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Dutch ships of war was taken: and three or four of their most inconsiderable merchantmen fell into the enemies hands. The rest, fighting with skill and courage, continued their course; and, favoured by a mist, got safe into their own harbours. This attempt is denomi nated perfidious and piratical by the Dutch writers, and even by many of the English. It merits at least the appellation of irregular; and as it had been attended with bad success, it brought double shame upon the contrivers. The English ministry endeavoured to apologize for the action, by pretending that it was a casual renconter, arising from the obstinacy of the Dutch, in refusing the honours of the flag: but the contrary was so well known, that even Holmes himself had not the assurance to persist in this asseveration.-Till this incident the States, notwithstanding all the menaces and preparations of the English, never believed them thoroughly in earnest; and had always expected that the affair would terminate, either in some demands of money, or in some proposals for the advancement of the prince of Orange. The French themselves had never much reckoned on assistance from England; and scarcely could believe that their ambitious projects would, contrary to every maxim of honour and policy, be forwarded by that power which was most interested, and most able to oppose them. But Charles was too far advanced to retreat. He immediately issued a Declaration of war against the Dutch (March 17); and surely reasons more false and frivolous never were employed to justify a flagrant

granted, during the first Dutch war, and was not much remarked; because men had, at that time, entertained less jealousy of the crown. A Proclamation was also issued, containing rigorous clauses in favour of pressing: another full of menaces against those who presumed to speak undutifully of his majesty's measures, and even against those who heard such discourse, unless they informed in due time against the offenders: another against importing or vending any sort of painted earthen ware, except those of China, upon pain of being grievously tined, and suffering the utmost punishment which might be lawfully inflicted upon contemners of his majesty's royal authority." Au army had been levied; and it was found, that discipline could not be enforced without the exercise of martial law, which was therefore established by order of council, though contrary to the petition of right. All these acts of power, how little important soever in themselves, savoured strongly of arbitrary government, and were no-wise suitable to that legal administration, which the parliament, after such violent convulsions and civil wars, had hoped to have established in the kingdom.-It may be worth remarking, that the lord-keeper refused to affix the great seal to the Declaration for suspending the Penal Laws; and was for that reason, though under other pretences, removed from his office. Shaftesbury was made chancellor in his place; and thus another member of the CABAL received the reward of his counsels.-Foreign transactions kept pace with these domestic occurrences. An attempt, before the declara-violation of treaty. Some complaints are tion of war, was made on the Dutch Smyrna fleet by sir Robert Holmes. This fleet consisted of 70 sail, valued at a million and a half: and the hopes of seizing so rich a prey had been a great motive for engaging Charles in the present war, and he had considered that capture as a principal resource for supporting his military enterprises. Holmes, with nine frigates and three yachts, had orders to go on this command; and he passed Sprague in the channel, who was returning with a squadron from a cruize in the Mediterranean. Sprague informed him of the near approach of the Hollanders; and had not Holmes, from a desire of engrossing the honour and profit of the enterprize, kept the secret of his orders, the conjunction of these squadrons had rendered the success infallible. When Holmes approached the Dutch (March 13), he put on an amicable appearance, and invited the admiral, Van Ness, who commanded the convoy, to come on board of him: one of his captains gave a like insidious invitation to the rearadmiral. But these officers were on their guard. They had received an intimation of the hostile intentions of the English, and had already put all the ships of war and merchantmen in an excellent posture of defence. Three times were they valiantly assailed by the English; and as often did they valiantly defend themselves. In the third attack one of the

there made of injuries done to the East-India company, which yet that company disavowed: the detention of some English in Surinam is mentioned; though it appears that these persons had voluntarily remained there: the refusal of a Dutch fleet, on their own coasts, to strike to an English yacht, is much aggravated: and to piece up all these pretensions, some abusive pictures are mentioned, and represented as a ground of quarrel. The Dutch were long at a loss what to make of this article; till it was discovered, that a portrait of Cornelius de Wit, brother to the pensionary, painted by order of certain magistrates of Dort, and hung up in a chamber of the town-house, had given occasion to the complaint. In the perspective of this portrait, the painter had drawn some ships on fire in a harbour. This was construed to be Chatham, where de Wit had really distinguished himself, and had acquired honour; but little did he imagine, that, while the insult itself, committed in open war, had so long been forgiven, the picture of it should draw such severe vengeance upon his country. The conclusion of this manifesto, where the king still professed his resolution of adhering to the Triple Alliance, was of a piece with the rest of it.-There was no ally on whom the Dutch more relied for assistance than the parliament of England, which the king's necessities at last obliged him to assemble.”

