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with his maj. that he should never consent to England till some few months before this it: however that the best care and diligence meeting in parliament; only it had been menshould be used, that it might never be pre- tioned in the parliament at Oxford, as a grievsented to him, but stopped in the houses; and ance to the Northern counties, which comto that purpose that the members should be plained no less of the Scots than of the Irish prepared by giving them notice of his pleasure.' Cattle; and the Bill that was at this time The Chancellor upon this argument, in which brought into the Commons provided as well he discerned no opposition, enlarged himself against the one as the other. The bill was upon what he had often before put his ma- carried with great difficulty, and long oppojesty in mind of;that he could not be too sition given to it by those members of several indulgent in the defence of the privileges of counties, which professed, that the bringing parliament; that he hoped he would never over the Irish Cattle was so much for their violate any of them;' But he desired him to benefit, that they could not live well without be equally solicitous to prevent the excesses in it,' and were exceedingly perplexed that it parliament, and not to suffer them to extend should pass; which yet they hoped would be their jurisdiction to cases they have nothing to prevented in the house of peers: and so the do with; and that to restrain them within their Bill was in great triumph, and by all the memproper bounds and limits is as necessary, as itbers (as in cases they much delight in is usual),

is to preserve them from being invaded. That this was such a new encroachment as had no bottom; and the scars were yet too fresh and green of those wounds which had been inflicted upon the kingdom from such usurpation.' And therefore he desired his majesty to be firm in the resolution he had taken, and not to depart from it; and if such a Bill should be brought up to the house of peers, he would not fail in doing his duty, and speaking freely his opinion against such innovations, how many soever it might offend. All which discourse of his was in a short time after communicated to those who would not fail to make use of it to his disadvantage.

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presented to the house of peers.*

The Bi'l for inspecting Public Accounts passed by the Commons.] The commons no sooner repaired to their own house, than they assumed the debate upon the Public Accounts, with the same fervour they had pursued the other bill of Ireland, and with the same declaration, That they would not enter upon the subject of Money, till they saw what success that bill would likewise have; and appearing every day more out of humour, expressed less reverence towards the court. And some expressions were frequently used, which seemed to glance at the license and disorders and extravagant expence of that place, not without A Bil brought into the House of Commons some reflections which aimed at the lady, and against the Importation of Irish Cuttle.] at the exorbitant power exercised by her. And There had been for many months a great this imperious way of proceeding confirmed murmur, rather than complaint, of the great those in their wariness, who had no mind to damage the kingdom in general sustained by oppose or contradict the party that they would the Importation of such great quantities of aud meant should prevail; but they the more Irish Cattle, which were bred there for nothing, endeavoured to render themselves gracious to and transported for little, that they might well the leaders, as being willing to administer undersell all the cattle here; and from hence fewel to the fire the others intended to kindle; the breed of cattle in the kingdom was totally and, so they might preserve themselves, were given over, and thereby the land would yield very willing to expose other ministers to the no rent proportionably to what it had ever jealousy of them, who they thought would not done and that this was a principal cause of be quiet without some sacrifice. And thus the want of money in the country, which could they alarmed the king with the new appreonly be remedied by a very strict act of parli-hensions, that the house, which had yet duament to forbid the Importation of any sort of Cattle out of Ireland into this kingdom.' And some of them who had most thought of the matter had prepared a Bill, and brought it into the commons, where it was read. At first it underwent very calm and reasonable debates. Very many members of several counties desired, that their counties might not undergo any damage for the benefit of other individual places.' They professed ' that their counties had no land bad enough to breed: but that their great traffic consisted in buying lean cattle, and making them fat, and upon this they paid their rent; and if the bringing over Irish cattle should be restrained, their counties must be undone.' And this appeared to be the case of very many counties in England. And the complaint was of so new a nature, that it had never been heard of in VOL. IV.

tiful intentions, if they were crossed in what they designed for his service, might be provoked to be bolder with his majesty than they had been yet, and to mention the prevalence of the lady,' which every body knew the duke of Buckingham would have been glad to have contributed to. And with these continued

* Life, p. 371.

