obtained, exemption to the Roman Catholics of England from the penal laws in force against them: by which address unto the Pope for that ecclesiastical dignity for one of his majesty's subjects and domestics, he hath, as far as from one action can be inferred, traiterously acknowledged the Pope's ccclesiastical sovereignty, contrary to the known laws of this kingdom. That, in pursuance of the same traiterous design, he hath called unto him several Priests and Jesuits, whom he knew to be Superiors of Orders here in England, and desired them to write to their generals at Rome, to give their help, for the obtaining from the Pope the Cardinal's Cap for the lord Aubigny as aforesaid; promising great favour to Papists here, in case it should be effected for him. hat he hath promised unto several Papists, that he would do his endeavour; and said, he hoped to compass the taking away all the penal laws against them, which he did in pursuance of the traiterous design aforesaid, to the end they might presume and grow vain upon his patronage, and, by the publishing their hopes of a toleration, increase the scandal endeavoured by him and by his emissaries to be raised upon his majesty throughout the kingdom.-That, in pursuance of the same traiterous design, being intrusted with the Treaty of the Marriage betwixt his majesty and his royal consort the queen, he concluded it upon Articles scandalous and dangerous to the Protestant Religion.-That, in pursuance of the same traiterous design he concluded the said Marriage, and brought the king and queen together, without any settled Agreement in what manner the rites of marriage should be performed; whereby, the queen refusing to be inarried by a Protestant bishop or priest, in confidence with his majesty, and having arrogated to himself a supreme direction in all his majesty's affairs both at home and abroad, he hath wickedly and maliciously, and with a traiterous intent to draw scandal and contempt upon, his majesty's person, and to alienate from him the affections of his subjects, abused the said trust in manner following:-That he hath traiterously and maliciously endeavoured to alienate the hearts of his majesty's subjects from him, by words of his own, and by artificial insinuations of his creatures and dependents, "That his majesty was inclined to Popery, and had a design to alter the Religion established in this kingdom." That in pursuance of that traiterous intent, he hath, to several persons of his majesty's privy council, held discourses to this effect: That his majesty was dangerously corrupted in his Religion, and inclined to Popery; that persons of that * Religion had such access and such credit with him, that, unless there were a careful eye had unto it, the Protestant Religion would be ⚫ overthrown in this kingdom.' And, in pursuance of the said wicked and traiterous intent, upon his majesty's admitting sir Henry Bennet to be Principal Secretary of State in the place of Mr. Secretary Nicholas, he hath said these words, or words to this effect, That his ma'jesty had given 10,000l. to remove a zealous Protestant, that he might bring into that 'place of high trust a concealed Papist;' notwithstanding that the said sir Henry Bennet is known to have ever been, both in Lis profession and practice, constant to the Protestant Religion.—That, in pursuance of the same traiterous design, several near friends and known dependents of his have said aloud, That, were it not for my lord chancellor's 'standing in the gap, Popery would be intro-case of her being with child, either the succes'duced 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 hath not only advised and exposed to a suspicion of having been married persuaded the king to do such things, contrary in 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 had to be raised upon his majesty by the said earl endeavoured to raise upon his majesty as as to point of Popery might be confirmed and aforesaid, of his favour to Popery; but inore heightened. That, having thus traiterously particularly to allow his name to be used to endeavoured to alienate the affections of his 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, he hath endeavoured to make use of ny, 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 same wicked and jesty's subjects, to raise from them unto himtrafiterous design, he had recommended to be self the popular applause of being the zealous employed to the Pope one of his own domes-upholder of the Protestant Religion, and a tics, Mr. Rd. Beling, a person, though an avowed Papist, known to be trusted and employed by him in dispatches and negotia tions concerning affairs of greatest concernment to the nation. That, in pursuance of the said traiterous design, he, being chief minister of state, did himself write, by the said Mr. Rd. Beling, letters to several cardinals, pressing them in the king's name to induce the Pope to confer a Cardinal's Cap on the said lord Aubigny; promising, in case it should be promoter of new severities against Papists.That he hath traiterously endeavoured to alienate the affections of his majesty's subjects from him, by venting in his own discourses, and by the speeches of his nearest relations and emissaries, opprobrious scandals against his majesty's person and course of life; such as are not fit to be mentioned, unless necessity in the way of proof shall require it.