with affection; and that the King himself, without this new treaty, might have been drawn into the sentiments of his people. The money received from France enabled the King to dispense with a Feb. 15. parliament for fourteen months. When it met, doubts were 1677. started concerning the legality of its sitting, founded on the law of Edward the Third. * But in the House of Peers, Lords Shaftesbury, Salisbury, Wharton, and the Duke of Buckingham, who insisted on these objections, were sent to the Tower; where Lord Shaftesbury, who alone refused to make a submission, was confined for a whole year. In the House of Commons, a motion of Lord Russell, that to solve all doubts, and quiet apprehensions, an address for a dissolution should be carried to the throne, failed of success. In all probability the session might have passed away quietly, had not news arrived of the defeat of the Prince of Orange, and the taking of Cambray and St. Omer. The alarm excited by this intelligence produced an address for the preservation of Flanders. The King replied in general terms, that the preservation of Flanders was of great consequence, and that he would employ all the means in his power for the security of his kingdom. Upon this, the Commons sent up a second address, in which they assured His Majesty they would support him in a war with France, should he be obliged to undertake it.

Charles had now an excellent opportunity of reconciling himself to his parliament, and increasing his own power. But his secret inclinations for France prevented his taking advantage of it, and he coldly answered, twelve days after he received the address, that he

*It is ordained, by 36 Edw. 3. cap. 10., that a parliament shall be holden every year, therefore the prorogation for a term longer than a year was void in law. But a parlia ment must be either sitting, adjourned, prorogued, or dissolved, and this being none of the three former, must be the latter. It was objected, that the law was altered by an act of Charles I., but this was repealed by an act of 16 Car. 2. c. 1., by the words of which, parliaments were not to be discontinued above three years" from and after the determination of the present Parliament." Therefore the act of Charles I. being repealed, and that of Charles II. not yet in force, the old law of Edward remained in full vigour. The whole argument has more ingenuity than force in it. See "The Long Parliament dissolved :" "Considerations whether a Parliament be dissolved by a Prorogation of fifteen Months," &c.

must have money to enable him to put the kingdom in a state of defence. A demand for supplies before he had given any sign of an intention of going to war, was surely premature; but the Commons, eager for war, gave him to understand that they were preparing a bill for 200,0001. The King, however, said this sum was too little, and that he could not comply with their desires with less than 600,0001. The Commons did not choose to grant so large a sum in the absence of a great part of their members, and asked for an adjournment, which was immediately complied with. On the same day the King gave his consent to several acts, amongst which was one for abolishing the writ de hæretico comburendo. Lord Russell was absent during the last-mentioned debates. The following extract of a letter from Lady Vaughan, inclosing a copy of the King's shows with what zeal she laboured to satisfy his wish for political news.

message,

"I have stayed till past eight, that I might have as much intelligence as I knew how to get. Spencer promised to be here this evening, but I find him not in my chamber, where I expected him at my coming home, for I have spent the afternoon with my sister, Alinton, and by all our travels could not improve my knowledge, as I extremely desired to doe, that I might entertain your deare selfe the better by this letter, and soe could have bin content to be to-morrow morning, as ignorant as I was this, for all my endes and designes in this world are to be as useful and acceptable to my Mr. Russell as I can, to deserve better if I could the deare and real kindnesse, I faithfully believe his goodnesse suffers me to enjoy. My cousin Spencer is just come; the inclosed paper I copied from one Lord Alinton gave me last night; 'tis the King's message to the House yesterday: this day the debate held till 4 o'clock, and the result of it is, you have ordered a second addresse to thank His M- for taking into consideration your first, and to desire he would, if he please, pursue what in that they desired; and that they might not be wanting, they have added a clause (if the King accepts of it) to the money bill,

is

that gives him credit to use two hundred thousand of that money towards new alliances, promising, if he doe see cause to lay it out, to repair it to him againe: this, as Sir Hugh Cholmondeley says, not pleasing at court: expectations were much higher the Lords have not agreed with the Commons, they desire to have it put in the bill, they should receive an account as well as the Commons; that House was in a way of agreeing, and the Speaker pressed it, till after three hours debate, he told them suddenly he had mistook the thing, that he knew the House nice upon money matters, and the Lords had only a negative in money concerns, and this seemed an affirmative; so put it to the question, but would not divide the House, tho' if they had, the ayes would have carried it. I believe to-morrow at 2 is a conference with the Lords.'

