have been highly to blame; for tho' Lord Cavendish was judged guilty of a breach of Privilege in pofting him up, yet the different treatment which the Houfe fhewed to each party, fufficiently evinces, that their committing my Lord to the Tower was only for mere form fake, whereas that of the other's was done by way of punishment *.

But to return to the Proceedings of the House: This Seffion had but a fhort duration. For after the above tranfaction we find that the King was fo highly difpleafed with fome of their refolutions, that on the 22d of November he came to the Honfe of Peers, and fent for the Commons, where the Lord Keeper, by his Majefty's command, prorogued them to the 15th of February, 1677.

1676. As to the following year nothing material happened relative to our prefent fubject, and I shall therefore pafs it over, and proceed to the next.

1677. The 15th of February the Parliament met, after a prorogation of fifteen months: The King, in his Speech, informed both Houfes, "That he called them together, that they might have an opportunity of repairing the misfortunes of the last Seffion, and to recover and restore the right use of Parliaments, and at the same time declared his readiness to pass as many laws as they fhould defire, for the better fecurity of their liberties and properties, if they thought any were wanting."

What he required on his own part of them, were, firft," to confider the neceffity of building more fhips; next, that as the additional revenue of the Excife

*

See an ufeful and valuable Work, published in 1763, by Henry and Cave and J. Emonfon in St. John's Square, intitled, Debates of the Houfe of Commons, from the year 1667 to 1694, by the Hon. Anchitell Grey, Efq; who was thirty years Member for the town of Derby, and was extremely well known to and respected by my Lord Cavendish.

would

would fhortly expire, he hoped they would not deny him a continuance of it, nor fuch other fupplies as fhould be neceffary for the good of the public.'

As the Parliament had been prorogued for above a year, my Lord Cavendish, and fome other Members, doubted whether that prorogation was legal; and therefore thought it ought not to pafs over without a question, i. e. Whether the Parliament by fo long a prorogation was not actually diffolved? but after it had been debated for fome time, it was at laft dropped, and the House proceeded to other business. *

Next,

* This matter, which my Lord Cavendish moved in the Houfe of Commons, concerning the Parliament being dif folved, as it had been prorogued for above a year, was alfo canvassed in the Houfe of Lords-The Duke of Buckingham opened the matter in a speech, which he concluded as follows: Nothing (fays his Grace) can be more dangerous to a King or a people, than that the laws should be made by an affembly, of which there can be a doubt, whether they have a power to make laws or no: And it would be in us inexcufable, if we fhould over-look this danger, fince there is for it so easy a remedy, which the law requires, and which all the nation longs for.

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"The calling a new Parliament, it is, that only can put his Majefty into a poffibility of receiving fupplies; that can fecure your Lordships the honour of fitting in this Houfe like Peers, and your being serviceable to your King and country; and that can reftore to all the people of England their undoubted rights of frequently choofing men to reprefent their grievances in Parliament; without this, all we could do would be in vain ; the nation may languish a while, but muft perish at laft: We fhould become a burthen to ourselves, and a prey to our neighbours. My Motion, therefore, to your Lordships fhall be, that we humbly address ourselves to his Majefty, and beg of him, for his own fake, as well as for the people's fake, to give us fpeedily a new Parliament; that fo we may unanimously, before it is too late, ufe our utmost endeavours for his Majefty's fervice, and for the fafety, the welfare, and the glory of the English nation."

Some of the words in the Duke's fpeech were thought fo bold by the Lords in the Miniftry, that one of them moved that the Duke might be called to the bar. But the Earl of Shaftesbury, who was fully prepared, oppofed this motion as im

H 2

proper

Next, they by an Addrefs humbly thanked his Majefty for his Speech, and afterwards went into a Grand Committee, to confider of ways and means to raise the Supply defired. At first it was proposed to give the King 400,000l. for building twenty fhips of war, which one in the Committee faid was enough in confcience, feeing that the Customs were fet apart for that purpose, and brought in at least 600,000l. per annum. However, upon farther confideration it was at laft agreed, in order that nothing should be wanting to answer what was propofed, to grant a fum not exceeding 600,000l.