—-That he hath traiterously endeavoured to alienate the affections of his highness the duke of That To which Articles the Lord Chancellor * made a short speech extempore to some of the particulars, and declared his innocence. * Lord Clarendon's own account of this transaction is as follows: "The earl of Bristol 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, acabroad by his emissaries, That his 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 he hath wickedly and maliciously, con- Commissions be granted for examination of trary to the duty of a privy counsellor of Eng- divers witnesses, both in Scotland and Ireland, and contrary to the perpetual and most laud, according to the List the earl of Bristol important interest of this nation, persuaded shall give in. That order be taken, that the his majesty against the advice of the lord ge- lord Aubigny and Mr. Rd. Beling, two most neral to withdraw the English garrisons out of important witnesses, depart not the kingdom, Scotland, and to demolish all the forts built till they have answered fully to the interrogathere at so vast a charge to this kingdom - tories which are to be proposed unto them. That, his majesty having been graciously pleas"BRISTOL." ed to communicate the desires of the parliament of Scotland, for the remove of the said garrisons, to his parliament of England, and to ask their advice therein, the said earl of Clarendon not only persuaded his majesty actually to remove those garrisons, without expecting 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 majesty's displeasure, deter several members of parliament from moving the houses, as they intended, to enter upon consideration of that matter. That he hath traiterously and maliciously endeavoured to alienate his majesty's affections and esteem from this his parliament; by telling his majesty, That there never was so weak nor so inconsiderable a house of lords, nor never so weak nor so heady a house of commons,' or words to that ef fect; and particularly, That it was better to sell Dunkirk, than to be at their mercy for want of money,' or words to that effect.That he hath wickedly and maliciously, contrary to his duty of a counsellor, and to a known law made the last sessions, by which money was given and particularly applied for the maintaining of Dunkirk, advised and effected the Sale of the same to the French king.That he hath maliciously and contrary to law enriched himself and his creatures by the Sale of Offices. That, contrary to h's duty, he bath wickedly and corruptly converted to bis own use great and vast sums of public money raised in Ireland, by way of subsidy, private and public benevolences, and otherwise, given and intended to defray the charge of government in that kingdom; by which means a supernumerary and disaffected army hath been kept up there, for want of money to pay them off; and their want of pay, so occasioned, seems to be the cause of the late and present distempers in that king-ture of his own) to Rome, with letters to the dom. That, having arrogated to himself a supreme direction of all his majesty's affairs, he hath with a malicious and corrupt intention prevailed to have his majesty's Customs farmed at a far lower rate than others did offer, and that by persons with some of whom he goes a share in that and other parts of monies resulting from his majesty's Revenue. BRISTOL." "In pursuance of this Charge, it is desired, That the person of the earl of Clarendon may be secured, That his majesty's counsel learned in the law be appointed to draw up a Charge in form, according to these Heads and such others as the earl of Bristol shall exhibit, and a Paper in his band; and told the lords, that he could not but observe, that after so glorious a return with which God had blessed the king and the nation, so that all the world had expected, that the prosperity of the kingdom would have far exceeded the misery and adversity that it had for many years endured; and after the parliament had contributed more towards it, than ever parliament had done: notwithstanding all which, it was 'evident to all men, and lamented by those who wished well to his majesty, that his affairs grew every day worse and worse; the king himself lost much of his honour, and the af'fection he had in the hearts of the people. That for his part he looked upon it with as 'much sadness as any man, and had made enquiry as well as he could from whence this great misfortune, which every body was sensible of, could proceed; and that he was 'satisfied in his own conscience, that it pro'ceeded principally from the power and credit and sole credit of the Chancellor: and there'fore he was resolved, for the good of his 'country, to accuse the Lord Chancellor of High Treason; which he had done in the Paper which he desired might be read, all written with his own hand, to which he sub'scribed his name.'-The Paper contained many Articles, which he called Articles of High Treason and other Misdemeanors; amongst which one was, that he had persuaded the king to send a gentleman (a crea Pope, to give a Cardinal's Cap to the lord Aubigny, who was almoner to the queen.' The rest contained his assuming to himself the government of all public affairs, which he had administered unskilfully, corruptly and traiterously; which he was ready to prove.'The Chancellor, without any trouble in his countenance, told the lords, That he had had the honour heretofore to have so much the good opinion and friendship of that lord, that he durst appeal to his own conscience, that he did not himself believe one of those Articles to be true, and knew the contrary of 'most of them. And he was glad to find the Judges, are to consider, whether the said Charge hath been brought in