>«*< . « ■- 'S-" '^«.'->:^".»»« JSi: . -T.IJT P relented to Tlie Coiniell University, 1869, Goldwin Smith, M. A. Oxoii.. Regius Profeffor of Hiltoiy in the Univerfity of Oxford. s Cornell University Library DA 407.S52A2 Memoirs, letters, and speeclies, of Antho 3 1924 028 117 335 Hoi SS'2A2. 0:„.' ; y. r ' The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028117335 -Tv./.: / y Hv\ ^>^ '&!h;.f ff «!«»: ;v I'Vnni .1 |.:Hiililli; l-v l.^'lv m Uu^ pol;H'U!lol\ of I'uhlrhr,! i'V -h'h/i Uinr,,: i ;-^nj.yj-t.' ./.. y,y. TA/,n MEMOIRS, LETTERS, AND SPEECHES OP ANTHONY ASHLEY (JOOPER, FIRST EARL OF SHAFTESBURY, LOED CHAN.OELLOR, WITH OTHER PAPERS ILLUSTRATING HIS LIFE. FROM HIS BIRTH TO THE RESTORATION. EDITED BY WILLIAM DOUGAL OHKISTIE, ESQ. HER majesty's envoy EXTRAORDINARY AND MINISTER PLENIPOTENTIARY IN BRAZIL. HottOon : JOHN MUERAY, ALBEMARLE STREET. 1859. [The right of translation is reserved,'} cornellN university LIBRARY LONDON ; M'OOWAN and CO., rRIHTIM, 10) 'inKAT WINDIknLL STRSKT, HATUAKKET. CONTENTS. *** When no mention is made of the source whence a paper has heen derived, it comes from Lord Shaftesbury^s collection at St. Giles's ; and when it is not stated that the paper has heen printed elsewhere, it is now published for the first time. Page. PREFACE ix CRITICAL EXAMINATION OF THE FIKST CHAPTER OF LORD Campbell's life of Shaftesbury .... xxvii LIST OF LIVES AND BIOGRAPHICAL NOTICES OF SHAFTESBURY lix LIST OF EDITIONS OF WORKS REFERRED TO . . . Ixii I. FRAGMENT OF AUTOBIOGRAPHY, 1621-1639 . . 1 n. AUTOBIOGRAPHICAL SKETCH AlTD DIARY, 1621-1650 38 in. TWO PASSAGES RELATING TO EVENTS IN 1640. RE- PRINTED FROM LORD KING'S LIFE OF LOCKE . . 89 1. Scotch Invasion. August, 1640 . . . , 89 2. The Twelve Peers' Petition for a Parliament, August 20, 1640 90 rV. LETTERS AND PAPERS DURING THE CIVIL WAR, 1643- 1645 92 1. King Charles I. to the Marquis of Hertford, August 10, 1643 ; confirming the appointment of Sir A. A. Cooper as Governor of Weymouth and recom- mending that he be persuaded to resign later . 92 IV CONTENTS. Page. 2. Notes of Sir A. A. Cooper's Examination before the Committee of both Kingdoms on his coming over to the Parliament, March 16, 1044. [From the State Paper Office.} 93 3. Committee for the Parliament in Dorsetshire to Sir A. A. Cooper, August 3, 1644 ; desiring him to command a brigade of horse and foot ... 96 4. Sir A. A. Cooper's Commission to be Commander- in-chief of the Parliamentary forces in Dorsetshire, October 25, 1644 . . . . . .96 5. Sir A. A. Cooper to Committee for the Parliament in Dorsetshire, giving a report of the storming of Abbotsbury, October 1644 97 6. Committee for the Parliament in Dorsetshire to Sir A. A. Cooper, 1644 (probably in November ;) giving general instructions 100 7. Memoranda for the Governor of Poole, by Sir A. A. Cooper, probably written in November, 1644 . 102 8. Sir A. A. Cooper to General the Earl of Essex, December, 1644, reporting the relief of Taunton. [From the British MnsLnm.'] ..... 104 9. Committee for the Associated Western Counties to Sir A, A. Cooper, May 17, 1645 ; instructions for blockade of Corfe Castle . ... 106 V. SUPPRESSED PASSAGES OP LUDLOW'S MEMOIRS, 1653- 1660. FROM THE LOCKE PAPERS AT THE KARL OF LOVELACE'S 108 VI. LETTERS AND PAPERS DURING THE PROTECTORATE AND TO THE RESTORATION, 1657-1660 . 130 1. Sir A. A. Cooper to Henry Cromwell, September 10, 1657, asking a favour for his brother-in-law, Viscount Moore. [Reprinted from Thurloi's State Papers.'] 130 2. General Monk to Sir A. A. Cooper, June t, llioSl, Holiciting Kin influcMco, as member of the OoUHeil of State, to |)rcvent a oli:ini;e among Monk's ofTioors. [Printed in M(irli/n\'< Lijl:] . . jyj CONTENTS. V Page. 3. Extracts from the Privy Council Book, August and September 1659, relative to Sir A. A. Cooper's ar- rest on suspicion of complicity in Sir George Booth's Insurrection. [^From the State Paper Office.2 133 4. Extracts from the Privy Council Book, October 1659, relative to the interruption of the Kump Par- liament by Lambert and Fleetwood. [_From the State Paper Office.] 137 5. Fragment of Account of a Conference of Sir A. A. Cooper with Monk's Commissioners to the Com- mittee of Safety, November 1659 .... 145 6. Sir A. A. Cooper, Thomas Scot, Josias Bemers, and John Weaver to General Fleetwood, December 15, 1659 ; remonstrating against the proceedings of, : the Committee of Safety and owning an attempiV '[ to get possession of the Tower. [Printed in Thur- \ loe'.i State Papers and in the Somers Tracts.'] . 148 7. General Montagu to Sir A. A. Cooper, March 24, 1660 ; acknowledging receipt of commands about the navy. [Printed in Martyn's Life.] . . 154 8. Sir A. A. Cooper to General Montagu, April 23, 1660 ; rejoicing in Lambert's defeat by Ingoldsby . 156 VII. SPEECHES DURING THE SECOND SESSION OP OLIVER CKOMWELL'S last PAKLIAMENT, JANUARY 20 TO FEBKUABT 4, 1658. KEPRINTED EROM BURTON'S DIARY OF THE CROMWELL PARLIAMENTS . .164 1. January 28. On a motion to exclude all private business for a month in order to call the Govern- ment to account for the violent exclusion of mem- bers and to secure the people's liberties . .169 2. January 28. On the question of returning an answer to a message from the other House, and supporting a motion for first considei'ing the ques- tion whether the other House should exist . . 170 3. January 29. Supporting a motion of Sir Arthur Haslerig to refer the question of the other House VI CONTENTS. Page. to a Grand Committee or Committee of the whole House .... ... 170 4. January 80. On the question whether the substance of the answer to be returned or the title to be given to the other House should be first resolved . .170 5. February 2. Supporting a motion of Sir Arthur Haslerig that the whole question of the other House be referred to a Grand Committee . . 171 6. February 3. Another speech on the motion for a Grand Committee . . . . .171 vni. speeches in eichakd cromweix's paeliament, January 27 to April 22, 1659. rkpkinted FROM burton's DIART OF THE CROMWELL FABUA- MENTS, EXCEPT NO. 24 174 1. February 5. On a. motion for sending to the Tower a man named King who had been sitting in the House, not being a member ..... 175 2. February 5. On a motion for appointing a Committee about the maintenance of clergymen in Wales . 170 3. Februai-y 11. On -i proposal for a, previous resolu- tion before committing the Bill for the recognition of Richard Cromwell as Protector . . .176 4. February 14. On a motion against the word recognize as applied to the Protector in a proposed prelimi- nary resolution .... . . 179 5. February 14. Supporting a previous vote in answer to Sir Walter Erie and Serjeant Maynard who had argued that such a vote did not oblisjc the Parliament and, if it wore not in the Bill, would not be law . . ... .ISO (). Fcl)ruary 16. On a motion to accuse Mr. Honrv Nevil of atheism and blnsphemy . . l^^| 7. Fobruiu-y IN. For settling the Ihnitalions of the I'l-o- teitor'H power before discussing the question of the (jtlii^r House iir lUiylliing else. . _ jy^i 8. I'ubruury 21. SupiMiiliiig n luolioii for llio ivle:ise of the Duke of liuckiiighiuu iVoni iininisoiiinent H<-> CONTENTS. Vli Page. 9. February 22. For discussing the right of the new Lords or members of the other House before declaring their powers 183 10. February 24. In a debate on the war between Sweden and Denmark, Richard Cromwell's media- tion, and a proposal to send a fleet to the Sound . 185 11. March 4. On a motion for calling in Sir Henry Wroth, in the custody of the Serjeant-at-Arms, on a charge of assaulting Major-General Packer, a member 188 12. March 4. In a debate on the constitution and powers of the other House 189 13. March 7. Supporting a motion to refer back to the Committee of Privileges a report on the election forMalton ... .... 189 14. March 7. Against a motion for a proviso that the old Peers who have been faithful be not excluded, and against transacting with the other House . . 190 15. March 8. Against a proviso saving the rights of the old Lords 192 16. March 9. On the question of the right of those elected for Scotland and Ireland to vote • . . . 193 17. March 9. On a motion, made during the debate about the Scotch and Irish members, to declare any attempt either on the person of the Protector or on the House to be high treason . . 195 18. March 16. On a motion respecting Cromwell's im- prisonment of Major General Overton in Jersey in 1655, and against a proposed addition to the motion relative to other persons imprisoned . . 196 19. March 18. On the question of the right of the Scotch members to sit and that they withdraw . . . 197 20. March 21. Reports a visit to the Speaker, with a de- putation fi^om the House to inquire after his health 199 21. March 21. On the question of the Scotch members . 200 22. March 22. On the question of the Irish members . 200 Vlll CONTKNTS Piu/c. 23. March 28. On the question of transacting with the persons now sitting in the other House as a House of Parliament, and supporting amcndraentB that they be bounded and approved by this House . 201 24. March 28. Supporting a motion that the other House be limited in time, and last only for the present parliament. [PuUished at the time, and often re- printed.'] 202 25. March 28. Supporting a further addition to the vote for transacting with the other House during this parliament, viz., " and no longer imless confirmed by Act of Parliament." 218 26. March 29. On a bill proposed by Mr. Bulkeley for settling the revenue ...... 219 27. April 1. Proposing an amendment on the Revenue Bill - . . . 219 28. April 2. In a debate on a proposed Declaration for a day of public humiliation, and supporting a pro- posal to insert words expressing sorrow for the past successiou of contradictory oaths . . . 220 PREFACE. Nearly eighteen years ago I conceived the idea of writ- ing a Life of the first Earl of Slia.ftp=K.-" ^'i ---- ERKATA. In the last line of page xlix for visit read receive. Pa-^e 106 line 2 for Sir Lewis Di-ves is read Sir Lewis Dives i ^«*v, giaiiug. ± soon round that the work which I had undertaken demanded very extensive inquiries and much careful investigation, and could not be quickly executed. The life of Shaftesbury is intertwined with the history of the government of England for forty most eventful years, from the beginning of the .great Civil War to Vni CONTKNTS Page. 23. Marcli 28. On the queation of tranaacting with the persona now sitting in the other House as a Hoiue of Parliament, and supporting amendments that they be bounded and approved by this House . 201 24. March 28. Supporting a motion that the other House be limited in time, and last only for the present parliament. {Puhlished at the time, and often re- printed.'] 202 25. Mareh 28. Supporting a further addition to the vote for transacting with the other House during this parliament, viz., " and no longer imless confirmed by Act of Parliament." 218 26. March 29. On a bill proposed by Mr. Bulkeley for settling the revenue 219 27. April 1. Propoaing an amendment on the Revenue PREFACE. Nearly eighteen years ago I conceived the idea of writ- ing a Life of the first Earl of Shaftesbury. There exists no biography of him, at all worthy of the great part •which he bore in public events in a most interesting period of English history, and of the great fame of his talents and eloquence. The want of a Life of the Lord Chancellor Shaftesbury has been often mentioned by historical writers. When I first conceived my project, Mr. Martyn's Life had been lately edited by Mr. George Wingrove Cooke ; it had attracted attention to the subject, and made the want of a good biography more glaring. I soon found that the work which I had undertaken demanded very extensive inquiries and much careful investigation, and could not be quickly executed. The life of Shaftesbury is intertwined with the history of the government of England for forty most eventful years, from the beginning of the .great Civil War to X I'HKl'ACE. ■within a vory short time before the close of the reign of Charles the Second. I soon found that in the story of the reign of Charles the Second, as told even by the latest historians, there was much deficiency of authentic information, and much material error, bearing on Shaf- tesbury's career. I have employed myself for several years, in the intervals of other pursuits, in reading pub- lished works which were likely to throw any light on the history of Shaftesbury's life and times, and examining various collections of papers, private and public ; and among other papers, I have examined considerable por- tions of the correspondence of the French Ambassadors in London from the end of Richard Cromwell's Protec- toniic and during the reign of Charles the Second, in the Archives of the Foreign Office iu Paris. I had thus made a considerable collection of materials and proceeded some way in writing a Life when, in the year 1855, the present Earl of Shaftesbury kindlv gave me access to all the papers in his possession relating to his ancestor, and permission to make use of them in any way which I might think desirable. Since then I have been chiefly abroad, under circum- stances not favourable to the prosecution of a literarv work requiring reference to many books ; and I lately dotorminod, while in England on a leave of absence from diplomatic duties, to pnblisli with notes the papers which PREFACE. XI Lord Shaftesbury had placed at my disposal and others which I had collected, with the addition of Shaftesbury's speeches. This work has been interrupted by my re- cent appointment to be Her Majesty's Minister in Brazil ; and I have thought it advisable to publish at once the part which is prepared, extending to the Restoration. I hope that circumstances may permit me to publish the remainder of the papers at a time not very distant. A large proportion of the papers published in this volume comes from Lord Shaftesbury. All the papers be- longing to Lord Shaftesbury had been seen by Mr. Martyn, who was engaged by the fourth Earl of Shaftes- bury, the son of the author of the " Characteristics," to compose a Life of the Chancellor. Some papers referred to by Mr. Martyn are not now to be found. The prin- cipal missing document is the earlier and probably larger portion of a Memoir of Shaftesbury by Mr. Thomas Stringer, who was his chief secretary when Chancellor and for many years his confidential friend. It is clear that Martyn has taken much from this Me- moir. It is also clear that its accuracy is not to be depended on, and that many of Martyn's errors are derived from Stringer. Of Shaftesbury's earlier life Stringer would have known nothing of his own know- ledge. It is not impossible that Shaftesbury in recount- ing to him his earlier life may have in some degree XII I'liKFACK. misled him; it is probable that Stringer made mistakes in committing to writing Shaftesbury's recollections ; it is certain that he wrote with a desire to justify and exalt his patron. It would have been satisfactory to be able to see this earlier portion of Stringer's Memoir, as no reliance can be placed on JNInrtyn's judgment, and it may have been sometimes inaccurately represented by !Martyn or may have contained information which he has omitted to extract. The only portion of Stringer's Memoir, which is now to bo found in Lord Shaftesbury's hous^e, is for the ynnrs 1(172, llIT;!, and ll^)74. For these years, whirli comprise Shaftesbury's elevation to the Woolsack and his removal from it, Stringer is a good authoritv. 'I'liis fragment of his Memoir, for perhaps (he most in- teresting years of Shaftesbury's life, is very interesting. It will be published in a later volume. Mr. Benjamin Martyn, who was chosen by the fourth Earl of Shaftesbury to write the Life of his great-grand- father, was the author of a successful tragedy, called Timoleon, now forgotten, and a friend of Dr. Birch, the well-known literary and historical inquirer of the last century. He appears to have begun the work in the year 1738, and he was employed upon it for some voni-s. The fourth Earl and other members of the family took an active interest in it ; and llioro .nv mnnv judicious notes by Iho fourth Eiarl prosevvcd among Lord Shaf- rRKFACK. Xlll tesbury's papers. Mr. Martyn's work, wlien completed, did not satisfy his patron. It is evident that he had no knowledge of history and no capacity for writing such a work. In the year 1766 the work was consigned by the fourth Earl to Dr. Sbarpe, master of the Temple, for improvement. The fourth Earl of Shaftesbury died in 1771 ; his son then placed the manuscript in the hands of Dr. Kippis, the editor of the Biographia Britannica. Dr. Kippis appears to have made many suggestions. The work was then printed, but it is stated that the ■whole impression was destroyed with the exception of two copies. One copy exists at St. Giles's; another, having found its way into the hands of Mr. Bentley, the publisher, was edited in 1836 by Mr. George Wingrove Cooke.* Shaftesbury has been indeed unfortunate in his fame. He lived in times of violent party fury ; and calumny, which fiercely assailed him living, pursued him in his grave, and still lingers round his name. He lived in times when the public had little or no authentic infor- mation about the proceedings of the Government, when errors in judging public men were more easy than now, and when venal pamphleteers, poets, and playwriters drove a profitable trade in libels on public men. The * See Mr. Cooke's Preface and Biographia Britannica,art.Anlhoiiy the Life of Shaftesbury in Kippis's Ashley Cooper. XIV I'KKFACK. jies of dotraction produced counter-lies of excuse and eulogy, and the result is n great agglomeration of errors. It will be seen from the first piece in this volume that Shaftesbury formed in old age the design of placing his own story before posterity, and vindicating his fame from the calumnies of contemporary faction. He has left but a small fragment, which terminates at the moment of liis entrance into public life, before attaining the age of twenty-one. I do not believe the story of his Memoir!^ having been burnt by liOcke. But there is no doubt that Shaftesbury's distinguished grandson, the author of the "Characteristics," cherished the hope that his illustrious friend and tutor, the intimate friend of Shaftesbury in his later years, would write a biography of his departed friend. There can be no doubt that Locke's great powers of analysis, great knowledge of human nature, and great zeal for truth, applied to the portrayal of Shaftesbury's character which he bad had great opportunities of studying, and to the history of his life and times of which he had great personal knowledge, would have produced a most excellent work. When Locke died, leaving only a small collection of materials, just enough to show that ho had meditated a biography, there came for a moment a now glenm of hope to the grandson, piously nttnolunl to Shaftesbury's memory, that llio work wliicli Locke iiad failed to execute PUEFACE. might be undertaken by his distinguished nephew and executor, the future Lord Chancellor King,* * The letter in wliioh Mr. King, afterwaids Lord King and Lord Chancellor, informed the third Earl of Shaftesbury, on Locke's death, tliat he had found among Locke's papers a fragment of a memoir of his grandfather, is printed in Locke's Works, vol. x. p. 322. The following is a part of the third Earl's reply, written in January, 1705, and preserved at St. Giles's: "The few sheets or lines which our deceased friend, Mr. Locke, has left on the subject of my grandfather, are to me at least very precious remains, and, if nothing more, are however the kindest pledges of his love to the memory and family of his great friend. How happy'for'rae, and for the public perhaps no less, that he had lived to perfect them. But who so fit to perfect this, or any- thing he left, as the person whom he has left to succeed him, and who, as nearest related to him in blood, is the nearest so in genius, parts, and principles? And me- thiaks, at leisure hours it would be no unpleasant task for one who so nobly asserted the rights of the people to vindicate the much- regretted memory of one who was a champion in that cause, and must make no small part of the history of those times, when the foundation was laying for the present glorious ones and for the happy Revolution that gave birth to them. The noble progress of this cause in these latter days has often made me wish it a historian worthy of it, and if this or any oHier occasion, ever so slight, could be able to turn your thoughts towards a matter of so great weiglit, I should think it very happy: for " 'tis not a single man's life, but the history of our own age, that I am wishing for : not for the patriot's sake, but for the cause. But be this as your better genius may direct yon." It is to be observed that the author of the " Charac- teristics" had not seen the fragment found among Locke's papers when he wrote this reply. I have in a note at p. 45 pointed out some gross historical errors in this fragment which has been published as Locke's, and stated my belief that it could not be his composition. The third Earl wrote also about the same time to Leclerc, who had applied to him for information re- lative to Locke and his intercourse with Shaftesbury. " 'Tis enough for me to know that I can serve you in anything, for no one would do it more readily or heartily, but when you add to this the interest of our dear friend's memory, it lay.s the greatest obligation on me : and I must own that besides this, the greatest interest I have of my own and what I am apt to be the most concerned for, is the vindication of that relation's memory that is so kindly joined by you, as indeed it is, with that of our common friend I have writ Mr. King, Mr. Locke's nearest relation Xvi PRKFACE. Though the information about Shaftesbury to be derived from the papers in the possession of the family is not to be despised, the want of more materials is much to be regretted. It is singular how few letters written by Shaftesbury are in existence. It is not im- probable that in the last stormy years of his life, when he was the chief mark for the fury of a violent party in the ascendant, and when his life was in danger from the Court, many of his letters were destroyed by himself and by his correspondents. One reason which has weighed with me, after a long time of preparations, to publish these papers before completing a biography, is the hope that this preliminary publication may lead to the discovery and communication, by some of those whom it may interest, of further materials. I have also wished, by means of the notes in this publication, to free the biography, which I do not re- linquish the hope of completing, from controversial matter; and I have further thought that it might be well to prepare the public by a previous examination of my materials for the appeal which I shall make against much of the condemnation hitherto meted to Shaftesbury. I reserve any attempt at a general estimate of Shaftes- bury's character until the publication of the papcre re- and heir, nnd who inherits many botli in our laxN-s and in Iho nar- of hia qualities, ami is at present liament." the greatest young man wu have PREFACE. Xvii lating to his later life ; and I hope that those, who may find any interest in this volume, and care to judge justly an historical reputation, will not be unwilling to suspend their judgments. I cannot too strongly express my sense of the readiness with which Lord Shaftesbury has dded me, and the kind confidence which he has reposed in me. Very early in the course of my inquiries, I was kindly permitted by the Earl of Lovelace to inspect the Locke papers in his possession ; and he most liberally per- mitted me to use according to my discretion any papers which I might find, in addition to those which the late Lord King had published in his Life of Locke. I found among these Locke papers the interesting series of suppressed passages of Ludlow's Memoirs, which is printed in this volume, and some little additional corres- pondence between Locke and Stringer, not uninterest- ing in connexion with Shaftesbury's life, of which extracts will be published in a later volume. In the long time which has passed since I profited by Lord Lovelace's kindness, I have shown some of the papers which I then copied, and which were thus placed at my disposal, to some friends engaged on the same period of history. One of the suppressed passages of Ludlow has in consequence been referred to by Mr. Carlyle in his work on Cromwell, and by Lord Campbell Xviii PREFACE. in the later editions of his life of Shaftcshury ; and Lord Campbell also derived from me an anonymous letter about Jeflfreys, which I found among the Locke papers at Lord Lovelace's, and which he has thought it worth while to print in a note to his Life of that Chan- cellor. In the year 1845, I was kindly permitted by the Marchioness of Bath to examine the family papers at Longleat. A sister of Shaftesbury's first wife, the daughter of Lord Coventry, married Sir Henry Thynne, the owner of Longleat, whose eldest son was created Viscount Weymouth. Lord John Kussell had published, in an appendix to his Life of Lord Kussell, extracts from the correspondence of Henry Coventrj', Secretary of State, which he found at Longleat. Henry Coventry was a brother of Shaftesbury's first wife and of Lady Thynne, and uncle of the first Lord Weymouth. I had also seen among the Birch Manuscripts in the British Museum extracts made by Dr. Birch from a Diary of public events from 1668 to 1688 preserved at Longleat. I found at Longleat an interesting correspondence of Sir William Coventry, another brotlier-in-kw of Shaftesbury, with his nephew Lord Weymouth, of which 1 shall publish some extracts in a later volume. I found nothing of Shaftesbury's ; and tlio Dinry from which Dr. Birch made extracts, and wliieli still exists nt rREFACE. Xix Loagleat, contains nothing of particular interest. I bad hoped that I might find at Longleat another Diary, that stated by Pepys to have been kept by Sir William Coventry, and also Sir William Coventry's account of the proceedings relating to the disgrace of Lord Chan- cellor Clarendon, likewise mentioned by Pepys.