TENTH SESSION OF THE SECOND PARLIAMENT. | me fit to be invested with a trust of so high Sir Job Charleton chosen Speaker.] Feb. 4. 1672-3. This day both houses met, and sir Edw. Turner, the last Speaker of the house of commons, having been made lord chief-baron of the exchequer, the first thing they did was to choose a new Speaker; to this end, sir Job Charleton, serjeant at law, was recommended to them, and unanimously elected. Who, being presented to the king, made the following ex

cuse:

"Most gracious sovereign, The knights, citizens, and burgesses of your house of commons, in obedience to your royal command, have proceeded to the choice of a Speaker. They have among them many worthy persons eminently qualified for so great a trust; yet, with too favourable an eye, have cast it upon me, who am really conscious to myself of many infirmities rendering me much unfit for so great an employment. And although my endeavours of excusing myself before them have not been successful, yet they have been so indulgent as to permit me to continue my endeavours therein before your majesty's most piercing and discerning judgment. The veneration due to your majesty, which lodgeth in every loyal breast, makes it not an easy matter to speak before your maj. at any time, or in any capacity. But to speak before your maj. in your exaltation, thus gloriously supported and attended, and that as Speaker of your house of commons, requires greater abilities than I can pretend to own. I am not also without fear that the public affairs, wherein your maj. and your kingdom in this juncture of time are so highly concerned, may receive detriment through my weakness. I therefore, with a plain humble heart, prostrate at your royal feet, beseech that you will command them to review what they have done, and to proceed to another election."

Then the Lord Chancellor, (Shaftsbury) by directions from his maj. returned this Answer: "Mr. Serjeant Charleton, The king hath very attentively heard your discreet and handsome discourse, whereby you endeavour to excuse and disable yourself for the place of Speaker: In answer whereof, his majesty hath commanded me to say to you, that he doth in no sort admit of the same; for his majesty hath had long experience of your abilities, good affection, integrity, and resolution, in several employments of great trust and weight. He knows you have been long a parliament man, and therefore every way fitted and qualified for the employment. Besides, he cannot disapprove the election of this house of commons, especially when they have expressed so much duty in choosing one worthy and acceptable to him. And therefore the king doth allow of the election, and admits you for Speaker."

Whereupon Mr. Speaker made this Reply: "Great Sir. Since it is your gracious pleasure, not to accept of my humble excuse, but by your royal approbation to fix me under this great though honourable weight, and to think

a nature as this is; I take it, in the first place, to be incumbent upon me, that I render your maj. all possible thanks; which I now humbly do, with a heart full of all duty, and affected with a deeper sense of gratitude than I can find words to express. Next, from your royal determination in this affair, whereby you have imprinted a new character upon me, I take courage against my own diffidence, and cheerfully bend myself, with such strength and abilities as God shall give, to the service so graciously assigned me; no way doubting that your majesty will please to pardon my frailities, to accept of my faithful endeavours, and always to look favourably upon the work of your own hands. And now, sir, my first entrance upon this service obliges me to make a few necessary, but humble petitions, on behalf of your most loyal and dutiful house of commons: 1. That, for our better attendance on the public service, we and our servants may be free, in our persons and estates, from arrests and other disturbances. 2. That, in our debates, liberty and freedom of speech be allowed us. 3. That, as occasions shall require, your majesty, upon our humble suit, and at such times as your majesty shall judge seasonable, will vouchsafe us access to your royal person. 4. That all our proceedings may receive a favourable construction. That God who bath brought you back to the throne of your fathers, and with you all our comforts, grant you a long and prosperous reign, and send you victory over all your enemies; and every good man's heart will say, Amen.""

Upon which, by his majesty's further direction, the Lord Chancellor said as followeth :

"Master Speaker, The king's maj. hath heard, and well weighed, your short and eloquent oration; and in the first place, much approves that you have with so much advantage introduced a shorter way of speaking upon this occasion. His maj. doth well accept of all those dutiful and affectionate expressions, in which you have delivered your submission to his royal pleasure; and looks upon it as a good omen to his affairs, and as an evidence that the house of commons have still the same heart, that have chosen such a mouth. The conjuncture of time, and the king and kingdom's affairs, require such a house of commons, such a Speaker; for, with reverence to the holy scripture, upon this occasion the king may say, 'He that is not with me, is against me;' for he that doth not now put his hand and heart to support the king in the common cause of this kingdom, can bardly ever hope for such another opportunity, or find a time to make satisfaction for the omission of this."