regularly and legally? and whether it may be proceeded in ? and how? and whether there be any Treason in it, or no? and to make report thereof to this house on Monday next, if they can, or else as soon after as possibly they can." Opinion of the Judges upon the said Articles.] July 13. This day being, appointed for the Judges to deliver their Opinion upon the Articles of High Treason exhibited by the earl of Bristol against the Lord Chancellor; the lord chief justice Bridgman, by the agreement, and looked upon them as a libel against himself more than a charge against the chancellor, who upon his knowledge was innocent in all the particulars charged upon hin;' which report the lord chamberlain made the next morning to the house and at the same time the Judges declared their Opinion unanimously, that the whole Charge contained nothing of treason though it were all true.' Upon which the earl of Bristol, especially upon what the lord chamberlain had reported from the king, appeared in great confusion, and lamented his condition, That he, for endeavouring to serve his country upon the impulsion of his consci'ence, was discountenanced, and threatened with the anger and displeasure of his prince; whilst his adversary kept his place in the house and had the Judges so much at his devotion that they would not, certify against him.' The Chancellor moved the house, 'that a short day might be given to the earl, to bring in his evidence to prove the several matters of his Charge; otherwise that he might have such reparation, as was in their 6 Then the house ordered, "That a Copy of the aforesaid Articles should be prepared, and delivered to the king, that so he might be made acquainted with them.-And the Lord Chancellor is to have a Copy of them; and another Copy is to be made, and delivered to the Judges."And this ensuing Order was also made; viz. "Ordered, by the lords spi-. ritual and temporal in parliament assembled, That a Copy of the Articles of High Treason exhibited this day, by the earl of Bristol, against the Lord Chancellor, be delivered to the lord chief justice, who' with all the rest of 'that he thought it so high a crime to send to 6 Rome, and to desire a Cardinal's Cap for a Catholick lord, who had been always bred 'from his cradle in that faith: but he did as'sure them, that that gentleman was only sent by the queen to the pope, upon an affair that she thought herself obliged to comply with him in, and in hope to do soine good office to Portugal; and that the king had neither writ to the Pope, nor to any other 'person in Rome.' He spake at large to most of the Articles, to shew the impossibility of their being true, and that they reflected more upon the king's honour than upon his; and concluded, That he was sorry that lord had 'not been better advised, for he did believe 'that though all that was alledged in the Ar'ticles should be true, they would not all amount to High Treason, upon which he desired the Judges might be required to deliver their opinion; the which the lords ordered the Judges to do. It was moved by one of the lords, That the Copy of the Articles might be sent to the king, because he was mentioned so presumptuously in them; which was like-judgments proportionable to the indignity;' wise agreed; and the Articles were delivered to the lord chamberlain to present to the king. -The Chancellor had promised that day to dine in Whitehall, but would not presume to go thither till he had sent to the king, not thinking it fit to go into his court, whilst he lay under an accusation of High Treason, without his leave. His majesty sent him word, That he should dine where he had appointed, and as soon as he had dined that he should attend him.' Then his majesty told him and the lord treasurer all that had passed between the earl of Bristol and him in the presence of the lord Aubigny; and in the relation of it expressed great indignation, and was angry with himself that he had not immediately sent him to the Tower,' which he said he would do as soon as he could apprehend him.' He used the Chancellor with much grace and told him, that the earl of Bristol had not treated him so ill as he had done his majesty; and that his Articles were more to his dishonour, and reflected more upon him, for which he would have justice.'-his majesty commanded the lord chamberlain to return his thanks to the house For the respect they had shewed to him, in sending those Articles to him and to let them know, that he The earl said, He should not fail to pro'duce witnesses to prove all he had alleged, and more: but that he could not appoint a time when he could be ready for a hearing, because many of his most important witnesses were beyond the seas, some at Paris, ' and others in other places; and that he must 'examine the duke of Ormond who was lieu tenant in Ireland, and the earl of Lauther'dale who was then in Scotland, and must 'desire commissioners to that purpose.'