"There was a correspondence by this time begun and warmly pursued between some discontented members of the house of peers, who thought their parts not enough valued (and the duke of Buckingham was at the head of them), and some members of the house of commons, who made themselves remarkable by opposing all things which were proposed in that house for the king's service, or which were like to be grateful to him, as sir Rd. Temple, Mr. SeyᏃ

representations, but especially with their old argument of casting it out by the house of peers, where his power could not be doubted, they at last prevailed with the king to leave all men to themselves in the business of the Accounts, as he had done in the Irish Bill: and so that bill likewise was transmitted to the lords.*

Great Animosities in the H. of Lords upon the Bill against Irish Cattle.] Oct. 16. The house of peers was no sooner possessed of the Bill against Irish Cattle, but it was read, and a marvellous keen resolution appeared in many to use all expedition in the passing it; though if the matter itself had been without exception, there were so many clauses and provisos in it so derogatory to the king's honour and prerogative, that many thought it a high disrespect to his majesty to admit them into debate. The duke of Buckingham appeared in the head of those who favoured the Bill, with a marvellous concernment: and at the times appointed for the debate of it, contrary to his custom of coming into the house, indeed of not rising till 11 of the clock, and seldom staying above a quarter of an hour, except upon some affair which he concerned himself in, he was now always present with the first in a morning, and stayed till the last at night; for the debate often held from the morning till 4 in the afternoon, and sometimes till candles were brought in. And it grew quickly evident, that |

there were other reasons which caused so earnest a prosecution of it, above the encouragement of the breed of Cattle in England: insomuch as the lord Ashley, who next the duke appeared the most violent supporter of the Bill, could not forbear to urge it as an argument for the prosecuting it, that if this Bill did not pass, all the rents in Ireland would rise in a vast proportion, and those in England fall as much; so that in a year or two the duke of Ormond would have a greater revenue than the earl of Northumberland;' which made a visible impression in many, as a thing not to be endured. Whereas the duke had indeed at least four times the proportion of land in Ireland that descended to him from his ancestors, that the earl bad in England; and the revenue of it before the Rebellion was not inferior to the others. But nothing was more manifest, than that the warmth of that prosecution in the house of peers in many lords did proceed from the envy they had of the duke's station in one kingdom, and of his fortune in the other.-And the whole debate upon the bill was so disorderly and unparliamentary, that the like had never been known: no rules or orders of the house for the course and method of debate were observed. And there being, amongst those who advanced the Bill, fewer speakers than there were of those who were against it, those few took upon them to speak oftener than they ought to do, and to mour, and Mr. Garraway, and sir Rob. Howard; would enough of good be left to become a who were all bold speakers, and meant to great man, and make him useful to his counmake themselves considerable by saying, upon try, for which he pretended to have a wonderall occasions, what wiser men would not, what- | ful affection and reverence; and that all his ever they thought. The duke of Buckingham displeasure against the court proceeded from took more pains than was agreeable to his con- their declared malignity against the liberty of stitution to get an interest in all such persons, the subject, and their desire that the king invited them to his table, pretended to have a should govern by the example of France. He great esteem of their parts, asked counsel of had always held intelligence with the principal them, lamented the king's neglecting his busi- persons of the Levelling party, and professed ness, and committing it to other people who to desire that liberty of conscience might be were not fit for it; and then reported all the granted to all; and exercised his wit with most license and debauchery of the court in the license against the church, the law, and the most lively colours, being himself a frequent court. The king had constant intelligence of eye and earwitness of it.' He had a mortal all his behaviour, and the liberty he took in quarrel with the lady, and was at this time so his discourses of him, for which he had indigmuch in the king's displeasure (as he was very nation enough: but of this new stratagem to frequently), that he forbore going to the court, make himself great in parliament, and to have and revenged himself upon it by all the merry a faction there to disturb his business, his matales he could tell of what was done there.-jesty had no apprehension, believing it imposIt cannot be imagined, considering the loosesible for the duke to keep his mind long bent life he led (which was a life more by night than by day) in all the liberties that nature could desire or wit invent, how great an interest he had in both houses of parliament; that is, how many in both would follow his advice, and concur in what he proposed. His quality and condescensions, the pleasantness of his humour and conversation, the extravagance and sharpness of his wit, unrestrained by any modesty or religion, drew persons of all affections and inclinations to like his company; and to believe that the levities and the vanities would be wrought off by age, and there

upon any particular design, or to keep and observe those hours and orders of sleeping and eating, as men who pretend to business are obliged to; and that it was more impossible for him to make and preserve a friendship with any serious persons, whom he could never restrain himself from abusing and making ridiculous, as soon as he was out of their company. Yet with all these infirmities and vices he found a respect and concurrence from men of different tempers and talents, and had an incredible opinion with the people." Lord Clarendon's Life, p. 369. Life, p. 374.

