« PreviousContinue »
confidence with his majesty, and having arro- obtained, exemption to the Roman Catholics gated to himself a supreme direction in all bis of England from the penal laws in force against majesty's affairs both at home and abroad, he them: by which address unto the Pope for halb wickedly and maliciously, and with a that ecclesiastical dignity for one of his matraiterous intent to draw scandal and contempt jesty's subjects and domestics, he hath, as far upon, bis majesty's person, and to alienate as from one action can be interred, traiterfrom him the affections of bis subjects, abused ously acknowledged the Pope's ccclesiastical the said trust in manner following :-That he sovereignty, contrary to the known laws of this hath traiterously and maliciously endeavoured kingdom. That, in pursuance of the same to alienate the hearts of his majesty's subjects | traiterous design, he hath called unto him sefrom him, by words of his own, and by arti-* veral Priests and Jesuits, whom he knew to ficial insinuations of bis creatures and depen- be Superiors of Orders here in England, and dents, “ That his majesty was inclined to Po- desired them to write to their generals at pery, and had a design to alter the Religion Rome, to give their help, for the obtaining established in this kingdom.” That in pursu- from the Pope the Cardinal's Cap for the lord ance of that traiterous intent, he hath, to seves Aubigny as aforesaid; promising great favour ral persons of his majesty's privy council, held to Papists here, in case it should be effected discourses to this effect : • That his majesty for him.-) hat he bath promised unto several • was dangerously corrupted in bis Religion, Papists, that he would do his endeavour; and 6 and inclined to Popery; that persons of that said, he hoped to compass the taking away all Religion bad such access and such credit with the penal laws against thein, which he did in bim, that, unless there were a careful eye bad pursuance of the traiterous desiyn aforesaid, to unto it, the Protestant Religion would be the end. they might presune and grow vain * overthrown in this kingdom.' And, in pursu- upon bis patronage, and, by the publishing ance of the said wicked and traiterous intent, their hopes of a toleration, increase the scandal upon bis majesty's adınitting sir llenry Bennet endeavoured by hiin and by his emissaries to to be Principal Secretary of State in ihe piace be raised upon his majesty throughout the of Mr. Secretary Nicholas, be bath said inese, kingdom.-That, in pursuance of the same words, or words to this effect, • That his ma- traiterous design, being intrusted with the jesty had given 10,0001. to remove a zealous Treaty of the Marriage betwixt bis majesty • Protestant, that he might bring into that and bis royal consort thic queen, he concluded
place of high trust a concealed Papist;' vot- it upon Articles scandalous and dangerous to withstanding that the said sir Henry Bennet the Pro:estant Religion.--Tbat, in pursuance is known to have ever been, both in lis pro- of the same traiterous design be concluded the fession and practice, constant to the Protes- said Marriage, and brought the king and queen tant Religion.—That, in pursuance of the same together, without any settled Agreement in traiterous design, several near friends and wliat manner the rites of marriage should be kuown dependents of his bare said aloud, performed; whereby, the queen refusing to be • That, were it not for my lord chancellor's inarried by a Protestant bishop òr priest, in standing in the gap, Popery would be intro- case of her being with child, either the succesduced into this kingdom;' or words to that sion should be made uncertain for want of the effect.—That in pursuance of the aforesaid due rites of matrimony, or else his majesty be traiterous design, he bath not only advised and exposed to a suspicion of having been married persuaded the king to do such things, contrary his own dominions by a Romish priest, to his own reason and resolutions, as might whereby all the former scandals endeavoured confirm and increase the scandal which he bad to be raised upon his majesty by the said earl endeavoured to raise upon his majesty as as to point of Popery inight be confirmed and aforesaid, of bis favour to Popery; but inore heightened.—Thar, having thus traiterously particularly to allow his name to be used to endeavoured to alievate the affections of bis the Pope and several Cardinals, in the solici- majesty's subjects from him upon the score of tation of a Cardinal's Cap for the lord Aubig- Religion, lie bath endeavoured to make use of By, one of his own subjects and great almoner all the malicious scandals and jealousies which at present to his royal consort the queen.