The King's Speech on opening the Session.] Then his majesty spake as followeth :

"My Lords and Gentlemen; I am glad to see you here this day. I would have called you sooner together, but that I was willing to ease you and the country till there were an ab

solute necessity. Since you were last here, I speech that hath not its full weight, and, I have been forced to a most important, neces-dare with assurance say, will have its effect sary, and expensive war; and I make no doubt with you. His maj. had called you sooner, and but you will give me suitable and effectual his affairs required it, but that he was resolved assistance to go through with it. I refer you to give you all the ease and vacancy to your to my Declaration for the Causes, and indeed own private concerns, and the people as much the Necessity of this War; and shall now only respite from payments and taxes, as the netell you, that I might have digested the indig- cessity of his business, or their preservation, nities to my own person, rather than have would permit. And yet (which I cannot but brought it to this extremity, if the interest as here mention to you), by the crafty insinuwell as the honour of the whole kingdom bad ations of some ill-affected persons, there have not been at stake: and if I had omitted this been spread strange and desperate rumours, conjuncture, perhaps I had not again ever met which your meeting together this day hath with the like advantage.-You will find, that sufficiently proved both malicious and false.— the last Supply you gave me did not answer ex- His maj. hath told you, that he is now engaged pectation for the ends you gave it, the payment in an important, very expensive, and indeed of my Debts: therefore I must, in the next a war absolutely necessary and unavoidable. place, recommend them again to your especial He hath referred you to his Declaration, care. Some few days before I declared the where you will find the personal indignities by War, I put forth my Declaration for Indul- pictures and medals, and other public affronts, gence to Dissenters, and have hitherto found his maj. hath received from the States; their a good effect of it, by securing peace at home breach of Treaties both in the Surinam and when I had war abroad. There is one part in East India business; and at last they came it that hath been subject to misconstructions, to that height of insolence, as to deny the which is that concerning the Papists; as if honour and right of the Flag, though an unmore liberty were granted them than to the doubted jewel of this crown, never to be other Recusants, when it is plain there is less; parted with, and by them particularly owned for the others have public places allowed them, in the late Treaty of Breda, and never conand I never intended that they should have tested in any age. And whilst the king first any, but only have the freedom of their reli- long expected, and then solemnly demanded gion in their own houses, without any concourse satisfaction, they disputed his title to it in all of others. And I could not grant them less the courts of Christendom; and made great than this, when I had extended so much more offers to the French king, if he would stand by grace to others, most of them having been them against us. But the most Christian king loyal, and in the service of me and of the too well remembered what they did at Munster, king my father; and in the whole course of contrary to so many treaties and solemn enthis indulgence, I do not intend that it shall gagements, and how dangerous a neighbour any way prejudice the Church, but I will sup- they were to all crowned heads. The king and port its rights, and it in its full power. Having his ministers had here a hard time, and lay said this, I shall take it very ill to receive con- every day under new obloquies: sometimes tradiction in what I have done. And, I will they were represented as selling all to France, deal plainly with you, I am resolved to stick to for money to make this war; Portsmouth, my Declaration. There is one jealousy more, Plymouth, and Hull, were to be given into the that is maliciously spread abroad, and yet so French hands for caution. The next day weak and frivolous that I once thought it not news came, that France and Holland were of moment enough to mention, but it may agreed. Then the obloquy was turned from have gotten some ground with some well- treachery to folly. The ministers were now minded people; and that is, that the forces I fools, that some days before were villains. And have raised in this war were designed to con- indeed the coffee-houses were not to be blamed troul law and property. I wish I had more for their last apprehensions, since, if that conforces the last summer; the want of them then, junction had taken effect, then England had convinces me I must raise more against this been in a far worse case than now it is, and next spring; and I do not doubt but you will the war had been turned upon us. But both consider the charge of them in your Šupplies. kings, knowing their interest, resolved to join -I will conclude with this assurance to you, against them, who were the common enemies That I will preserve the true Reformed Pro- to all monarchies, and I may say, especially to testant Religion and the Church as it is now ours, their only competitor for trade and power established in this kingdom, and that no man's at sea, and who only stand in their way to an property or liberty shall ever be invaded. I universal empire as great as Rome. This the leave the rest to the Chancellor." States understood so well, and had swallowed so deep, that, under all their present distress and danger, they are so intoxicated with that vast ambition, that they slight a Treaty, and refuse a Cessation.-All this you and the whole nation saw before the last war; but it could not then be so well timed, or our alli ances so well made. But you judged aright

The Lord Chancellor Shaftsbury's Speech.] Then the Lord Chancellor spake as follows:

