Anno 31 Car
II. 1679.

concluded it would not fail of Succefs. In this Refolution they parted, and appointed to meet two Days after, for fixing it with his Majefty in Council, which was on the 27th of May. Sir William ftaid thefe two Days in the Country; and upon his Arrival early in the Morning, he was told by the Earl of Effex, That the King had found out there were Remonfrances ready prepared in the Houfe of Commons, to enflame the City and Nation upon the Points of Plots and Popery; and that their three Lordships, Hall tax, Sunderland, and himself, having thereupon confulted with his Majefty, he refolved the Parliament fhould be prorogued that Morning, upon the King's coming to the Houfe; and that it could not be allowed Time or Vent by a Debate in full Council. Sir William was forry that it could not have that Sanction, according to utual Form: But it paffed otherwile, and with very great Surprize and Refentment of both Houses, and fuch Rage of the Earl of Shafifbury, that, thereupon, he cried out in the House, He would have the Heads of thofe who were the Advisers of this Prorogation.

As the Term of the Prorogation was near expiring, all agreed that a Seffion could not conveniently begin before October; and a Day was appointed for confidering that Matter in full Council. It was obferved, that the Duke of Monmouth was now greater than ever; and that the Lord Shafifbury expected to be fo, upon the next Meeting of the Parliament, and at the Coft of those whom he took to be the Authors of the last Prorogation: The Lords Effex and Hallifax, now out of all Measures with the Duke of Monmouth, looked upon themselves as moft in Danger, and aimed at by the Lord Shaftsbury's Threats. This occafioned a Consultation among the three Lords, and Sir William Temple, whether, confidering the Distemper of the prefent Parliament, the best Course were not to diffolve it, and have another called in October? Which being unanimoufly carried in the Affirmative, and the King being fully of the fame Mind, it was refolved, that his Majefty fhould at next Council propose the Queftion, Whether there should be a further Prorogation, or a Diffolution, with a new Parliament; and that, in the mean time, the Lord-Chancellor and the other chief Officers fhould be acquainted with the King's Mind, either by himself or the three Lords, Sir William Temple being to go into the Country. By their Computation, they all four concluded there could not be above fix in the whole Council that could be against the Refolution; which, they thought would be a great Support to the King's Refolution against all the Exclamations they expected from the Earl of Shaftsbury and his Party; and at least against the Confequences

ufually

afually deduced from the Forms of calling and difmiffing Anno 31 Car. Parliaments, viz. The Advice of the Privy Council. II. 1679.

But when the Council-Day came, which was the 10th of July, the King and the three Lords having neglected to prepare the Lord-Chancellor and other chief Officers, Sir Wil liam Temple, at the King's propofing the Queftion, observed a general Surprize at the Board; which made him fuspect his Majefty had fpoke of it to few or none but the Chancellor, before he came in. It foon appeared he had not fo much as done that neither: For after a long Pause, he was the firft that rofe up, and fpoke long and violently against the Diffolution; was followed by the Lord Shaftsbury in the fulleft manner, and moft tragical Terms; and by the Lord Anglefea, who urged all the fatal Confequences that could be; being ftill followed by the Lord Arlington, Marquis of Worcester, and every Man there, except the three Lords, who spoke for the Diffolution; but neither with half the Length or Force of Argument they intended to have done. They left, it feems, that Part to Sir William Temple, who was fufficiently inftructed in the Cafe; but refenting the Negli gence of his Friends, who might fo eafily have effected what was agreed on, and feeing that Reafon would fignify nothing, after fuch a plain Majority, he contented himself with faying, That he thought it was every Man's Opinion, that a happy Agreement between his Majefty and Parliament was necessary to his Affairs, both at Home and Abroad: That all the Difference, in a Continuance of this, or affembling of another Par liament, would depend only upon the Probability of agreeing better and easier than the other: That his Majefty had spoken fo much of his defpairing about any Agreement with this present Parliament, and the Hopes he had of doing it with another, that for his Part he thought that ought to decide it, because he believed his Majefty could better judge of that Point than any body elfe. Upon this, the King ordered the Chancellor to draw up a Proclamation for diffolving the prefent Parlia Long Parliament, and calling another to affemble on the 17th of Octo- ment diffolved. ber following: Whereupon the Council broke up with the greatest Rage in the World, of the Lord Shaftsbury, Lord Ruffel, and two or three more, and the general Diffatisfaction of the whole Board.

The

Anno 31 Car.

II. 1679. *** ** ** *** *180* *98** ** *}*

The Fourth Parliament, or Third fummoned

by Writ, in the Reign of King CHARLES the Second.

