1665. At this time it feems Lord Cavendish turned fome part of his attention towards maritime affairs For we find he served as a volunteer against the Dutch, under the Duke of York, Lord High Admiral, and was in the midft of the fea-fight wherein his Royal Highness was perfonally engaged; which fully demonftrates, that there was then a good understanding between him and that afterwards mifguided Prince.

The plague raging in London and Westminster this year, the Parliament met, October the 9th, at Oxford, where the University Schools were prepared for both Houses; notwithstanding which the King commanded them to attend him, in the great Hall at Christ Church, to whom he made a Speech, which was fo well received, that the House declared their refolution to ftand by his Majefty with their lives and fortunes against the Dutch, or any other that fhould affift them in oppofition to him; and fo careful was the House of the prefervation of the Duke of York, that they returned his Majesty their humble Thanks for the care he had taken of his Royal Highnefs's perfon; and when they granted the proper fupplies for the fervice of the Government, the Commons brought in a particular Bill, for granting a farther month's Affeffment, which enabled the King to raise an additional fum of one hundred and twenty thousand pounds; this they prayed might be prefented to the Duke of York*.

The last day of the Seffion it was refolved, that the Thanks of the Houfe fhould be given to the Chancellor, Masters, and Scholars of the famous Univerfity of Oxford, for their eminent loyalty to his Majefty, and his father, of ever bleffed memory. The

*This inftance is one of the Arongeft proofs how easily that Prince might have retained the people's affection, and got more from them, had he afterwards governed according to law, than by arbitrarily feizing on what he had no right to.

fame

fame day that this Vote was made, October 21, the King came to the Houfe of Peers, and paffed fuch Bills as were ready, and then prorogued the Parlia

ment.

Tho' the Duke of York had rendered himself fo popular by his gallant behaviour at fea, yet having afterwards discovered his inclinations to Popery, and there was too much reafon to believe that when he came to the Crown, he would use all poffible means to introduce it, Lord Cavendish, who forefaw the dreadful confequences, began to reflect very seriously on the matter, and to look neither on the Duke nor Court in the fame favourable light he had done before.

1666. In this year, notwithstanding the calamity of the fire of London, the Parliament granted a large Supply to the King, but at the fame time complained, that Popery met with fuch encouragement, as to make a more than ordinary progrefs, which caufed them to draw up an humble Addrefs, wherein Lord Cavendish heartily joined, that the laws against it might be put in execution; in confequence of this a Proclamation was iffued; but, by the Court intrigues, it produced no effect.

1667. The King, having conceived great difpleasure against Lord Clarendon, his Chancellor, on account of the too great freedom he took in giving him good advice, in order to get rid of fo difagreeable a monitor, countenanced an Impeachment to be brought against him in Parliament for feveral grievous crimes. The Chancellor, foreseeing the ftorm, withdrew out of England; upon which, the Lords thought proper to bring in a Bill for banishing and difabling him, which they fent down to the Commons; here Lord Cavendish, who judged it very unreasonable that any man fhould be condemned unheard, feconded the motion, that the Chancellor might have a day affigned to appear, and if he came

not,

not, a Bill of Attainder fhould then be brought in, that the world might fee, they had done fomething. Now to fhew that Lord Cavendish acted from principle on this occafion, and not from any perfonal. prejudice, it being of no confequence to our prefent fubject, whether the Earl of Clarendon was guilty or innocent of the heavy crimes laid to his charge, fince, in both cafes, it was contrary to all the rules of juftice and equity to condemn him unheard; and as the Bill paffed, notwithstanding Lord Cavendish's motion, we may prefume that he faw plainly enough, that nothing criminal could be proved against him, and therefore he refused to concur in it *.

