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her along to the place intended, and they had time enough to do their business: but soon after I had dispersed my orders to the ships, I looked and saw the Sancta Maria, by the carelessness of the pilots and masters of attendance, was run on ground, at which I was much troubled for if that ship had been sunk in the place where I appointed, the Dutch Ships could not have got beyond those of ours sunk within the chain, and thereby none of the king's ships within could have been destroyed, in regard that our guard-ships within our batteries would have hindered them from removing our sunk ships.-About ten o'clock on Wednesday, the enemy came on with part of their fleet, and two men of war, 5 or 6 fireships, and some other men of war seconding them. They first attempted the Unity, which was placed on the right-hand close without the Chain to defend it; and they took her; and one of their fireships struck upon the chain, but it stopped it. Then came another great fireship, and with the weight of the two the chain gave way; and then the ships came on in that very passage where the Sancta Maria should have been sunk. They burnt the two guard-ships, and took off the Royal Charles, wherein the gunners and boat-swain did not do their duty in firing her, though they say they attempted it twice, but the fire did not take. This was all that I observed of the enemies action on Wednesday. Our next care was to provide against the tide which served the next day I enquired what had been done by sir Edw. Scott at Upnore, and sent him as many of those things he needed as I could get boats to carry them to him, and sent likewise a company more than was formerly ordered, to reinforce the place in case of landing; and then directed 3 batteries to be made in the king's Yard; but could not get a carpenter, but two that were running away. I also planted that night about 50 cannon in several places, besides those that came with the train of artillery, which were also planted; I staid all night in the place with the men, and having no money to pay them, all I could do or say was little enough for their encouragement: for I had no assistance from commissioner Pett, nor no gunners or men to draw on the guns, except the two masters of attendance. On Thursday morning betimes, Upnore was in a pretty good condition, and our batteries ready: I got some captains of ships and other officers, sea-volunteers, and others that came to me, to ply the guns; and other land-volunteers did assist them to draw them on the batteries. About noon the enemy came on again with two men of war, and two fireships, and some more men of war following them: the first two anchored before Upnore, and played upon it whilst the fireships passed up to the Great James, the Royal Oak, and the Loyal London: The two first fireships burnt without any effect; but the rest went up and burnt the three ships mentioned: and if we had had but 5 or 6 boats to cut off the boats of the

fireships, we had prevented the burning of those ships; but those being burnt, as soon as the tide turned, they went back, and made no further attempt. I had, in the morning before this action, received his majesty's command to return to London; but I thought it most for his service to stay till the attempt was over: and then, having left upon the place the earl of Carlisle, and the earl of Middleton to command there till further order, I came away about 8 in the evening, and by two in the morning arrived at London."

Some Miscarriages in the late War voted.] From this and other Examinations, the commons discovered and voted several Miscarriages in the late War, and particularly in the Expedition at Berghen; in the plundering the EastIndia ships while the Dutch passed by; in the not setting out a sufficient Fleet last year; in the separation of those that were out, so that they became useless: in the want of provision and ammunition in the fleet, and in the forts; in payment of the seamen by tickets; in the want of intelligence, and dividing the fleets in the second year of the war; in the business of Chatham, &c. And they particularly resolved, "That, notwithstanding his majesty had 18,000 men in pay, in dispersed ships in the year 1667, there was not a sufficient number of ships left to secure the Rivers Medway and Thames." They strictly examined into one Miscarriage as to the first Battle against the Dutch, in which it appeared, That if the orders of the duke of York had been strictly observed, as they ought, in that Engagement, the whole fleet of the enemy had probably been destroyed.' For this, Mr. Brunkard, a member of the house, was accused of giving false orders to sir John Harman to slacken sail, while the duke was reposing himself, and when they were pursuing the enemy with the utmost advantage; for which Mr. Brunkard * was both expelled the house, and ordered to be impeached.