* Lady * " Up to the Tower, and there find Sir W. Coventry alone, writing down his journal, which, he tells me, he now keeps of the material things He was pleased to take occasion to show me and read to me his account, which he hath kept hy him under his own hand of all his discourse and the King's answer to him upon the great business of my Lord Clarendon, and how he had first moved the Duke of York with it twice, at good distance, one after another, but without success ; showing me thereby the simplicity and reasons of his so doing, and the manner of it, and the King's accepting it, telling him that he was not satisfied with his management, and did de- clare some dissatisfaction against him for the approving the laying aside of my Lord Treasurer at Oxford, which was a secret the Kinghad not discovered." Pepys's Diary, March 9, 1669, vol. v. p. 136. Sir W. Coventry had a leading part in the removal of Clarendon iroin the Chancellor- ship. He was one of the Com- missioners of the Admiralty in the earlier part of Charles II's reign ; and there is at Longleat in manu- script a very interesting fragment of ii History of the first Dutch War written by him. I'here is also an interesting manuscript of his in the British Museum, an Essay on the Decay of Rents. (Ayscough's Catalogue, 3828.J He was sup- posed by many the author of the " Character of a Trimmer," writ- ten by his more celebrated nephew, Lord Halifax. In one of theletters contained in the correspondence with Lord Weymouth mentioned in the text, he distinctly denies the authorship of that tract, but pro- ceeds to declare himself a Trimmer in these words : " I have not been ashamed to own myself to be indeed a Trimmer, not according as the Observator paints them, but (as I think the name was intended to signify) one who would sit upright, and not overturn the boat by swaying too much on either side." Sir W. Coventry's death is thus mentioned in one of Lady Russell's letters. "SirW. Coventry left a noble charity when he died, £2(J00 to the French refugees, and £3000 to redeem slaves. His four exe- cutors are Harry Savil, James and Harry Thyn, which are two bro- thers of the Lord Weymouth, and Frank Coventry, his nephew. He died at Tunbridge, and was biuicd XX PRKFACE. Bath most kindly caused further search to be made fur these papers after my visit to Longleat ; but they have not been found. While I have been employed in collecting materials for a Life of Shaftesbury, M. Guizot has published, in a new edition of his Life of Monk and in his History of Richard Cromwell and the Restoration, a large number of despatches of the year preceding tlie Restoration from the Archives of the French Foreign Ofi&ce, which I had myself examined in the Archives, chiefly in order to satisfy myself about the story, told in the Locke Memoir of Shaftesbury and in Martyn's Life, of a scheme actively promoted by Bourdeaux, the French Ambassador, accepted by Monk, and foiled by Shaftes- bury, to make Monk King. The story is a heap of exaggeration and fiction. I cannot mention M. Guizofs name without ofl'eriug my humble tribute of praise to the diligent accuracy, at Penshurst." (Lady Ruasell'a count of Sir W. Coventry's death. Letters, i. 193 ed. 1853.) He died It is mentioned in a book called in 1683. It is to be regretted that Tyers's Political Conferenci s more is not known of this interest- (1781) that there was a Diary of ing man. See note at p. 30. I Lord Halifax among tho Duke of should be glad to learn where is Shrewsbury's MSS.. and at ihal now to be found a letter which I time in the hands of Dr. Robertson have seen mentioned in a sale the historian. I have not been able catalogue, sold among Lord do to obtain any clue to such it Clifford's papers in IN.TI, a MS. manuscript, which would probably h'tter of Lord Weymouth to Sir bo a most valuable historiciU acqui- Robert S»uthwell, giving iin ac- sition. PREFACE. XXI general justice, and uniform impartiality and moderation of his finely written Histories of a period which I have long heen studying. M. Guizot will probably publish in a short time the promised continuation of his Histories to the end of the reign of Charles the Second, with extracts from the des- patches of the French Ambassadors in London during that reign. I venture to hope, if his work is not yet com- pleted, that he will be induced to give a special attention to the notices of Shaftesbury during that period ; and in the hope that the large gaps which 1 have been com- pelled to leave in my examination of the despatches in the French Foreign OflBoe may be filled up by this eminent and conscientious writer, I mention that I have carefully gone through the English correspondence in the Archives of the French Foreign Office for the years 1659 to 1665, 1669, 1672 to 1674, and 1679 to 1681. It has not been possible for me to pass sufficient time in Paris for a complete examination of the despatches of the French Ambassadors for the reign of Charles the Second, which fill somewhere about two hundred thick and closely written folio volumes. While em- ployed in examining them, in the year 1850, I ven- tured to suggest to Lord Stanley of Alderley, with whom as Under Secretary of State for. Foreign Affairs XXII rnF.FACE. I was then in correspondence, tliat it might be ■worthy of the consideration of our Government, if the French Government would permit complete copies to be taken, to incur a moderate expense for making copies, which might be rendered accessible in England to historical inquirers, or even published to the world. This sugges- tion was communicated with friendly zeal to Lord Pal- merston, then at the head of the Foreign Office, wbo received it with his usual kindness, and acted with cha- racteristic promptitude. I was immediately authorised to incur a reasonable expense, on the public account, for copies of the despatches of the reign of Charles the Second ; and Lord Normanby, then Ambassador in Paris, was instructed to apply for the permission of the French Government. This permission was refused. A distinction was made between allowing individuals to make extracts by special permission and under the supervision of the Director of the OfiBce of Ai-chives, and allowing the publication of the whole series. I hope that this decision may yet be reconsidered. These despatches now belong to historv. They are. alas! the best sources for thehistory of English govern- ment during a period of humiliating momorios. when the English Sovereign, some Englisli Ministers, nnd many English legislators wore the mendicant retainers of the Trench King, nnd when the chief business of tlie PiiKFAUE. xxiii Freuch Ambassaflor iu Loudon was the base one of bribing members of Parliament to worry the King, and bribing the King to resist the Parliament. Large extracts from these despatches have been published by Sir John Dalrymple, by M. Mignet in his valuable work on the Negotiations relative to the Spanish Succession, and by others. No reserve can now lessen the shame for both nations of this flagrant corruption by Louis the Fourteenth of our King and public men. I have always found Sir John Dalrymple's extracts correct and fair ; but there is a large additional quantity of important and interesting information in these des- patches, altogether confirming the view of this period of our history first given in Dalrymple's well-known work, which he probably bad not time to acquire. Lord Campbell's Life of Shaftesbury in his Lives of the Chancellors has appeared since I began my investi- gations into this subject, They who have followed the criticisms on other Lives by Lord Campbell will not ex- pect that his Life of Shaftesbury should be one of great accuracy. I ventured, on its first appearance, to suggest some corrections to Lord Campbell ; and some of my suggestions were followed in the second edition. I could not expect to persuade Lord Campbell to alter the general tone of his Life, which would have rendered necessary Xxiv PREFACE. n complete reconstruction of the biography, and I did not presume, in my communication to him, to do more than point out some of the most obvious errors of fact. I confess that a more thorough examina- tion of his biography has greatly swelled my catalogue of his errors. I subjoin a minute dissection of the first chapter of Lord Campbell's Life, which occupies only thirteen pages of his last edition. It is not easy, with every desire to avoid giving offence, to make such a criti- cism in an agreeable manner. I hope I shall not be thought to over-estimate the talents required for writing an accurate life or for exposing the inaccuracies of another, A great author, in a biographical work vphich, in spite of much injustice and notwithstanding great subsequent additions of knowledge, has achieved lasting fame and is always read with enjoyment, has modestly gauged the requirements for literaiy biograpliy ; and legal biography is not dissimilar. " To adjust the minute events of literary history," said Dr. Johnson in his Lives of the Poets,* " is tedious and troublesome ; it requires indeed no great force of understanding, but often depends upon inquiries which there is no opportu- nity of making, or is to be fetched from books and pamphlets not always at hand." There can bo no doubt * 111 thr I.ifo urnrv.loii. PREFACE. XXV that, if Lord Campbell had lokoa the necessary time and put out the powers of his acute and vigorous mind, to write a careful biography of Shaftesbury or any other of the Chancellors, he would have left little employment for critics. As it is, he does not depend on his Lives for lasting reputation. It will, however, always be no mean embellishment of the solid fame vyhich he has secured, that in the evening of a life of great professional labours and successes, he found amusement, and relaxation from high duties, in pursuits of literature, and in composing a long series of biographies which, if not of unim- peachable accuracy, are always lively and agreeable, and, if not always just, show always a fair intention and be- nevolent spirit. I should be sorry to be uncourteous or unjust towards one, who has honoured me with his friend- ship, and whose strong intellect, kindly nature, public services, and great career have my respect and admira- tion. W. D. Christie. London, October 1, 1859. CRITICAL EXAMINATION OF THE FIRST CHAPTER OF LORD CAMPBELL'S LIFE OF SHAFTESBURY, EXTENDING TO THE RESTORATION. The object of this minute dissection of the first chapter of Lord Campbell's Life of Shaftesbury, which covers the same period as the present volume of papers, is to show to how great an extent the story of Shaf- tesbury's life has been overlaid with error, and also how unjustly Lord Campbell has treated his character. Lord Campbell's is the latest biography of Shaftesbury, and, forming part of a popular work, is probably better known than any other. Almost all the errors of previous bio- graphers are collected in Lord Campbell's Life. The biographies of Shaftesbury contain many errors derived from two different sources, the prejudices of opponents and the exaggerations and perversions of flatterers. Mr. Martyn, the biographer chosen by the fourth Earl, who had access to all the papers in the possession of the family, made a bad use of his opportunities, being evi- dently incapable of employing them well, and has pro- duced a book showing much ignorance, strong partisan- ship, and a wonderful faculty of blundering. Lord Campbell, whose tone is hostile to Shaftesbury, has XXVUi EXAMINATION OF IJUST CHAPJIill OF liirgoly followed Mr. iNIai-tyn's slatcments of fact wiilioiit inqiiiiv. It wns not to be cxpucted that Lord Campbell should make tlic investigations necessary for scattering the accumulation of errors which have clustered round Shaftesbury's name; but it must be admitted that a little sifting might have enabled him to avoid adopt- ing many obvious blunders. More blame is due to Lord Campbell for some increase of the stock of errors through the frequent exercise of his imagination, and for many conjectural reproaches and inventions of in- vidious details, which pervade the Life, and produce in the aggregate a most disagreeable and unjust impression of Shaftesbury's character. Lord Campbell, starting with an unfavourable view of Shaftesbury's character, has interpreted actions, settled doubts, and filled up blanks of evidence, by conjectures coloured to his fore- gone conclusions. Instances will be found in the fol- lowing examination of a small portion of his Life. I have felt that there was no other way of undoing the effect produced by Lord Campbell through a multitude of small touches of imaginative insinuation and detail, than by a piecemeal examination and refutation. " Utor permisso, caudtccjue pilos ut equina' PauUatim vello, et demo unum, demo ctiam unum, Dum cadat elusus ratione ruentis accrvi." 1634. " It i.s related that the youth, wl\ilo onU thirtoon \i\irs ot" ;isjo, showed the cik rjry iif his character by lUlciiting '-\2. 7 the world would wear it to a just moderation. This man was moderately learned, a great lover of naoney, had neither piety proportionable to the great profession he made nor judgment and parts to support the good opinion he had of himself; but he served well enough for what he was designed for, being formal and not vioious. Upon the death of my father, the Easter term following I made my first journey to London. I lodged at Sir Daniel Norton's lodging in Three Cranes Court in Fleet Street, he being one of my guardians by my father's will, and after the term went down with him to Southwick, his house near Portsmouth in Hamshyre. Here Mr. Guerden left me and went not down ; but I was then taught by Mr. Fletcher, who was taken in the house to four sons of Sir Daniel's, a very excellent teacher of grammar. My father's debts, which were very great, contracted by his loss at play, his only fault, and a very fatal one to our family,* had raised so many suits, and given the * He was also generally extra- kept open house whenever he was yagant. In a letter from Lady at any of them) be remarked ? " Elizabeth Harris (November, Lady Elizabeth Harris, was a 1734) to the Countess of Shaftes- granddaughter of Shaftesbury, bury, wife of the fourth Earl, sister of the third Earl, the author preserved among Lord Shaftes- of the " Characteristics ;" she bury's papers, occurs this passage : was mother of James Harris, the " Why, when mention is made author of " Hermes." She took of Sir John Cooper's great debts great interest in the biography from play, should not his very great of her grandfather, which the hospitality which was conspicuous fourth Earl had engaged Mr.Martyn (some old servants of the family to prepare, endeavoured to procure have oft times told me he had no materials, and wrote suggestions to less than three houses, viz., St. the Countess. Sir J. Cooper sat Giles's, Bockbome, and, if my in the House of Commons for memory fails me not, Lediard, all Poole, in the first and third parlia- furnished with servants &c., and meuts of Charles I , 1625 and 1628 8 FRAGMENT OF AUTOBIOGRAPHY. ] 632-4. thea Court of Wards and some near relations and neigh- bours hopes to advantage themselves in the confusion and disorder of so great an estate, in so much that my grandfather's own brother. Sir Francis Ashley, the King's Serjeant at law, one of more elocution, learning, and abilities than gratitude or piety to his elder brother's family, old Mr. Tregonwell, a near neighbour but no good Samaritan, one that never knew generosity or kind- ness but for himself his horse or his dog. Sir William Button, a miserable wretch, the Earl of Danby* and others, on pretence of being creditors or sureties, but in truth having an eye on several parts of the estate which, if sold in haste, must become good pennyworths ; these having by the help of Sir Francis Ashley found the way to engage to their party Sir Walter Pye, Attorney of the Court of Wards, a corrupt man who then swayed that Court, the Master, Sir Eobert Naunton, being not the activest man, they quickly took the estate by order of the Court out of my father's trustees' hands and ap- pointed these very men (except the Earl of Danby) and their friends commissioners to sell the land,* who speedily • Henry Danvers, Earl of tinct on his death, was revired Danby, son of Sir John Danvers in 1674 in the person of the who had married, in the reign of famous Lord Treasurer Osborne, Elizabeth, one of the daughters and whose mother was another co- co-heiressea of the last Lord heiress of Lord Latimer, and who Latimer ; he was created by James was ultimately created Duke of I. Baron Danvers, and by Charles Leeds. 1. Earl of Danby. He died un- * Many papers relating to these married, 20th January 1644. He proceedings exist among the records was a soldier, and was the founder of the Court of Wards iu the of the medical garden at Oxford. Chapter House, and among them (Banks's Extinct and Dormant is a list of the conuiiissioucrs for Pooragos iii. i'i^i) The title of iKo salo of tile lands, >>ho were Harl of Danby, which booamo ox- iilXoou iu uumbur. Sir 1'. Ashley FRAGMENT OF AUTOBIOGRAPHY. 1632-4. 9 despatched the matter, selling the most part to one another at their own rates, Eookhorn, my father's seat, to Mr. Tregonwell, Damerham Martin and Lodyrs, the two first very near me, goodly manors, to Sir Francis, my uncle. This occasioned Sir Daniel Norton to go constantly to London every term, and he very often took me with him as thinking my presence, though very young, might work some compassion on the Court or those that should have been my friends. My father had appointed three trustees for me and my estate. Sir Daniel Norton, Mr. Edward Tooker that had married my father's sister, and Mr. Hannam of Wimborn, a near kinsman; but Mr. Hannam, finding trouble, gave up the trust, not having kindness for our family to undergo either hazard or trouble for us. Sir Daniel and my uncle Mr- Tooker undertook it, and refused to convey the lands to such purchasers as the Court of Wards sold the land to by those commissioners of their own appointing, exclud- ing them my father had only trusted, and desired time to sell the land at better rates, and in particular that I might be allowed to be a purchaser of Eockborn, Pavrlett, and the manors of Damerham Martin and Lodyrs, I having an estate of my own from Sir Anthony Ashley, my mother's father, for which I was not in ward. This was pressed in open court, I being then present ; the Court refused, unless the purchasers, who were also present, would consent ; the argument for Pawlett* was was not one of them, as might be jury which held inquisition on Sir inferred from .the account in the John Cooper's death, in CoUins's text, and as is stated by Martyn, Peerage ed. Brytlges, iii. 546. (i. 36.) See for an account of the * Pawlett or Paulett had been lauded property inherited by Sir acquired by Shaftesbury's great A. A. Cooper the finding of the grandfather, Richard Cooper, part 10 FRAGMENT OF AUTOBIOGRAPHY. 1632-4. that it was ancient land of my family, for Rockborn that it was the seat of the Coopers, near my other bouse, as also was Damerham and Martin, and that they were all too good bargains to he sold from the family. Mr- Blanchflower, a gentleman that was esteemed very near and knew how to make the best of his money, yet thought this so reasonable that he readily consented, and declared that he aimed at no other advantage but his debt and in- terest to be forthwith paid.* My uncle. Sir Francis Ashley, who had bought Damerham Martin and Lodyrs, and my neighbour, Mr. Tregonwell, who had contracted for Rockborn, positively refused, though very much urged, to part with their bargains. Whereupon my trustees were required by the Court to convey the estates to them, which they refusing, the Court committed them to the Fleet, and they were forced to convey before released.f by purchase from SirAmiasPaulett, the judges of Charles I., but he and part by grant frum Heury did not sit on the day on which VIII., who took the manor from sentence of death was passed, nor Gaunt's Hospital at Bristol. (Col- was his name subscribed to the linson's Hist, of Somerset iii. 100.) warrant. After the Restoration his • Mr. Blanchflower would be life was spared, but he was impri- the purchaser of Pawletl. soned for life, and his estates were t It appears from a note among forfeited. The king was prevailed the Shaftesbury papers, that Robert on to grant Wallop's estates to the Wallop and Francis Trenchard Earl of Southampton, Shafies- were committed to the Fleet, Juno bury (then Lord Ashley,) and two IG 1634, for refusing to assign others, for the use of his wife nnd Damerham and Loders to Sir F. family. Wallop died in Uie TiAvtr Ashley. These would be the friends in 1667; and the estates wito to whom the guardians had sold afterwards reconveycd by Ilic these estates in trust for Shaftes- trustees to the family. Shaftesbury bury, as stated later in the text, acted zoalou.'ily to serve Wallup Wallop was Shaftesbury's cousin, and his family on this oicasu'ii ; and was afterwards beholden li> but the account given inMait\ir;> Shaftesbury for a similar but I.ifo (i. 217) of Shalie^buij'.v ii.ut giotttcr .'ii'rvici.'. Ho was one of in this nU'uir is absurdly ixiii;;;!- FEAGMENT OF AUTOBIOGRAPHY. 1034. 11 Thus was my estate torn and rent from me before my face by the injustice and oppression of that Court, near relations, and neighbours who I may truly say, have been twenty thousand pound damage to me;* yet Mr. Tregonwell had not good success in his hard dealing, for he was so greedy of a good bargain that he looked not into his title, and this manor proved entailed on my father's marriage with my mother, my father having left this out of the fine he passed on all his other lands when he conveyed them for the discharge of his debts, not in- tending to sell the place of his father's bones, especially when his other land would more than serve to pay all. This blot was soon hit when I came to manage my own matters ; and Mr. Tregonwell's grandchild and myself came to an agreement, I suffering him to enjoy his own and his lady's life in the manor, in which I designed to bury all animosity or ill will as well as lawsuits betwixt the families. My trustees, notwithstanding their forced conveyance, yet preferred a bill against my uncle, they having sold the manors of Damerham and Lodyrs before to one for my use, and my uncle having bought it by a particular that now he endeavoured to avoid ; for it con- sisting all of old rents, my trustees, to make it the easier purchase for me, had granted all the estates untilled to rated. See a letter on the subject Wards, and Shaftestury, Ihen a from the Earl of Southampton to member of the House of Commons, Archbishop Bramhall in the was able to avenge the losses of his Rawdon Papers, p. 153. Robert youth b/ giving a helping hand Wallop is the direct ancestor of for its abolition. " Sir A. A. the Earls of Portsmouth. Cooper spoke against the Court nf * One of the first acts of the Wards and for the Excise." Nov. legislature after the Restoration 211660. (Pari. Hist. iv. 148.) was the abolition of the Court of 12 FRAGMENT OF AUTODIOGRAPHY. 1634-fi. friends in waste to the value of some two thousand pounds, and my uncle, Sir Francis, bought it by the same particular as full stated, yet afterwards endeavoured to overthrow this trust, and to improve his great bargain in yet two thousand pounds more. Sir Francis Ashley, being opposed by my trustees in this design, and finding my separate estate, which came to me from his brother my grandfather and was not liable to wardship, to be the fund by which my trustees were enabled to give him this opposition, he most wickedly designs the total ruin of my fortune, and desires to be heard on behalf of the King to prove that the deed by which I claimed was not valid to preserve that land from wardship, and accord- ingly a day was set down for hearing the debate of this deed. Mr. Noy was then the King's Attorney, who, being a very intimate friend of my grandfather's, had drawn that settlement ; my friends advised that I was in great danger if he would not undertake my cause, and yet, it being against the King, it was neither proper nor pro- bable he would meddle in it forme; but weighing the temper of the man, the kindness he had for my grand- father, and his honour so concerned if a deed of tlia^ consequence should fail of his drawing, they advised that I must be my own solicitor, and carry the deed myself alone to him, which, being but fourteen* years old, I undertook and performed with that pertness that he told me he would defend my cause though he lost his place. I was at the Court, and he made good his word to the full without taking one penny fees. My Lord Oottington was then Master of the Wards, who, sitting with his hat over his eyes, and having hoard Sir Francis make a Jong • A bliuik ill llio muuusciiiil for llio ngc. Thiu U'iid wi\s in JG3&. FKAOMENT OF ADTOBIOGRAPHY. 1035. 13 and elegant speech for the overthrowing of my deed, said openly, " Sir Francis, you have spoke like a good uncle." Mr. Attorney Noy argued for me, and my uncle rising up to reply (I heing then present in court,) before he could speak two words, he was taken with a sudden convulsion fit, his mouth drawn to his ear, was carried out of the court, and never spoke more.* I continued under the care of Sir Daniel Norton for several years until his death, which happened in 1635. * Sir Richard Baker notes Sir Francis Ashley's death as " by the will of God," 20th November, 1G35. (Chronicle p. 417, ed. 1684.) Noy, who was made Attorney General in January 1634, is said to have died in September 1635. See Howel's Letters i. 233. There must be a mistake in one or other of these dates, probably in the date of Sir F. Ashley's death. The story in the text is evidently authentic, and is an 'interesting story of Noy, whose historical re- putation is unfavourable. Sir Francis Ashley, who appears so unfavourably in this story, was a conspicuous defender of the arbi- trary system of Charles I , and was committed to custody by the House of Lords in 1628, on ac- count of the violence with which he argued at the bar of that House for the Crown against the Petition of Right. The only child and heiress of Sir Francis Ashley rarried the celebrated Presbyte- rian leader, Denzil Holies, who inherited this litigation. It appears by a note preserved among the Shaftesbury papers, that Sir E. Ashley had promised to reconvey Damerham and Loders to Sir A. A. Cooper when he became of full age, and that there was a suit against Holies to enforce execution of this promise. On February 13, 1637, the Court declared the promise voluntary and not binding, and pronounced Holles's demurrer good in bar of Sir A. A. Cooper's suit. There was still litigation be- tween Cooper and Holies in 1641, when. Cooper having been returned to the Long Parliament for Down- ton on a double return, there is an entry in the Commons' Journals, February 10, 1641, recording per- mission to Holies to proceed in his suit against Sir A. A. Cooper. The entry is thus expanded in Sir Simonds d'Ewes' MS. Journal. "It was agreed in the House that Mr. HoUis, a member of this House, having a suit against Siir Anthony Ashley Cooper (he named Anthony Ashley in his baptism) being an elected member of this House, but the election being in controversy, and he not yet ad- mitted to sit as a member, was allowed to proceed in the suit, being in the Court of Wards, and demand publication of witnesses." Harl. MSS. in British Museum, 162 p. 213 a. 11 FRAGMENT OF AUTOBIOGRAPHY. 1635. He was a worthy and an honest gentleman, and bad been in his younger days a very valiant experienced and fortunate sea-commander ; he had Southwick by my lady, who was heir of the Whites : she was a worthy and a shining woman, an excellent housewife, and mother of many deserving children, and was my godmother. Sir Daniel being dead, and I of that age as now to choose my own guardian, being above fourteen, my Lady Norton was desirous to continue me with her, and the rather because she might reasonably expect I might prove a husband for one of her daughters, there being a great friendship between her youngest daughter Eliza- beth and me: and truly, if the condition of my litigious fortune bad not necessitated me to other thoughts for support and protection, the sweetness of the disposition of that young lady had made me look no further for a wife. My uncle Tooker and Sir Walter Erie both also pretended to the care of me ; Sir Walter Erie's son, Mr. Thomas Erie, being of the same age with me, and there being the nearest friendship betwixt us was imaginable in our years, which increased as we grew older and never to expire but in both our deaths. But my being so very young was assisted with the troubles I had already un- dergone in my own affairs, having now for several yeare been inured to the complaints of miseries from near re- lations and oppressions from men in power, being forced to learn the world faster than my book, and in that I was no ill proficient : yet I had for my diversion both hounds and hawks of my own. I chose my uncle Tooker, my surviving trustee, for my guardian, he being most versed in my affairs, my noarcst rcliition, and hod the reputation of a wortliy man, as indeed ho proved ; he FRAGMENT OF AUTOBIOGRAPHY. 1035-7. 15 was a very honest industrious man, an hospitable pru- dent person, maoh valued and esteemed, dead and alive, by all that know him. To his house in Salisbury my brother George, my sister Philippa, and myself removed from Southwick, where, and at Madington a country house of my uncle's eight miles from Salisbury, we con- tinued until, in the year 1637, I went to Oxford to Exeter College, under the immediate tuition of Dr. Prideaux.* During my residing with my uncle and my being at Oxford my business often called me to London in the terms, where I was entered of Lincoln's Inn.f Thus the condition of my affairs gave me better education than any steady designed course could have done : my busi- ness called me early to the thoughts and considerations of a man, my studies enabled me better to master those thoughts and try to understand my learning, and my in- termixed pleasures supported me and kept my mind from being dulled with the cares of one, or the intentness I had for the other. I kept both horses and servants in Oxford and was allowed what expense or recreation I desired, which liberty T never much abused ; but it gave me the oppor- tunity of obliging by entertainments the better sort and • His name had been entered, Devon and Wood's Athen. Oxon. according to Anthony Wood, in iii. 265. Lent term, 1636. (Ath.'Oxon., ed. t His name is one of the last Bliss, iv. 70.) Dr. Prideaux was entered in the Lincolns Inn Re- Rector of the College and af- gister in 13 Car. 1, 1637-8. Lord terwards Bishop of Worcester. Falkland's name is within four or Exeter College prospered greatly five before it. In " Rawleigh Re- under his rectorship. For an ac- divivus"itiserroneously stated that count of this learned and excellent Shaftesbury was a member of man see Prince's Worthies of Grays Inn. JC FRAGMENT OF AUTOBIOGRAPHY. 