-But from that day he made no farther instance : and understanding that the king had given warrants to a sergeant at arms to apprehend him, he concealed himself in several places for the space of near two years; sending sometimes letters and petitions by his wife to the king, who would not receive them. But in the end his majesty was prevailed with by the lady and sir Harry Bennet to see him in private; but would not admit him to come to the court, nor repeal his warrants for his apprehension; so that he appeared not publicly till the Chancellor's misfortune; and then he came to the court and to the parliament in great triumph, and shewed a more impotent malice than was expected from his generosity and understanding." Life, p. 209. in the name, of all the rest, delivered in this unanimous Answer following; viz. 1. "We conceive, That a Charge of High Treason cannot by the laws and statutes of this realm be originally exhibited by any one peer against another unto the house of peers; and that there fore the Charge of High Treason by the earl of Bristol against the lord chancellor hath not been regularly and legally brought in. 2. And if the matters alledged in the said Charge were admitted to be true (although alleged to be traiterously done), yet there is not any treason in it." The King's Message thereon.] July 13. The Lord Chamberlain presented to the house the following Message for the king: "His majesty, having received from his house of pcers a Copy of the Writing which the earl of Bristol had delivered in, containing Articles of supposed High Treason and other Misdemeanors against the Chancellor of England, doth give your lordships very many thanks for your great care and regard in transmitting the same to him; upon view of which, his majesty finds several matters of fact charged, which upon his own certain knowledge are untrue. And his majesty cannot but take notice of the many scandalous reflections in that Paper upon himself and his relations, which he looks upon as a libel against his person and government; for which, and other things, his majesty will in due time take such course against him as shall be agreeable to justice." Resolutions of the Lords concerning the said Articles.] July 18. The lords resumed the debate, upon the above opinion of the Judges, and the question' being put "whether this house doth concur with the opinion of the Judges herein," it was resolved in the affirmative, nem. con *. "The earl of Bristol's friendship with Clarendon, which had subsisted with great intimacy during their exile and the distresses of the royal party, had been considerably impaired since the restoration, by the chancellor's refusing his assent to some grants, which Bristol had applied for to a court lady and a little after, the latter nobleman, agreeably to the impetuosity and indiscretion of his temper, broke out against the minister in the most outrageous manner. He even entered a charge of treason against him before the house of peers; but had concerted his measures so imprudently, that the judges, when consulted, declared, that, neither for its matter nor its form, could the charge be legally received. The articles indeed resemble more the incoherent altercations of a passionate enemy, than a serious accusation, fit to be discussed by a court of judicature; and Bristol himself was so ashamed of his conduct and defeat, that he absconded during some time.-Notwithstanding his fine talents, his eloquence, his spirit, and his courage, he could never regain the character which he lost by this hasty and preeipitate measure. But though Clarendon was Protest against the Bill for Encouragement of Trade.] July 21. A Bill entitled, 'An Act for the Encouragement of Trade,' being this day read the third time, and ready to be put to the question for passing into a law; it was moved, and granted by the house, that if the question passed in the affirmative, such peers as were against the Bill might enter their Protestation; and accordingly we whose names are subscribed do protest against the said Bill being made a law, for the reasons following: 1. Because, in the free liberty given for transporting of money and bullion, this Bill crosseth the wisdom and care of our ancestors in all ages, who by many laws and penalties, upon excellent and approved grounds, have restrained such exportation, and thereby preserved trade in a flourishing condition; 2. There appearing already great want of Money in his majesty's dominions, and almost all the gold of his majesty's stamp gone, notwithstanding the restraint made by law, and the importation of foreign commodities (which are grown to so great an esteem and use amongst us) being much greater than the export of our native and simple commodities, it must necessarily follow, by this free exportation, that our silver will also be carried away into foreign parts, and all trade fail for want of money, which is the measure of it. 3. It will make all our native commodities lie upon our hands, when, rather than stay for gross goods, which pay custom, the merchant, in a quarter of an hour, when his wind and tide serve, freights his ship with silver. 4. It trencheth highly upon the king's prerogative, he being by the law the only exchanger of money, and his interest equal to command that, as to command the Militia of the kingdom, which cannot subsist without it; and it is dangerous to the able to elude this rash assault, his credit at court was sensibly declining; and in proportion as the king found himself established on the throne, he began to alienate himself from a minister, whose character was so little suited to his own. Charles's favour for the catholics was always opposed by Clarendon, public liberty was secured against all attempts of the overzealous royalists, prodigal grants of the king were checked or refused, and the dignity of his own character was so much consulted by the chancellor, that he made it an inviolable rule, as did also his friend Southampton, never to enter into any connexion with the royal mistresses. The king's favourite was Mrs. Palmer, afterwards created duchess of Cleveland; a woman prodigal, rapacious, dissolute, violent, revengeful. She, failed not in her turn to