Impeachment of Commissioner Pett.] The Miscarriage at Chatham was so conspicuous, that the house thought they could do no less than impeach Commissioner Pett for so great a delinquency in that affair: accordingly, they drew up Articles against him to this effect:

I. "That the said Peter Pett, being a commissioner especially authorized and entrusted with the care of his majesty's yards, stores and provisions of the Royal Navy at Chatham, and having received orders from the duke of York about the 26th of March last, requiring him to bring up and moor his majesty's ship, the

"Mr. Brunkard's ill course of life, and his abominable nature, rendered him so odious, that this affair of slacking sail was taken notice of in parliament, and upon examination found to be true; upon which he was expelled the house of commons, as an infamous person, though his friend Coventry adhered to him, and used many indirect arts to have protected him." Lord Clarendon's Life, p. 270.

majesty's commissioners, and drew up Articles against him to this purpose: "1. Whereas in Sept. 1665, the Golden Phoenix, and the Slothany, two Dutch Ships, were taken at sea as prize by his majesty's fleet under the earl of Sandwich, in which the said sir W. Penn was then vice-admiral; he the said sir Wm. contrary to his duty, &c. did conspire with several persons to open the holds of the said ships, before judgment pass'd in the admiraltycourt, and from thence embezzled great quantities of rich goods, whereby his majesty was defrauded of above 115,000l. 2. The said sir Wm. in pursuance of the conspiracy, did about the same time repair on board the Prize-Ship the Slothany, with sir Wm. Berkley, vice-admiral under his command, and did therefore give orders to Capt. Waerden, to whose charge the said ship was committed, to follow the directions of sir Wm, Berkley; who thereupon broke open the hold of the said ship, and took out several rich goods of great value, after it was closed and sealed up, and by the assistance of sir Wm. Penn, who sent several men on board for that purpose. 3. He the said sir Wm. got a considerable part of the goods into his possession, and shortly after did sell divers parcels of the said goods, and further warrant

Royal Charles, and other ships, did wilfully neglect and refuse so to do; whereby the said ships were lost, and became a prey to the enemy. II. That his majesty having upon the 11th of June last appointed the duke of Albemarle to repair to Chatham, to secure all things against the invasion of the Dutch; he the said duke found the Royal Charles not brought up, but lying below in a place of danger; and having given orders to the said Pett to cause the said ship to be brought up as high as could be into a place of safety, the said Pett neglected the doing thereof. III. That capt. Brooks, one of his majesty's attendants at Chatham, knowing that the duke had given express orders to cause the Royal Charles to be brought up, did prepare anchors and other tackling ready for the same; and desired the said Pett to give orders for his so doing, which he refused to do. IV. That the duke of York having given orders to the said Pett to provide 30 boats for the defence of the River and Navy, he did not only himself misemploy some of the said boats for the removing some of his particular goods, but suffered the rest to be likewise misemployed, and did also seize a boat belonging to sir Edw. Spragg; so, for want of these boats, many of his majesty's ships were lost, and the security of the rested the sale thereof. IV. The better to colour hindered. V. That the commissioners of his the said fraud and embezzlement, orders were majesty's Navy, having signified to him on the obtained from the earl of Sandwich for dis4th of June, that the Dutch were out, and tributing some part of the said goods among given him special charge to command all cap- several officers, whereof sir Wm. was chief, to tains on land, to their ships, and to be vigilant be submitted, as was pretended, to his main the rest of the charge committed to him;jesty's further pleasure, though sir Wm. well he was so negligent, that of eight hundred persons, which were under his care and command, when the duke of Albemarle repaired thither, there were not above ten ready upon the invasion of the enemy. VI. That the said duke, having appointed soldiers to raise batteries for the defence of the Navy, he to abstruct the service, refused to give them the number of tools required, notwithstanding he had a sufficient quantity in his majesty's stores, as it appeared when those stores were broke open. VII. That the said lord general having sent orders to him to send out of his majesty's yards some oaken planks for his platforms and batteries, he sent only deal boards, which were prejudicial to the service, notwithstanding that there were in his majesty's yards several oaken planks fit for that service. For all which Crimes and Misdemeanors they demanded justice and condign punishment, &c. at the bar of the lords."