- he and his emissaries had raised in his maThat, in pursuance of the saine wicked and jesty's subjects, to raise from them untu himtraiterous design, he had recommended to be self'the popular applause of being the zealous employed to the Pope one of his owo domes- upholder of the Protestant Religion, and a tics, Mr. Rd. Beliny, a person, thougli an promoter of new severities against Papists.arowed Papist, known to be trusted and That he hath traiterously endeavoured to alieemployed by him in dispatches and negotiuo nate the affections of his majesty's subjects tions concerning affairs of greatest conjoern- from bim, by venting in bis own discourses, ment to the vation. That, in pursuance of and by the speeches of his nearest relations the said traiterous design, he, being chief mi- and emissaries, opprobrious scandals against nister of state, did himself write, by the said his majesty's person and course of life; such Mr. Rd. Beling, letters to several cardinals, as are not fit to be mentioned, unless necespressing them in the king's name to induce the sity in the way of proof shall require it.-. That Pope to confer a Cardinal's Cap on the said he hath traiterously endeavoured to alienate lord Aubigny; promising, in case it should be the affections of bis highness the duke of York from his majesty, by suggesting unto him to prosecute in the king's behalf. That there jealousies as far as in him lay, and publishing be a liberty granted of additional Charges, 8Cabroad by his emissaries, That bis majesty in- cording as the earl of Bristol shall be enabled tended to legitimate the duke of Monmouth.' to make out proofs of new matter. That • That be bath wickedly and inaliciously, con- Commissions be granted for examination of trary to the duty of a privy counsellor of Eng-, divers witnesses, bulb in Scotland and Ireland, and contrary to the perpetual and most land, according to the List the earl of Bristol important interest of this nation, persuaded shall give in. That order be taken, that the bis majesty against the advice of the lord ge- ! lord Aubigny and Mr. Kd. Beling, two most neral to withdraw the English garrisons out of important winesses, depart not the kingdom, Scotlanı, and to demolish all the forts built till they bave answered fully to the interrogatliere at so vast a charge to this kingdoin. - tories which are to be proposed unto tiem. That, his majesty having been graciously pleas
“ BRISTOL." ed to cominunicate the desires of the parlia- To which Articles the Lord Chancellor ment of Scotland, for the remove of the said I made a stort speech exiempore to some of the garrisons, to his parliament of England, and to particulars, and declared his innocence. ask their advice therein, the said carl of Clarendon not only persuaded his majesty actu- * Lord Clarendon's own account of this ally to remove those garrisons, without ex- transaction is as follows : “ The earl of Bristol pecting the advice of his parliament of Eng- came one mo. ning to the house of peers with land concerning it, but did, by menaces of his a Paper in bis band; and told the lords, that majesty's displeasure, deter several members • be could not but obserre, that after so. gloof parliament from moving the houses, as they crious a return with which God had blessed intended, to enter upon consideration of that " the king and the nation, so that all the world matter.-That be bath traiterously and ma- • bad expected, that the prosperity of the liciously endeavoured to alienate his inajesty's "kingdon would bare far exceeded the misery atlections and esteem from this bis parliament; and adversity that it had for many years enby telling bis majesty, • That there never was dured; and after the parliament had contri. • so weak nor so inconsiderable a house of bured more towards it, than ever parliament " lords, nor never so weak nor so heady a liad done : notwithstanding all which, it was
house of commons,' or words to that ef- ' evident to all men, and lainented by those who fect; and particularly, “That it was better to I wished well to bis majesty, that his affairs "sell Dunkirk, than to be at their mercy for grew every day worse and worse; the king
want of money,' or words to that effect.- obimself lost much of his honour, and the at That he hath wickedly and maliciously, con