1C37-9. suppoiting divers of the activest of the lower rank with giving them leave to eat when in distress upon my expense, it being no small honour amongst those sort of men, that my name in the buttery book willingly owned twice the expense of any in the University, This expense, my quality, proficiency in learning, and na- tural aflfability easily not only obtained the goodwill of the vriser and older sort, but made me the leader even of all the rough young men of that college, famous for the courage and strength of tall raw-boned Cornish and Devonshire gentlemen, which in great numbers yearly came to that college, and did then maintain in the schools coursing against Christ Church, the largest and most numerous college in the University. This coursing was in older times, I believe, intended for a fair trial of learning and skill in logic, metaphysics, and school divi- nity, but for some ages that had been the least part of it, the dispute quickly ending in affronts, confusion, and very often blows, when they went most gravely to work. They forbore striking, but making a great noise with their feet they hissed and shoved with their shoulders, and the stronger in that disorderly order drove the other out before them, and, if the schools were above stairs, with all violence hurrying the contrary party down, the proctors were forced either to give way to their violence or suffer in the throng. Nay, the Vice Chancellor, though it seldom has begun when he was present, yet being begun he has sometimes unfortunately been so near as to be called in, and has been overcome in their fury once up in these adventures. I was often one of the disputants, nnd gave the sign and order for their be- ginning, but being not strong of body was always FRAGMENT OF AUTOBIOGRAPHY. 1C37-9. J7 guarded from violence by two or three of the sturdiest youths, as their chief and one who always relieved them when in prison and procured their release, and very often was forced to pay the neighbouring farmers, when they of our party in Coveiil Ganlea. AtJTOBIOOnAPHICAL SKETCH. 1641-2. 48 In 1641 he went to Stow to see his sister, the Lady Hare,* and went through the most part of Norfolk. 1642. He about the end of March removed his lady to Rufiford in Notinghamshyre.t and returned to London, and so into the West, and stayed not there, but returned by Croome,]; in Woroestershyre, where the Lord Coventry then was, to Eufford. He was with the king at Notingham and Darby, but only as a spectator, having not as yet adhered against the Parliament.il Only being named by ordinance a deputy-lieutenant for Dorsett, he returned from Eufford ; the whole family removed to Thornehill in Yorkshyre, another house of Sir William Savile's. From Thornehill, the county being unquiet. Sir An- thony, his lady, the Lady Savile and the Lady Packing- ton, her sisters, removed to Bishop Aukland in Dunham, where they lived some months; only for some weeks they were forced to retire to the city of Durrham and to Newcastle. They lived at Mr. Wrens his house in Auk- land parish. From hence in the beginning of February, * Elizabeth, daughter of first Parliament ; but, in the absence of Lord Coventry, married to Sir specific information, it is more Thomas Hare bart. of Stow Bar- probable that he acted there with dolph, Norfolk, and Sir A. A. the members who insisted on re- Cooper's sister-iu-law. dress of grievances before grant- t The seat of Sir William ing a supply, among whom ■were Savile, his brother-in-law, married many of moderate opinions, friends to a daughter of Lord Coventry. of .the monarchy, who, when the X Croorae d' Abitot, the seat of Civil War broke out, joined the Lord Coventry. King's side, such as Hyde, Digby, II This is an important state- and Colepepper. It would seem ment, that he had not yet adhered from the account in the Autobio- to the King. It has been assumed graphy, that the feeling of Tewkes- that he was an ardent royalist as a bury was puritan. See p. 33. member in the preceding short a AUTODIOORAPHICAL SKETCH. 1642. the county being much unquiet, the ladies with Sir Anthony took a journey through Stainmore and West- moreland, Lancashyre, Ohessyre, and North Wales, to Shrewsbery ; by the way they went through the towns of Kendall, Lancaster, Preston, Lerpoole,* Chester, Wrexham. At Shrewsbery they lived some weeks, and then re- moved to Upton Crescett, in the same county, Mr. Crescett's house, where the Lady Thynne, their elder sister, was. From thence after some time they removed to Cause Castle, Sir Henry Thynne's house in the same county. 1643. Sir Anthony left the ladies, and went into Dorsett to his house at St. Giles's Wimborne, where he continued generally till, the Lord Marquess Hertfordf coming into the county, he was employed for the treating with the towns of Dorchester and Weymouth to surrender, the commission being directed to him, Napper, Hele,J • Liverpool. western army, but he was soon t William Seymour, Marquis of superseded by Prince Maurice. Hertford, so raised from the rank Hertford's constancy and services of Earl in 1640, great grandson of to the royal cause were rewarded tbe Protector Duke of Somerset, immediately afcer the Restoration Hertford had incurred the anger by his being created Duke of of James I. by marrying Arabella Somerset with a reversal of the Stuart of royal blood, and had Protector's attainder : but he been committed to the Tower, lived only a few weeks to enjoy whence he effected his escape, his new honours. He died in His wife soon died, and he made a October 1660. There is no pro- second marriage with a daughter lenoc for Mr. Martyn's slatcmcait of the Earl of Essex, sister of the that Shaftesbury was a relation of first parliamentary Geucral-in- the Marquis of Hertford (Life chief. This is the lady mentioned 1. pp. 138, 141.) in Shaftesbury's diary. On the J Sir GorardNapper, Nappoir.or breaking out of the civil war, Najnor, and Sir John Hole or Hoal. Hertford was appointed Com- Sec Autobiography p. '25. manduf-iu-chiof of tlio King's- AUTOBIOGRAPHICAL SKETCH. 1C43. 45 Ogle, which they effected, and Sir Anthony was by the gentlemen of tlie county desired to attend the King with their desires and the state of the county.* Sir Anthony was by Marquess Hertford made go- • This modest and evidently truthful account of Sir A. A. Cooper's relations with the King's party is iu complete contrast with the absurd extravagant statements, to which some have given credence, contained iu Mr. Martyn's Life and in the fragment of a Memoir which passes as Locke's. That Locke was the author of this Memoir, which, having been fonnd in his handwriting among his papers, has been printed in his works as his, I cannot think pro- bable. The accounts given by Mr. Martyn and in the Locke Memoir are as follows. Sir A. A. Cooper, being a young man of twenty-two, is represented to have proposed to the King in an interview at Oxford, to undertake the general pacifica- tion of the kingdom, if the King would authorize him to treat with the parliamentary garrisons and promise a new and free parliament. The King is said to have observed '■ You are a young man and talk great things," but to have given Sir A. A. Cooper the authority he desired. All Cooper's plans are represented to have been spoilt by Prince Maurice, and on Cooper's complaining to the King it is said that " the King shook his head with some concern, bnt said little." It is further stated that, after this first grand project was broken by Prince Maurice, Cooper started another, which was that the coun- ties should all arm and endeavour to suppress both the contending armies, that Cooper brought most of the sober and well-intentioned gentlemen of both sides throughout England into this plan, and that this was the origin of the " club- men," that Cooper was now so strictly watched by the court, which had become jealous of him, that he could not maintain the necessary correspondence with distant coun- ties ; that at this time the King wrote a very complimentary letter begging him to come to Oxford, but that his friends dissuaded him from going, telling him that danger lurked in the King's civility ; that Goring, who commanded a force iu those parts, had orders to sieze Cooper, that he invited himself one day to dine with Sir Anthony, who upon this took fright and fled to the Parliament's quarters. Most of this is downright falsehood : it is in itself sufficiently improbable that Sir A. A. Cooper, when so young, should have been en- couraged in such grand under- takings ; and the story abounds in anachronisms. The clubmen, whom Cooper is said to have brought forward, did not appear on the stage before the spring of 1645, more than a year after Cooper had left the King's cause. Mr. Godwin has pointed out this anachronism (Hist, of Commonwealth i. 439 note.) Goring, I believe, had no command in the west at the time when Cooper left the King's cause in Febiuary 1644; he had a command there in the following id AUTOBIOOR.iPHICAr. SKETCH. 1613. vernor of the towns of Woymouth and Melcombe and the Isle of Portland and the castles of Sandesfoote and Portland, colonel of a regiment of foot, and captain of a troop of horse. He raised a full regiment of foot and a troop of horse at his own charge. Sorlie months after this. Marquess autumn. It will be observed that Shaftesbury In this autobiogra- phical sketch makes no allusion whatever to the clubmen, which is not consistent with his having been the originator of so important a movement. There appear to be two, and only two, facts, on which this superstructure of confused error has been raised ; 1st, that Cooper atl ended theKing at Oxford in 1643 with a deputation from his county, and 2nd, that he received a flattering letter from the King shortly before his defection. Ano- ther gross historical error appears in a story told for the glorifi- cation of Cooper in the Locke memoir, and also told by Mr. Martyn, of his being called by the Parliament as a witness against his old private adversary. Holies. Holies being accused in the House of Commons of having transacted separately with the King when he was sent with other commissioners to Oxford to treat of peace, it is stated that Cooper was called as a witness by HoUes's accusers, as he was with the King at Oxford at the time, and that Cooper refused to give any answer and persisted in his refusal, though tlirraiened to be sent to the Tower. Now the separate conversation with the King, which was made a clmrgo against Holies, took place in November 1644, nine months alter Cooper had quitted the King's party. In the Memoir in Locke's works, it is mentioned that Holles's separate transaction with the King was on the occasion of the treating at Uxbridge, which was even later, in the beginning of 1645; but this is only one error more. [ cannot suppose then that Locke was the author of this Memoir which passes under his name. The account in this Memoir and that of Mr. Martyn evidently proceed Irom the same source ; and that source is probably Mr, Stringer. Locke perhaps copied out this collection of stories relating to Shaftesbury's early life, as he copied out the suppressed passages of Ludlow's Memoirs, in the course of collecting materials for a medi- tated biography. It is not impossi- ble that Shaftesbury in old age may in conversation with his friends have given a somewhat false colour to the story of his early life ; and there is a remarkable passage in Burnet accusing him both of boasting and of disingenuousness in speaking of his rclaiiona with Cromwell. (Own Time i. 96.) See llio noto later on the first of the suppressed passages of Ludlow's Memoirs. .AtItobiogeaphical sketch. 1643. 47 Hertford's commission was taken away, yet Sir Anthony had a continuation of all his commands under the King's own hand, and he was made high sheriff of the county of Dorsett, and president of the council of war for those parts.* * Clarendon has given many details not here mentioned in connexion with Sir A. A. Cooper's appointment as governor of Wey- mouth, in his History of the Re- bellion, iv. p. 220 and seqq. Much light is also thrown on this inci- dent of Shaftesbury's life by the letter from Charles the First to Hertford, published for the first time in this volume. Hertford had given Cooper a commission as go- vernor of Weymouth, before Wey- mouth was taken for the King, and Cooper had proceeded to appoint a deputy governor. Weymouth surrendered to the Earl of Car- narvon in August 1643. Priace Maurice had then replaced the Marquis of Hertford in the chief command of the King's western army, and he refused to confirm the appointment of Sir A. A. Cooper. Cooper went off imme- diately to Hertford who was with the King at Gloucester. Hertford took up the matter warmly, and made it a question of his own honour with the King that his appointment should be confirmed. Cooper also applied to Clarendon, then Sir Edward Hyde, and the King's Chancellor of the Exche- quer^ for his assistance. Clarendon says, " Sir Anthony came like- wise to him (Clarendon) who was of his acquaintance and desired his assistance, that, after so much charge he had been to in the expectation of it and to prepare for it, he might not be exposed to the mirth and derision of the county." Clarendon describes Cooper as " a young man of fair and plentiful fortune, and one who, in the opinion of most men, was likely to advance the place by being governor of It, and to raise men for the defence of it without lessening the army." Hertford and Hyde prevailed on the King, who was unwilling to thwart his nephew Prince Maurice, to confirm Sir A. A. Cooper's commission. Clarendon, speaking of his own good ofSces, says, " Besides his desire to gratify the Marquis, he did in truth believe it of great importance to his Majesty'sservice to engage a person of such a fortune and interest so thoroughly in his quarrel as be then believed such an obligation must needs do, the flexibility and instability of that gentleman's nature not being then understood or suspected." It will be seen from the letter of Charles I. to Hertford,that the King confirmed the appointment with a proviso that Hertford should use his influence to procure Cooper's resignation later without giving him offence, that an older and more experienced man might be appointed, Of this Clarendon says nothing ; but he says that Hertford 48 AUTOBIOORAPHICAL SKETCH. ] 643-1. Notwithstanding, he now plainly seeing the King's aim destructive to religion and the state, and though he had an assurance of the barony of Astley Castle,* which had formerly belonged to that family, and that but two days before he received a letter from the King's own hand of large promises and thanks for his service, yet in February he delivered up all his commissions to Ash- burneham, and privately came away to the Parliament, leaving all his estate in the King's quarters, £500 a year full-stocked, two houses well furnished, to the mercy of the enemy, resolving to cast himself on God and to follow the dictates of a good conscience. Yet he never in the least betrayed the King's service, but while he was with him was always faithful. The first place he came to of the Parliament's quarters was Hurst Castle, where Captain Buchester was governor. From thence he went into the Isle of Wight, to Portsmouth, Chichester, and London, where he dwelt at Dorchester house in West- minster, and his lady came to him about the middle of March, whom he had not seen in a year before.f was quite satisfied with the King's further on. It is a common accusa- decision. There is no inconsis- tion against Shaftesbury that he tency between Clarendon's account left the King's party because he and that given in the text ; and was superseded in his commands, theie is no reason to impale any or was otherwise slighted, and that untruthful motive to Cooper for the wounded vanity operated his con- omission in this very brief auto- version. II is clear that he resigned biography of the details mentioned his cummauds : he slated this by Clarendon. before the Comniittc c of both * In Wiltshire, whence the Kingdoms, where, if hisslalemont Ashleys of Wimborno St. Giles had been untrue, he would have came. See Coker's Survey of been inslantly put to shame by its Dorsfitihiro p. 14. disproof. It may bo said 'that t Compare iho notes of Sir A. Hertford may have induced him to A. Cooper's stutcmeiit to tin- Com- resign in fiiUUnfcnt of Iho King's mitteo of both Kingdoms, priritnl wi^h expressed when his appoint- AUTOBIOGRAPHICAL SKETCH. 16d4. 49 1644. After Weymouth was taken in by the Lord General Essex, the Committee for Dorsett, going into the country, desired Sir Anthony's company with them, which ment as governor of Weymouth was confirmed : but there is nothing to show that Hertford took any steps to give effect to the King's desire for Cooper's resignation, or that any more thought was taken of it by any one. It is quite clear that Hertford andCooper were both satisfied with the ultimate confirmation of the appointment. After Cooper was confirmed as governor of Weymouth he was appointed high sheriff of Dorset- shire for the King. The truthfulness of the account in the text, inclu- ding the statement about the flat- tering letter from the King, maybe relied on. It is clear that, so far from being slighted, Cooper re- ceived fresh marks of honour and confidence in the interval between the confirmation of his appointment as governor of Weymouth and his separation from the King, and that he was treated with distinction to the last. Others left the King's party at this very time, alleging diggust at his treaty with the Irish rebels, and the favour shown to Roman Catholics. (Ludlow's Memoirs, i. 116.) Ludlow men- tions the Earl of Westmorland and Sir Edward Bering. Lord In- chiquin was another. The moment was critical. The King had sum- moned his parliament at Oxford in January 1644 ; the Parliament desired the taking of the Covenant by the first of March. It cannot be said that Cooper deserted the King when his fortunes were low. It E appears that Shaftesbury was ac" companied in his change of party by his neighbour and friend Sir Gerard Napper. Mr. Arthur Trevor writes to the Marquis of Ormond from Oxford, March 9 1644, " Sir A. A. Cooper and Sir Gerard Napper are both run away to the parliament from their brethren the Commons here." (Carte's Life of Ormond, iii. 254.) This is a royalist who writes, and writes at at the time, but he imputes no bad motive. Clarendon certainly states that Cooper was superseded by Colonel Ashburnham, " and was thereby so much disobliged that he quitted the King's party and gave himself body and soul to the service of the Parliament with an implacable animosity against the royal interest." (Hist, of Rebel lion, iv. 496.) But Clarendon wrote long after the event, and with angry feelings towards Shaftesbury, and his accuracy in detail can never be relied upon. It is stated in " Raw- leigh Redivivus," that Cooper was affronted by Ashburnham's being sent into Dorsetshire with a com- mission as governor of the county which over rode his own authority as sheriff ; but this is an impro- bable story, entirely uncorrobo- rated, and the object of the writer of this biography is to prove Shaftesbury an injured man, for- getting that he by the same means helps to prove him resentful and interested. 60 AUTOBIOGRAPHICAL SKETCH. 1C44. lie did ;* and presently after they drawing in the forces of their county into a body, consisting of seven regiments of horse and foot, gave him a commission to command as Field Marshal General, with which they besieged Ware- ham, and having received an addition of a thousand horse and dragoons under the command of Lieutenant General Midleton, they starved the enemy out of bestall.t and had the town delivered upon articles. J Sir Anthony was employed by the Committee and Council of War to give the House a narrative of it, which he did at the House of Commons bar, and was the same day by an ordinance of both Houses added to the Com- mittee for Dorsett.|| * Leave was given by the parlia- ment to Sir A. A. Cooper to go down into Dorsetshire July 10, 1644. (Comm. Joum.) + So in the manuscript. i See the commission printed later. Cooper and Colonel Syden- ham besieged Wareham with a force of 1200 horse ond foot; Colonel Jephson also acted with them, probably commanding the reinforcement sent by General Mid- dleton. On the lOlh of August they stormed Wareham , and after a little lighting the garrison capitulated. The governor. Colonel O'Brien, having heard that his brother, Lord Inchiquin, in Ireland, had gone over to the parliament's side, was unwilling to prolong resistance. Compare Rushworth's Collections, pt. 3, vol. ii. p. 697., Vicars's Pari. Chron. iv. 5., Whitelocke's Memor. p. 98., Comm. Joum. Aug. 14. 1644. It appears from the accounts in Hufihworth and Vicars that Colonel Sydenham and Sir A. A. Cooper bore the chief part in the action. Middleton docs not appear to have been present at the storming; but the capitulation was signed by him as the senior officer. Jephson wrote a letter to the parliament relating the taking of Wareham and was thanked. (Journals, Au- gust 14.) II It is not mentioned in the Commons' Journals that Sir A. A. Cooper attended at the bar to make this statement ; but it is recorded that on the 1 4th of August, 1 644, he was added to the committee for governing the army in Dorsetshire, and his case as regards sequestra- tion referred to the Committee at Goldsmiths' Hall. The Com- mittee reported in a few daj-s, re- commending that he should bo permitted to compound by a pnv- ment of £500, and the House im- mediately adopted the report. This fine does not seem to have been paid. There is a note among the Shaftesbury papers slating that this fine was discharged by Crom- well ill icri7. AUTOBIOGRAPHICAL SKETCH. 1644-5. 51 About the end of September the Committee drew all the forces inDorsett a second time into abody, consisting of ten regiments of horse and foot, and gave Sir Anthony a commission to command them in chief as general of that brigade,* with which he took in Abotsbury by storm, and in it Colonel James Strangwais ; his whole re- giment, all the oflBcers and soldiers, one troop of horse, all prisoners at mercy.f From thence he marched to Stur- minster Castle, where Colonel Kadford was governor for the enemy, but he quitted the garrison before he could get thither, so that he marched to Shaftesbury, where the enemy were erecting a new garrison, which he forced them to quit also. After this he received orders to at- tempt the relief of Taunton, and a commission from his Excellency the Earl of Essex to command in chief for that design, which, having received the addition of some forces under the command of Major General Holborn and Commissary General Vaudniss, was by the mercy of God happily effected, and in the way the enemy for fear quitted their garrisons of Shute and Coxum houses in Devon.J This was in December. 1645. In May he received divers commissions from * " Sir A. A. Cooper with 1500 i. 135.) Compare Vicars's Pari, horse and foot from several gar- Chron. iv. 77, and see Sir A. A. risons took the field to encounter Cooper's report to the Earl of Sir Lewis Dives." (Whitelocke's Essex of the raising of the siege. Memorials, p. 109, October 1644.) printed later. Coxum or Cokara See also Vicars iv. 62. See Cooper's House is Colcombe, where there commission as commander-in- had been a castle, an old seat of chief, Oct. 25 1644, printed later. the Courtenays. It now belonged t See his detailed account of the to Sir John Pole, owner also of storming of Abbotsbury, later. the neighbouring house of Shute ; J Edmund Ludlow also joined they were both near Colyton in this expedition with two hundred Devonshire. See note on Cooper's horse from Wiltshire. (Memoirs, letter to Essex further on. 52 AUTOmOGRAl'lIlOAL SKETCH. 1045. the Committee of the West, the chief of which was to command in chief the forces they designed to beleaguer Corffe Custle, which forces he was to receive from Colonel Weldon, who then commanded in the west; but when Sir Anthony came into the country, he found Welden blocked up by Goring, so that being not supplied with men he was forced to return.* In June he went with his lady to Tunbridge, where he for six weeks drank the waters. In September his lady went to Oxsted in Surrey, to her aunt Capell's.t where her mother also was, and they both sojourned there.J In • Seethe instructions, May 17 1645, printed later. Mr. Martyn states, at variance with the facta, that Cooper successfully accomplished the task, and adds : " Corfe soon sun-endered, and received a strong garrison for the parliament, and for the better preservation of the place Sir Anthony threw a troop of horse with a body of foot into Lulworth." (i. 148). This is all misstate- ment. Corfe did not surrender till April, 1646 : Sir A. A. Cooper was not there then ; it was sur- rendered to Colonel Bingham. Mr. Martyn's misstatement is pro- bably owing to his having misun- derstood the passage in Cooper's memoranda for the governor of Poole, printed later, where he says, " A few foot in Lulworth with a troop of horse will keep Corfe far better than Wareham." But this means, keep Corfe in eheok, Corfe being still besieged, 'J'ho interestinfj story of the three years' defence of Corfe Cusllp by Lady Bankcs, wife of Sir John, the Chief Justice, has lately been plea- santly told by the late Mr. George Bankes. (" Story of Corfe Castle," 1853.) Sir John Bankes died at Oxford, in forced separation from his brave wife, during the siege, in December 1644. Shaftesbury was in later life the intimate friend of the grandson of the Chief Justice, as will appear from some of his letters to Locke, which will be printed later in this book. f Lady Capel, a sister of the second Lady Coventry, wife of Sir Henry Capel, kniglit, of Hadham, Herts. She had been previously married to Sir Thomas Hoskins of Oxted. X No mention is made by Cooper of an attempt made at this time to obtain a report on his elec- tion for Downton. The followini; entry occurs in the Commons' Journals, September 1, 1645, "Or- dered that Sir Walter Erie do make the report concerning the election of Sir Antliony .Xshloy ^^^o]n-rtllbc a member of this llouso on Sa- ttirday noxl." There is no sub- sequent entry, eitJierof a report, or SKETCH AND DIARY. 1G45-6. 5;! October he went down into the country, and sat with the Committee constantly, most commonly as chairman. In December he was employed by the Committee with Colonel Bingham to the General who lay then at Autree in Devon, to obtain an assistance of force towards the besieging Corff Castle, which they obtained.* In the end of this month he returned to Oxsted in Surrey. This was writ in January 1645. f 1646- January \st. I was at Oxsted in Surrey the Lady Capell's, whither I came out of the west, 26th December. bth. I came to London, lodge at Mr. Tarver's in Holborn. explaining why no report was made. Writs were being issued at this time to fill seats vacant by the expulsion of members who adhered to the King It is not improbable that the reason why Cooper did not obtain his seat was that he was held incapable of sitting on account of his former adherence to the King. Whitelocke records in his Memorials, September 18 1645, " Sir A. A. Cooper professed his great affection to the parliment and his enmity to the king's party from whom he had revolted ; and he was now in great favour and trust with the parliament." It may be presumed that this refers to some declaration made in order to gain admission to sit for Downton, * See Bankes's Corfe Castle p. 215. Sir Thomas Fairfax wasnow General in the place of the Earl of Essex, and was now at Otlery St. Mary, Autree, or Ottree, as it is variously written in books of that time, besieging Exeter. (Sprigge's Anglia Rediviva p. 15] and seqq., Bell's Fairfax Correspondence i. pp. 257, 263, Clarendon's History of Rebellion v. 288.) Cooper's mission to Fairfax on this oc- casion was probably exclusively civil. He probably ceased to act as a military commander after the new modelling of the army which had taken place in this year. He was not included in the new model. It is clear that he did not resent the omission, and he had no cause to do so. It is clear also that he had the confidence of the parliament. t January 1646. In printing the diary which follows, I for conve- nience print the years according to the present mode of reckoning. 54 DIARY. 1646. January OM. I sealed a new lease to John Bates of his bouse in Ely Rents for five years more than the twenty-one he had in his former, so that his term is to 16 70; this was granted in regard he bad built a consi- derable part of his house new. His rent is £5 yearly. I sealed another lease to John Hancock, which makes his old term full twenty-one years in another house of the same liberty ; his rent £8 yearly. This was freely granted him because he had been an old faithful servant to our family. Ibth. I went to Oxsted where my wife has been this half-year. Z2)id. I came to London to Mr. Tarver's. I enter- tained* Henry Shergall again. 24kth. I paid Mr. John Collins £100, borrowed of him by a bond dated the 5th day of August 1645, and had the bond delivered up, which was by me cancelled : and £4 for half a year's interest. The aforesaid j6104 was paid the day above-said by me for the use of my master, John Round. 3\st. I went to my aunt Capell's at Oxsted, where my wife has been this half-year. February ith. I came from Oxsted to London to Mr. Tarver's in Holborne. My cousin Norton came to my house at Holborne the 2nd day. 6th. Mr. George Skutt the elder of Poole had a hill from me to James Percivall for .