Impeachment of Sir W. Penn.] Not satisfied with this Impeachment, by means of some Discoveries and Informations, the commons found and singled out sir W. Penn, another of his

Sir W. Penn was Vice-Admiral of England, and father of the founder of Pensylvania, "From a common man he had grown up, under Cromwell, to the highest command, and was in great favour with him till he failed in the action of St. Domingo, when he went admiral

knew the orders of the earl of Sandwich were void in every respect; And afterwards a warrant for distributing the goods was duly procured from his majesty; whereas the said sir Wm. had, before that, possessed himself of divers of the goods; and, over and above did dispose of a further quantity of goods than was contained in the orders of the earl of Sandwich, or his majesty's warrant, to the value of above 2000!. For all which Crimes and Misdemeanors the commons likewise demanded judgment, &c. of the lords."

A Bill for the frequent holding of Parliaments withdrawn.] Feb. 18. Sir Rd. Temple brought in a Bill for the frequent holding of parliaments. He said, in Edw. Srd's time a statute was made for annual parliaments; but they were too frequent, and therefore laid aside.

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Sir Hugh Wyndham. This bill is brought in, I had almost said with impudence: [which expression was taken ill by many, and some said, that his words were impudently brought in:' but his words being asserted, no farther debate arose about them, and he explained not.]

at sea, ás Venables was general at land, for which they were both imprisoned in the Tower by Cromwell, nor ever employed by him afterwards." Lord Clarendon's Life, p. 239. He died in 1670, aged 49.

Mr. Steward. This bill reproaches the very fundamental laws of England; for without the king's consent it gives the lord chancellor a power greater than the king; viz. That if in three years the king calls not a parliament, the chancellor for the time being, for such default, has power to issue out writs without

him.

Sir R. Temple. The king has established all courts by law, which formerly followed his own court wherever it removed, but that was found inconvenient. This bill is no more for the highest court. He said he had forgot his breviate, which the Speaker should have had with the bill.

predecessors. This bill does not: so the trust is here transferred, which is upon oath— that makes a difference.

Sir Robt. Howard. If this bill be a " compelling' the king, all laws do so. Should the people see this bill thrown out, what would they say who have given so much money?

Sir T. Clifford. This is a bill of ill consequence, breeding jealousy betwixt the king and his people. All persons are indicted in the king's name; but this writ the lord keeper is to issue out, quite puts it out. A lion put into an iron cage never leaves roaring. This bill is contrary to monarchy. Corruption of manners causes laws. Is this proper for this The Speaker excepted against it, as like-house, who has repealed that act? Is this prowise that the bill was blotched and interlined,per for the king, who has declared so much which ought not to be when first presented. affection to the parliament? In another counWith much difficulty a first reading was ob- try, (Sweden) there is a calling of a parliament tained: but from that time the gentleman that by officers; but it is only in the minority of brought it in did not increase his interest in the king. the house. Sir Rob. Brooke. The bill being interlined, Sir John Birkenhead. This bill bottoms it-it ought to be laid aside; but would not have self upon the statute of Edward 3d. for annu-it thrown out, lest apprehensions should be al parliaments; but there was never any au- in the minds of the people. nual parliament. There have been two in a year, and may be one or more in a year, if need be. The question is, if the bill be not felo de se, of itself. The plague may alter the time, it being limited to so long time, and no longer impossible to be performed.

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Mr. Mallet. Never any king prospered better both at home and abroad, by reason of frequency of parliaments.

Sir T. Littleton. By prorogations the effect of the triennial law is not eluded; which, by the former bill, might be. He knows not a more modest way of compelling the king by law. [Some said thing by law,' in excuse of him, for great exception was taken at the expression; but what he said was plainly and organically King."]