But let us take a fhort review of fome matters that had happened fince the Reftoration, which have not been yet fully attended to. It feems, fays a very impartial writer of thofe times, as if Heaven took more than ordinary care of England, that we did not throw up our liberties all at once upon the Restoration; for tho' fome were for bringing back the King upon terms, yet, being once in poffeffion, he had fo entirely got the hearts of his people, that they thought nothing too much for them to grant. (Among other defigns to pleafe him, one was formed at Court

* It is to be remembered, to the honour of Sir Stephen Fox, bred in the Earl of Devonshire's family, that in all proceedings against the unfortunate Chancellor, tho' he had a particular place in the King's houthold, yet he always voted in favour of the Earl of Clarendon, for which he was reprimanded by the King himself, who feeing him one day, faid, How now, Fox, how came you to vete against my inclinations? Sir Stephen bravely answered to this effect: Sir, I have known my Lord for many years, and I am fure he is an honest man; upon which the King inftantly replied, Ay, Fox, you will fay any thing, and fo turned away without any more words, or future show of refentment. The reflection that must here naturally occur, is, that this Gentleman behaved with the fame gratitude to that great Minister in his adverfity, as Sir William Cavendish had done long before him to Cardinal Woljy, when the Kinghad given him up a facrifice to

his enemies.

tq

to fettle fuch a revenue on him during life, as to place him beyond the neceffity of applying to Parliament. The juft and honeft Earl of Southampton, then Lord High Treasurer, came heartily into this project; but Chancellor Clarendon, forefeeing the dangerous confequences, fecretly oppofed it, and having had a private conference with the Treafurer, brought him over to his fentiments, by representing the King's foibles, which no man in England was better acquainted with than himself, and plainly declaring, that if fuch a revenue were fettled on him for life, they fhould not, in all probability, fee many more Seffions of Parliament during this reign. The refult of this conference came, by fome means or other, to the King's ears, which, together with other things wherein the Chancellor had been mifreprefented to him, befides the perfonal refentment he had conceived at the honeft freedoms taken by that upright Minifter, was the true reason why he abandoned him at this time to his enemies. We mention this inftance, in fupport of what we have before said concerning my Lord Cavendish's refufing to condemn Lord Clarendon unheard; and what is a strong proof of his early regard to juftice and equity, (which he afterwards more fully evinced upon feveral important occafions) was his feconding the before mentioned motion, that a certain day might be fixed for hearing the Earl, and that if he did not then appear to the fummons, a Bill of Attainder might pafs. In fact, the Earl's feconding the motion is no proof at all, that he looked on the Chancellor as guilty of any crime. He was now too well acquainted with the pernicious defigns of the Court, not to perceive, that the whole was a malicious profecution, and that the Chancellor's enemies dreaded nothing so much as bringing him to a fair and open trial. All they wanted, was to get rid of him; and this they effected by haftening the paffing the aforeF

faid

faid Bill.

But here it is to be noted, that this Bill was read a third time on the 18th of December, to a thin House. When the queftion was put, there were only fixty-five Yea's for paffing it, and fortytwo Noe's against it.

This Parliament met on the 10th of October, and on the 19th of December following, it was adjourned to the next year.

1668. The King having thus got rid of an old and faithful Minister, who had been some check to his exceffes, was now at full liberty to act without restraint; and accordingly he gave fuch a loose to his pleasures as had a very bad effect on the morals of his fubjects. But yet, as diffolute as the Court then was, the King had fomething elfe in view, which was ftill more alarming, that was, to become abfolute; this he had early made a favourite scheme with him, by which means he might always have it in his power to fupply his boundless extravagancies, without being at the trouble of recurring to Parliament, nor were there wanting wicked Counsellors, who endeavoured to establish their fortunes on the ruins of the Constitution.

That this was the defign, cannot be doubted by those who are acquainted with the annals of that inglorious reign. But Lord Cavendish, whom nothing could ever induce to betray, or give up the rights of a free people, dared to stem the torrent, and therefore joined with other Patriots in oppofing the Court measures, and defeating its fchemes.

The Parliament met in February, when the House of Commons began the publick bufinefs, in raifing the Supplies; on which occafion they granted the King, by a Bill, a Supply of 310,000l. by laying a Duty on Wines, &c. and directed by another Bill, how the money, received for the use of the Crown, fhould be paid; next enquired into the Mifcarriages of the War; and laftly, afferted their Privileges against

fome