THE

HE 17th of October, 1679, the new Parliament met; but after taking the Oaths, were immediately prorogued till January the 26th, when they met again,

In August the King having been taken ill, and the Lords Essex and Hallifax having entertain'd much Apprehenfion of the Refentment of Lord Shaftsbury, now in clofe League with the Duke of Monmouth, in cafe his Majefty should die, procured, firft, the recalling of the Duke of York from Bruffels; and, afterwards, the Banishment of Monmouth, and the Difmillion of Shaftsbury from the Head of the Council.

† In the mean time the new Council began to be more and more difunited, and gradually to fall in funder: Sir William Temple was highly difobliged at two of the three Lords, Effex and Hallifax, for concealing their fending for the Duke of York, and still treating of him as if they were Strangers to it; which ended all private Commerce between them and him. On the other Side they thought themselves not fufficiently found in the King's or the Duke's Confidence, and that they did other Mens Work; therefore they appear'd ready to give up their Parts in the public Affairs. Others, not well pleas'd with what was done at, and after the Duke's Arrival, feem'd inclinable to the fame Retreat. In this State of Affairs, October came on, in which the new Parliament was to meet; at which Time the two Dukes of York and Monmouth were both abroad. The Lord Shaftsbury endeavour'd to enflame the Noife of the late Conduct and Councils against the fitting of the Parliament, and to fet on foot Petitions in cafe they did not fit: The Minifters, were not able to ftand the opening of the Parliament; and therefore a short Prorogation was expected fome Days before that appointed for the Meeting. On the 15th of this Month, the Council being fat, the King, after a little Pause, told them, That, upon many Confiderations, which he could not at prefent acquaint them with, he found it necessary to make a longer Prorogation of the Parliament than he intended: That he had confider'd all the Confequences, fo far as to be abfolutely refolv'd, and not to hear any thing that fhould be said against it: That he would have the Meeting put off till that time Twelve-month.' However, he order'd the Prorogation to extend no farther than the 26th of January next.

All the Council were ftartled at this furprizing Resolution, and the Way of propofing it, except thofe few that were in the Secret; and they thought fit to be filent, and leave the Thing wholly upon his Majesty: Several others ftood up, and would have argu'd the Reasons and Confe. quences of it; but the King would not hear them, and fo all Debate ended. After which, Sir William Temple ftood up, and with great Freedom told his Majefty, That as to the Refolution he had taken, he would fay nothing, because he was refolv'd to hear no Reasoning upon it; therefore he would only prefume to offer him his humble Advice as to the Course of his future Proceedings; which was, That his Majefty, in his Affairs, would please to make ufe of fome Council or other, and allow Freedom to their Debates and Advices; after hearing which, his Majefty

II. 1679.

gain, and were told from the Houfe, that they were to Anno 31 Car. be again prorogued to April, and yet farther then, unless his Allies fhould ftand in need of their Affiftance; accordingly they were prorogued five ** Times more, and did not fit for

the

might yet resolve as he pleas'd. That if he did not think the Perfons or Number of this prefent Council fuited with his Affairs, it was in his Power to diffolve them, and conftitute another of any Number he pleas'd, and to alter them again when he would: But to make Counsellors that fhould not counfel, he doubted whether it was in his Majesty's Power, or not, because it imply'd a Contradiction. And fo far as he had obferv'd, either of former Ages, or the prefent, he question'd whether it was a Thing ever practis'd in England by his Majefty's Predeceffors, or were so now by any of the prefent Princes in Christendom: Therefore he humbly advis'd him to constitute fome fuch Council, as he would think fit to make use of, in the Digestion of his great and public Affairs.' His Majefty feem'd not difpleas'd at what he faid, but concluded the Matter as he had before determin'd it.

This increas'd the Breach in the new Council; and, in no long time, the Lord Ruffel, the Lord Cavendish, Sir Henry Capel, and Mr. Powle, pretending to despair of being able to serve the King any longer, in a Conduct of Affairs fo difagreeable to the general Humour of the People, went together to the King, and defired his Majefty to excuse their Attendance any more upon him at Council: To which the King, with his usual Frankness, anfwer'd, With all my Heart. The Lords Salisbury, Effex, and Hallifax, feem'd to have taken the fame Refolution, tho' not fo much in Form. However, the Lord Effex quitted his Place in the Treafury, and the Lord Hallifax did, in effect, retire; tho' he had own'd to Sir William Temple, "That his Humour must always have Bufinefs to employ it, or would elfe be uneafy.' Upon the Earl of Effex's leaving the Treasury, Mr. Laurence Hyde, and Mr. Sydney Godolphin, were, brought into the Council, and the firft in courfe took the Lord Effex's Place. These two, joining in Confidence with the Lord Sunderland, while Effex and Hallifax were abfent, and Sir William Temple in the Country, they were esteem'd to be alone in the Secret and Management of the King's Affairs, and look'd upon as the Miniftry. Upon the Removal of the Earl of Shaftsbury, the King made the Lord Roberts, foon after Earl of Radnor, Prefident of the Council. In the Room of the Duke of Monmouth, the Duke of Albemarle was made Captain of the Life-Guards of Horfe, and the Earl of Mulgrave, Governor of Hull, and Lord-Lieutenant of the East-Riding of Yorkshire. Sir Stephen Fox was made one of the Commiffioners of the Treasury, and Daniel Finch, eldest Son of the Lord Chancellor, now in the room of Sir Henry Capel, first Commiffioner of the Admiralty, was brought into the Council.