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Sir T. Meres. In regard that leave was not asked, he wonders at the tendering the bill. That it may not put a slur on the former law, would have it laid aside.

Mr. Milward. This bill assures the calling of future parliaments; and an oath to the lord keeper, to issue out the writs. Let us trust the king with this, as we have done his

Sir Edw. Turner, who had held that post from the beginning of this parliament in 1661, and continued in it till 1672, when, according to Mr. North, "it having been discovered that he had taken a small present from the East India company, it so far lessened him in the opinion of the house, and lost him so much of his credit and authority, that it was thought advisable to remove him; which was done by making him lord Chief Baron of the Exchequer." Life of lord Keeper Guildford, p. 52. Oldmixon says, "that he was infinitely fond of speaking, but was so pedantic, so trifling, so full of gingle, and other old fashions, that his harrangues are by no means worthy remembrance." Critical History of England, p. 255.

Sir Lan. Lake. This bill necessitates the lord keeper to be a traitor. If he does issue out his writ he is a traitor, if he does not he is a traitor. This will make him, as in times of usurpation, a keeper of theliberties of England.

Mr. Solicitor Finch would have the bill withdrawn, only because not orderly brought in. This is a bill to bring in a bill of repeal without leave. No bill, of good manners, is to be brought in, though of money, without leave. That the king may have no negative, would have it withdrawn till leave be obtained of the house.

Sir Tho Clifford. If the person be voted to have leave to withdraw it, and the person that brought it in will not, then are you possessed of it, it having been read.

Sir R. Temple was then ordered to withdraw the Bill; and it was ordered, That no Bill of this nature should be tendered to the house without leave and order.

The King's Messages to the Commons to hasten the Supply.] Meanwhile, the king believ ing that these proceedings and impeachments retarded the Supplies he had demanded, sent no less than three Messages, to bring back the stream of business to his favourite channel; the first of which was in these words: "His majesty hath been unwilling hitherto to interrupt you in your proceedings; but considering the posture in which his neighbours now are, and that the spring is already so far advanced, and that his allies (as they have great cause) pressed his majesty to hasten his prepararations, he holds it absolutely necessary, in respect of the safety as well as the honour of the nation, that a fleet be set forth with all speed, and that course be taken for fortifying his ports, and building more ships: And therefore he doth again earnestly recommend it to you, forthwith to provide for such a Supply as these occasions

shall require: And because you have not yet bad satisfaction upon the Bill of Accounts of the former Supply, his majesty is very willing that this be collected and issued for those purposes, by such persons only as you shall think fit." The second and the third Message were only to enforce this: but in the last he let them know that he designed to put a period to this session on the 4th of May. But fiuding this design not so well relished, he sent a fourth Message to them on the 24th of April, in these word: "Ilis majesty by his former message thought fit to acquaint you, that he intended the present session of parliament should determine on the 4th of May; but, finding the proceedings in many important businesses, now under agitation, would be lost, if there should be a session; and that many things not yet foreseen may happen to induce him to call you together again before winter, bath now thought fit to acquaint you, that he intends only an adjournment for three months; and desires you therefore to perfect the bills for Supplies, and such others as may be made ready by the said 4th of May, so that he may then give his royal assent to them before the adjournment."

Col. Sandys never knew a Toleration, without an army to keep all quiet. Let persons concerned propose what they would have.

Sir Humphry Winch. What they will ask, and what they will take is vastly different: thinks we need not give an indulgence, nor make the laws severer. Heresies commonly take root from the innocency of their authors, which has made them increase here. An army is as dangerous to establish by being too strait-laced, as by giving toleration. He had rather new model the Sectaries, than that they should have an interest in future parliaments to model us.