• fection be bad in the hearts of the people. trary to his duty of a counsellor, and to a • That for his part he looked upon it with as known law made the last sessions, by which much sadness as any man, and had made enmoney was given and particularly applied for the quiry as well as he could from whence this maintaining of Dunkirk, advised and effected great misfortune, which every body was senthe Sale of the saine to the French king.- osible of, could proceed ; and that he was That he hath maliciously and contrary to law 6 satisfied in his own conscience, that it proenriched himself and his creatures by the Sale 'ceeded principally from the power and credit of Othces.--That, contrary to his duty, he cand soie credit of the Chancellor: and therebath wid
dly and corruptiy converted to bis fore he was resolved, the good of his own use great and vast sums of public money country, to accuse the Lord Chance!lor of raised in Ireland, by way of subsidy, private High Treason; which he had donc in the and public benevolences, and otherwise, given Paper which he desired might be read, all and intended to detray the charge of govern- 'written with his own liand, to which he subment in that kingdom; by svhich means 'scribed his name.'— The Paper contained a supernunerary and disaffected army hath many Articles, which be called Articles of been kept up there, for want of money to High Treason and other Misdemeanors ; pay then off'; and their want of pay, so amongst which one was, that he had peroccasioned, seems to be the cause of the suaded the king to send a gentleman (a crealate and present distempers in that king- eure of his own) to Rome, irith letters to the doin. That, having arrogated to liimself a su- Pope, to give a Cardinal's Cap to the lord preme direction of all his majesty's affairs, he Aubigny, who was almoner to the queen.' bath with a malicious and corrupt intention | The rest contained his assuining to himself prevailed to have bis majesty's Customs farmed the government of all public affairs, which he at a far lower rate than others did offer, and had administered unskilfully, corruptly and that by persons with some of whom he goes traiteronsly; which be was ready to prove.'a share in that and other parts of monies re- The Chancellor, without any trouble in his sulting from his inajesty's Revenue. BRISTOL..” countenance, told the lords, “That he had
“ In pursuance of this Charge, it is desired, bad the honour heretofore to have so much That the person of the earl of Clarevdou may *the good opinion and friendship of that lort, be secured, That his majesty's counsel learned : that he durst appeal to his own conscience, in the law be appointed to draw up a Charge that he did not himself believe one of those in form, according to these Heads and such • Articles to be true, and knew the contrarv 'of others as the earl of Bristol shall exhibit, and 'most of them. And he was glad to find
Then the house ordered, “ That a Copy of the Judges, are to consider, whether the said the aforesaid Articles should be prepared, and Charye hath been brought in regularly and ledelivered to the king, that so he might be gally? and wbether it may be proceeded in ? made acquainted with them.--And the Lord and how ? and whether there be any Treason Chancellor is to have a copy of them; and in it, or no? and to make report ihereot' to anottier Copy is to be made, and delivered to this house on Donday next, if they can, or the Judges.”—And this ensuing Order was else as soon after as possibly they can.” also made ; viz. “ Ordered, by the lords spi- Opinion of the Judges upon the said Articles.] ritual and temporal in parliament assembled, July 13. This day being , appointed for the That a Copy of the Articles of High Treason Judges to deliver their Opinion upon the Arexhibited this day, by the earl of Bristol, ticles of High Treason exbibited by the earl of against the Lord Chancellor, be delivered to Bristol against the Lord Chancellor; the lord the lord chief justice, who'with all the rest of chief justice Bridgman, by the agreement, and
that he thought it so high a crime to send to looked upon them as a libel against himself • Rome, and to desire a Cardinal's Cap for a more than a charge against the chancellor, • Catholick lord, who had been always brest who upon bis knowledge was innocent in ali • from bis cradle in that faith: but he did as- the particulars charged upon hini;' which re'sure them, that that gentleman was only sent port the lord chamberlain inade the next mornby the queen to the pope, upon an'atlair ing to the house : and at the same time the
that she thought herself obliged to comply Judges declared their Opinion unanimously, • with him in, and in hope to do soine good that the whole Charge contained nothing of
otice to Portugal; and that the king bad treason though it were all true.' Upon which i neither writ to the Pope, nor to any other the earl of Bristol
, especially upon what the person in Rome.