£5, which he affirmed ho lent me formerly, so that I owe him nor liis sons nothing. ' " Entortaincd," took iiiloscrvico. DIARY. 1646. 56 The 6th day I had a nerve and vein cut by Gell, two more for which I was forced to keep my chamber twelve days. Felruary 9th. Mr. Skutt had a bill of exchange on James Percival for £100, which I received. 12th. I had another nerve and vein cut. I8th. I went to Aldenham in Hertfordshyre to Sir Job Harbye's. 20th. I went to Northampton from Aldenham. 21st- I went to Warwioke to my Lady Rous* for my wife's jewels, which I had of her. 2ith, I returned to Newport Pagnall. 26th. I returned to Aldenham to Sir Job Harbye's. I went to see Latimers and Cheynes in Buckingham- shyre, but returned to Aldenham. March 2nd. I went from Aldenham to Kenton Park in Middlesex, Mr. Carre Eawleigh's house.f • The wife of Sir Thomas Kous, pointed governor of Jersey by bart, of Rons-Lench, Worcester- Monk. He was a man of no re- shire, and daughter of Sir John markable ability or reputation. Ferrers of Tamvrorth Castle, War- He is lampooned with Cooper and wickshire. Wallop in a royalist satire on the t Carew Raleigh had married the Rump, printed in a " Collection of widow of Sir A. A. Cooper's Loyal Songs &c." 1731, vol. ii. grandfather, Sir Anthony Ashley, p. 57. See p. 4. Some interest attaches to ,, i„t,i„„ ri„„«™ t,„„,„ » .., « , . *^ , „ „. TTT . Ashley Cooper knew a reason nim as the son of Sir Walter ~, . . , T> 1 • I. Qi. i »■ cv 11 1 hat treachery was in season, Raleigh. Short notices of nim will ' ' be found in Prince's Worthies of When at the first he turned his of Devon in the biography of Sir coat Walter, and in Wood's Athen. From loyalty to treason. Oxon. ed. Bliss, ii. 244. He was , , ^ m . iir n , , , _ ,. , And gouty Master Wallop a member of the Long Parliament ; ,,,,,, he began as a royalist, but after- ^ow thinks he hath the ballop, wards left that party ; he was a But though he trotted to the member of Richard Cromwell's Rump, parliament 1658-9, and was ap- He'll run away a gallop. 50 DIARY. 1616. March blh. I came from Kenton Park to London to Mr. Tarver's. Tth. I went to Oxsted and delivered my wife her jewela. IQth, I came to London to Mrs. Tarver's. Mth. I went to Oxsted to my wife. nth- I came to London to Mrs. Tarver's. %lst. I came to Oxsted in Surrey. 23rfl?. I came to London to Mrs. Tarver's. I and Mr. Matthew Hopkins signed and sealed inter- changeably articles concerning my plantation in the Barbadoes, for which he is my agent. 26M. I went to Guildford, being part of my journey into the West to the quarter sessions in Dorsettshyre. Zlth. To Winchester. 28c»d in his coflin. See Cayloy"s I wish they would but try liim. Life of Sir Walter Raleigh, ii. 215. DIARY. 1646. 57 April 6th. I came to Dorchester to the quarter sessions, lodged at Will. Patye's house. 7th. We began the quarter sessions, which was this time kept at Dorchester, and not at Sherborne, for security. The justices present were Mr. Whitaker who gave the charge, myself, Mr. Erie, Mr. Browne, Mr. Grove, Mr. Chettle, Colonel Sidenham, Mr. Eobert Coker, Colonel Butler, Colonel Brodripp, Mr. Hussoy, Mr. Floyre, Mr. Savadge. 8th. We ended the sessions. Nine hanged, only three burnt in the hand. 9th, 10th. We sat* at the Committee. 11th. We sat in the Shire hall at Dorchester, by the ordinance for punishing pressed soldiers that run away of the 15th of January last ; when three were condemned to die, two to run the gantelope,t two to be tied neck and heels, one to stand with a rope about his neck. The judges were Sir A. A. Cooper, Mr. John Browne, Colonel Sidenham, Lieut. Colonel Coker, Mr. Savage, Mr. Christopher Erie, Colonel Herbert, Lieut. Colonel Cary, Major George Skutt, Major William Skutt, Major • This word is always spelt sate that the punishment was invented, iy Shaftesbury, the usual spelling and the same yerb lopen. See of the time. Notes and Queries, 2nd ser. viii. t Gautelope, so spelt in the manu- 132. An instance of the old form script. This was a military pimish- of spelling gantelope is given in ment, said to have been introduced Todd's edition of Johnson from a with the word, from Holland. Dr. sermon of the latter part of the Johnson gives the form of spelling seventeenth century. The punish- gantehpe, and derives the word ment was running between two from two Dutch words gant, all, ranks and being lashed by each and lopen, to run. Another deri- man on both sides. Gantlet, from vation which has been suggested is gantelope, and gantlet, a glove, from Ghent, the name of the town from the French, are, it would ap- of Flanders where it is supposed pear, two distinct words. 58 UTARY. 1C4C. Jerdan, Colonel Butler, Captain Arney, Captain Gulson, Captain Woodward, Captain Gold, Captain Batten, Cap- tain Henry Culliford, Captain William Culliford, Captain Yeardly, Captain Wase, Captain Bachelor of the army ; Mr. Loder Judge-advocate.* April 13M. We sat at the Committee. lith. I and Mr. Thomas Erie went and dined with Mr. Churchill at Muston ; from thence we went to Grange to Sir Gerard Neper's. 1 bth. I came to Allholland to Walter Goddard's. Zlst. I went to Wimborne to a petty sessions, with Mr. Erie, Mr. Chettle, Mr. Hannam. ZZnd. I went to Grange to Sir Gerard Napper's to meet my brother John.f %^rd. I came to Blandford, whither the Committee was adjourned from Dorchester, Mr. Sheriff, Mr. Erie, Colonel Butler, Mr. Elias Bond, Mr. Chettle, Mr. Joy. The sequestrators of Blandford were ordered to pay Mr. Chettle £'iQ, Mr. Bond £10, which was borrowed of them by the Committee, and for which Colonel Bingham and I gave our bills. 24M. We sat at the Committee at Blandford. 25fA. I sat at the Committee in the morning, but in the afternoon I went to Allholland. 21th. I went to Blandford to the Committee, and re- turned in the evening to Allholland. ZSth. I went to Tollard to Mr. Plott's, and met Mr. Erie and Mr. Grove. * The names are sometimes very f Jolin Coventiy, the eldest son difficult to reud in tliia manuscript, of tlto Lord Keeper by his second and I cannot bo sure tliat they are wife, always correctly given. DIARY. 1646. 60 April 29M. We all went to Salisbury. SOth, We all went to Farnham in Surrey. Mat/ \st. I and Mr. John Ryves came to Oxsted in Surrey. ith. I came to London to Mr. Tarver's. 9ik- 1 went to Oxsted. ISth. I came to London to Master Brough's in the Strand. My Lady Coventry and my wife name with me. IGth. I sealed a bond of £1000 to Noell the scrivener, to pay the bills of exchange of Hopkins from the Bar- badoes to the value of £500. ] 8th. I gave my servant, James Percivall, two bonds wherein he owed me £70, this for his losses in coming in with me to the parliament. 28th. I removed my lodging to my cousin Day's in Axe Yard, Westminster, my wife and her mother being gone out of the town. 30^^. I went to Oxsted. This month I borrowed £100 on interest of Mr Browne, Mr. Collins and myself bound. I borrowed this month another £100 of Mr. Strong without bond. But he has bond since. June 8th. I came from Oxsted to London to my cousin Day's house. I2th. I went to Oxsted. l&th. I came to London to my cousin Day's house. %Qth. I went in a coach with Sir John Packington and my brother, John Coventry, to Oxsted. 22nd. I came to London with them, and lodged at Mr. Bowes his house near Strand bridge. 26lh. I went to Oxsted. 60 DIARY. 1010. July Ist. I and my wife came to London to our own Iiouse in Holborne. 7th- I and my wife went to Oxsted. 9th. I dined at Limsfield with Sir Edward Gresham ; there dined Sir John Eveling* of Godstone and his lady. \Oth. I went to Somerhell to see my Lady Marquess Hertford, and lay that night at Tunbridge. 11th. T returned to Oxsted. lith. I came to London to my house. I6th. I returned to Oxsted. 20th- In the afternoon I went with my Lady Capell, my cousin Edmund Hoskins and his wife, to Limsfield, to Sir Edward Gresham's, and to Titsey to my Lady Gre- sham ; but we all returned at night. 22fid. In the afternoon, I and my cousin Charles Hoskins went to Crauherst to Mr. Angell's, but returned at night. 27th. My wife miscarried of a boy. She had gone twenty weeks ; her brother John in jest throw her against a bedstaff, which hurt her so, that it caused this. SOlh. I went to my house in London. '61st. I returned to Oxsted. August 6th. I went from Oxsted to Farneham, being my first day's journey westward. 7th. I went from Farneham to Salisbury. 8th. 1 went with Mr. Thistlethwait, the High Sheriff, to meet the Judges, Judge Rolest and Serjeant * Sir John Evelyn, cousin of usually spelt, had been made a John Evelyn of Wotton, whoso Judge of tho King's Bench in Id 16, Diary and olher writings are well and was made Chief Justice of the known. .sumo courl in U>I8. He was a t Judge UoUo, as the name is zealous parliamcntniinn, and was DTAKY. 1046. 61 Godbolt,* who were the two Judges for this circuit. August \Qth. I sat with Judge Godbolt on the Crown side, being the only justice there besides the Judge and clerk of assize in the commission of oyer and terminer. I was sworn this day a justice of the peace for the county of Wilts before Mr. Turner. The justices present this day were Mr. William Eyre the younger, Mr. Edward Tooker, Mr. Bennett, Mr. Joy, Mr. Hussey, Mr. Giles Eyre, Mr. Turner, Mr. Dove, Mr. Barnaby Coles, Mr. Francis Swanton. I am in commission for oyer and terminer this whole circuit. llth. Sir John Danvei'sf came and sat with us. Seven condemned to die, four for horse stealing, two for rob- bery, one for killing his wife; he broke her neck with his hands, it was proved that, he touching her body the day after, her nose bled fresh ; four burnt in the hand, one for felony, three for manslaughter; the same sign fol- lowed one of them of the corpse bleeding. one of the six Judges who accepted politics. (Foss's Judges vi. .318.) a commission from the common- * Brother of the Earl of Danby, wealth, after the King's execution, who is mentioned at p. 8. Though He was one of the two Judges under personal obligations to seized in their beds at Salisbury, in Charles I., he from the first took a the royalist rising headed by Pen- zealous part against him, and was ruddock in 1655, and had then a ultimately one of those who sat in narrow escape of his life. He judgment on him and signed the resigned his chief justiceship in warrant of death. Lord Danby, 1655, to avoid a conflict with who died without children in 1644, Cromwell. He died July 30th, had marked his anger against his 1656, at the age of sixty-seven, brother by leaving his estate to a (Foss's Judges of England vi. sister. Sir John Danvers obtained 472., Noble's Crorawells, i. 430.) from the Parliament a reversal of t Serjeant Godbolt was made a this will. He died before the Res- Judge of the Court of Common toration. (Noble's English Kegi- Pleas, April 30, 1647. He died in cides, i. 163.) 1648. He took no active part in 02 DIARY. 164fi, August IZth- I and the Sheriflf of Wilts begged the life of one Priohett, one of those seven condemned, be- cause he had been a parliament soldier. I waited on the Judges to Dorchester. l^th- I sat with the Judges at assizes. Judge Boles gave the charge. Justices present, myself, Sir Thomas Trenchard, Mr. Thomas Erie, in the commission of oyer and terminer ; Mr. John Trenchard, Colonel Bingham, Colonel Sidenham, Colonel Coker, Colonel Butler, Mr, Chettle, Mr. Hannam, Mr. Hussey, Mr. Gallop, Mr. Savadge, Mr. Brodrip. 14 momioii in Uiia Vlinry ! It will trial had licfn iia.sxcil by Iho lloiisi' be sroii IhnI I'oopoi aHiTthc Kiiijt's of OomitioiiH on Jainmry liili; llu" ili'ulh nrrcpliMl tho mw order I'f trial iM^gan nn llic '2(l|h: on the lliinjp. '27lh Hi'iili'ni'r waH passed. .'^Iriingo DiARv. 1G49. 83 April l^th. I went to Salisbury. 12M I returned home. May 2nd- Mr. Plott and I went to Poole to buy sack and returned at night. I was made by the States a commissioner in their act of contribution for the counties of Wilts and Dorsett. June 19tA. I went to my cousin Whitehead's at Fillery* in Hamshyre, in my way to London. 20th. T came to Hartford bridge. 21st. I came to London to Mr. Guidett's. July Srd- I came to Hartford bridge in my way home. ith. I came to Salisbury. 5th. I came home. 10th. My wife, just as she was sitting down to supper, fell suddenly into an apoplectical convulsion fit. She recovered that fit after some time, and spake and kissed me, and complained only in her head, but fell again in a quarter of an hour, and then never came to speak again, but continued in fits and slumbers until next day. At noon she died; she was with child the fourth time, and within six weeks of her time.f She was a lovely beautiful fair woman, a religious devout Christian ; of admirable wit and wisdom, beyond any I ever knew, yet the most sweet, affectionate, and observant wife in the world. Chaste without a suspicion of the most envious to the highest assurance of her husband, of a most noble and bountiful mind, yet very provident in the least things, exceeding all in anything she undertook, housewifery, preserving, works with the needle, cookery, so that her wit and judgment were ex- * So apparently in the manuscript, t She had had no child bom alive. 81 DIAHY. 1C49. pressed in all tilings, free from any pride or forwardms'' She was in discourse and counsel far beyond any woraau. Jubj 19^/«. 1 went to Madenton in Wiltshyre, to my uncle Tooker's. 27^A. I returned home. August 16M. I was sworn a justice of peace for the counties of Wilts and Dorsett by Mr. Swanton. This was the first time I acted since the late King's death. 30t/i- I i;iinio ti) Salisbury. DIARY. 1049-50. 85 October ^tlt- I came home to my liuuse. '2'lnd. I, my brotlier, and cousin Day wont to Win Chester, in our way to London. 2^rd. We came to Farneham. 24^/i. We came to London. I lodged at my cousin Day's. 21th. I went to my brother's house at Bow and lay there . 2Qth I returned to London. November- This term I paid my Lady Coventry one hundred pound she freely lent me. 1650. January 1th. From London to Bagshot. %th. From Bagshot to Sutton. %th. To St. Giles. 10/A. To Dorchester. Wth. Dine at Woolton at Sir Thomas Trenchards, and came home to St. Giles. Vlth. To Salisbury, to the sessions and oyer and terminer; present, Mr. Bond, High-sheriff, myself, Colonel William Eyres, Mr. Tooker, Mr. Hussey, Mr. Swanton, Mr. Free of Wishford, Mr. Ayres of White parish, Colonel Thomas Eyre, Colonel Read, Mr. Gabriel Martin, Mr. Coles, Mr. Shute, Mr. Littleton : we all tliia day subscribed the Engagement. 18! CUulihIou. 8oi- nolo a( [i.l?. PAPERS DURING THE CJVII, WAR. 1643-4. 93 and experienced commander, they may run great hazard to be lost to the great prejudice of our affairs, we ear- nestly recommend it to you to prevail with them willingly to resign their commands after they have held them so long as that they may not appear to be put from them, nor your commission to have been disregarded by us. And we recommend to you so to advise with our nephew about the persons to succeed them therein that both these places for the security thereof may be in the hands of more able soldiers, and that (if such persons be there to be found) these soldiers may likewise be persons of some fortune and interest in those parts for the better satis- faction of the gentry of that country. And so not doubting of your ready compliance herein, we bid you heartily farewell. Given at our camp before Gloucester the lOth day of August, 1G43. To our right trusty and right entirely beloved cousin and councillor, William Marquis of Hertford. 2. Notes of Sir A. A. Cooper's examination before the Committee of both Kingdoms on his coming over to the Parliament, March 6, 1644.* [From the Eoyalist Composition Papers in the State Paper Office, First series, 16, 561.] Sir Anthony Ashley Cooper hart, saith that he was Sheriff of Dorcester this year and late Governor of • Mr. Martyn, whose account mittee to receive and examine" Sir of Shaftesbury's relations with the A. A. Cooper. He went before the King's party is a tissue of errors, standing Committee of the two (See note at p. 45) says that Houses, called the Committee of " the Parliament appointed a Com- both Kingdoms. !(4 1044. LETTERS AND PAPERS Weymouth, but lie hath dulivorod up his commissions of governor and colonel the first week of January 1043.* He came into the Parliament quarters at Hurst Castle in Hampshire upon the 24th of February. He brought in a certificate under my general's hand certifying his coming into the Parliament quarters before the 1 st day of March. He saith he came there being fully satisfied that there was no intention of that side for the promoting or pre- serving of the Protestant religion and the liberties of the kingdom, and that he left £600 per annum well stocked there ; and is fully satisfied of the justness of the parlia- ment proceedings : £800 near Oxford under their power: £2000 per annum in the King's quarters in Wiltshire and Dorsetshire and Somersetshire. t * January 1644, according to the present mode of reckoning. t In the autobiographical account prefixed to the Diary, Shaftesbury says that he left " his estate in the King's quarters, £500 a-year full- stocked, two houses well furnished, to the mercy of the enemy." There is necessarily no discrepancy be- tween the two statements, certainly not more divergence than may serve to authenticate both accounts. The f 500 a year and two houses probably correspond to the £600 a year mentioned to the Committee : and all his estate would include the ^6800 near Oxford and the jf2000 a year. If this bo anything like an approximation to Shaftes- bury's whole rental, it was less than has been commonly stated. Mr. Martyn says that liis inhoritanrc was £8000 a year, but I am not aware of any autliority for this fi- gure but the trumpery Life called " Biwleigh Redivivus, "which is no authority at all. Eight thousand pounds in those days would be equivalent to more than twenty thousand at present. It may perhaps be doubted whether Shaftesbury was so wealthy. The entries in his Diary indicate anything but super- abundant wealth, and show him, what he was tlu-ough life, very care- ful about small sums and eapor to improve his income. He says in the Autobiography (p. 11,) that he lost £20,000 by the Court of M'lirds, which at the then rate of eight per cent would be a loss of £1600 a year. There is no other trace of his having properly now Ox- ford ; this was perhaps ready money ; and lie may have been at Oxford shorlly before his defection DURING THE CIVIL WAR. 1G44. 95 He saith he had not made known his intentions to any. That those that should oome in before the 1st of March, the parliament would give them their lives and liberties, but for their estates that was wholly to be dis- posed of to the nse of the public ; only if they took the Covenant and behaved themselves likely to deserve well of the parliament, they should be allowed forty or fifty pounds per annum, Mr. Kirby's letters certified so much. He saith above a month before he heard of the parlia- ment declarations he delivered up his commissions and was resolved to return to the parliament, being fully sa- tisfied of the injustice of that cause and of the justice of the parliament ; he was resolved to come into them without looking to any conditions whatsoever. He saith he hath seen the Covenant and desires to take the Covenant when this committee shall tender it unto him. A better testimonial of his purposes of coming in and intentions to leave them and that he is very cordial for the parliament, being able to do you good service and discovery of their designs and of their strength and wherein they might prepare against your enemy both upon Poole and Wareham by Mr. Hildeley one of the committee there. from the king, whicli might also Dorchester by Salisbury, when he be inferred from the words of Mr. left the King's party, and this is Trevor's letter quoted in the note probable, as he delivered himself at p. 49. He is described in " Baw- at Hurat. leigh Redivivus" as going from 90 1G44. LKTTKKH AND PAPERS 3. Commillee for the Parliament in Doisetshire to Sir A. A. Cooper, August 8, 1644 ; desiring him to command a brigade of horse and foot.* To Sir Anthony Ashley Cooper knight and bart. You are desired by the committee (as assistant to this present Parliament) to command as Field Marshal to the brigade of horse and foot now under the command of the high sheriff of the county. Signed by the Committee for the county of Dorset, 3rd August, 1644. 4. Sir A. A. Cooper s Commission to he Commander-in- chief of the Parliamentary forces in Dorsetshire, October 25, 1644, At the standing Committee at Poole the five and twentieth day of October, 1644. To Sir A. Ashley Cooper, knight and baronet. Whereas by virtue of the ordinance of the Lords and Com- mons in Parliament authority is given to the Committee of the county of Dorset to nominate commanders for the forces raised in this county, we do hereby constitute and appoint ycu, Sir A. A. Cooper, bart. oommander-in- chief of the brigade of horse and foot, appointed to march out of the garrisons of Wareham, Poole, and Weymouth, and all other forces of this county that shall bo added to them for this present expedition, and all colouels, lieu- tenant colonels, captains, and other oiBoors shall bo • This is from a copy wiUioul l.oid Shaftesbury's nosscssioii. signatures among thi^ impers in DURING THE CIVIL WAR. 1644. 97 obedient unto you and receive orders from you their commander-in-chief. Written under our hands the day and year above written, Jo. Bingham, Elias Bond, Ri. Row, Rl BURIE, Ri. Brodrippe, Tho. Erle, Tho. Crompton, Francis Chattem.. 5. Sir A. A. Goojper to the Committee for the Parlia- ment in Dorsetshire, giving a report of the storming of Albotslury, October, 1644*. Honourable, Yesterday we advanced with your brigade to Ab- botsbury as a place of great concern, and which by the whole council of war was held feasible. We came thither just at night, and sent them a summons by a trumpeter, to which they returned a slighting answer and hung out their bloody flag. Immediately we drew out a party of musketeers with which Major Bain tun in person stormed the church, into which they had put thirteen men, be- * This is from a draft in Shaftes- bury's handwriting among Lord Shaftesbury's papers. There is another detailed account of this action, in a letter from an officer who was engaged under Sir A. A. Cooper, but whose name is not given, in Vicars's Parliamentary Chronicle iv. 67. This officer praises Cooper's gallantry highly. " Our commander-in-chief, who, to his H perpetual renown, behaved most gallantly in this service, was forced to bring up his men within pistol - shot of the house and could hardly then get them to stay and stand the brunt." This account of the action entirely agrees with Shaftesbury's. Vicars greatly extols this service rendered by " that loyal patriot, Sir A. A. Cooper, commander-in-chief for the parliament," 98 1644. LETTERS AND PAPERS cause it flanked the house. This after a hot hickering we carried, nnd took all the men prisoners. After this we sent them a second summons under our hands that they might have fair quarter if they would accept it, otherwise they must expect none if they forced us to a storm. But they were so gallant that they would admit of no treaty, so that we prepared ourselves for to force it, and accordingly fell on. The business was extreme hot for above six hours, we were forced to burn down an outgate to a court before we could get to the house, and then our men rushed in through the fire and got into the hall porch where with furse fagots they set fire on it, and plied the windows so hard with small shot, that the enemy durst not appear in the low rooms ; in the mean- time one of our guns played on the other side of the house, and the gunners with fire balls and granadoes with scaling ladders endeavoured to fire the second story, but that not taking effect our soldiers were forced to wrench open the windows with iron bars and, pouring in fagots of furse fired, set the whole house in a flaming fire, so that it was not possible to be quenched, aud then they cried for quarter, but we having bet* divers men before it and considering how many garrisons of the same nature we were to deal with, I gave command there should be none given, but they should be kept into the house, that they and their garrison might fall together, which the soldiers with a great deal of nlncritv would have performed, but that Colonel and Major Sidenham, riding to the other side of the house, gave iheni quarter, upon which our men fell into the house to plunder and • So in tlio iiiRiiusoiipl aiiimrenlly. DURING THE CIVIL WAR. 1644. 99 could not be by any of their commanders drawn out, though they were told the enemy's magazine was near the fire, and if they stayed would prove their ruin, which accordingly fell out, for the powder taking fire blew up all that were in the house, and blew four score that were in the court a yard from the ground, but hurt only two of them. Mr. Darby was of the number, but not hurt. We had hurt and killed by the enemy not fifteen, but I fear four times that number will not satisfy for the last mischance. Captain Heathcock and Mr. Cooper (who did extreme bravely) were both slain by the blow of the powder. Captain Gorge, a very gallant young gentleman, is hurt in the head with a freestone from the church tower and shot through the ancle, but we hope will live. Lieutenant Kennett to Major Peutt, who be- haved himself very well, was blown up with the powder and slain, and Lieutenant Hill, who went a volunteer and was sent in to get out the soldiers, was blown up with the rest, yet since we have taken him strongly* out of the rubbish and hope to preserve him. The house is burnt down to the ground and could not be saved. We have prisoners Colonel James Strangways, Major Coles, and three captains, besides a hundred foot soldiers and thirty horse, all Strangways's whole regiment. Sir William Waller's officers all of them have behaved themselves extreme gallantly, and more than could be expected in their readiness and observance for your com- mands ; we cannot say to whom you owe most thanks, only Lieutenant Colonel Oxford we are extremely obliged to for his nobleness in joining in this expedition, though * So in the manuscript. 100 1644. LETTERS AND PAPERS without command, only on our entreaty. Captain Sturr and Captain Woodward behaved themselves extremely well. Our men are so worn out with duty und this mis- chance, that we are necessitated to retire to Dorchester to refresh them. If you have anything in particular to command us, we shall most readily obey you. Tomor- row we have a council of war of all the officers, and then we shall conclude of what may be of most advan- tage to your service, and by God's blessing will faithfully prosecute it. Colonel Sidenham has yet afforded us no ammunition, all his men are supplied from us hitherto besides. He makes not up his regiment either of horse or foot, he has withdrawn one more company this day. We have given him orders that all the prisoners that are officers should be sent to you. We humbly desire you will bo pleased to consent to no exchange for any of them until Haynesbe exchanged. A. A. Cooper. 6. Committee for the Parliament in Dorsetshire to Sir A. A. Cooper, 1644 (prohahly in November ;J (firing general instructions.* Noble Sir, We have received your letter and have considorcd the particulars. In that which concerns the altering your quarters we hold it most fit to be resolved on. bv tlie council of war upon the place, uocording as you have intelligence of the motions of the onouiv. Only we • Tho originallettor has no dale It was writton probnbly aflcr the boyond Poolo, eight at night, 1611. Inking of .\bbotsliui v. DURING THE CIVIL WAR. 1644. 101 shall intimate that before Shaston be resolved on it may be considered how safe a retreat may be made, if a body of the enemy's horse advances to Blandford. We ap- prove of the protection granted to Mr. Trygonwell so that it be only to defend him from the violence of the soldier. And we conceive it not inconvenient that a pass be given Mr. Thomas Trygonwell, so that it be expressed in the pass that it is to render himself to the Lord General. We are very sensible of the necessity of supplying the soldiers with some money, and have sent you twenty pound whereof we are fain to borrow ten. If we had more you may be assured those should not want that deserve so well and are so modest in their demands. You are now in a convenient quarter to raise money on malignants, therefore we desire you to make use of the opportunity to the best advantage, and you shall be con- fident of our approbation. We have nothing else at present but that we are Your very loving friends Tho. Erle, Elias Bond, Ri. Brodripp, Tho. Henley, Ei. BuRiE, Ri. Row. Poole, eight at night, 1644. 7. Memoranda for the Governor of Poole by Sir A. A. Cooper, probably written in November, 1644.