reply to every man who declared himself to be of another opinion: and when they were put in mind of the rule of the house, that no man should speak above once upon the same question,' they called presently to have the house resolved into a committee, which any single member may require, and then every man may speak as often as he please; and so the time was spent unprofitably without the business being advanced. In the mean time the commons proceeded as irregularly, in sending frequent Messages to hasten the dispatch of the Bill, when they knew well the debate of every day: and it was frequently urged that the cominons was the fittest judge of the necessities and grievances of the people; and they having passed this Bill, the lords ought to conform to their opinion.' In fine, there grew so great a license of words in this debate, and so many personal reflections, that every day some quarrels arose, to the great scandal and dishonour of a court that was the supreme judicatory of the kingdom.*

as an arguinent,

The Duke of Buckingham informs the House of the Affair.] Finding that night that the lord Ossory was not in custody, and so he was sure he should quickly hear from him, and upon conference with his friends that the mistake of the place would be imputed to him, he took a strange resolution, that every body wondered at, and his friends dissuaded him from. And the next morning, as soon as the house was sate, the lord Ossory being likewise present that he might find some opportunity to speak with him, the duke told the house, "that he must inform them of somewhat that concerned himself; and being sure that it would come to their notice some other way, he had therefore chose to acquaint them with it himself:" and thereupon related "how the lord Ossory had the day before found him in the court, and desired him to walk into the next room, where he charged him with many particulars which he had spoken in that place, and in few words told him he should fight with him; which though he did not hold himself obliged to do in maintenance of any thing he had said The Lord Ossory challenges the Duke of Buck- or done in the parliament, yet that it being suitingham.] The duke of Buckingham, who as- able and agreeable to his nature, to fight with sumed a liberty of speaking when and what he any man who had a mind to fight with him, would in a dialect unusual and ungrave, his (upon which he enlarged with a little vanity, similes and other expressions giving occasion as if duelling were his daily exercise and incliof much mirth and laughter, one day said in nation), he appointed the place in Chelsea the debate, that whoever was against the Fields, which he understood to be the fields above Bill had either an Irish interest or an over against Chelsea; whither, having only Irish understanding;' which so much offended gone to his lodging to change his sword, he the lord Ossory, who was eldest son to the hastened, by presently crossing the water in duke of Ormond, that meeting him afterwards a pair of oars, and stayed there in expectation in the court, he desired the Duke that he of the lord Ossory, until such gentlemen, would walk into the next room with him, and whom he named, found him there, and said, there told him, that he had taken the libertyThey were sent to prevent his and the lord to use many loose and unworthy expressions which reflected upon the whole Irish nation, and which he himself resented so much that he expected satisfaction, and to find him with his sword in his hand: which the duke endeavoured to avoid by all the fair words and shifts he could use, but was so far pressed by the ether, whose courage was never doubted, that he could not avoid appointing a place where they would presently meet, which he found the other would exact to prevent discovery, and therefore had chosen rather to urge it himself, than to send a message to him. And so he named a known place in Chelsea Fields, and to be there within less than an hour. The lord Ossory made haste thither, and expected him much beyond the time; and then seeing some persons come out of the way towards the place where he was, and concluding they were sent out to prevent any action between them, he avoided speaking with them, but got to the place where his horse was, and so retired to London. The duke was found by himself in another place on the other side of the water, which was never known by the name of Chelsea Fields, which he said was the place he had appointed to meet.

Ibid. p. 375.

'Ossory's meeting, whom others were likewise sent to find for the same prevention.' Whereupon, concluding that for the present there would be no meeting together, he returned with those gentlemen to his lodging, being always ready to give any gentleman satisfaction that should require it of him."-Every body was exceedingly surprized with the oddness and unseasonableness of the discourse, which cousisted, with some confusion, between aggravating the presumption of the lord Ossory, and making the offence as heinous as the violating all the privileges of parliament could amount unto; and magnifying his own courage and readiness to fight upon any opportunity, when it was clear enough that he had declined it by a gross shift: and it was wondered at, that he had not chosen rather that some other person might inform the house of a Quarrel between two members, that it might be examined and the mischief prevented. But he believed that way would not so well represent and manifest the lustre of his courage, and might leave him under an examination that would not be so advantageous to him as his own information: and therefore no persua sion and importunity of his friends could prevail with him to decline that method.-The lord Ossory seemed out of countenance, and