He spake at large io most lord chamberlain bad reported from the king, of the Articles, to shew the impossibility of appeared in great confusion, and lamented his their being true, and that they reflected more condition, “That he, for endeavouring to serve upon the king's honour than upon his; and bis country upon the impulsion of his consciconcluded, “ That he was sorry that lord had 'ence, was discountenanced, and threatened • not been better advised, for he did believe with the anger and displeasure of his prince; " that though all that was alledged in the Ar- " whilst his adversary kept his place in the .ticles should be true, they would not all house and had the Judges so much at bis de• amount to lligh Trcason, upon which he devotion that they would not certity agaiust * sired the Jud, es might be required to deliver him.' The Chancellor moved the house, that
their opinion;' the which the lords ordered a short day night be given to the earl, to the Judges to do. It was moved by one of the bring in his evidence to prove the several Jords, “That the Copy of the Articles might matters of bis Charge; otherwise that he be sent to the king, because he was mentioned might have such reparation, as was in their so presumptuously in them;' which was like- jndgments proportionable to the indignity ;' wise agreed ; and the Articles were delivered | The earl said, 'Ile should not fail io proto the lord chamberlain to present to the king. duce witnesses to prove all he bad alleged, - The Chancellor bad proinised that day to
and more: but that he could not appoint a dine in Whitehall, but would not presume to
time when he could be ready for a hearing, go thither till he had sent to the king, not because many of his most important witthinking it fit to go into his court, whilst he lay nesses were beyond the seas, some at Paris, under an accusation of High Treason, without and others in other places; and that he must bis leare. His majesty sent him word, • That examine the duke of Ormond who was lieuhe should dine where he liad appointed, and tenant in Ireland, and the earl of Lautheras soon as he had dined that he should attend dale who was then in Scotland, and unust him. Then bis majesty told him and the desire commissioners to that purpose.'- But lord treasurer all that had passed between the from that day he made no farther instance : earl of Bristol and him in the presence of the and understanding that the king had given lord Aubigny, and in the relation of it ex- warrants to a sergeant at arins to apprehend pressed great indignation, and was angry with bin, he concealed hinrself in several places Irimse!f that he had not immediately sent for the space of near two years; sending him to the Tower,' which he said he would sometimes letters and petitions by his wile to as used the Chancellor with much grace and in the end luis majesty was prevailed with by told him, that the earl of Bristol had not the lady and sir Harry Bennet to see bim in treated liim so ill as he had done bis majesty; private ; but would not admit him to come to and that his Articles were more to his dis the court, nor repeal his warrants for his aphonour, and relected more upon him), for prehension : so that lie appeared not publicly which he would have justice.his majesty till the Chancellor's misfortune; and then be commanded the lord clamberlain to return came to the court and to the parliament in his thanks to the house. For the respect great triumph, and shewed a more impotent they had shewed to him, in sending those Ar- malice than was expected from his generosity ticles to lim : and to let them know, that he and understanding." Life, p. 209.
in the naine, of all the rest, delivered in this Protest against the Bill for Encouragement of unanimous Answer following; viz. 1.“We con- Trade.] July 21. A Bill entitled, • An Act for ceive, That a Charge of High Treason cannot the Encouragement of Trade,' being this day by the laws and statutes of this rcalm be ori- read the third time, and ready to be put to the ginally cxhibited by any one peer agninst ano question for passing into a law; it was movther unto the house of peers; and that there er, and granted by the house, that if the quesfore the Charge of High Treason by the earl of tion passed in the affirmative, such peers as Bristol against the lord chancellor hath not were against the Bill night enter their Protesbeen regularly and legally brought in. 2. And tation; and accordingly we « bose names are if the matters alledged in the said Charge subscribed do protest against the said Bill bewere admitted to be true (although alleged ing made a law, for the reasons following: 1. to be traiterously done), yet there is not any Because, in the free liberty given for transtreason in it."