* 1. That if they cannot immediately send us a supply of horse, that orders be forthwith sent for the with- * These memoranda are in Sir out any date, and witli the heading A. A. Cooper's handwriting with- " Memorandums for the governor 102 1(J44. LEllKUS AND I'APKKS drawing the Sussex foot, and that the rest be disposed into their several garrisons. The keeping them together in a body does devour that provision should be sent into the garrisons and destroys the county, besides these few horse we have (being not above a hundred) are wholly taken up with providing for them. 2 That if a considerable party of horse, suflBcient to relieve Taunton, cannot be sent us presently, we desire that some few may be spared, with which added to those we have already we shall be able to victual our garrisons and subsist in the county. However we shall be better able to subsist without than with the Sussex foot. 3. Under a thousand horse it will be now difficult to relieve Taunton, the enemy having received the addition of a hundred horse lately from the King's army under Colonel Cooke, so that with those horse that lie near Salisbury they are able to march fifteen hundred horse and dragoons. 4. The enemy being resolved to fortify round the skirts of Somerset as Sherborn, Sturten Candell, Shaft on, to make it a safe quarter for his retreat and to drive all the parts of the counties of Dorset and Wilts unto their quarters, being resolved both their horse and foot shall, if they be forced to retire, live on the skirts of these two counties, — qusere, whether it will not be necessary for us to garrison Hooke house,* and, if we cannot force them from Shafton or Sherborn, to garrison in some of Poole." Tlioy were probably Wincliostor, who was also owner wrilton in November, 1644, shortly of Hiising House in Hampshire, before the expedition for the relief which he so gallantly defended of Taunton. against Cronnvall. Hooke house * Hooke house, near Beaminslcr, was burnt down in 1647. (Hutch- the pnipcrty of the Martjuls of ins's Hist, of Dorset, i. 4!M.) DURING THE CIVIL WAR. 1644. 103 Other strong houses near those places hy which their in- cursions may he restrained. 5. The enemy heing possessed of Ivychurch and Langford houses from which they make perpetual inroads into the eastern part of our country, and hring the northern part of Wiltshire into contribution to them, — ■ qusere, whether we should not garrison ralstonhouse,t by which we are sure to cut them off from troubling this county, besides we shall gain the contribution of a con- siderable part of Wiltshire. 6. Quaere, whether it be not absolutely necessary to pluck down the town of Wareham, it being impossible for us to victual ; if Sir W. Waller ever draw away his foot, the town is left naked and exposed to the pleasure of the enemy, who will certainly possess it unless it can be made no town. And there can be no argument against the demolishing it, being extremely mean-built and the inhabitants almost all dreadful malignants, be- sides the keeping it will certainly starve more honest men than the destroying it will undo knaves. 7. A few foot in Lulworth with a troop of horse will keep Oorfe far better than Wareham. And the lesser number of foot we keep, the more horse and dragoons we shall be able to maintain, with which the business of this county must be done. 8. If they are unwilling to destroy the town of Wareham, it may be left for a horse quarter and they ■f- Ludlow mentions Falston 158). Falston, Ivychurch, and House as garrisoned for the Parlia- Langford Houses were all near ment in 1645, with one of his Salisbury. Langford is now called relatives. Major William Ludlow, Longford, and now the seat of as governor. (Memoirs i. pp. 148, the Earl of Radnor. 104 1044. i,i;TTi;its and PAi'iiRS have directions, when they are forced to quit it, to set it on fire. 9. That the horse of the county be all reduced into a regiment, and there may be two troops allowed the governors of Poole and Weymouth, Weymouth troop to be commanded by Major Sidenham, otherwise it will be impossible to keep them together or in any command. 10. That the Committee name whom they will have to be colonel of their horse, and that they will assign how many troops he will allow in the regiment and whose troops these shall be, and that they will send to my Lord General for a commission for the colonel. 11. That there be twenty musketeers in every troop and a full troop of dragoons at least in the regiment. 8. >SV/- A. A. Cooper to General the Earl of Essex * December 1U44, reporting the relief of Taunton. [From Sir Simonds d'Ewes' Diary in the British Museum, Harl. MSS. 166, p. 1696.t] May it please your Excellency, The last night we brought all our carriages safe to Taunton with our horse. We find the castle in no great • Robert Deyereux, third Earl out of the Civil War he was ap- of Essex, son of the famous and pointed General in ihief hy the unfortunate favourite of Elizabeth, Parliament. It is well known that was born in 1G91, and died Sep- hewasset aside in UiUi for l\iirf«s. tember 14, 1646. Ho had Iklu His Lil'o has lately been ably and an officer in the English army sent agrrealily wntien by a descendiuil. by James I. to the Palatinate, and Sto Captain Deveveux's Lives of on the first invasion of England by the Dcvoroux. Earls of INsix. the Scotch Covenanters in 1039, he f This htler was read in the was made Lieutenant-General nf House ol t'oiniuons on ilio JliU the army .sent against thuiu by Dicenibur and an urdiM made on Ctmrk'S 1. Al'triwanlsho sipaialed llu' same day ini n prompt rein- from t'luiilua l.,andonlhe luiMkiin,' foicinu-ni (t'omnioiia' Journals,) DURING THE CIVIL WAll. 1644. 105 ■want of victual, only of powder and salt. The town began to be in great distress, and it is almost a miracle to us that they should adventure to keep the town, their works being for the most part but pales and hedges, and no line about the town. The enemy endeavoured twice to force it, but were repulsed ; and since they have only kept them in by a quartering round about the town at a mile or two distance. Notwithstanding, the townsmen made daily sallies and got in store of victuals, without which it had been impossible for them to maintain such numbers of unnecessary people. The enemy on Friday last have quitted their garrisons in Wellington, Wyrwail, and Cokam houses ; the two last they have burnt, and as I saw him they have quitted Chidock house, whether it Whitelocke also records the receipt of the letter. (Memorials p 121, December 23.) Lord Campbell's ex- traordinary misrepresentation of the contents of this plain and modest letter has been shown in the Critical Examination of Ihe first Chapter oC his Life, p. xxxiv. See also Autobio- graphical Sketch p. 51, and note. It would appear from the no- tices in Ludlow and Vicars of this expedition for the relief of Taunton that General Holborn had the chief command. Sir A. A. Cooper commanded the Dorsetshire forces, and Ludlow those from Wiltshire. Vicars relates various expeditions of General Holborn against houses garrisoned by roya- lists in the surrounding country, and among them Chideock, Mr. A rundel's house near Bridport, and Sir John Pole's house, which might be either Shute or Colcombe, called Cokam in this letter of Cooper's. " We were most certainly informed by letters out of these parts, that Major-General Holborn marched with a party to the Lord Pawlett's house, where he took thirty horses many prisoners and divers arms, and made himself master of ihat garrison. From whence he marched to the house of one Mr. Arundel, a notorious Papist, at a place called Chadwick, where he beat the enemy out of that pernicious nest, and took some of them prisoners. After this also, hearing that divers of the ene- my's forces were got into Sir John Poole's house, he marched towards them, but the enemy hearing of his approach that way fled to Exeter. And the like did another party of the enemies at Mr. Crewe's house, set- ing it on fire they fled away." (Vicars's Pari. Chron. iv. p. 11.) I have to thank a correspondent of Notes and Queries (vol. ii. p. 26) for suggesting that Cokam House 106 1645. LETl'EUS AND PAPKRS bo out of fcur or to make a body able to encounter with us, we cannot yet understand ; but Sir Lewis Dives is running up with his horse to the Bridgewater forces argues the latter; however we are in a very good condi- tion, if they receive no assistance from the king's army, which we most fear; this country being of so great im- port to the enemy that it will be worth their engaging their whole army, which may prove a successful design to them, if we have not a considerable strength ready on all motions of the enemy to advance to our assistance. I shall only humbly offer this to your Excellency's con- sideration, to whose commands I shall always render myself faithful and obedient, as becometh your Excel- lency's most devoted most humble servani, Anthony Ashley Cooper. 9. Comitiillee for the Associated Western Counties (o Sir A. A. Cooper, May 17, 1645 ,• giving instruc- tions for blockade of Corfe Castle* At the Committee of Lords and Commons for the safety of the Associated Western Counties. Instructions for Sir Anthony A. Cooper, hart. You are desired forthwith to repair to the isle of Purbeck, and to draw together, as speedily as may be, out of the garri- sons of Poole, Wareham, Lulworth, and Wevmoulh. sudi numbers of foot and horse as are sufficient to block up Corfe Castle. And the governors of the several garrisons aforesaid are hereby desired to give you all the further- was Colcomlie. Can Wyrwail, which tlio power of llie Parliament till seems to be ihc word in the manu- Aiml IGIO. S .Vulobiographical script, bo Worlo in Somersetshire P Sketch p. U'l and iioti'. • Corfo Castio did not fall into DURING THE CIVIL WAK. 1645. 107 ance and assistance they are able in this design, which is of such great consequence to the county. You shall have power to dispose of such monies as we have given order to Mr. Henry Bridges to receive, in such manner as shall be conducible to the carrying on of this service. You shall have power to appoint such officers as you shall think fit to command these forces being drawn together. You shall have power, if either the commanders or soldiers are willing to render the castle on composition, that then you shall accept of it on such reasonable con- ditions for their person and estates as in your discretion shall be thought fit. Lastly, you are authorised to do and execute all things else that in your judgment you shall think necessary for the carrying on all this design ; and, for the better encouragement both of officers and soldiers herein, you are to let them know they shall each of them have a fortnight's pay for their reward. Anth. Nicoll, Denzil Holles. Denis Bond, Tho. Eele.* * A copy of the following order sent under the conduct of Mr. dated the same day as the ahove Henry Bridges to Wareham, shall instructions to Sir A. A. Cooper is receive and obey such orders and among the papers at St. Giles's, commands as shall be given them " At the Committee of the West ; by Sir A. A. Cooper, bart. [Signed] May 17, 1645. Ordered that the Sam. Prideaux, Anth. Nicoll, soldiers of Colonel Popham's and Denzil Holles, Tho. Erie." Colonel Cooke's regiments, now V. SUPPRESSED PASSAGES OF LUD- LOW'S MEMOIRS. 1653—1660.* [From a Manuscript among the Locke Papers at the Earl of Lovelaces.] When by the Instrument of Government whereby Cromwell was set up Protector he had issued out writs for choosing a parliament, General Ludlow in his manu- script history has these words p. 344, 1. 33 :t • Some sixteen years ago, -when examining by Lord Lovelace's kind permission the Locke papers pre- served at Ockham, I discovered the manuscript here printed, which had escaped the late Lord King's notice, and which indeed had no connexion witli his immediate object, a biography of Locke. I print the manuscript exactly as I found it. There is no explanation with it as to how Ludlow's manu- script came into Locke's hands. 1 have since made many endeavours to trace the manuscript of Ludlow's Memoirs, but have entirely failed lo obtidu any clue to its existence or history. If it is in e.xistcnci', it would probably bo found ihat moro has bi'on suppressed. Ludlow's Memoirs were fiist printed at Vovey in Switzerland, and pub- lished in 1098 and 1G',/'.I; Lmllow had died there in 1693. These pas- sages may have been copied from the manuscript by Locke either be- fore or after the publication. Locke died in 1704. There is no trace that I am aware of, of intercoarse between Locke and Ludlow. Ii is clear that every passage containing depreciatory mention of Shaftes- bury was purposely suppressed, when Ludlow's Memoirs were published. At that time the memory of Shiiftesbury Wiis dear to Whigs : and Ludlow had possi- bly himself lived to wish that these passages sliould not see Ihc light, t This ^l^ort introducliou and other similiir explanations are by Locke. This passngo is to bo in- serted al p. -I'.lS of vol. ii. of the Ihree-volunieVevev edition, 1G!>8.9, and at p. '21 1 of iho quarto edition of 1771. Ludlow's memoirs. 1653. 109 And though I was in Ireland and under a cloud, and that there was the like packing of the cards for the election in the county of Wilts as in other places, the cavaliers and the imposing clergy, the lawyers and court interest, all joining against that of the commonwealth and having preferred a list of ten men (the numher which was to he chosen hy that county) as those whom they would have to he chosen, they cite the parishes and every particular person therein to appear, who when they came upon the hill were headed hy Sir Anthony Ashley Cooper, a man of a healing and reconciling spirit of all interests that agree in the greatening of himself, being now one of Cromwell's Council.* The well wishers • In the note at p. 87 Shaftes- bury's public life has been traced up to Cromwell's ejection of the Rump of the Long Parliament in April 1653. Ambition and a per- suasion of public advantage pro- bably combined to move Cromwell to that act. After four years of not unsuccessful government, the Rump was divided within itself, and had made Itself obnoxious, for various reasons, to large portions of the Commonwealth party. These four years had also consolidated the power of the army and fixed the ascendency of Cromwell, its victorious general. The Rump had committed many errors, which Cromwell probably exaggerated, and had made many enemies, whom Cromwell probably encouraged and deluded. But a numerous execu- tive is especially unsuited to a time, when the ravages of revolution are to be repaired, and the discord of civil wars to be laid to rest, and a nation placed again in the way of peaceful progress after storms: and Cromwell might not unreason- ably persuade himself that his own clear head and strong hand could better provide for the interests of the Commonwealth than a distracted and damaged assembly, in which some able and upright men were swamped by a number of pedants, adventurers, and vision- ary fanatics. The immediate cause of the violent dissolution of the Rump was a bill for the election of future parliaments, providing a scheme of representation much more popular than that of the ancient constitution ; it was the same as that which Cromwell, who now opposed it, urging that for the election of a sovereign assembly it was a dangerous experiment in the distracted condition of the country, adopted, nine months later, in the Instrument of Government. Crom- well called on the Rump to name no \Ci.'>H. SUPPRESfiED PASSAGES to tlie public interest, according to the practice of thoir antagonists, prepared a list of such as they judged an early day for the termination of their own power, and to nominate a sovereign body of moderate number as their immediate suc- cessors. Both these demands were refused. The Rump had already fixed the 3rd of November, 1654, for the termination of their own power, and would not name an earlier day. They were impatient to pass tbeir bill ; and at last, on the 20th of April, 1653, as they were hurrying the bill through its last stage, in spite of an under- standing with Cromwell that on that day no p: ogress should be made with it, Cromwell brought a handful of soldiers into the House and violently broke up the as- sembly. He immediately ap- pointed a Council of State, con- sisting of thirteen members, in- cluding himself, to transact the current duties of executive govern- ment ; and then proceeded to nominate, in accordance with the advice which he had given the Rump, a body of temporary depo- sitaries of the sovereign power. Sir A. A. Cooper had not sat in the Long Parliament; he was at the time of the dissolution of the Rump a member of their commission for law-reform. He was named by Cromwell a mem ber of the assembly which he now convened, and which met on the Itli of July, 1653, to receive from his hands the sove- reign power of the nation. This is ilin assembly known by the name of the Rarebono's Tnr- liament, so nicknamed from one of its members, Praisegod Bare- bone, a notorious fanatic. It consisted of about a hundred and forty members, of whom a hundred and twenty three were nominated to represent the different counties of England, six were nominated for Wales, six for Ireland, and six for Scotland. Cooper was nomi- nated with nine other members for Wiltshire. A large proportion of the members of this assembly were religious enthusiasts. Anabaptists, Fifth Monarchy men, and followers of various other wild sects into which the Independents were sub- divided, and tradesmen and men of small means and humble position. Cromwell was compelled to consult those on whom his power chiefly depended. The ministers of the In- dependent congregations through- out the country were chiefly ad- vised with as to the persons to be nominated. (Thurloe's State Papers i. 39, Somers Tracts vi. 269.) On the other hand Crom- well's means of choice among the gentry were necessarily limited. It may be inferred from what followed that, if Cromwell had been free to pursue his own inclinations, ho would have appointed fewer fnua- tics and more country gentlemoti and lawyers. As it was, ii excited asionishnienl that he should Imve succeeded in obtaining the services of so many pentlcmcn ot birth and fortune, Comporo Whitelocke who expressos such astonishment (Memorials p, Uh\)) with Clarendon OF LUDLOW'S MKMOIRS. 1653. Ill faithful to the public cause, but the other party not contented with their policy make use of force, threaten- (Hist. of Rebellion vii. ] 2.) There is no doubt that Hume went too far in depreciating the composition of this assembly ; on the other hand some recent writers, as Mr. Godwin and Mr. Forster in his Life of Cromwell, have gone too far in the way of exalting it. Very few officers of the army were nomi- nated, and Cromwell abstained from nominating himself or any of his principal officers. One of the first proceedings of this body, after it was constituted, was to add Cromwell, Generals Lambert, Har- rison and Desborough, and Colonel Tomlinson, to their number ; and Cooper was appointed to go at the head of a deputation to Cromwell, " to desire him to affiDrd his pre- sence and assistance in the House as a member thereof." (Coram. Joum. July 5, 1653.) The as- sembly had met the day before, July 4. Cooper was an active and leading member. The Council of State which Cromwell had ap- pointed immediately after the sup- pression of the Rump, consisting of himself and thirteen other members, mostly officers, was now enlarged by this parliament, exclu- sively from its own members, to thirty ; and Cooper was one of the members added. Others appointed at the same time were Lord Lisle, Algernon Sydney's elder brother, and Edward Montagu and Charles Howard, who became in the reign of Charles II. respectively Earl of Sandwich and Earl of Carlisle. It soon became apparent that from this assembly a healing of divisions was not to be expected; and if Cromwell had given it the sovereign power in the hope that it might be- come the instrument of his own elevation, any such hope must soon have been abandoned. The as- sembly soon showed itself divided into two parties, very nearly equal in numbers, one composed of fana- tics and violent reformers, the other a moderate party, acting in accord with Cromwell. The Law and the Church were the two chief battle fields. A motion pressed by the violent party for the immediate abolition of the Court of Chancery was defeated only by the casting vote of the Speaker, Francis Rouse, the Provost of Eton. On other occasions the violent party suc- ceeded in obtaining small majori- ties. It was clear that Cromwell was not strong enough in the as- sembly to master its fanatical elements and keep it in the ways of prudence and conciliation. Crom- well resolved to put an end to this parliament. In the first days of its sitting, a Committee had been appointed to consider the question of tithes. The appointment of this Committee, carried by a majority of seven, had been a victory for the moderate party, who had thus parried a motion for the abolition of tithes. It was afterwards re- ferred to this Committee on tithes to propose a plan for rejecting un. worthy clergymen. The moderate party prevailed in the Committee, and on the 3rd of December they 112 1050. SUPPRKSSKD PASPAGF8 ing those who oppose them as such who designed dis- turhance in the state by promoting the election of such presented a report recommending the continuance of tithea, and the appointment of commissioners for the ejection of unworthy ministers and induction of good successors. The violent party, who wished to aholish tithes and rights of presen- tation, and leare the clergy entirely to the choice and control and con- tributions of their congregations, opposed the adoption of the report. A debate arose on the first para- graph, which lasted for five days, and which ended by a vote, carried by a majority of two, against agreeing with it. This vote, which was passed on Saturdav the lOlh of December, determined the exis- tence of the assembly. On Mon- day morning Cromwell's party mustered early, and one of them, Colonel Sydenham, moved that " the sitting of this parliament any longer as now constituted will not be for the good of the common- wealth, and that therefore it was requisite to deliver up unto the Lord General Cromwell the powers which they received from him." The motion was seconded by Sir Charles Wolselev. After some debate the Speaker, who was one of Cromwell's partisans, rose with- out putting the question, and fol- lowed by about forty members and preceded by the Serjeant bearing the mace, proceeded to Cromwell at Whitehall. A resignation of the powers (if tho assembly was then written out, signed by'thn momhers present, and given to Cromwell, Me neee]ileS'2 he was made Viscount Townshend. His son, the second Viscount, was Prime Mia- ster in Quoeu Anne's reign, the brother-in law of t^ir Robert Wnl- pole. Auolln'r more celebrAied descendant wiv* the witty and eloquent Charles To-wii.sliond, a younger son of tlie thiid Viscouul, whose fame is embalmed in a well- known speocli of Burke. * At iho bottom ol p. 657 of vol. ii. nl' Vc'vov edition and al p. 278 of quarto edition of 1771, OF LUDLOW's MEMOIRS. 1669. 121 give intelligence to him of all that passed. That we might remove this rub, endeavours were used with them both to manifest their affections to the public, for removing of jealousies between the parliament and the army, by desiring the House to excuse them from that employment, or at least to forbear coming to the Council. Sir H. Townsend very ingenuously chose to do the latter, pre- tending occasions of his own which drew him into the country. But Sir Anthony having it in design to be a boutefeu between the parliament and the army as his after carriage will make appear, makes use of this occasion and comes into the Council with much confi- dence and moves with much importunity to have the oath administered to him, professing himself ready to take the same, yet having a secret resolve to break it at the same time (as there was ground to suspect,) but the Council not having any power to refuse it him permitted him to take it. And being thus ensnared, as the best remedy to prevent inconveniences, they appoint a Committee of examination and secrecy, whom they entrusted with great powers, to wit. Lieutenant General Fleetwood, Sir Henry Vane, Major General Lambert, Major Salloway, Mr. Scot, Ser- jeant Bradshaw, and myself: yet so hot and confident was Sir Anthony grown that to pursue his mischievous design, he solicits the parliament that they would admit him to sit upon an election of seventeen or eighteen years' standing, which never was adjudged, and we could find no better way to put him off (so far had he insinu- ated into the members) than to refer the consideration thereof to the committee of five formerly appointed by the parliament for the receiving of satisfaction touching those members who had not sat from 1648, who alleging l-2-^ KiSO. SUI'l'RESSED I'AWSAGIiS their powers were at an eud, it was referred to them to search their books, and state matter of fact in relation thereto.* • The case of Sir A. A. Cooper's eleclion for Downton was referred to the Committee named by Ludlow on May 10, the day after the res- toration of the parliament, and three days before Cooper's election to be a member of the Counoil of Slate. Cooper was not admitted to sii iu the House, and again there is no explanation of the reason why. Ludlow is not always accu- rate, and I think it is doubtful whether Cooper took, as he says, any oath to oppose Cha,rles Stuart, or any other single person. I have been unable to find in the Com- mons' Journals or elsewhere the words of ihe oath prescribed for the members of the Council, (b'leetwood did not take it, though Ludlow says he did. It is entered in the Commons' Journals, May 23, 1659, " Resolved, that Lieut. General Fleetwood and Colonel Sydenham be admitted to sit and act as members of the Council of Stale, upou their promise and de- claration to do and perform ihe things contained in the oath ap- pointed to be taken by every member of the Council, as well as if they had taken the said oath, and that it be referred to the Council Lo dispense in like manner with any olher member thereof that shall in point ol' consciein'o scruple al the Inniiality of Uio oath, as there shall be occaKion." How- ever, if Cooper took sucli an oalh aj Ludlow describes, ur whalevcr was the oath imposed, it is pretty clear that he acted faithfully as a member of Ihe Council so long as it lasted. There is no doubt that Cooper was distrusted at the com- mencement by several of his col- leagues in the Council; and this is probably the reason why the case of his election for Downton was not adjudged in his favour. Whitelocke states, under date May 18, that Scot in the Council ac- cused Cooper and himself of bein^ in correspondence with the King. Whitelocke says that Scot got his information from " a beggarly Irish friar ;'' he denies the charge as against himself, but implies that it was just as to Cooper. " Sir A. A. Cooper made the highest professions that could be of his innocence, and the highest impre- cations of God's judgments upon him and his posterity, if ever he had any correspondence with Ihe King, or with Sir Edward Hyde, or any of the King's ministers or friends, and his expressions were so high that they bred in some the more suspicion of him ; but at ihis time he was believed, and w hat followed afterwards is known." The passages quoted in llio next note trom the royalisi corro^pond- eneo in ihc Clarendon Siaie I'npers are jiieily ooneUisvve proof that Coopei had no colre^polldonco with the King or any of his mini;>- ters Ol agents ; and I have no doubt that lliu following soluuiu OF LUDLOW's MEMOIRS. 1659. 123 P. 571 1. 9.* The parliameat sent a committee to the Tower to examine Sir George Booth touching the plot wherein he had been engaged, both as to the authority which be pretended to act by, and as to those who were engaged to join with him therein ; he confessed he had received a commission from the King and that many of the nobility and gentry were engaged with him for the carrying on of the design ; some he discovered, but took time to discover the rest ; and upon examination of a statement made by Sliaftesfeury in his letter written to King Charles II. from the Tower in 1677 was true ; " I had the honour to have a prin- cipal hand in your restoration; neither did I act in it but on a principle of piety and honour. I never betrayed, as your Majesty knows, the party or councils I was of. I kept.no correspondence with, I made no secret addresses to, your Majesty ; neither did I en- deavour to obtain any private terms or articles for myself or re- ward for what I had done or should do." (Locke's works, ix. 282.) Mr. Martyn, who says that he follows Stringer, states most en-oneously that Cooper never sat in this Council. Martyn refers also in support of his statement to a tract called " England's Confu- sion," printed in the Somers Tracts ( vol. vi. p. 521, ) by which he says it appears that neither Sir A. A. Cooper nor Sir H . Townshend ever sat or acted in the Council. But the tract does not say so ; it describes all the members of I he Council abusively, except Cooper and Townshend, saying of the latter that he was " a gentleman of too good estate to be hazarded with such a crew," and of Cooper that he was " a gen- tleman too wise and honest to sit in such company." Townshend probably never sat in the Coimcil. Cooper did. The minutes of this Council preserved in the State Paper Office begin only on the 11th of August. Then Cooper was absent from the Council, in Dorsetshire, and afterwards he was charged with having abetted Sir George Booth's rising. But after he was acquitted of this accusation he attended the Council constantly till the revolution made by Lambert and Fleetwood in October ; and I have no doubt that Cooper had frequently sat in the Council be- tween May and August. * Vol. ii. p. 696 of Vevey edition and p, 294 of quarto edition of 1771. The whole of this passage, except the last sentence referring to Shaftesbury, is printed in Lud- low's Memoirs in somewhat dif- ferent words. 