Sir John Earnly would have the Ecclesiastical Courts reformed, which are so obnoxious. Sir Wm. Hickman. The bishop has little power in the Church but Ordination. The Ecclesiastical Courts are complained of by the bishops as mysterious and troublesome to the people.

Mr. Swynfin. Education in another way has been a great cause of separation. Proposes one question concerning the thing itself, That some condescension from the laws in being may be had, to unite his majesty's Protestant subjects.

Sir Philip Warwick. If we could so relax the law, as not to lose the law, he would willingly condescend to some indulgence, that neither the agenda nor the credenda may be violated. If I prove that a man needs not scruple any thing in the Church, why should he be farther indulged?-Would have care taken, that, after indulgence, they get not a footing to destroy the whole-It is an unreasonable thing to pass a vote, that some condescension may be, before we know what.

The Commons petition the King for a Proclamation against Conventicles.] The house notwithstanding proceeded with the business that lay before them; and especially the Informations they received from some counties, particularly Staffordshire, of the insolent carriage and Abuses committed by persons in several places, in interrupting and disturbing of Ministers in their Churches, and holding Meetings contrary to law. In consequence of which, after a solemn debate and resolution, they made and presented an humble Petition to his majesty, "That he would issue out his Proclamation for enforcing the laws against Conventicles; and that care might be taken for the preservation of the peace against all unlawful Assemblies of Papists and Nonconformists." The king thought himself obliged to comply with his commons, and accordingly gave this Answer; "I will issue forth my Proclamation according to your desire; and I do not doubt but you will take the second Sir Walter Yonge. The case of the Clergy part of my Speech into consideration, accord-of England with the king, is as a master of a ing to the Vote."

Debate on the latter Part of the King's Speech, concerning the Union of his Protestant Subjects.] March 11. The commons resumed the consideration of the latter part of the King's Speech, about uniting his majesty's Protestant subjects.

Sir John Goodrick moved that the Convocation might take this business into their consideration.

Sir T. Meres. It may be his majesty's Proclamation may reconcile them, finding no countenance from hence.

Sir R. Holt would know what the Nonconformists desire, declared by somebody; if their arguments are not convincing, then to adhere to our former vote.

Mr. Ratcliffe. Would have the Act of Uniformity revised, to discover what, in that act, is too strict, as renouncing the Covenant, Assent and Consent-Moves that a conference may be allowed, of both persuasions, and to recommend that, in which they all agree, to your consideration; and that if any thing should be established for a law, that an eye may be had to real tender consciences--That Ecclesiastical Courts may be regulated.

family that has quarrelsome servants; one will not stay unless the other goes away. No good to be had by conference, or the convocation.

Sir Ch. Wheeler. Has a great kindness for the Presbyterians, being assistant in their prayers and endeavours in the restoration of his majesty; but could wish their penitence had been as public as their first offences were, as the custom of the Church ever was-But for the Independents, which are Anabaptists, &c. many of them are not Christians, some Arians, and some Socinians; but the Preshyterians are right as to matters of the first Four Councils, which are indisputable-But when they scruple that of the chancellors in the Church, and other novelties, not above 500 years standing, and if no other thing than reducing

things to the first four General Councils, be the case, would have a committee appointed by us and the lords, to consult with both houses of Convocation, and hopes by that to bring in many Papists also.

Religion in Holland is subservient to tradeThey reproved Mr. Price, the English minister, and sent him away, for preaching against their Sunday markets.-Queen Elizabeth's council advised her to keep Edw. 6th's liturgy, in which she made little alteration, and enjoined con