"My lords; and you the knights, citizens, and burgesses of the house of commons; The king hath spoken so fully, so excellently well, and so like himself, that you are not to expect much from me. There is not a word in his

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that at any rate delenda est Carthago,' that government was to be brought down; and therefore the king may well say to you, It is your war. He took his measures from you, and they were just and right ones, and he expects a suitable assistance to so necessary and expensive an action, which he hath hitherto maintained at his own charge, and was unwilling either to trouble you, or burthen the country, until it came to an inevitable necessity. And his majesty commands me to tell you, that unless it be a certain sum, and speedily raised, it can never answer the occasion. -My Lords and Gentlemen; Reputation is the great support of war or peace. This war had never begun, nor had the States ever slighted the king, or ever refused him satisfaction, neither had this war continued to this day, or subsisted now, but that the States were deceived in their measures, and apprehended his majesty in that great want of money, that he must sit down under any affronts; and was not able to begin or carry on a war. Nay, at this day the States support themselves amongst their people by this only falsehood, That they are assured of 'the temper of England, and of the parlia'ment, and that you will not supply the king in this war; and that if they can hold out till 'your meeting, they will have new life, and 'may take new measures.' There are lately taken two of their principal agents, with their credentials and instructions to this purpose, who are now in the Tower, and shall be pro ceeded against according to the law of nations. But the king is sufficiently assured of his people; knows you better; and can never doubt his parliament. This had not been mentioned, but to shew you of what importance the frankness and seasonableness of this Supply is, as well as the fulness of it. Let me say, the king bath brought the States to that condition, that your hearty conjunction at this time, in supplying his majesty, will make them never more formidable to kings, or dangerous to England. And if, after this, you suffer them to get up, let this be remembered; The States of Holland are England's eternal enemy, both by interest and inclination. In the next place to the Supply for the carrying on of the war, his maj. recommends to you the taking care of his Debts. What you gave the last session, did not near answer your own expectation. Besides, another considerable Aid you designed his maj. was unfortunately lost in the birth; so that the king was forced, for the carrying on of his affairs, much against his will, to put a stop to the payments out of the exchequer. He saw the pressures upon himself, and growing inconveniences to his people, by great interest: and the difference, through all his business, between ready money and orders. This gave the king the necessity of that proceeding, to make use of his own revenue, which hath been of so great effect in this war. But, though he hath put a stop to the trade and gain of the Bankers, yet he would be

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unwilling to ruin them, and oppress so many families as are concerned in those Debts. Besides, it were too disproportionable a burthen upon many of his good subjects. But neither the bankers nor they have reason to complain, if you now take them into your care, and they have paid them what was due to them when the stop was made, with 6 per cent interest from that time. The king is very much concerned both in honour and interest to see this done and yet he desires you not to mis-time it, but that it may have only the second place; and that you will first settle what you intend about the Supply.His maj. hath so fully vindicated his Declaration from that calumny concerning the Papists, that no reasonable scruple can be made by any good man. He hath sufficiently justified it by the time it was published in, and the effects he bath had from it; and might have done it more, from the agreeableness of it to his own natural disposition, which no good Englishman can wish other than it is. He loves not blood, nor rigorous severities; but where mild or gentle ways may be used by a wise prince, he is certain to choose them. The church of England and all good Protestants have reason to rejoice in such a head, and such a defender. His maj. doth declare his care and concerns for the church, and will maintain them in all their rights and privileges, equal if not beyond any of his predecessors. He was born and bred up in it; it was that his father died for: we all know how great temptations and offers he resisted abroad, when he was in his lowest co dition; and he thinks it the honour of his reign, that he hath been the restorer of the Church: it is that he will ever maintain, and hopes to leave to posterity in greater lustre, and upon surer grounds, that our ancestors ever saw it. But his maj. is not convinced that violent ways are the interest of Religion, or of the Church.There is one thing more that I am commanded to speak to you of, which is, the Jealousy that hath been foolishly spread abroad, of the forces the king hath raised in this war; wherein the king hath opened himself freely to you, and confessed the fault on the other hand: for, if this last summer had not proved a miracle of storms and tempests, such as secured their East India fleet, and protected their sea coasts from a descent, nothing but the true reason (want of money) could have justified the defect in the number of our forces. It is that his maj. is providing for against the next spring, having given out orders for the raising of 7 or 8 regiments more of foot, under the command of persons of the greatest fortunes and quality. And I am earnestly to recommend to you, that in your Supplies you will take into your consideration this necessary addition of charge.And after his majesty's conclusion of his speech, let me conclude, nay let us all conclude, with blessing God and the king: let us bless God, that he hath given us such a king, to be the Repairer of our Breaches' both in church and State, and the Restorer of our Paths to dwell