porting of money and bullion, this Bill crosseth The King's Message thereon.] July 13. The the wisdom and care of our ancestors in all Lord Chamberlain presented to the bouse the ages, who by many laws and penalties, upon following Message for the king : “ His ma- excellent and approved grounds, bare rejesty, having received from bis house of peers strained such exportation, and thereby prea Copy of the Writing which the earl of Bristol served trade in a flourishing condition; 2. had delivered in, containing Articles of sup- There appearing already great want of Money posed High Treason and other Misdemeanors in bis majesty's dominions, and almost all the against the Chancellor of England, doth give gold of bis majesty's stamp gone, notwithyour lordships very many thanks for your standing the restraint niade by law, and the great care and regard in transmitting the same importation of foreign conimudities (which are to him; upon view of which, his majesty finds grown to so great an esteem and use amongst several matters of fact charged, which upon us) being much greater than the export of our his own certain knowledge are untrue. And native and simple commodities, it must nehis majesty cannot but take notice of the cessarily follow, by this free exportation, that many scandalous reflections in that Paper upon our silver will also be carried away into foreign bimself and his relations, which he looks upon parts, and all trade fail for want of money, as a libel against his person and government; which is the measure of it. 3. It will make all for which, and other things, bis majesty will in our native commodities lie upon our bands, due time take such course against him as shall when, rather than stay for gross goods, which be agreeable to justice.”
pay custom, the merchant, in a quarter of an Resolutions of the Lords concerning the said hour, when his wind and tide serve, freights Articles.] July 18. The lords resumed the his ship with silver. 4. trencheth highly debate, upon the above opinion of the Judges, upon the king's prerogative, he being by the and the question' being put “ whether this law the only exchanger of noney, and his house doth concur with the opinion of the interest equal to command that, as to command Judges herein," it was resolved in the affir- the Militia of the kingdom, which cannot submative, nem. con *.
sist without it; and it is dangerous to the « - The earl of Bristol's friendship with Cla- able to elude this rash assault, his credit at rendon, which had subsisted with great inti- court was sensibly declining; and in proportion inacy during their exile and the distresses of as the king found himself established on the the royal party, had been considerably im- throue, he began to alienate himself from a pairert since the restoration, by the chancellor's minister, whose character was so little suited to refusing his assent to some grants, which bois own. Charles's favour for the catholics Bristol had applied for to a court lady: and a was always opposed by Clarendon, public liberty little after, the latter nobleman, agreeably lo was secured against all attempts of the overthe impetuosity and indiscretion of his teinper, zcalous royalists, prodigal grants of the king broke out against the minister in the most out- were checked or refused, and the dignity of rageous manner. He even entered a charge his own character was so much consulted by of treason against him before the house of the chancellor, that he made it an inviolable peers; but had concerted his measures so im- rule, as did also his friend Southampton, never prudently, that the judges, when consulted, to enter into any connexion with the royal declared, that, neither for its matter nor its inistresses. The king's favourite was Mrs. forin, could the charge be legally received. Palmer, afterwards created duchess of CleveThe articles indeed resemble more the incohe- land; a woman prodigal, rapacious, dissolute, rent altercations of a passionate enemy, than a violent, revengeful. She failed not in her turn serious accusation, fit to be discussed by a to undermine Clarendon's credit with his court of judicature ; and Bristol binself was master; and her success was at this time made so ashamed of his conduct and defeat, that he apparent to the whole world. Secretary Nichoabsconded during some time.—Notwithstand- las, the chancellor's great friend, was removed ing his fine talents, bis eloquence, his spirit, from bis place ; and sir Harry Bennet, his and his courage, he could never reguin the avowed criemy, was adranced to that office. character which he lost by this basty and pre- Bennet was soon after created lord Areipitate ineasure. But though Clarendon was lington." Hume,