nity, excepts Nonconformists-Queen Eliz. would never suffer Nonconformity, though the earl of Essex would have given security for the peaceableness of the persons-King James let them have a conference at Hampton Court; he would abate nothing: at last Dr. Reynolds came in and conformed-Queen Eliz, was favourable to Papists, but made severe laws against priests; and when the people had no mass they came to Church-The Articles of the Church of England were drawn so, that both parties might subscribe-The convocation was a very mixed assembly of both persuasions-No canon nor sanction enjoins bowing at the altar--Bishop Morton never did it; it is left at liberty-In Judaism, Paganism, Mahometanism, and Christianity, in none of them a toleration is suffered-The pope may suffer Milan to have St. Ambrose's litany, and Bohemia to administer the sacrament in both kinds; this he may do in one Church, but not several customs in one Church-He would never advise his prince to do what has destroyed his father-He would not have the odium of this business lie upon the king-He would have no application made to him in it— Let there be no conventicles, and Church will be fuller-Must their mother, the Church of England, bow to a few novices? and for the old ones, they have falsified their former oaths and subscriptions-For benefices, no man has three, as is alleged; if any man has three, they are, ipso facto, by law forfeited-Conference has been already at the Savoy-It has done no good-He would have the convocation sent to.

Sir T. Littleton. Let us do what is fit for ourselves to do; and if we do what is rea-formity; and king James in his acts of indemsonble, and that gives them not satisfaction, it rests not at our door-The kingdom of Poland has the greatest toleration in the world, and no standing army, but upon occasion of warTheir militia is their only standing army, which is made up of all opinions, and they have never had any wars upon religious accounts; and in their civil wars upon temporal affairs, persons of all opinions have mixed-Barnevelt, in Holland, only offered at a disturbance, and was taken off-The only party there was Arminian, which he could wish was not so much received amongst our clergy-Predestination and free-will, in our 39 Articles, have occasioned all our disputes in the Church of England-The Calvinist way has a loop-hole to let Arminianism into our articles-All along queen Eliz.'s, king James's, and king Charles's time, whenever any of these points were disputed, at degree of doctor, all the points were regulated by the Convocation, and then the current of the Church of England ran the Calvinist way-Besides at the synod of Dort -So long as the Church was true to itself, the Nonconformist never hurt the Church; but as soon as innovation and alteration came in by the churchmen, and they favourites with the crown, the Church declined-In Ceremonies we have much alteration; the Communiontable set Altar-manner, whereas it ought to be in the body of the Church, that the guests might come to the table, and the second service might be the better heard-No canon for the bowing at the altar, or, if any, quite laid aside-Now, if new ceremonies have been made, besides putting the tapers (on the Communion-table,) if private persons have dared to intrude these things against law, what will be the end? and none but such as will comply with this innovation shall have any preferment; and as this way has once ruined the Church, he hopes the parliament will not countenance the doing of it again-King Edw. and queen Eliz. prepared all things before they came to the parliament-Would have the king applied to, to give us some subject-matter to work upon.

Sir John Cotton. The Presbyterian tenets are most destructive to our government.That the king is but minister Bonorum:' he is greater than any one man, but less than the people:''Salus populi suprema lex,' and many more such.

Sir John Birkenhead. Theodosius, the emperor, so enjoined the sanctions of the councils, that no man, unconformable to them, could administer the sacraments-Socinus's opinions crept into the sects of Poland, which made the Cossacks always enquire, when they made any inroads, what the sectaries did

Mr. Coventry. Here is one side against bishops, and other against the silenced ministers; between them both, I fear, we shall have no religion-The king bids us, in his Speech, do it, and we send to the king to do it—Would have the Committee for Religion revived, to receive what shall be proposed.

Mr. Boscawen. The civil wars in England come upon various occasions-Though the occasion of the last was much upon this account, yet it is not probable there will be any more— Many other occasions may bring them.

Mr. Seymour. Will rather veil the infirmities of his mother, the Church, then proclaim, them in Gath and Askalon-He is for comprehension-Two or three of the most eminent presbyters may be made bishops, and so an end of Nonconformity-Would have a liberty, but no farther than whether to wear a plain garment, a fringed or embroidered one, that these persons may be useful to the support of the government-He is for no middle wayIf a man finds not his account in the government he lives under, he will never labour to

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