It is here to be observed, that Lord Cavendish had before promoted the bringing in a Bill, for recalling the English forces out of the French King's service, which had been agreed to, and read the first time; it was now propofed, the 22d of February, to read

it

proper and extravagant; and did, with great courage and sharpnefs of application, fecond and enforce the Duke of Buckingham's argument; and the Earl of Salisbury and the LordWharton fell in brifkly on the fame fide. While one of them was fpeaking, the Duke took a pen, and writ the following fyllogifm: "It is a maxim in the law of England, that the Kings of England are bound up by all the ftatutes made pro bono publico, that every order or direction of theirs, contrary to the fcope and full intent of any fuch ftatute, is void and null in law: But the laft prorogation of the Parliament was an order of the King's, contrary to an act of King Edward III, made for the greatest common good, viz. The maintenance of all the ftatutes of England, and for the prevention of the mifchiefs and grievances which daily happen: Ergo the laft prorogation of Parliament is void and null in law; after which he appealed to the Bishops, whether it was not a true fyllogifm, and to the Judges, whether the propofitions were not true in law.

The debates arofe to that height, that all the four Lords were ordered to be fent to the Tower for contempt of the authority and being of the prefent Parliament, there to remain during the pleasure of his Majefly and the Houfe of Peers. In the mean time the Duke of Buckingham took the opportunity of flipping out of the Houfe, while the Lord Anglefy was arguing against committing them. The Houfe, finding he had withdrawn

it a fecond time, which was alfo agreed to, and after fome debate the Bill was ordered to be committed.

Now as to the 600,000l. which had been voted, the House refolved that it fhould be raised by a Land-Tax, &c. and in the Grand Committee, when the matter was under confideration, there arofe a question, how far the Cuftoms fhould be appropriated towards making good that fupply; which being propofed, it was refolved that neither the tonnage nor poundage fhould be appropriated for the ufe of the Navy.

My Lord Cavendish, after this point was determined, stood up, and declared, “That he was of an opinion, from what he had lately observed, that there continued ftill creatures and penfioners of France in our Councils, and therefore he moved, that an Address fhould be prefented to the King, to remove Lauderdale from thence; which, however,

withdrawn himself, were in a rage, and defigned to address the King for a proclamation against him; but the Duke, foreseeing the event, would not give them fo much trouble, and appearing the next day in his place, the Court Lords immediately cried out, To the bar! But his Grace, who could readily turn any thing serious into a jest, and extricate himself out of any difficulties, rofe up, and faid, He begged their Lordships pardon for retiring the night before; That they very well knew the exact economy be kept in his family, and perceiving their Lordships intended he should be fome time in another place, he only went home to fet his houfe in order, and was now come to fubmit to their Lordships pleafure; which was to fend him to the Tower, after the Earls of Shaftesbury and Salisbury, and the Lord Wharton. It was faid, that the Earl of Shaftesbury, being jealous of the Duke's fetting himself up for the head of his party, used to speak flightly of him as a man inconstant and giddy, which the other hearing, refented. It happened afterwards that the Duke, the Earl of Salisbury, and the Lord Wharton, being discharged on their fubmiffion, and only the Earl of Shaftesbury continued in the Tower, because he then refufed to make the like, the Earl looking out of a window as his Grace was taking coach, cried out, What, my Lord, are you going to leave us? Ay, my Lord, faid he, fuch giddy-headed fellows as I can never stay long in a place. This Earl continued there for above a year afterwards..

was

was not agreed to; but it was refolved, that an Addrefs fhould be presented to his Majefty, concerning the prefent power of France, and therein humbly to beseech him to make fuch alliances with foreign powers, as he fhould think would be moft conducive to the good of the kingdom, and quiet the fears of the people."

On the 12th of March the House refolved to grant his Majefty a farther fupply, by continuing the additional Excife for three years.

On the 16th, it was refolved, That those perfons who had either compelled, advised, affifted, or encouraged the raising, levying, carrying, or fending any of his Majefty's fubjects into the military fervice of the French King, fince his Majefty's Proclamation iffued upon an Addrefs from this House, on the 19th of May, 1675, were and should be esteemed, enemies to the peace of the King and Kingdom.

On the 19th, my Lord Cavendish moved, "That an enquiry fhould be made touching the money that had been raifed by granting Wine-licences;" which was feconded, but, after fome farther confideration, this motion was dropped.

On the 26th the Commons refolved," That a farther Address should be made to his Majefty, to give him an affurance, that if, in pursuance of the defire of this House, he should find himself neceffitated to enter into a war, they would fully aid him from time to time, and affift him in that war:

April the 11th, his Majefty fent a meffage to the Houfe, wherein he faid, "That finding fome alterations in the affairs abroad, he thought it neceffary to put them in mind that the only way to prevent the danger which might arife from enemies, was that of putting him in a condition to make fuch fuitable preparations as fhould enable him to defeat their machinations and defigns, and thereby preferve the public peace."—And if they fhall defire to fit for any longer time, his Majefty was

content