Provided also, and be it enacted, that no such licence or dispensation shall extend to make any priest or minister capable of any ecclesiastical living or Ijenelice with care, who shall not before the Archbishop of the Province or Bishop of the Diocese where he lives, make such subscription to tlie Articles of Religion as is enjoined by the statute of 13 Eliz., made for reformation of disorders in the Church ; nor shall extend or be construed to extend to dispense with the Book of Common Prayer, but that the said l;>ook shall be con- stantly read in all the cathedral and collegiate churches, and in all the parish churches and public chapels. END OF VOL. I. LONDON : It. 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