124 1659. SUPPUESSED PASSAGBS boy which brought, as was supposed, a letter from Sir George Booth before his rising to Sir A. A. Cooper, it was found that lie dismissed the boy with much civility, in token of consenting to what was done.* * See the extracts from tlie Council book relative to the charge against Sir A. A. Cooper of having abetted Sir George Booth's insurrection, printed at p. 133. It will be seen that he was acquitted after much consideration by a numerous Com- mittee of the Council, which no one can say was packed in his favour ; and the following series of extracts from the correspondence carried on in 1659 between Hyde and the royalist agents confirms the Council's acquittal. Imme- diately after Richard Cromwell's fall and the return of the Rump, the royalist agents became very active, and appear to have had hopes of Cooper. One of them, Brodrick, writes to Sir E. Hyde, May 23, " Sir George Booth, who undertook part of Lancashire and Cheshire, is not yet gone, nor Sir A A. Cooper, who engaged for three or four hundred horse in Dorsetshire." (Clarendon State Papers, iii. 478.) Now tliis Brod- rick is described by Lord Mordaunt, the King's best agent, in a letter written June 7, as a very indis- creet and dangerous person and given to drink. {Id. p. 483.) It is probable that Brodrick's slale- ment about Cooper is an exagge- ration of his own hopes. Mor- daunt, however, had also had hopes of Coi)|inv, which were dis- appointed J and the King was fruit- lessly trying to gain him. Hyde writes to Mordaunt, June 13, "I would to know whether you have the same good opinion still of Sir A. A. Cooper, and whelher he re- ceived the King's letter." (Id. p. 488.) Mordaunt replies, June 16 ; " Sir A. A. Cooper is rotten and sits, he never knew he had a letter, being shy when taxed by Sir George Booth." (Id. p. 490.) Now at that time all who had engaged for the general rising were preparing. Hyde thus rejoins, July 3; " I am sorry Sir A. A. Cooper hath so much disappointed your expecta- tions, which no doubt is not for the reason he gives, for he is too wise to think it possible that the King would write to any subject to assist him, whose estate he had given away as forfeited, nor doth he believe himself a delinquent of that magnitude." (Id. p. 512.) It is clear from these passages that Cooper did not join in the designs of the King's friends ; but th.it hopes should have been conceived of him by the royalists, and su-pi- cions by the republicans, at ihis period of constant change and uncertainty, is not surprising. It would have been dilUcull and very dangerous for him, as a member of the Council of tilale, lo enter into Sir George Bootli's sehenio. There are hiler refeienees lo Ceoper in the Clarondou Smlo I'apors sliow- ing that i\en lo Ihe last, and wlien Cooper was witliout doubt us.sistjng OF LUDLOW'S MEMOIRS. 1659. 125 When the Wallingford house party had put a stop to the sitting of the parliament, and Monk marching from Scotland liad declared against, pretending to be for the parliament and commonwealth, but underhand carrying on his design of setting up King Charles, p. 621, 1. 19, it is thus :* Sir Anthony Ashley Cooper, also a great instrument in this horrid treacherj', as he was most active amongst those of the Parliament who were consulting for their restitution, so notwithstanding the affronts he had for- merly put upon me, the Lord Arundel being pressed by the trustees and contractors at Drury House for the paying in of thousands of pounds which he was in arrears for some lands which they had sold of his to some of his friends, and which Cromwell had discharged him of, they not allowing that to be a sufficient discharge threaten him to sell the land again according to a oom- to restore Charles II., he was act- vours this same way earnestly, but ing independently of the royalists. I do not perceive any desire in Thus Lord Willoughby -writes to him to be mentioned in this kind Hyde in February, 1660, "Sir by Hancock." (Zd. p. 681.) I think William [Waller] and Sir Anthony it likely that in the confusion and are his Majesty's fast friends, but uncertainty of the first weeks after whether the Presbyterians will not the fall of Richard Cromwell's be high in them, as to the proposals parliament Cooper was atldres.-iod when they come to be made, is the by, and gave hopes to, the Presby- only doubt." (Clarendon State terians who were now ready to Papers, iii. 689, Feb. 24, 1660.) take part for the King : but I And on the 26th of the same month think it also certain that, after be- Brodrick writes to Hyde, under coming a member of the Council the assumed name of Hancock, of State, he kept clear of plots in- suggesting that power should be compatible with his position, given to Charles Howatd uni * This passage should be in- Kobert Howard to make pro- serted probably at p. 765 of vol. ii. mises to Monk and his party for of the Vevey edition and at p. 323 the event of the Restoration, and of the quarto edition of 1771. adds, " Sir A. A. Cooper endea- 12(J 1G59. SUPPltESSI'.D PASSAGES maud thoy had received from the parliament to that purpose, if he forthwith paid not the said arrears. It being apprehended that my letter to them might be of service to him therein, he the same Sir Anthony, coming to me with him to desire me to write on his behalf, pro- fessed to be very affectionate to the interest of the commonwealth, which he did so to the life that I was much pleased therewith, having always believed him to be otherwise inclined. But notwithstanding his fair words, I was not so confident of him as to repose any great trust iu him, he having played fast and loose so often, declaring sometimes for the King, then for the Parliament, then for Cromwell, afterwards against him, and now for the Commonwealth.* When Monk drew nigh to London, and was always declaring highly for the parliament and commonwealth, whereas he modelled his army for another design, p. 690, 1. 11 it is thus :t It was wonderful to consider how with fair words those who used to be watchful to discover what was for their interest were lulled asleep; Chief Justice St. John himself, who even in this session prepared and procured the Parliament to pass a declaration against monarchy and • Another military revolution who also declared for the Rump headed by Lambert and Fleetwood andagainsttheCommittoeofSafeiy, had again broken the Rump par- and ultimately succeeded in restor- liament on the ]3th of October, ing the Riiinp, December 'i'l, 1659. Sir A. A. Cooper was one of the See notes later on Nos. 4, 5, and 6 of members of the Council of State Letters and Papera during the who remained faithful to their Protectorate and to the Reslora- trust, protested against tlio now lion. usurpers, laboured (o overthrow f \'ol. ii. p. 8(^0 of the Vevev the Comniitteo of Safety now eon- eilllion and p. 342 of tJie quarto Blituled, rorrnspnudcd with Monk edition of 1771. 01' Ludlow's memoirs. 1659. 127 for a commonwealth, ami Reynolds who had hought public lands as well as the other, in crushing the friends of the Commonwealth and preferring those of a contrary principle (if of any,) acting as if they had designed nothing less than what they pretended to and what their interest led them to, scarce one of ten of the old officers of the army are continued. Sir Anthony Ashley Cooper, a known bitter enemy to the public and to all good men, on a disputable election of eighteen years' standing, against all reason and common justice, is admitted to sit as a member of parliament because he had joined with some of them in opposing the army at this time, which Charles Stewart himself would have done, might he have been admitted into the confederacy. They bestow also a regiment of horse upon him, which by his policy he modelleth with officers for his turn, and by his smooth tongue and insinuating carriage bears a great sway in parliament.* * No one had done more than returned on the 28th. In the Cooper in overthrowing the Com- mean time Sir A. A. Cooper and mittee of Safety and restoring the his colleagues had taken prompt Rump, December 26, 1659. The and skilful measures for dispers- iirst act of the parliament on its ing the forces collected under restoration was to appoint Sir A. Lambert in the North. The care A. Cooper, Alexander Popham, of the government of the Tower Colonel Thompson, Scot, Colonel was also entrusted, December 26, Okey, Colonel Alured, and Colo- to Sir A. A. Cooper, Weaver, Scot, nel Markham, commissioners to and Berners. (Comm. Journ.) take temporary command of the Colonel Morley was appointed forces, until Haslerig, Morley, and Lieutenant of the Tower, on the Walton, three of the seven com- 7th of January. A Council of missioner^ for the command of the State consisting of thirty one army who had been appointed on members, twenty one members the 12th of October, just before of the parliament, and ten not be- the suppression of the Rump by longing to it, was appointed on the Lambert and Fleetwood, returned 2nd of January, to continue till to London from Portsmouth, the 1st of April. Cooper was Haslerig, Morley, and Walton elected by the largest number of 1:28 1659. surpRESfiKD passages When Mnnk was oome to London, p. 705, I. 35,* it is thus : voles of the ten not belonging to the parliament. A few days after, the case of Cooper's old election for Downlon was referred with Lord Fairfax's case to a Com- mittee, which reported on the 7 th January that he had been duly elected. This report was imme- diately adopted by the House, and Sir Anthony at once took his seat for Downton. Shortly after, he was appointed colonel of the regi- ment of horse which had been Fleetwi od's. (Journals, Jan. 2, 5, 7, 18.) Though Ludlow con- siders Cooper as now acting with the royalists, this parly was not in his sc'crrts. Brodrick thus writes to Hyde about him and Popham, Deo. 30, " Alexander Popham was in recompense chosen one of the seven generals to lake care of the army in the absence of Haslerig, Walton, and Morley, expected two days after, so that his dignily lasted double the timeof Bibulus's Consulship, and to us appeared twice as ridiculous. Sir A. A. Cooper seems very eager in esta- blishing these people, but the friends of both these great men find plausible excuses for every action of theirs." (Clarendon Papers iii. 637.) Lord Mordaunt in a letter of the 14th of January gives a very interesting sketch of the slate of things in this parlia- ment and Cooper's position. " The present complexion of the parlia- ment is very pale. Sir Arthur Haslorig, undermined by Cooper, Morley, and Weaver, and from a lllincliiiftnut is rcduccil to a pitiful rogue Cooper yet hath his tongue well hung, and works at will, and employs his rhetoric to cashier all officers civil as well as military that sided with Flfit- wood and Lambert ; and Morley rebnkes all the sectaries. Thus these two garble the army and stale The parties in the House are diametrically opposite ; the three and twenty with Cooper, wlio acts Cicero, and some six- teen with Neville who represents Anthony." {Id. 650.) The Kepub- licnns and Presbyterians who had combined again.-t the Committee of Safety to restore the Rump were now pursuing different objects ; the latter under Cooper were en- deavouring to persuade Monk to restore the secluded Presbyterians. It will be seen by the citations in the note later on No. 8 of Letters and Papers during the Protectorate and to the Restoration, that the object of Cooper and his Presby- terian friends was now to restore the King on conditions. This object was not disclosed to the Royalists, who desired an unconditional re- storation, and looked on Cooper's proceedings distrustfully. As gen- erally bcfals tliose who endeavour to steer an independent course be- tween opposing parties. Cooper and his friends were now distrusted both by Republicans ajid Royalists, and accused by each of favouring their adversaries. * At p. S'22 of vol. ii. of the Ycvey edition and p. 347 of the quarto edition of 177 1 . 01? LDDLOW S MEMOIRS. 1659. 129 In the meantime the secluded members held their cabals with the city of London for the carrying on of these designs, and some of those members who sat, especially Sir Anthony Ashley Cooper and* Colonel Feilder, had correspondency with them.* * Monk had entered London on the 3rd of February. The secluded Presbyterian members were re- stored on the 21st ; and Sir A. A. Cooper, now colonel of a regiment of horse, commanded the guard appointed to escort thera into the House. (Coke's Detection, ii. 95.) This had been Cooper's object since the last restoration of the Rump : and in obtaining this triumph over his former repub- lican coadjutors, Haslerig, Scot, Nevil and others, he and his follovrers in the Rump finally separated from them. Mr. Martyn tells a story that Haslerig and Scot had been the day before with Monk and, leaving him with the conyiction that he was in their interest, had been overheard to say that they would secure Sir A. A. Cooper before the next noon, and that Cooper, receiving information of this, took measures immediately in concert with Monk's wife-and her brother Clarges to procure a promise from Monk to restore the secluded members the next day. Monk, it is said, gave Cooper and Clarges a commission to summon the secluded members the next day to Whitehall to be conducted to the parliament, and when Haslerig came to Monk the next day, and found so many of the secluded members, " with great resentment in his countenance he said to Sir Anthony, ' This is your doing, but it shall cost blood.' Sir Anthony replied, ' Your own, if you please ; but Sir Anthony Ashley Cooper will not be secured this morning.' " (Life i. 230.) This comes from what is perhaps the best portion of Mr. Martyn 's Life, much of which has come from Shaftesbury, himself, but which still is not free from errors and obvious exaggerations. That Sir A. A. Cooper was one of those most consulted by Monk at this time, and that he laboured zea- lously to persuade Monk to re- store the secluded members, are facts beyond all doubt. Inde- pendent testimonies to these facts are found in Bishop Kennet's Register, pp. 59, 61, 62, Sir R. Baker's Chronicle ed. 1684, p. 687, and Gumble's Life of Monk, p 261. Sharp, agent for the Kirk of Scotland, writing to his brethren in Edinburgh, says he had imme- diate access to the General who recommended him to Sir A. A. Cooper and Mr. Weaver, two parliament-men, February 14. (Kennet, p. 59.) VL LETTERS AND PAPERS DURING THE PROTECTORATE AND TO THE RESTORATION. 1657—1660. Sir A. A. Cooper to Henry Cromwell, September 10, 1657, asking a favour for his hrother-in-law, Viscount Moore.* [Reprinted from Thurloe's State Papers, iv. 506.] My Lord and Father, I hear from my brother Moore that your Lordship blames me for not answering a letter of yours about • This very curious letter, which I have unearthed from the bulky Thurloe collection of papers, shows the greatest intimacy with Henry Cromwell, notwithstanding Cooper's present political estrange- ment from the father. This had gone so far that, on the meeting of Cromwell's second parliament in September 1656, Cooper was one of the members to whom the Council refused a certificate of approval, and he had been in con- sequence excluded. Shaftesbury appears to have had the faculty of retaining old friendships in his political changes, and of living on friendly terms with political oppo- nents. It may be inferred from this letter that Cooper had been intimate in Cromwell's family ; and some may think that it gives support to the story of his having been in love with Mary Cromwell. " My brother Moore," is Henry, third Viscount Moore created Earl of Drogheda after the Resto- ration, who was Sir A. .\. Cuopcr's brother-in law tlirough his last marriage, having married Alice, tilth daughlcr of Lord Siu'ucer of Wurmlcighton. li is strange that this Idler should have Oicaped Mr. M:irlyn, who appears to have searohinl the Thurloe papers, and wlui makes the foUowini; state- LETTERS OF THE PROTECTORATE. 1G57. 131 some business. I really profess I received none such, or else you mought* have been assured of an answer ; for there is no person in the world more desires to retain your Lordship's affection and good opinion. You have many love his Highness's son, but I love Henry Crom- well, were he naked, without all those glorious additions and titles, which, however, I pray may continue and be increased on you. My Lord, I must yet this ouce trouble you in the be- half of my Lord Moore, for whom you have already done so great favours. He has now prepared his business fit for your last act of perfecting your goodness to him, his Highness having referred it wholly to your Lordship and the Council there. 'Tis not possible he should buy any way but in land until his act pass, and he have time for sale ; besides the land he offers lies so about Dublin, that it cannot but be convenient for the state. If it be as they inform, I wish it in your Lord- ship's possession on any pretence, and there will be enough ofBcious to get it confirmed yours ; but that is only a fancy of my own on the sudden. My request for myself is that you love me, and ever believe there is no manner of expression enough to tell yon, how really cordial and unchangeably I am, my Lord, your Excel- lency's most devoted humble servant and dutiful son, Ant. Ashley Cooper. ment, " Through the whole collec- have not been able to find the two tion of Secretary Thurloe's papers letters here spoken of I have no there is no mention made of Sir doubt that the suspicions were Anthony but in two letters, erroneous. Henry Cromwell was at wherein he is suspected among this time Lord Deputy in Ireland, others to be well affected to the * This time I have retained the King, and to have remitted money word mought, which is always used to him." (Life i. 164, note.) I by Shaftesbury for miyA^. ]'!'-i 1()51). LETTliRS AND PAPF-ES 2. General Monk to Slir A. A. Cooper, June ^, 1659; soliciting hin injluence, as memher of the Council of State, to prevent a change among Monk's officers* [Printed in Martyn's Life.] Honourable Sir, It is some trouble to me that, the first time I should have occasion to write to you, it must be to request a favour at your hands. But I hope you will please to pardon this my incivility and boldness, and place me in the list of your friends ; for I can assure you I shall be as ready to serve you as any friend you have. Un- derstanding that there is a committee appointed by Par- liament for the presenting of officers to be continued in the several regiments in England, Scotland, and Ire- land, and knowing the officers here were, upon the first motion, most desirous that the Long Parliament might be recalled to return to their former station, I make it • This letter was written to Sir support. Mr. Martyn ascribes A. A. Cooper as a member of the Monk's success on this cccasion Council of Slate elected by the to Cooper's exertions with his Bump immedialely after its re- friends in the parliament, which storation in May, 1659. See note is absurd, for at this time Cooper at p. 118. Similar letters were was not in the parliament and was written by Monk to other mem- regarded with suspicion by many bers of the Council and to the of the Council. He goes on to Speaker, who read to the House say, still more absurdly, that his letter. (Comm. Journ. June Cooper's exertions in Monk's 9.) Sir A. Haselrig was commis- favour caused jealousy, and led sioned to prepare an answer, to his being accused by Scoi in the which may bo read in the Jour- Council of holding correspondence nals, June 10. The answer was with the King and Hyde. (Life rather curt, but, though compli- i. '2(11). Soot's accusation was ance was not promised. Monk's prior to iho dale of Monk's letter, desire was in fact complied wilh, and could have nothing lo do with the Parliament and the Council Monk. See uoto at p. I'i'i. attaching groat imporlanco to hie OF THE RESTORATION. 1659. 133 my request to you, that you will be assisting that there may be no alteration amongst the officers belonging to the forces here ; for I shall desire you to find credit here- in, that you may be confident that there is not any you can employ will be more ready to serve the Common- wealth than they. But in case my request for the whole cannot be granted, I shall entreat that the officers of my own regiment of horse and foot, and Colonel Talbot's regiment (a list whereof I have sent inclosed) may be continued : they have usually quartered nearest me, and so are best known to me. I shall also desire you will acquaint as many members of the house as you shall think fit to engage in this business, by doing which you will very much oblige. Your humble servant, George Monk. Dalkeith, 4th June, 1659. For the Hon. Sir Anthony Ashley Cooper, One of the Council of State, at Whitehall. 3. Extracts from the Privy Council Book, August and September 1659, relative to Sir A. A. Cooper's ar- rest on suspicion of complicity in Sir George Booth's insurrection.* [From the State Paper Office.] • See note on one of the sup- Council was made to the Parlia- pressed passages of Ludlow's Me- mentonSeptember 12, and adopted moirs at p. 124. Nicholas is the without a division on September boy meniioned by Ludlow who 14. M. Guizot will probably ad- took a letter from Sir George mit that he has been misled in Booth to Cooper, and is described stating that Cooper, though ac- in the Commons' Journals, Sept. quitted, was justly accused ; 14, 1659, as of West Gowie, Gla- " Accuse a bon droit de com- morganshire. The report of the plicit^ daus 1' insurrection, Sir I'-U 1G59. LliTTKRS AND PAPERS Thuksday, August 25, 1659. PRESENT. Sir A. Hesilrige, President, Lord Fleetwood, Lord Warriston, Sir Henry Vane, Mr. Neville, Colonel Thompson, Mr. Berners, Colonel Dixwell, Lord Whitelock, Lord Bradshaw, Mr. Chaloner, Major Salwey, Sir James Harrington, Colonel Morley, Mr. Scot, Colonel Downes. That a letter be written to Major James Dewey, letting him know that the Council have received his letter of the 21st instant with the enclosed cop.y of the examina- tion of John Nicholas, and that they do approve of his proceedings whereof he gives an account therein, as also that, the parliament having referred the whole business to the Council's examination, that therefore he give Sir A. A. Cooper his liberty, whom the Council have written unto to repair immediately unto them, and that he send up the witnesses in safe custody. That a letter be written to Sir A. A. Cooper, letting him know that, the parliament having referred to the examination of the council the matters relating to him contained in the examination of John Nicholas and the letter of Major Dewey, that in pursuance thereof the council do desire that he will forthwith make his repair hither. Antoino Cooper, sur le rapport de el Rttablisscmcnl des Stuart i. Nnvil, fut d^clarS innocent," 211.) (I'rotectorat do Hiclmrd Cromwell of the restoration. 1659. 135 Saturday, August 27, 1659. PRESENT. . Sir A. Hesilrige, President, Lord Bradshaw, Lord Whitelock, Sir Henry Vane, Colonel Morley, Major Salwey, Mr. Soot, Colonel Thompson, Sir James Harrington, Colonel Dixwell. Colonel Walton, That the information sent up to the Council by Major Dewey concerning Sir A. A, Cooper be referred to the Lord Whitelock, Lord Bradshaw, Sir Henry Vane, Colonel Walton, Colonel Morley, Major Salwey, or any two of them to call for papers and persons before them, examine the truth of the information, and make report to the Council. Tuesday, August 30, 1659. PRESENT. Sir A. Hesilrige, President, Lord Bradshaw, Lord Fleetwood, Lord Warriston, Lord Whitelock, Mr, Scot, Sir Henry Vane, Mr. Berners. Colonel Morley, That a letter be written to Mr. Whiteway and Mr. Butler, two of the justices of the peace, or one of them, to send up to the Council the original of the examination of the witnesses touching Sir A. A. Cooper, under their own hands, there being only copies of them returned. !•><> 1(159. LKni'Aiti AND PAl'liKS Saturday, Skpiembek 10, 1659. PRESENT. Sir Henry Vane, President, Mr. Neville, Mr. Chaloner, Sir James Harrington, Major General Disbrow, Colonel Downes, Sir Arthur Hesilrige, Mr. Reynolds, Lord Warriston, Colonel Berry. That the Lord Warriston and Mr Neville, General Disbrow, Sir James Harrington, Colonel Downes, Mr. Eeynolds, Mr. Chaloner, Sir A. Hesilrige, Mr. Berners, and Colonel Berry be added to the Committee to whom the business touching Sir A. A. Cooper is referred. Monday, September 12, 1659. PRESENT. Sir Henry Vaue, President. Sir Arthur Hesilrige. Colonel Thompson, Mr. Berners, Lord Warriston, Mr. Neville, Colonel Walton, Colonel Sydenham, Mr. Scot, Colonel Dixwell, Lord Bradshaw, Major General Disbrow, Lord Fleetih'i-, Siol, OF THE RESTORATION. 1659. 149 prise the Tower; to save you further trouble, we do hereby freely own our utmost and hearty endeavours to have put that place into more faithful and confiding hands, and that by authority from the Council of State, who at the passing of that resolve had the sole legal power from the parliament of ordering, directing, and disposing of all the garrisons and forces of this Common- wealth, both by sea and land ; an action so honest and honourable as would not only have given check to the exorbitances at Wallingford house and Whitehall, but was almost necessary to the preserving the peace and safety of this great city, by giving advantage to them to put themselves into a regular posture of defence, and such an encouragement to the sober party among them as would through God's mercy have utterly defeated the designs of the common enemy. Sir, let us tell you this design was not so vain but that we had by the blessing of God possessed that place some weeks since, had we not been frustrated by our mistake in the courage and fidelity of a person, whose opportunity interest, and duty, if not principles, gave us better hopes.* But in this age we are to complain and wonder Berners, and Weaver were en- text refers nf course to a previous trusted with tha temporary com- unsuccessful attempt, mand of the Tower. Whiteloclce, * Compare Ludlow's Memoirs under date December 24, records ; ii. 7G3. " The Parliament parly " The Speaker with Cooper, Key- was not wanting to promote their nolds. Weaver, and Berners went interest, and to that end formed a to the Lord Mayor and discoursed design to gel the Tower into their with him and the Sheriffs, touch- hands. Colonel Fitz, who was ing the Parliament's meeting again then Lieutenant of the place, had speedily, and found them to like consented that Colonel Okey with well of it; from him they went to three hundred men should lie dis- the Tower andseouredlhat."_(Me- peri>ed about the town, prepared murials, p. 691.) Thelellerin the for the enterprise, promising that ir.n l(i,")!l. LETTERS AND PAIKHK atnotliing; yet we cannot but highly resent the confi- dence of sending for one of our number by a party of soldiers,* aa if red coats and muskets were a non-ohstanie on a certain day he would cause the gates to be opened early in the morning, to let him pass in his coach ; which opportunity Colonel Okey wiih his men taking, might easily sieze the guards and possess himself of the place ; and their attempt might have succeeded, had it not, by I know not what accident, been discovered to the I^ord Mayor, who informed the army of it the niyht before it was to be put in execution. Whereupon Colonel Desborow with some forces \vas !