peace of the kingdom, when it shall be in the and those present did make their purgation ; power of half a dozen or half a score rich, dis- and the assistants likewise did particularly contented, or factious persons, to make a Bank clear themselves. But, in regard some lords of our coin and bullion beyond the seas for were now absent who were present this morn-, any mischief, and leave us in want of money ; ing, the house did order, That if any member and it shall not be in the king's power to pre- or assistant of this house hath taken the said vent it, the liberty being given by a law ; nor Bill away, and doth not bring it again tiine to keep his mint going, because money will enough to have it pass the royal assent this yield vore from than at the Mint. 5. Because day, this house will proceed against them a law of so great change, and threatening so severely for the same. much danger, is made perpetual, and not pro- Tie Speaker's Speech to the King at the bationary. 6. Because, in the restraint laid Prorogation.) This day the king came dowa on Importation of Irish Cattle, common right to the house of peers, and gave command to and the subjects liberty is invaded ; whilst the gentleman usher of the Black rod, to signify they, being by law native Englishmen), are his pleasure to the house of comnions, Thas debarred the English markets, which seems they should presently come up, with their also to, monopolize the sale of cattle to some Speaker, to attend his majesty. "Who accordof his majesty's English subjects, to the de- ingly being come, the Speaker made this struction of others. 7. It will, we conceive, Speech following: increase the king's charge of Ireland, by calling May it please your most Excellent Mafor revenue from England, if that, which is jesty ; The knights, citizens, and burgesses of almost the only Trade of Ireland, shall be pro- the commons house of parliament, have, since hibited, as in effect it is; and so the people, their last meeting, in many weighty and arduvus we conceive, disabled to pay the king's dues, affairs, presented your majesty with their or grant subsidies in Ireland. 8. It threatens humble advice, which, with all thankfulness danger to the peace of the kingdom of Ireland, they acknowledge, never wanted a most graby universal poverty; which may have an un-ious reception. Never any prince did so happy influence upon the rest of his majesty's freely commune with liis people; and never dominions. 9. The restraint upon importation any people did with more joy and duty comof Irish and Scotch cattle will, we conceive, memorate their happiness.---The last session be decay of two of his majesty's cities of Eng- of parliament, our care was chiefly to secure land, Carslisle and Chester, make a dearth in the being of this nation under our ancient, London, and discommode many other parts of happy monarchical government. This session, England. Other reasons are forborne, which we have endeavoured to advance the peace time will produce. ANGLESEY."
and well-being both of Church and State.:A Bill for the better Observation of the Saba Material structures are best secured by deep bath, lust of the Table of the House of Lords.] foundations in the earth ; but the foundations July 27. The house being informed, by the of true happiness are from above. We bare clerk of the parliaments, That the Bill for therefore, in the first place, perused the laws the better Observation of the Lord's-Day hath which rio enjoin the Observation of the Lord'sbeen, during the sitting of the house, taken day; and where we found any defect, either from the table, and is not now to be found, in rules or penalties, we have with great care the lords thouglit fit, in a business of this high supplied them; well knowing that he who doth concernment (the like being never known or pot remember on the first day of the week to heard of to have been done before), that every observe a Christian Sabbath, will hazard lord and assistant to this house should declare before the week comes round to forget he is a himself, whether he bath it or not, or can tell Christian.-We read in the story of Lewis the what is become of it. To that end, the clerk of 9th of France, when he took his voyage into the parliaments and the clerk assistant had the Eastern einpire to assist the distressed their vaths given them ; who, upon the said Christians, the fame of his holiness moved the oaths, did aver that the said Bill now missing king of Tartary to send bis ambassadors, to was upon the table, in a bag, this morning, offer hiin friendship, and to acquaint him he amongst the other bills which were to be pre- bad a desire to become a Christian ; where. sented to the king for his royal assent this day. upon Lewis sent him preachers, to instruct And being cominanded by the house to tell, i him in the Christian religion. But the Tar• Whether any lords were at the table, med- tarians observing the lives of the Christians dling with any of the said bills, this morning :' were not answerable to their profession, they They did depose,'' That divers lords were at returned with the shame of their own ill lives the table this morning, and did take the Bills upon them, whose doctrines were so fainous.-out of the said bag, and scattered them upon That which in those days was the reproach of the table : wbereupon the clerk of the parlia- those Cbristians, is much more at this day the ments, taking the said bills into his custody, shame of this nation ; wc know more, but telling the number of them, found one to be practice less, than they did : we generally love wanting; and immediately examining the a sceptical rather than a practical religion ; titles hy the list, found the said Bill for the and are contendod to spend that tinc in study better Observation of the Lord's-day wanting.' of curious deceitful notions, which ought to be Upon this, every lord was called' by name; employed in the practice of known truilis. Tuu