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in;' that, in the midst of war and misery, which rages in our neighbour countries, our garners are full, and there is no complaining in our streets; and a man can hardly know there is a war: let us bless God, that hath given this king signally the hearts of his people, and most particularly of this parliament, who, in their affection and loyalty to their prince have exceeded all their predecessors; a parliament with whom the king hath many years lived with all the caresses of a happy marriage. Has the king had a concern? You have wedded it. Has his maj. wanted Supplies? You have readily, chearfully, and fully provided for them. You have relied upon the wisdom and conduct of his maj. in all his affairs, so that you have uever attempted to exceed your bounds, or to impose upon him: whilst the king on the other hand, hath made your counsels the foundations of all his proceedings; and hath been so tender of you, that he hath upon his own revenue and credit endeavoured to support even foreign wars, that he might be least uneasy to you, or burthensome to his people. And let me say, That though this marriage be accord ing to Moses' law, where the husband can give a bill of divorce, put her away, and take another, yet I can assure you, it is as impossible for the king to part with this parliament, as it is for you to depart from that loyalty, affection, and dutiful behaviour, you have hitherto shewed towards him. Let us bless the king, for taking away all our Fears and leaving no room for Jealousies; for those assurances and promises he hath made us. Let us bless God and the king, that our Religion is safe; that the Church of England is the care of our prince; that Parliaments are safe; that our Properties and Liberties are safe. What more hath a good Englishman to ask, but that this king may long reign; and that this Triple Alliance of king, parliament and people, may never be dissolved."

The King's second Speech.] After this, his majesty spake to this effect:

"One thing I forgot to mention to you, which happened during this prorogation: I did give order that some writs might issue out, for the election of members instead of those that are dead, to the end the house might be full at their meeting; and I am mistaken if this be not done according to former precedents: but I desire you that you fall not to any other business till you have examined that particular; and I doubt not but precedents will justify what is done. I am as careful of all your privileges as of my own prerogative."

Debate on the Lord Chancellor's issuing Writs and making Elections and Returns, without Order or Warrant from the House.] Feb. 6. The house of commons went into a debate on the matter of issuing Writs, and making Elections and Returns, without Order or Warrant from the house, by the Lord Chancellor, the parliament not sitting.*

"The new Lord Chancellor blundered at

Sir John Birkenhead. If you tie up the hands of the lord chancellor, how will you be supplied with members when you come to sit? Sir John Knight. The king's prerogative is not judged at all, by annulling these writs: you are to take notice of the thing; and therefore moves that these writs may be suspended.

Sir Tho. Littleton. Though some writs were not issued out, it was for want of notice; though the threshold, and his first use of the Seal was for a trick, which, as tricks use, ended in disappointment and shame. There had been a long vacancy of parliament, in which interval divers members of the house of commons were dead, and some taken into the nobility. His lordship had a mind to fill these vacancies, especially such as were in the county of Dorset (where his own estate and interest lay) with creatures of his own. But there be had been formerly opposed by the noble col. Strangways, one of a mighty estate and interest in the west, and, (which was worst of all) an inexpugnable loyalist; who, for his eminent fidelity, was af terwards called to serve the king as a privy counsellor. His lordship thought that now, having power, he might manage the matter so as to get the better of him. And, for that end, he caused the writs, for the new elections, to issue, without staying for the meeting of the parliament and having the Speaker's Warrant, as the use, especially, of late, bath been: for that had given notice of the elections: but so his lordship's men, having the carriage of the writ, and, dodging with it, by surprise, (as was said) carried all against the interest of the loyal colonel, which put him into a great rage. This device was no sooner communicated and understood by the western gentlemen, with the colonel's sentiment of it, but they all determined to join, and get all these elections set aside; and, with that resolution, they came up, and the noble colonel at the head of them. At the first meeting of the house, when the usual forms were over, a member stood up, and looking about, said he observed divers new faces in the house, and did not remember that, before their last rising, the house had been moved for the filling of so many places; so he doubted the regularity of the sitting of those persons, and moved their titles might be examined. Another member, se conding, said he supposed those gentlemen would have the modesty to withdraw, whilst their case was in debate, and not attend the order of the house. So this whole set of new elects, (although mostly loyalists) filed out, and came in no more upon that choice. For, although it was shewed such writs had formerly issued during such prorogations, enough to have served the turn in causa favorabili, yet the late practice being otherwise, and the current strong that way, and the court party not able to hinder, all the elections, on that foot, were voted null, and new writs ordered to go." North's Examen. p. 56.

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