>eut thither, who changed the guards, siu/cd the Lieulenunt of the Tower, and left Colonel Miller to command there till furllier order." • The person here rL'ferroil to is doubtless Cooper himself. A story is told in Martyn's Life and at greater lengtb in the Locke Me- moir of an altempt to arrest him by order of the Commitlee of Safety. The last words of the Fragment of the account of the conference with Monk's Commissioners are ob- liouslyan introduction to such a story. It is stated that Fleetwood sent for Cooper and, after some conversation, let him go freo on his word of honour that he would nut leave London. It was sup- posed, that his interest lying in the West, he would repair thither, wlierras it had been arranged with his coadjutors that ho should take coinuiand in London. It is then said that Lambert, eomiiig in and finding that Cooper had not been secured, was much annoyed, and that orders were then given for his arrest, which he cleverly eluded. It somewhat discredits this story that Lambert was at the time not in London, but at Newcasle, watching Mtrnk. The conclusion of the story is thiis given in the Locke Memoir; "Sir A. A. coming home to his house in Street, in Covent Garden one even- ing, found a man knocking at his door ; he asked his business : the man answered, it was with him, and fell a discoursing with him. Sir A. A. heard him out, and gave him such an answer as he tliought proper, and so they parted; the stranger out of the entry where they stood into the street, and Sir A. A. along the entry into the house ; bnt guessing by the story the other told him that the business was but a pretence, and that his real errand he came about was something else, when he parted trum ihe fellow he went inwards, as if he intended to co into the house, but, as soon as tie fellow was gone, turned short, and went out, and went to his barber's \\liich was but just by; where he was no sooner got in, and got up- stairs into a cliainber, but his door was beset with musketeers, and the oHieer went in too with .iliers to sieze liim ; but mn linjing him, they searched every corner and er,.nny of the house diligeullv. OF THE RESTORATION. 1659. 151 to all laws aud public privilege. Not as if that person oj any of us are afraid or ashamed to own the enterpriae the officer declaring he was sure he ■was in the house, for he had left him there just now ; as was true, for he had gone no further than the corner of the Half Moon Taveru, which was just by, to fetch a file of soldiers that he had left there in the Strand out of sight, whilst he went to discover whether the gentleman he sought were within or no ; where doubting not to find him safely lodged, he returned with his myrmidons to his house, sure, as he thought, of his prey ; but Sir A. A. saw through his made story, and gave him the slip. After this he was fain to get out of the way and con- ceal himself under a disguise ; but he hid himself not lazily in a hole ; he made war upon them at Wal- lingford house, incognito as he was, and made them feel him, though he kept out of sight." (Locke's Works ix. 277.) There is another story told immediately after in the Locke Memoir of Sir A. A. Cooper's prompt and skilful action, when on the restoration of the Rump he and six others were entrusted for a couple of days with the command of the forces, for dispersing Lam- bert's forces in the North. The story is probably true in the main. " The first thing he did was to get from them [the parliament] a com- mission to himself and two or three more of the most weighty and popular members of the house, to have the power of general of all the forces in England, which they were to execute jointly. This was no sooner done, but he got them together, where he had provided abuni^ance of clerks, who were immediately set to work to transcribe a great many copies of the form of a letter, wherein they reciting that it pleased God to re- store the parliament to the exer- cise of their power, and that the parliament had given to them a commission to command the army, they therefore commanded him (viz., the officer to whom the letter was directed) immediately with his troop, company or regi- ment, as it happened, to march to N. These letters were directed' to the chief officer of any part of the army who had their quarters together in any part of England. These letters were despatched away by particular messengers that night, and coming to the several officers so peremptorily to march immediately, they had not time to assemble and debate among them- selves what to do ; and having no other intelligence but that the parliament was restored, aud that the City and Portsmouth and other parts of England had declared for them, the officers durst not dis- obey, but all, according to their orders, marched some one way and some another, so that this army, which was the great sli;ength of the gentlemen of Wallingford house, was by this means quite scattered, and rendered perfectly useless to the Committee of Safely." {Id. 278, and compare Martyn's Life 1. p. 216 and seqq.) J 52 165'J. LETTERS AND PAPERS before any that have a lawful authority to demand an account of it ; which we are sure no single person, junto, or pack of men at Whitehall or Wallingford house have a pretence to. Sir, we have the witness with our own spirits, that we have and do cordially wish the preservation and good of you and your family : but if the Lord hath said, " You shall not hearken, but be hardened in your way," we must acquiesce in his providence, and with sorrow look upon that ruin which is flowing in upon you, as upon one in whom we thought we had seen some good. Sir, consider that in the day of );rouble, which is cer- tainly coming upon you, what support you will have to your spirit, when you sliall be assaulted with the shame you have brought upon God's people ; with the breach of faith to the Parliament from whom you received your commission ; with the ruin you have brought upon your native country (unless the Lord by his own Almighty arm prevent it;) and with the misery you have led the poor soldiers into, who, instead of being the instruments of renewing and settling the peace and liberty of these nations, enjoying the honour and quiet thereof, their arrears fully paid, future pay and advancement settled and established in order and with the blessing of their countrymen, are now become the instruments of nine men's ambition,* have made the whole nation their enemies, and are exposed again to the hardship and hazard of a uew unnatural war witliout prospoot of our * The nine men here rel'cirod lo riiiliauient, caused llic conmioliou are probably the nine officers who wliicli bioughl ou Limiln.rl and Bubscribeil the ciroiih\rloiui which, Heel wood's revolution olOclobcr. produced by t'olonel Okcy in iho Sec p. I.!",', nolo. OF THE RESTORATION. 1659. 153 lioping that the issue of these affairs can leave their new masters so rich as to satisfy their arrears, or so secure as to trust preferments in any hands, but such wliose fanatic principles, or personal relations make them irreconcilable to the public interest. But God, we trust, has raised up a deliverer, having by admirable providence put an opportunity and power into the hands of General Monck, the ablest and most experienced commander of these nations ; whom he hath also spirited to stand firm for the interest of this Commonwealth, as well against a rebellious party of our own forces, as the designs of the common enemy, notwithstanding all causeless and false aspersions maliciously cast upon him ; being warranted in his present actings by especial commission and authority from the Council of State, whereas yours is that only of the sword. Our prayers and earnest request for you and all honest men amongst you are that you may timely join with him, and partake of the honour and blessing of his actions, and your true repentance shall be a greater rejoicing than your desertion was trouble ; when Providence shall have sepa- rated the precious from the vile, and not have suffered our scum to boil in, but shall have placed the sword and civil authority in the hands of men of the best and soberest principles. Sir, be not so far deceived as to think sober men see not through the mask of this strange new parliament, whose liberty and safety either of meeting or debating must be at your pleasure, who, having taken upon you to be conservator of the cause, will only make use of them as your assessors and tax- gatherers ; the present interrupted parliament being the sole lawful authority, and which can only be hoped to 1,V1 1659. LETTERS AND PAPEUS make tlio sword subservient to the civil interest, and settle the governmont in the hunds of the people by successive and free parliaments unlawfully denied to thera. Sir, we have in sincerity given you our sense, and shall leave you to Him that disposes of all men's hearts, and remain. Your servants. So far as you shall be found to serve the public. An. Ashley Cooper. Tho. Scot. Jos. Beeners. John Weaver. 7. Geiwr/il Mutitaju* to Sir A. A. Coajjcr, Marrh 24, 16C0 ; (u-hii()idcdijiii(j rcccqit of commands about till' iiavij. [Printed in Martyn's Life] SlE, This evening I have received your commands con- cerning an establishment for the navy, which I shall obey • Kdward ^I'lnlairii, son of Sir Sydney Montagu, knight, and grandson of tlie first Lord Mon- tagu of Bouglvtou, was born July 27, 1625. I'liougli of a royalist fan.ily, he, at an early age, and in the beginning of the Civil War, espoused the cause of the Parlia- ment. At the age of eigliLeen he raised a regiujent in Huniingdon- shire, and loolc the lichl as its colonel. He gained the pari iiiilar frtVoiir of Crouiwi.ll, by whom as I'roiector lir was a!l^'r\vllr^i^ much (-tn|iioyod in civil ail'airs and iiaviil coniMiands, lie wa.^ u mciiit)cr of the Barclione's P.irliament, one of Cromwell's Council of State ap- pointed after the resignation of that parliament, and one of Crom- well's House of Lords. Being admiral cf the llcei scut to ihe Baltic in 1659 to support the Eng- lish mcilialii'u between Sweden and Uenm.irk, he suddenly left, and brought home llu' lleei, lo place it at the dis\ui,-,il ef the kinn «h"Se leslomiion lie ex- pected llneuj;h the I'leslivlenun risiiii; of August. lie was ap- poiuied by the I'arliameul, aficr lliu icKUu.ilhn i)f the .-.echuKd OF TrrE EESTORATION. 16G0. 155 as soon as I possibly can.* I suppose it will necessarily require Monday's time and Tuesday's perhaps, to inform members, joint admiral with Monk, ajid he brought the King over from Holland. His zealous services to the King were rewarded after the Restoration by his being created Karl of Sandwich and appointed Master of the Wardrobe. He was one of the Commissioners ap- pointed with Monk, Sir Anthony Ashley Cooper, Charles Howard, and other Presbyterian leaders to try the regicides who had been excepted for life from the Act of Indemnity. It has been commonly held an indelible reproach to Shaf- tesbury that he sat as a judge on thut occasion ; how far this opinion is just will be discussed in a later volume. But it is a curious in- stance of the capriciousness of fame and uncertainty of historical awards, tliat Montagu, who had been connected with Cromwell longer and more closely than Shaf- tesbury, and who sat as a judge on the same trials, is generally praised, and that a late biographer, an author of great celebrity, of unquestionable acuteness, and of known Royalist prepossessions, has passed over in silence his share in the trials of the regicides and represented him as an almost perfect character. (Southey's Lives of (he British Admirals, vol. V.) The Earl of Sandwich was employed in the reign of Charles II. in important civil posts and naval commands. In 1666 he went as Ambassador to Madrid to mediate between Spain and Portugal, and in 1670 was appointed President of a newly constituted Council of Trade and Plantations, At the commence- ment of the Dutch war in 1672, the Earl of Sandwich was ap- pointed second in command of our fleet, under the Duke of York commander-in-chief; he lost his life in the first engagement, the battle of Solbay, May 28, 1672. He was a man of bravery, fair talents, popular manners, and ge- nial character. Many notices of him ■ are to be found in the Diary of Pepys, who was his protege. The statements of Pepys 83 to Montagu's separate correspon- dence with the King before the Restoration are interesting. (Diary, April 21, May 3, 4, vol. i. pp. 57, 65, 66 ) * This l€itter was written to Sir A. A. Cooper as member of the Council of State. A new Council had been appointed by the Parlia- ment immediately after the restora- tion of the secluded members, con- sisting exclusively of Presbyterians, It may be inferred from this letter that Cooper was one of the Council specially charged with the depart- ment of array and navy. See Mar- tyn's Life i. 236. Monk, on being appointed commander-in-chief, had appointed Sir A. A. Cooper governor of the Isle of Wight and captain of a company of foot in the island, ( Wood Ath. Oxon, ed. Bliss iv. 70.) The captain's commission, dated February 25, is in Lord Shaftesbury's possession ; but I have not been able to find the commission of Governor. loG 16(i0. LETTKKS ANU I'Al'KKS myself iiiul consider about it, after wliicli you shall receive a fiirtlicr account from Your most humble servant, E. MOUNTAGU. Swiftsure, off Greeuhithe. JNlarch 21, 1659. 8. Sir A. A. Cooper to General Montayu, April 23, 1660 ; rejoiciiKj in Lambert's defeat by Inyoldsby at Daventri/.* My Lord, Your Lordship's letter brings that account of the fleet, and so satisfactory as miglit be expected from it, since put under the conduct of such a general. I hope There is no doubt however that Cooper was at this time Governor of the Isle of Wight, and his commis- sion was temporarily renewed in the name of Charles II. on the Restora- tion. There are notices in Sir R. Baker's Chronicl(;, p, 697 ed. 1684 and Bishop Kennet's Register p. 113, of Monk consulting Cooper, Charles Howiird, Annesley, and Colonel Knight, in April, about an engagement for the army to ac- quiesce in all that might be done by the Convention Parliament then on the point of meeting, and of the above-named persons meeting in Cooper's house to learn the progri ss mude in the army with the engage- ment. • The liiiiiT half of this Iclt-r i^ printed in IVisiiop Kriinor.'N \{v- givU;r, p. 120. Lambort had been sent to the Tower March 6, by order of the parliament, on his refusing to find bail for £20,000. (Coram. Journ.) The Long Parliament had been dissolved on the 1 6th of March, and the new parliament was to meet Apiil 25. The Restoration was now certain, and the only ques- tion which remained was whether the King's return should l>e with such conditions as the Presbyterian leaders desired to impose. Lambert had escaped from tlie Tower on the 6tli April. There had been a plan among the Hepublican leaders to free him by fitulmg the bail loquir^nl by the Counril of St-Ue. iu older thiit lio mi;^hl tu'.til i\n insuireclion ; but bi'fure this plan oou'd be executed, l,.inilurt nrti'd for him- self, lie laiMMl a (vw troops in the midland I'ouiiiies, but cou'*^ OF THli RESTORATION 1660. 157 you did not mistake the expression ia my letter about transposing your officers, as if it had any reflexion of not approving what your Lordship had done, being only to give you notice timely of this alteration about sending the Worcester into the Straits, lest, when your officers ai'e fixed, it might be disobliging to remove ihem back. This morning the certain news of Colonel Lambert his being taken came to the Council. There appeared with him six troops of horse in Daventry fields in Northampton- shire, Colonel Okey, Axtel, Creed, Sir Arthur Haslerig's son and others. But when Colonel Ingoldsby came up, the kind men without showing much courage rendered themselves. Thus God has blasted the wicked in their reputations and bloody designs, and I hope will bless us with a happy settlement, which is the prayer of. My Lord, Your most faithful and humble servant, Anthony Ashley Cooper. * tnake no resistance to a small force December 1654. The narrative sent against him by Monk under is continued to the fall of Richard Colonel Ingoldsby. After the Re- Cromwell from power in May 1659 storation, Lambert was excepted in later notes on the speeches in the from the Act of Indemnity, but his last session ofOliver Cromwell's last life was ultimately spared. It has parliament and those in the short- been commonly stated that he then lived parliament of Richard. Va- passed the remainder of his days a rious notes on the Suppressed Pas- prisoner in Guernsey ; but it has sages of Ludlow's Memoirs and on been lately shown by a wiiter in the Letters and Papers in this di- " Notes and Queries" that he vision of the work trace Cooper's was imprisoned from 1667 to his course from the fall of Ricliard death in 1683 in the island of Cromwell to Lambert and Flcet- St. Nicholas near Plymouth. (Notes wood's revolution in October 1659, and Queries iv. 339.) thence to the restoration of the • In the note at p. 109 public Rump in December, and thence to events and Shaftesbury's career the admission of the secluded were sketched to the installation of Presbyterian members on the 21st Oliver Cromwell as Protector in of February, 1660. Monk, already 158 If.lOO. l.iri'llUt.S AND PAl'ivliS liroparod to move liia army, had hoard of tho restoration of thu Rump before he commenced his mareli. He crossed the Tweed on the 2nd of January and entered London on the 3rd of February. All along his march he declared that his object was the support of the restored parliament, and that all questions as to a new parlia- ment or the readmission of the se- cluded members must be decided by it. These declarations did not save him from suspicions of the Re- publican parly ; the Royalists and Presbyterians hoped, were puzzled, and feared. It is probable that Monk's plans were not fixed. The Rump parliament w.as the existing authority, and in it the liopublicans were u majority. He had doubt- less attaniL'J the conviction that the Rump couldnot be maintained, that there was no chance of sta- bility but tlirough the restoration of Charles, and that this was now only a question of a little time and some management. But he kept these thoughts to himself, and waited to be guided by circum- stances on his arrival in London, and by more observation of parties and knowledge of persons. Sir A. A. Cooper, now admitted a mem- ber of the liump, was engaged with the leading Presbyterians in trying to bring about tho restoration of the King on conditions. Bishop Burnet says, " Holies told mo the Presbyterians pressed the Royalists to bo quiet and to leave tho j^aino in their hands, for their appiiiring would give jealousy, and hurt that whioh tlicy moant to iircimulo. TIo anil Ashloy Cooper, (iiimslono, and Aniiosloy, mot ofiiii with Manchestor, Unlicrts, and the rest of the Pfesbylerian parly ; and the ministers of London were very active in the city ; so that, when Monk came up, lie was pressed to iloclare himself." (Own Time i. 145.) Jlr. Marlyii absurdly states that HasUrig, Scot, and other Re- publicans, in theirjealousy and dis- trust of Monk .at this time, " ofTcred to make Sir Anthony general of their forces, if he would march against Monk," and that Cooper refused, " saying he had given Monk a pro- mise of his friendship, which he would not break." (Life i. 2'21.) There is of course not one word of truth in this statement. Arrived in London, Monk submitted him- self for a time to the commands of the Republican majority of the Rump. The city, where the Pres- byterian interest was strong, had made opposition to the Rump ; Monk was ordered to march troops into the city, and compel obedience. On the 9th of February, Monk entered the city, pulled down the gates, portcullises, and chains, and siezed ten or eleven leading citizens and sent them to the Tower. H is troops had executed these orders reluctantly ; he had seen the force of feeling intlie city ; the Proshvlcriaii leaders, among whom Cooper was prominent, slrongly rcmonstraiod with him ; some proceedinir-^ of the Republican party in tho Par- liament had disploasod him ; ad- vice wliich he had s^ivon deferen- tially was ohurlishlv Iroaiedj on tho Uth of February ho som to tho Parliament a strong letter of general remonstrance, and marched again with his troops into Ijio city, lo make pence with its auUiontios OF THK RESTORATION. IGGO. ir,',» and brave the Ptuliament. Some stories are told in Martju'a Life of Cooper during these proceedings, which may or may not be true, and it is probable that there is ex- aggeration as to Cooper in the ac- count there given ; but tliere is no doubt that lie would have opposed the proceedings against the city of the 9th, and strongly advocated Monk's counter-movement of the 11th. (Martyn's Life i. 222-227.) Monk required mediators on the 11th to satisfy the Lord Mayor and citizens that he came as a friend ; and Mr. Martyn represents Cooper as a leading mediator. " The Lord Mayor and citizens refused at "first to put any confidence in him, till Sir Anthony, Colonel Popham, and their friends had prepared them for his reception wiih an assurance that he was sin- cere He was followed home to his quarters in the City with the greatest acclamations and with universal expressions of joy, which appeared by ringing of bells, bonfires, and roasting of rumps in derision of the parliament. The people were §o unruly in their joy, that, as Sir Anthony and Colonel Popham were going through the streets, the mob surrounded the coach, and knowing them to be members cried out with some rudeness ' Down with the rumps!' Sir Anthony looked out, and smiling said to them, ' What, gen- tlemen, not one goud piece in a rump ?' The mob with their usual fickleness were taken with the jest, and attended him and the Colonel with loud acclamations." The Republicans in the parlia- ment, thrown into alarm by Monk's new proceedings, immediately settled the government of the army in five Commissioners, Monk, Haslerig, Morley, Walton and Alured, in order to provide a check on Monk, who expected, and whom all had expected, to be made sole Commander-in-chief. Sir A. A. Cooper being proposed as one of the Commissioners, he was rejected by 30 votes to 15. (Comm.Journ.Fcb.il and Lud- low's Memoirs ii. 831.) Ten days later, the Republican members were taken by surprise by the ad- mission of the secluded Presby- terian members, by Monk's agency, under a military giiard. Cooper had laboured strenuously for this object. The Presbyterians were now in overwhelming majority in the parliament. Immediately a new Council of State was ap- pointed, in which none but Pres- byterians and friends of a Restora- tion were named. It need not be said that Sir A. A, Cooper was one. Monk was appointed Com- mander-in-chief of the army. It was settled that the Long Parlia- ment should expire On the 17th of March, and that a new parliament should be called for the 25th of April. On the 13th of March it was resolved without a division " that the engagement, appointed to be taken by members of Parlia- ment and others in these words, ' I do declare and promise that I will be true and faithful to the Commonwealth of England, as the same is now established, without a King or House of Lords,' be dis- charged and taken off the file ;" and " that all orders, enjoining the taking of the said engagement, be IGO IGGO. LETTKIIS AND PAl'EliS and nre hoveby, vacaletl and ex- pnnp'd ou( of llin Joiirnnl Book of Parliament; and llrnt Mr. Prynne, Serjeant Miiynard, and Colonel Harley do see the same expunged accordingly." The Republicans now bethought themselves of an expedient, to play Monk against the Presbylerian leaders and offer him their support if he would take the Cro-nTi himself. There is no doubt that such an offer was made to Monk by Haslerig, Scot and other republicans. This is stated in the account of events preceding the Restoration appended to later editions of Sir Richard Baker's Chronicle, which has been already often quoted in these notes, and which, though ill written and clumsily put together, has value as known to have been written with much assistance from Sir Thomas Clarges, Monk's brother-in-law ; and the statement is confirmed by Clarendon (Hist, of Rebellion vii. 471,) and by the despatches of Bourdeaux. The idea was ab- surd; Monk treated the appli- cants civilly, and tried to keep them in good humour, but never enlertained the project. Clarges gave Cooper informalion of what ■was passing. " The Council of State sitting at the lime of this private conference, and within two chambers of the place where it was Iransacted, he [Clarges] sent in to the Council to Sir Anthony Ashley Cooper, and informed him of what he knew, and what ho further suspected ; upon which it was agreed, that, as soon as the General should depart from them and Clime inlo the (^nuueil, ho should move that all cle'ks and attendants that were not Coun- cillors should withdraw, and the doors be locked, and then declare that he had had informalion of a dangerous design in some sedi- tious persons, who were continuing to make disturbances in (he na- tion, and that they had proceeded so far as to make some indecent overtures to him, of which he de- sired that (he Council might re- ceive a full discovery, th%t (here- upon they might apply themselves to prevent the consequences of it. But the General being unwilling to expose those men to ruin, though they dcierved not his favour, because his purposes were designed to be effected by (he most peaceable ways, t"ld the Council, that there was not so much danger in agitation as they apprehended, but thai it was true some hal been with him to be resolved in scruples con- cerning the present transactions in parliament, but they went away from him well satisfied." (Baker's Chronicle, ed. 1684 p. 693.) This is probably a fair and correct ac- count of an incident, which has been wonderfully exaggerated and enlarged in the Locke Memoir of Shaftesbury and in Martyn's Life. The story, as there told, is that Haslerig and Scot had a zealous coadjutor in Bourdeaux, the French Ambassador, who repre- sented that he was instructed by Cardinal Maziirin to urge Monk lo make himself King and offer him aid from Franco, that Monk cou- senleil. that Monk's wife, who, lieiiig concealed behind the cur- tains, hail o\erhe!ird the conversa- tion, scut I'liUgcsto iuforni C^ioper, OF THE KESTOKATION. 1660. 