undermine Clarendon's credit with his master; and her success was at this time made apparent to the whole world. Secretary Nicholas, the chancellor's great friend, was removed from his place; and sir Harry Bennet, his avowed enemy, was advanced to that office. Bennet was soon after created lord Arlington." Hume. and those present did make their purgation; and the assistants likewise did particularly clear themselves. But, in regard some lords were now absent who were present this morning, the house did order, That if any member or assistant of this house hath taken the said Bill away, and doth not bring it again time enough to have it pass the royal assent this day, this house will proceed against them severely for the same. The Speaker's Speech to the King at the Prorogation.] This day the king came down to the house of peers, and gave command to the gentleman usher of the Black rod, to signify his pleasure to the house of commons, That they should presently come up, with their Speaker, to attend his majesty. Who accordingly being come, the Speaker made this Speech following: peace of the kingdom, when it shall be in the power of half a dozen or half a score rich, discontented, or factious persons, to make a Bank of our coin and bullion beyond the seas for any mischief, and leave us in want of money; and it shall not be in the king's power to prevent it, the liberty being given by a law; nor to keep his mint going, because money will yield more from than at the Mint. 5. Because a law of so great change, and threateuing so much danger, is made perpetual, and not probationary. 6. Because, in the restraint laid on Importation of Irish Cattle, common right and the subjects liberty is invaded; whilst they, being by law native Englishmen, are debarred the English markets, which seems also to monopolize the sale of cattle to some of his majesty's English subjects, to the destruction of others. 7. It will, we conceive, 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 arduous 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 dominions. 9. The restraint upon Importation of Irish and Scotch cattle will, we conceive, be decay of two of his majesty's cities of England, Carslisle and Chester, make a dearth in London, and discommode many other parts of England. Other reasons are forborne, which time will produce. ANGLESEY." A Bill for the better Observation of the Sabbath, lost off the Table of the House of Lords.] July 27. The house being informed, by the clerk of the parliaments, That the Bill for the better Observation of the Lord's-Day hath been, during the sitting of the house, taken from the table, and is not now to be found, the lords thought fit, in a business of this high concernment (the like being never known or heard of to have been done before), that every lord and assistant to this house should declare himself, whether he bath it or not, or can tell what is become of it. To that end, the clerk of the parliaments and the clerk assistant had their oaths given them; who, upon the said oaths, did aver that the said Bill now missing was upon the table, in a bag, this morning, amongst the other bills which were to be presented to the king for his royal assent this day. And being cominanded by the house to tell, Whether any lords were at the table, meddling with any of the said bills, this morning:' They did depose, That divers lords were at the table this morning, and did take the Bills out of the said bag, and scattered them upon the table: whereupon the clerk of the parliaments, taking the said bills into his custody, telling the number of them, found one to be wanting; and immediately examining the titles by the list, found the said Bill for the better Observation of the Lord's-day wanting.' Upon this, every lord was called by name; | freely commune with his people; and never any people did with more joy and duty commemorate their happiness.-The last session of parliament, our care was chiefly to secure the being of this nation under our ancient, happy monarchical government. This session, we have endeavoured to advance the peace and well-being both of Church and State.Material structures are best secured by deep foundations in the earth; but the foundations of true happiness are from above. We have therefore, in the first place, perused the laws which do enjoin the Observation of the Lord'sday; and where we found any defect, either in rules or penalties, we have with great care supplied them; well knowing that he who doth not remember on the first day of the week to observe a Christian Sabbath, will hazard before the week comes round to forget he is a Christian.-We read in the story of Lewis the 9th of France, when he took his voyage into the Eastern einpire to assist the distressed Christians, the fame of his holiness moved the king of Tartary to send his ambassadors, to offer him friendship, and to acquaint him he had a desire to become a Christian; where. upon Lewis sent him preachers, to instruct him in the Christian religion. But the Tartarians observing the lives of the Christians were not answerable to their profession, they returned with the shame of their own ill lives upon them, whose doctrines were so famous.-That which in those days was the reproach of those Christians, is much more at this day the shame of this nation; we know more, but practice less, than they did we generally love a sceptical rather than a practical religion; and are contended to spend that time in study of curious deceitful notions, which ought to be employed in the practice of known truths. Too : |