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words could not be the ground of the quarrel. And it was evident by the duke's own confession and declaration, that he was as ready to fight, and went to the place appointed by himself for encounter; which made the offence equal.' And therefore they moved, that they might be both brought to the bar, and upon their knees receive the sentence of the house for their commitment, the lord Ossory to the Tower, and the Duke to the custody of the Usher of the Black Rod. Which was done accordingly on the 29th of Oct. On the 31st both were brought before the house and released."*

Quarrel between the D. of Buckingham and the Marq. of Dorchester at a Conference.] Dec. 19. Those two lords were no sooner at liberty, but another more untoward outrage happened, that continued the same disturb ance. It happened that upon the debate of the same affair, the Irish Bill, there was a Conference appointed with the commons, in which the duke of Buckingham was a manager; and as they were sitting down in the Painted Chamber, which is seldom done in good order, it chanced that the marquis of Dorchester sat next the Duke, between whom there was no good correspondence. The one changing his posture for his own ease, which made the station of the other the more uneasy, they first endeavoured by justling to recover what they had dispossessed each other of, and afterwards fell to direct blows; in which the marquis, who was the lower of the two in stature, and was less active in his limbs, lost his perriwig, and received some rudeness, which nobody imputed to his want of courage, which was ever less questioned than that of the

troubled that the contest was like to be only in that place, and cared not to deny any thing that the duke bad accused him of; only wondered, that he should say he had challenged him for words spoken in the house, when he had expressly declared to him, when his grace insisted much upon the privilege of parliament to decline giving him any satisfaction, that he did not question him for any words spoken in parliament, but for words spoken in other places, and for affronts, which he had at other times chosen to bear rather than to disturb the company.' He confessed, 'He had attended in the very place where the duke had done him the honour to promise to meet him; and mentioned some expressions which he had used in designing it, which left the certainty of it not to be doubted.-When they had said as much as they had a mind to, they were both required, as is the custom, to withdraw to several rooms near the house and then the lords entered upon debate of the transgression; many insisting upon the magnitude of the offence, which concerned the honour and safety of the highest tribunal in the kingdom, and the liberty and security of every member of the house. That if in any debate any lord exceeded the modest limits prescribed, in any offensive expressions, the house had the power and the practice to restrain and reprehend and imprison the person, according to the quality and degree of the offence; and that no other remedy or examination could be applied to it, even by the king himself. But if it should be in any private man to take exceptions against any words which the house finds no fault with, and to require men to justify with their swords all that they say in dis-other. The misdemeanor, greater than had charge of their conscience, and for the good and benefit of their country; there is an end of the privilege of parliament and the freedom of specch: and, therefore, that there could not be too great a punishment inflicted upon this notorious and monstrous offence of the lord Ossory, which concerned every lord in particular, as much as it did the duke of Buckingham; who had carried himself as well as the ill custom and iniquity of the age would admit, and bad given no offence to the house, towards which he had always paid all possible respect and reverence.'-They who considered the honour and dignity only of the house, and the ill consequence of such violations as these, which way soever their affections were inclined with reference to their persons, were all of the opinion, That their offences were so near equal that their punishment ought to be equal: for that besides the lord Ossory's denial that he had made any reflection upon any words spoken in parliament, which was the aggravation of his offence, there was some testimony given to the house by some lords present, that the lord Ossory had complained of the duke's comportment towards him before those words used in the house by him, of the Irish inter'est or Irish understanding,' and resolved to expostulate with him upon it; so that those

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ever happened in that place and upon such an occasion, in any age when the least reverence to government was preserved, could not be concealed; but as soon as the Conference was ended, was reported to the house, and both parties heard, who both confessed enough to make them undergo the censure of the house. The duke's friends would fain have justified him, as being provoked by the other; and it was evident their mutual undervaluing each other always disposed them to affect any opportunity to manifest it. But the house sent them both to the Tower; from whence after a few days they were again released together, and such a reconciliation made as after such rencounters is usual, where either party thinks himself beforehand with the other, as the marquis had much of the duke's hair in his hands to recompence for his pulling off of his perriwig, which he could not reach high enough to do to the other.t

Arguments urged against the Irish Cattle Bill, in the House of Peers.] When all things were thus far quieted, the bill was again entered upon with no less passion for the stock that had been wasted. The arguments which were urged against the Bill for the † p. 378.

Life, p. 376.