When the Commons met again, after an adjournment of near five weeks, it was expected that the King had made some alliances to save Flanders; but instead of this, he again asked them for money, and gave them his royal word, that they should not repent any trust they would put in him for the safety of his kingdom. Whilst he was using this language to his Commons, he was busy in negociating for more money with the French ambassador; and the higher the passions of the Parliament for war, the greater the price that he asked for his neutrality. His pledging his royal word in Parliament was evidently only an artifice to procure money, and has been justly styled by Mr. Hume," one of the most dishonourable and scandalous acts that ever proceeded from a throne." *

The Commons, suspicious of the King's sincerity, and May 23. observing that he spoke always in general terms, at length requested him to make an alliance, offensive and defensive, with Holland, for the preservation of the Netherlands: but Charles gave a very angry answer; declared their address to be an interference with his prerogative of making peace and war; and put an end to the

Those who watched with jealousy the behaviour of the King, might easily perceive that he was still in his heart attached to France. He had entered into the wars against Holland without any assurance of support from his Parliament, and he had much more reason to expect it in a war undertaken entirely in compliance with the inclinations of his people. As for the charge against the Commons, of invading the prerogative, it was utterly groundless. They had not declared war, or put any force upon the King to oblige him to do it: they had only given their advice; and to refuse them this power, were to deny to the great council that right which is the basis of our free government.

This doctrine has scarcely been called in question in later times; and it seems to be allowed that the Commons may freely offer their advice upon the exercise of any part of the prerogative.

CHAP. V.

OF LORD

MARRIAGE OF THE PRINCE OF ORANGE.- MISSION
MEETING OF PARLIAMENT. SPEECH OF MR. SACHEVEREL.

ΤΟ
DURAS
PARIS.
MOTION OF SIR GILBERT
HESITATION OF THE KING. HE CONCLUDES
GENERAL PEACE.

GERRARD, SECONDED BY LORD RUSSELL.
A SECRET TREATY WITH FRANCE.

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THE minister, who had succeeded to the power of the Cabal, was Sir Thomas Osborne, afterwards Earl of Danby. He had got the Treasurer's staff upon the resignation of Clifford, and soon eclipsed Arlington in the royal favour. He was himself of the old Cavalier party, had been foremost in the prosecution of Lord Clarendon, and now made it the chief object of his administration to raise and strengthen the prerogative. The projects for enlarging the King's authority had hitherto failed of success. The Dutch war and the Non-resisting Test Bill had been arrested in their progress by the opposition raised in Parliament. Charles was too sagacious not to perceive, that the suspicions of his religion and of the French alliance had been the chief causes of his failure; and therefore readily gave into a scheme calculated to remove both obstacles at once. This was the marriage of the Prince of Orange to the eldest daughter of the Duke of York. So early as 1674, Lord Arlington had been sent to Holland to offer this match, with a proposal, at the same time, that the Prince of Orange should assist Charles against his rebellious subjects. * But the Prince of Orange at that time waved the subject; saying, with respect to the demand for aid, that he could not think the King of England could be so ill-beloved or so imprudent as to need such assistance. The April, first motion was now made by himself to Temple, who sent 1677. a verbal message by his wife to Lord Danby. It was not proposed to the King till two months after, and the Prince did not come to England till the end of September. † Even at this time the * Temple's Works, vol. ii. p. 294. + Danby's Letters.