Several Petitions being at this Time on foot for the Parliament's fitting to dispatch Bufinefs, the King firft declared his Difpleasure at fuch Proceedings in Council, and afterwards published a Proclamation against them, in which they are faid to be contrary to the common and known Laws of the Land. Notwithstanding which, feveral of them were prefented to him, but all received with Reprimands. On the other fide, the City of Westminster express'd an Abhorrence of fuch Petitions by a public Act, deliver'd to his Majefty, by their Steward, Withins, who was knighted upon that Occafion; and their Example was followed by feveral Counties: So that ABHORRER and PETITIONER divided the whole Kingdom, which were foon loft in the mutual Reproaches, which ftill fubfift, of WHIG and TORY.

** In which Interval, the Duke of Monmouth returned from his Exile without

Anno 32 Car,
II. 1680.

Bill of Exclufon carried up to the Lords.

the Dispatch of Bufinefs till O&ober the 21ft, when his Majefty opened the Seffion with a Speech, which is to be found in CHANDLER's Hiftory, Anno 32 Car. II. 1680, Page 371, as is likewife the whole Debate on the Bill of Exclufion, in the fubfequent Pages, on which Account the Lofs of the Lords Debates on that important Point, except the fingle Speech of Lord Shafifbury, is the less to be regretted.

November the 15th, therefore, it was folemnly carried up to the House of Lords by William Lord Ruffel, attended by the Lord Cavendish, Sir H. Capel, and indeed by almost the whole Houfe of Commons; where it was opposed with as much Warmth as it had been espoused in the other House. The King himself being already resolved, and to all his Friends having declared against the Bill before it came to be read: And tho' the Earl of Shafifbury, the Earl of Effex, the Earl of Sun. derland, and about fifteen more, were zealous and violent for it; yet most of the reft of the Houfe were firm and pofitive against it; among whom the Lord Hallifax, in Spleen to Lord Shaftfbury, appeared with great. Refolution in the Head of all Debates. Upon the first reading of it, indeed, it was carried in the Affirmative, that it should be committed, by two Votes only. But after it had been ftrenuously debated till Eleven o'Clock at Night, the King being prefent all the whole Time; and then the Bishops being all againft it except three, it was thrown out, to the great Difappointment and Mortification of all the chief Promoters of this unweildy Attempt.

On

without Leave. The King, as in the Presence of Almighty God, declared, He never was married, as had been reported, to Mrs. Walters, the faid Duke's Mother: The Earls of Shaftsbury and Huntington; the Lords Grey of Werk, and Brandon-Gerard; the Lord Ruffel, the Lord Cavendifh, and eight Persons of Diftinction more, prefented the Duke of York in Westminster-Hall, as a Popish Recufant, by a Bill in Form, which they deliver d to the Grand-Jury (See the Debate on the Difmiffion of the faid Jury in CHANDLER'S Hift. Anno 32 Car. II. 1680, Page 450) and the faid Duke was, thereupon, again order'd back to Scotland, from whence he had return'd in February.

*This was one of the greatest Days ever known in the House of Lords, with regard to the Importance of the Business they had in hand, which concerned no less than the lineal Succeffion to the Crown, the Bill having paffed the Commons, who fent it up to the Lords. Great was the Debate, and great were the Speakers; the chief of those for the Bill was the Earl of Shaftsbury; the chief of those against it, Lord Hallifax. It was Matter of Surprize, that the latter fhould appear at the Head of an Oppofition to the former, when they were wont always to draw together; (Sir John, it seems, was ignorant of the Animofity between those Lords) but the Business in Agitation was against the Lord Hallifax's Judgment, and therefore he oppos'd it with Vigour; and, being a Man of the clearest Head, finest Wit, and fairest Eloquence, he made fo powerful a Defence, that he alone, so all confefsed, influenced the House, and perfuaded them to throw out the Bill.