345]

PARL. HISTORY, 18 CHARLES II. 1666.—the Irish Cattle Bill.

injustice of it were, That they should, without any cause or demerit on their part, or any visible evidence of a benefit that would accrue from it to this kingdom, deprive his majesty's two other kingdoms of a privilege they had ever been possessed of. That they might as reasonably take away the trade from any one county in England, because it produced some inconvenience to another county more in their favour. That the large counties of Norfolk, Suffolk, Kent, and other provinces, would lose as much by the passing of this act, as the northern and any other counties would gain by it. That those two kingdoms might with the same justice press his majesty's concurrence, that they might have no trade with England, which would bring more Damage to England by much, than it would gain by this act of restraint: and that it was against all the maxims of prudence, to run the danger of a present mischief and damage, as this would produce in Ireland by the testimony of the ford lieutenant and council of that kingdom, only upon the speculation of a future benefit that might accrue, though it were yet only in speculation. These, and many other arguments of this kind, which for the most part were offered by men who had not the least relation to Ireland, made no other impression, than that they were content to leave Scotland out of the Bill; which increased their party against Ireland, and gave little satisfaction to the other, who did not so much value the commerce with the other kingdom. And this alteration the commons likewise consented to, but with great opposition, since in truth that concession destroyed the foundation upon which the whole fabrick of the Bill was supported. Then the debate fell upon some derogatory Clauses, and Provisos very contrary to his majesty's just prerogative and power (for they made his majesty's own license and warrant of no effect or authority, but liable to be controlled by a constable; nor would permit the Importation of 3000 beeves, which, by an act of parliament in Ireland, were every year to be delivered at Chester and another port for the provision of the king's house); which in many respects the house generally disliked, and desired, That it might have no other style than had been accustomed in all the penal acts of parliament which were in force, it being to be presumed, that the king would never dispence with any violation of it, except in such cases as the benefit and good of the kingdom required it; which might naturally fall out, if there should happen such a murrain amongst the beasts of that species, as had been these late years amongst horses, which bad destroyed so many thousand, that good horses were now hard to be procured. And if the same or the like destruction should fall upon the other cattle, we should have then more cause to complain of the scarcity and the dearness of meat, than we have now of the plenty and cheapness, which was the only grievance now felt, and which kingdom seldom

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complained of: and in such a case it would be
very great pity, that the king should not have
power enough to provide for the supply of his
subjects, and to prevent a common dearth.'~~
But this was again opposed with as much pas-
sion and violence as had fallen out in any part
of the debate; and such rude arguments used
against such a power in the king, as if the
question were upon reposing some new trust
in him, whereas it was upon divesting him of a
trust that was inherent in him from all anti-
quity: and That it was the same thing to be
without the Bill, and not to provide against the
king's dispensing with the not obeying it,
whose inclinations were well known in this
particular; and therefore the effect of them,
and of the importunity of the courtiers, must
be provided against.' And throughout this
discourse there was such a liberty of language
made use of, as reflected more upon the king's
honour, and indeed upon his whole council
and court, than had been heard in that house,
but in a time of rebellion, without very severe
reprehension and it so much offended the
house now, that, notwithstanding all the sturdy
opposition, it was resolved that those Clauses
and Provisos should be amended in some
places, and totally left out in others. And
with these Alterations and Amendments it was
sent down to the commons.*

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The Commons adhere to their Bill.] When the Bill was sent to the commons with those Alterations and Amendments, they rejected them all, and voted, That they would adhere to their own Bill without departing from a word of it, except with reference to Scotland,' from which they had receded. And if upon this very unusual return the house of peers had likewise voted, that they too would adhere,'. which they might regularly have done, and would have been consented to by the major part of the house if the question had been then put; there had been an end of that Bill. But that must not be suffered: the party that cherished it was too much concerned to let it expire in a deep silence, and were numerous enough to obstruct and defer what they liked not, though not to establish what they desired. Some of them, that is, some who desired that the Bill should pass, though uncorrupted by their passions, did not like the obstinacy of the commons in not departing from some unusual clauses and pretences; yet were not willing to have the like vote for adhering to pass in that house, which it might do when all other remedies should fail; and therefore moved, That a conference might be required in which such reasons might be given as might satisfy them.' Many conferences, and free conferences, were held, in which the commons still maintained their adherence with a wonderful petulance: and those members, who were appointed to manage the conferences, took the liberty to use all those arguments, and the very expressions, which had been used in the

* Life, p. 379.

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