161 that Cooper immediately summoned the Council of State, intimated what he had heard, conjured Monk to restore Charles, and obtained from him the requisite assurances, and various changes among officers of the army and governors efforts likely to make the restoration of Charles more secure. The account in the Locke Memoir ends thus ; " The French Ambassador, who had the night before sent away an express to Mazarin, positively to assure him that things went here as he desired, and that Monk was fixed by him in his resolution to take on himself the government, was not a little astonished the next day to find things taking another turn. And indeed this so much disgraced him in the French court that he was presently called home and soon after broke his heart" There is no such despatch to be found in the French Archives, which I have carefully examined. M. Guizot has fairly published all that is material in Bourdeaux's correspondence of this period in the Appendix to his Life of Monk (Documents Historiques, Nos. 45- 52, March 15 to April 2, 1660,) and in the Appendix to his History of Richard Cromwell and the Resto- ration, (vol. ii. Documents Histo- riques, Nos. 33 to 36, March 25 to April 5, 1660.) Bourdeaux writes that there are different opinions about Monk's object, but always gives his own opinion that he in- tends to restore Charles ; he speaks of the offer made to Monk by the Republicans, and mentions sur- mises that he desired to make him- self King ; he makes no mention of communications between him- M self and Haselrig's party ; con- vinced that Monk meant to restore the King, he endeavours to induce him and the Presbyterians to avail themselves of the aid of France and employ France to mediate the conditions of restoration ; for this purpose he tries to flatter Monk, through Clarges, and makes strong professions of Cardinal Mazarin's friendship for him, and readi- ness to serve him. Here Bour- deaux appears to have exceeded his instructions for a diploma- tic finesse which he describes. Anxious to secure for France the honour of mediation and all the influence which would flow from it, and foreseeing a strong desire to avoid French interference, he en- deavoured to ingratiate himself with Monk by flaltering messages, offering the aid of the French go- vernment to obtain for him from Charles all that he could desire of profit or honour, and stating that the French King was so completely his friend that he would even aid him for his own elevation to the throne. " II m'a senible a propos," says Bourdeaux, writing to Cardinal Mazarin, " de le disposer par ces marques d'estime a mieux recevoir les autres propositions dont je pour- rais Stre charge." (March 29, 1660, Guizot, Monk, Documents Historiques No. 50.) This crafty insinuation of Bourdeaux, designed to aid the acceptance of an offer of French mediation for the restora- tion of Charles, is apparently the sole foundation for the story of his active concurrence in the scheme to make Monk King. His instruc- tions from Mazarin were no more than to convey to Monk general 1G2 1G60. LE'lTEES AND PAPERS expressions of fiiendsliip and sup- port in his designs, which were be- lieved to be for the restoration of Charles; it was of course the object of Bourdeaux to stand well with Monk, to be prepared for all contingencies, to do the best for French influence, and to use flattery as well as other means for gaining knowledge of Monk's plans. In his interviews with Monk he could extract nothing from him ; and the statements of Bourdeaux in the above-quoted despatch and in ano- ther to Mazarin of April 5, des- cribing an interview with Monk (No. 52 of Appendix to Guizot's Monk,) tally sufficiently with the account, derived from Clarges, in Baker's Chronicle, (p. G95.) It may be safely slated then that Monk did not entertain the idea of making himself King, that the French Ambassador did not act in such a schejne, and that the stAry of Cooper's foiling Monk's design for the Kingship is an extravagant exaggeration. This story, soon after its publication in the Locke Blemoir, was not unsatisfactorily refuted, without aid from the French Archives, by George Granville, Lord Lansdowne, in his " Vindica- tion of General Monk." (Works vol. ii. pp. 159 and seqq.) It is probable that Clarges, Avho was a silly bustling man, much con- nected with the Presbyterians, and Monk's brolher-in-law but not quite in his confidence, made mis- chief by gossiping. In the meantime Cooper and Iho Presbyterian lea- ders were pursuing their dc^igll of a restoration of Chark's on condi- tions. Lord Mordaunt, writing lo Hyde on the 19lh April mentions Sir Anthony Ashley Cooper as a member of a Presbyterian " cabal," then meeting constantly, of which the Earls of Bedford, Northum- berland, and Manchester, Lord Wharton, Holies, Amiesley, Pier- point, Popham, Sir William Lewis and Sir Gilbert Gerard were among the members. The object of these Presbyterian leaders was to pro- pose the restoration of Charles on terms very similar to those which had been offered in 1648 to lus father in the Isle of Wight, and they were discussing how the chief offices of state should be distributed. They are described as fearing that Monk would spoil their plans and recall the King without conditions. (Clarendon State Papers iii. pp. 705, 729 ) This fear was realized. When the Convention Parliament met on the 25th of April, Monk had arranged his plans with the King through Sir John Grenville. Lord Lansdowne, in his " Vindica- tion of Monk" in which he refutes the story of Cooper's thwarting Monk's aims on the Crown, de- scribes Cooper as acting with the Presbyterian leaders independently of Monk, and proposing with them anegotiation which Monk's prompt action cut short. Cooper was re- turned to the new Parliament for Wiltshire. The act of the ex- piring Long Parliament by which the summoning of this Convention had been settled had prescribed qualiflcalions for its members do- signed to exclude old royalists, and had cotilttini'il a clause saving the vighls oT^uih members of the old llousu of Lords, and such only, as hud bion alwiijs fBilJiful to the Parlinmonl. \\ ith Monk's coun- OF THE RESTORATION. 1660. 163 tenance and support these restric- tions were disregarded, -when the parliament met. The disappoint- ment and dismay of the Presby- terians are described by Bourdeaux in his despatches. (May 10, 21, Nos. 59 and 60, Appendix to Guizot's Monk.) Pepys records the reproaches of Montagu, who thought the Presbyterians too ex- acting, but " shook his shoulders when he told me [Pepys] how Monk had betrayed them, for it was he that did put them upon standing to put out the lords and other members that come not within the qualifications, which he did not like, but however he had done his business, though it be with some kind of baseness." (Diary April 29, vol. i. p. 61.) The Presbyterians could now no longer control the movement, and had nothing to do but make a virtue of necessity. Sir John Grenville appeared in both Houses on the Ist of May, and presented the King's letters and Declaration, dated from Breda. On the 23rd of May Charles landed at Dover, and on the 30th he entered London, a restored King, and restored with- out conditions. The two Houses had sent Commissioners to Breda to invite him to return. Cooper was one of the tjvelve deputed by the Commons. The other eleven were Lords Fairfax, Falkland, Bruce, Castleton, Herbert, and Mandeville, Sir Horatio Towns- hend, Sir George Booth, Sir John Holland, Sir Henry Cholmley, and Denzil Holies. The position then of Sir Anthony Ashley Cooper with reference to the Restoration was that of a leader of the Presby- terian party, serving that party with Monk and Monk with that party, much consulted by Monk and giving him much counsel, but ultimately disappointed by Monk in so far as the Restoration was brought about quickly and with- out conditions. Mr. Hallam has made a mistake in naming Sir Anthony Ashley Cooper as a cor- respondent of Hyde; the letter which he refers to in the Claren- don State Papers is the production of another Cooper. (Const. Hist, ii. 378, note.) VII. SPEECHES DUEING THE SECOND SESSION OF OLIVER CROMWELL'S LAST PARLIAMENT, JANUARY 20 TO FEBRUARY 4, 1658.* \JR,eprinted from Burtons Diary of the Cromwell Parliaments.] * It has been stated in the note at p. 116 thai Sir A. A. Cooper had ceased to attend Cromwell's Council of State at the end of December, 1654, and that some misunderstand- ing had then probably arisen which led to political separation from Crom- well. When and why Cooper be- came a declared opponent of the Protector is not known. The par- liament which Cromwell had called in September 1654 was abruptly dinsolved on the 22nd of January, 1665. That parliament had given Cromwell great trouble, notwith- standing that he had managed, shortly after it met, to exclude about a hundred opponents. It is probable that Cooper showed some sympathy with Cromwell's opponents in this parliament ; he may have disapproved of the exclusion of members ; he may have disapproved of th abrupt dissolution. When this parhsment was dissolved, no nionoy had been voted ; and the Instrument of Go- vernment had empowered the Pro- tector and Council to issue ordinances for raising money only until the meeting of the first parliament. Cromwell now immediately set his own constitution at naught, and an ordinance was issued for a monthly assessment. It does not indeed ap- pear that the proceedings of the parliament of 1664, however much they may have irritated and disap- pointed Cromwell, furnished sufficient cause for a dissolution which imme- diately rendered it necessary to trample on his new constitution. The changes which it had proposed to make in the Instrument of Go- vernment were after all not exten- sive ; all the essentials of the constitution as promulgated werv preserved. Modern te mengeuenilly thought that Cromwell should have accepted tli« alterations of the par- liament, and borne with il» provoca- OLIVER CROMWELL'S PARLIAMENT. 1658. 165 tions, rather than again peril the settlement of the Commonwealth : and there is no doubt that the disso- lution of that parliament lost Crom- well many supporters. (Ludlow's Memoirs ii. 512.) The parliament dissolved, opposition vented itself in intrigues and conspiracies ; and Cromwell now proceeded to support his usurped power by tyranny. The odi6us rule of the Major Generals was now established. We know nothing of Cooper's proceedings after his ceasing to attend the Council of State in December, 1654, till the meeting of Cromwell's second par- liament, which met on the 17th September, 1656. Cromwell now regarded hitn as a determined op- ponent. Cooper was again elected for Wiltshire, but he was not per- mitted to take his seat. The Instru- ment of Government had provided that for the first three parliaments called under its provisions, all members elected must obtain a cer- tificate of approbation from the Council, in order to be permitted to sit. This provision, designed to secure an observance of the qualifi- cations enjoined for members, was now stretched to exclude a large number of members obnoxious to Cromwell. The number to whom the Council refused certificates of approval is variously stated ; there is no doubt that it exceeded a hun- dred, and probably it was not far from two hundred. Soldiers at the door of the House prevented the en- trance of all who could not produce the Council's certificates. Cooper was one of those thus excluded. About ninety other names of ex- cluded members are known : among them was Sir Arthur Haselrig and Scot, leaders of the Republican party, and MoiTice, Colonel Birch, Alexander Popham, and Sir Har- bottle Grimstone, members of the Presbyterian party, who come into notice later as active promoters of the Restoration. Another name in the list is that of the Earl of Salisbury, who had sat in the Rump Parlia- ment, and who in the subsequent reign of Charles II. was a" zealous member of the opposition which Shaftesbury led. Sixty five of the excluded members, among whom was Cooper, subscribed a letter to the Speaker, complaining that they had been forcibly prevented by sol- diers from taking their seats. Sir George Booth presented this letter in the House. The Council were de- sired to give their reasons for what had been done. They replied that the Instrument of Government had imposed on the Council the duty of judging whether the members re- turned possessed the prescribed quali- fications, that the same Instrument had provided that the members to be elected should be " such and no other than such as were persons of known integrity, fearing God, and of good conversation," that they had examined all the retarns according to their duty and had not refused certificates of approbation to any who appeared to them to come within the above description, and that for those whom they had not approved, " his Highness had given orders to some persons to take care that they should not come into the House." An overpowering majority of the members who had been allowed to sit resolved to be content with this . insolent reply, and to refer the ex- cluded members to the Council. A 166 1668. SPEECHES IN OLIVER remonstrance, addressed to the people, couched in tlie strongest language, was afterwards drawn up and printed with the names of ninety three of the excluded members ap- pended to it, and circulated through the country. Cooper's is one of the names appended to this document. A few of the members who had been excluded afterwards made peace with the Council and obtained admission into the House. But Cooper with a great majority remained excluded during the -whole of the first session of this parliament Dr. Lingard, who is generally very accurate in minute matters, states incorrectly that Cooper became Cromwell's in- timate adviser after this exclusion from parliament. (Hist, of England xi. 80, note.) The first session of this parliament lasted nine months, till the 26th of June, 1657. Crom- well's measures of exclusion had at last obtained for him a manageable parliament. It is probable from what took place in this parliament that Cromwell's principal reason for as- sembling it was to procure a change in the constitution, involving the creation of a second chamber, and the substitution of the title of King for that of Protector. The House had however sat some months before any step was taken in prosecution of such a scheme. On the 23rd of February, 1657, Sir Christopher Pack, an alderman and one of the members of the City of London, suddenly presented a document elaborately drawn up, bearing the title of " The Humble Address and Kemonstrance of the Knights, Bur- gesses, and Citizens now assembled in the Parlinmont of the Common- wealth/' and moved that it should be received and read. This was an address to Cromwell, stating that the nation could never t>ecome settled, while it was left nncertain who would succeed him after his death, and praying him to assume the title of King and to call hence- forth a parliament consisting of two Houses, and to govern the Com- monwealth In future according to the laws of the nation, subject to such changes as were proposed in this address, which was to supersede the Instrument of Government. This address was received and read, and afterwards considered and adopted, clause by clause, as -a. Bill. It was debated day by day till the 27th of March. The clauses constituting another House, to be nominated by the proposed King and approved by " this House," were passed without a division. The substitution of the title of King for that of Protector was carried by 123 votes to 62. When the whole paper bad been gone through, the words " Address and Remonstrance" in the title were changed to " Petition and Advice;" and a clause was added, providing that, unless Cromwell con- sented to everything contained in it, no part of it should take efiect. On the 3Ut of March the " Humble Petition and Advice" was presented to Cromwell for his consent. It can- not be supposed that Cromwell had not encouraged this address asking him to assume the title of King. Rut unforeseen diffioulticshadarisen which now determined him not to accept it. His chief officers, including his two sons-in-law, Lambert and Fleet- wood, and Dcsborougli, his brother- in-law, wore vehemently opposed to the assumption of this title, and a Cromwell's last parliament. 1658. 167 strong adverse feeling, fanned by the officers, appeared in the army. Cromwell took five weeks to con- sider the course he would adopt, and ultimately refused to take the tille of King. By this refusal to consent to the clause which conferred the tille King, the whole of the Petition and Advice fell to the ground. But the House took it again immediately into consideration, substituted the title of Protector for that of King, and with this alteration again presented it to Cromwell for his consent. The Petition and Advice as so altered received Cromwell's consent on the 25ih of May, 1657. The Petition and Advice, which now superseded the Instrument of Government, made several material changes in the con- stitution of the Commonwealth. 1 . The Protector was empowered to nominate his successor during his lifetime. 2. The parliament was to consist of two Houses ; "the other House" was to be composed of not more than seventy nor less than forty members, who in the first in- stance were to be nominated by. the Protector and approved by the Com- mons' House, but who after the first nominations were not to be admitted to sit and vote but by consent of " the other House" itself. 3. The number of members of the House of Commons and the distribution of the representation were to be newly arranged by the parliament then sitting. It was expressly de- clared that nothing contained in the Petition and Advice dissolved the existing parliament. 4. It was pro- vided that no members henceforth returned to parliament were to be excluded except by judgment and consent of the House itself. 5. The disposal of the standing forces was to be in the Protector, acting with the consent of both Houses during the sitting of parliament, and, while parliament was not sitting, in the Protector acting with the consent of the Council. 6. A revenue of £1,300,000 was settled for the support of the government, of which a million was for the army and navy, and ^300,000 for the expenses of the civil government. An " Addi- tional and Explanatory Petition and Advice" was afterwards passed before the House adjourned, which pre- scribed, among other things, an oath to be taken by the members of both Houses, by which they bound themselves to be faithful to the Pro- tector, as Chief Magistrate of the Commonwealth, and to abstain from all designs against his person or law- ful authority. The House adjourned, under an act specially passed for the purpose, from the 26th of June to the 20th of January, 1658 ; and a clause in the act commanded the attendance on that day of all mem- bers who had been elected to the parliament, and were qualified ac- cording to the Petition and Advice. On the 20th of January, 1658, two Houses of Parliament assembled. Cromwell had nominated sixty three members of the newly created second House. The nomination of this as- sembly, which was designed to be a body superior to the other House, and which would naturally provoke comparison with the old House of Lords, was necessarily a diificult task ; and it is not surprising that Cromwell did not succeed. As in naming the Barebone's Parliament, he did his best to secure the services of men of birth and station. Seven l(i,S ions. SPEECHES IN OLIVER English Peers were called to the new Ilousfi ; the Earls of Warwick, Mnnchesler, and Miil|jrave, Vis- count Soye ftnd Sele, Lords Falcon- biidge, Eure, and Wharton ; but of these only Lord Falconbridge, who had married Cromwell's dai:ghter, and Lord Eure consented to sit. Lord Broghill, an Irish Peer, after- wards Earl of Orrery, a restless in- triguer through the whole period of the Civil War and Commonwealth and afterwards in the reign of Charles IL, eagerly accepted a nomination. One Scotch Peer, the Earl of Cassills, was nominated and did not sit. Loid Lisle, the two sons of Lord Saye and Sele, Montagu and Howard were in the list, most of Cromwell's Councillors and se- veral of his officers. Whiteloclce, St. John, and Glyn represented the law. Of his own family Cromwell named his two sons Richard and Henry, Fleetwood and Desborough ; Lambert had quarrelled with him, I'hree of the members who had been excluded from sitting in the parlia- ment the year before were named ; Popham, Sir John Hobart, and Haselrig ; Popham and Haselrig scorned the profTered honour. Sir Christopher Pack was rewarded for his services in fathering the new constitution by a seat in the new House. Pride, Barkstead, Hewson, Goffe, Berry, and Thomas Cooper, colonels in the army, who had ori- ginally pursued various trades, and were men of no fortune or social position, threw much ridicule on this assembly; and the number of the more distinguished members who re- fused to accept their nominations re- duced the assembly to about forty ef Cromwell's personal adherents. The debates in this session and in the next parliament of. Richard Cromwell show the general contempt entertained for this assembly, and the great share which this part of the new constitution had in creating future difficulties. The House of Commons, when it assemfjled after the adjournment, was now full. Cooper with the other excluded members now took his seat ; and he took the oath which had been en- joined of fidelity to the person and lawful authority of the Protector. The addition of the excluded mem- bers made the House of Commons quite unmanageable for Cromwell. They had had no voice in the passing of the Petition and Advice, and they denied its legality. The " other House" was addressed by Cromwell on the opening of the session, as " Lords,'* though the Petition and Advice eave no such title ; and they assumed this title in sending mes- sages to the Commons. A message from " the Lords," sent by two Judges on the 2'2nd of January, led to debates on " the other House," its title, privileges, expediency, legality, and indeed on the Petition and Advice itself, which, when they had lasted twelve days, and there was yet no prospect of an answer being returned to the " Lords' " message, Cromwell cut short, on the 4th of February, by a dissolution. Sir \. A. Cooper, it will be seen from the notes of his speeches, took an active part in the opposition to the now con- stitution and new House of Lords. He and several other Presbyterians were associated in this opposition to Cronnvoll with the Republicans headed by Hasleiig and Scot; and though tlioy belonged to ihflcrenl par- Cl!OMWELX.'b LAST PARLIAMENT. 1068. 169 1. January 28. On a motion to exclude all private business for a month in order to call the Govern- ment to account for the violent exclusion of metn- bers and to secure the people's liberties.* Your general orders breed more debate than would despatcli a private business, so I would have no ques- tion put. ties, and had diCFerent objects, yet a common opposition, into which Cooper entered with all the eagerness of his character, now and fi.r some time longer united him to the Repub- licans. Mr. Carlyle has raised doubts as to whether the member to whom we owe the copious notes of the debates of this and the next parlia- ment was Mr. Burton, to whom the editor of the Diary assigned it, and has suggested that it was more pro- bably a Mr. Bacon. (Cromwell's Letters and Speeches ii. 545.) The matter is by no means clear. These notes of Sir A nthony A shley Cooper's speeches, though never, when best, much more than skeletons of argu- ment, yet bear unmistakeably the impress of that nervous and subtle oratory, so rich in ingenious illus- tration and striking by the force of its diction, of some of whose efforts finished reports have been handed down to us, and which, in the stormy politics of the reign of Charles II. rendered Shaftesbury so formidable a leader of opposition. • Diary, ii. p. 375, The " other House" had sent a message on the 22nd by two Judges to ask the Commons to join in an address to the Protector for appointing a day of public humiliation. This imme- diately excited objections and dis- cussions about the House of Lords. It was resolved after some debate to send word by the Judges that the House would send an answer by messengers of their own. On the 25th Cromwell went to the Par- liament and made a second Jong speech to both Houses, urging the difficulties of public affairs and the necessity of union. But it v\as of no use. On the 28th, Mr. St. Nicholas, a Republican member, moved that all private business be excluded for a month in order that the House might devote itself to the consideration of public grievances and of the constitution. Haselrig, Scot and others supported the mo- tion. Cooper, it will be seen, sug- gested that more time might be lost in discussing this motion than by admitting private business. The motion of Mr. St. Nicholas was car- ried on a division by 92 votes to 84. After this the House proceeded to debate the message from the " other House." 170 1658. SPBKCHES IN OLIVER 2. January '1%. On the question of returning an answer to a message from the other House, and supporting a motion fw first considering the question whether the other House should exist.* That is the properest motion. You should not make a complicated and perplexed question. Some are neither for another House nor for the title, and if you put the question to return an answer to the other House, you tacitly admit such a House without further debate. 3. January 29. Supporting a motion of Sir Arthur Haselrig to refer the question of the other House to a Grand Cuinmittee or Committee of the tcliole House.-f I second the motion to have it debated in a Grand Committee- It will be most proper in a business of this great consequence, and cannot be denied. 4. January 30. On the question whether the substance of the a/inwcr to he returned or the title to he given to the other House should he first resolved.X I apprehend nobody speaks of the motion which I have in my head. Your order is very nice. You have a message from the Lords, brought by the Judges from the Lords. * Diary, U-37S. % Diary ii. 401. t Diary, ii. 392. CROMWELL'S LAST PARLIAMENT. 1G58. 171 Unusual causes produce unusual effects ; and nothing ' so ordinary to philosophers as to meet with such. I would have things proceed by natural steps. When once you have made a return to the message from the Lords, the logic which I have, which is but little, in- forms me that your return acknowledges them to be a House of Lords. I would rather have us consider from whom that message is, and we can better tell what answer to return. 5. Felruary 2. Supporting a motion of Sir Arthur Haslerig that the whole question of the other Hoiise he referred to a Grand Committee or Com- mittee of the whole House.* I move to be turned into a Grand Committee for three or four days. There is a great deal more in it than appears. Admit Lords, and admit all. It is fit that laws should be plain for the people. We know what advantage the supreme magistrate and the other House got by the learned's interpretation of them- 6. February 3. Another speech on the motion for a Ch-and Committee.^ If it be not your pleasure to go to a Grand Com- mittee, I shall oifer you my opinion. * Diary ii. 419. the question -whether the motion t Diary ii. 435. On the for a Grand Committee should be same day on which this last put, and the numbers were equal . speech of Sir A. A. Cooper's The Speaker was about to give was made the House divided on his casting vole, which probably 172 1658. SPEECHES IN OLIVER I am not of their opinion that say there is nothing in the name, and that, if you could get over that, the fact would not stick : hut better abstain from that than the people suffer. You are now upon the brink and border of settlement, and if you go further, it may be, you cannot stand. There is nothing but a compliment to call a man Lord : but if one call himself lord of my manor, I shall be loth to give him the title, lest he claim the manor. The gentlemen of the long robe will tell you there is much in names. The word King, they know, carries all. Words are the keys of the cabinets of things. Let us first take the people's jewels out, before you part with that cabinet. If you part with all first, when you come to abatement, it is a question how you will redeem them. It was told you by a learned gentleman that the writ makes them no more than the Instrument makes them, for the Instrument makes them not peers for life, as the writ does not. It is very clear. We are told it revives the old Lords' house. I would fain understand where would have been with the Noes, mittee. The next day, February when Mr. Fagg, member for 4, Cromwell dissoWed the parlia- Sussex, stood up and asserted ment. This was Cromwell's last that he • and Colonel Grosvenor parliament. Within seven months had entered the House before the after its dissolution, Cromwell question was put, but that their died, September 3, 1658. As soon votus hadnotbeeij counted. Mr. as this parliament was dissolved, Fagg's vote was allowed and added we cease to have any information to the Ayes, so that the first ques- about Sir Anthony Ashley Cooper ; tion was carried. But the main but we find him again a member question was immediately after of the parliament called by Crom- negatived by 93 to 87. Sir A. A. well's son and successor Kichard, Cooper was ono of llic tollers for and then waging as fierce an oppo- tlio Ayi'S in tho division on tlio sition ngainsi, the Petition and Ad- main question for a (Jir.nd Com- vice and its House of Lords. Cromwell's last parliament, 1668. 173 the words of revival lie. The geatlemeu of the long robe say nothing of a revival. 2. There must be a way of address. I see no such necessity by the last Instrument. You passed laws without the Peers* consent, after so many days. The negative voice was denied the King. You know it was. These laws passed without the King's concurrence. Consider, let us not lay foundations that we may repent. They must be extant for the future.* * A tract, printed in the third volume of the Harleian Miscellany, gives an account, written in the in- terest of the republican opposition, of this session of parliament, which is worth reading. Its title is " A Second Narrative of the late Par- liament so called, &c.," and it contains a list of the members of the " other House" who are sketched in terms not compli- mentary. A previous tract, entitled " A Narrative of the late Par- liament, so called, theii Election and appearing, the Seclusion of a great part of them &c," describes in the same spirit the proceedings of the first session, in which the Petition and Advice was passed. A spirited and useful account of the session of Richard Cromwell's parliament, to which we now pass, is contained in a tract in vol. VI, of the Somers Collection, written by one of the Republican members ; " A Narrative of the most material Debates and Passages in the late Parliament, by Slingsby Bethel," VIII. SPEECHES IN RICHARD CROM- WELL'S PARLIAMENT, JANUARY 27 TO APRIL 22, 1659.* [Meprintedjrom Burton's Diary of the Cromwell Parliaments except No. 24] • The Petition and Advice em- powered Cromwell to declare, during his lifetime, his successor in the Protectorship ; and soon after this power was conferred upon him, he had nominated in writing his son-in-law Fleetwood. But differences afterwards arose between Cromwell and Fleetwood, and on his deathbed he verbally nominated his eldest son Richard his successor, in the presence of Fiennes, the chief commissioner of the Great Seal, Thurloe, Dr. Goodwin, and Colonels Goffe and Whalley. The paper in which Fleetwood had been more formally appointed was searched for at the same time by Cromwell's desire, but could not be found. Fleet- wood, however, on Cromwell's death, waived all claims arising out of this document, if by any chance it should afterwards ap- pear ; and Richard Cromwell was unanimously accepted by the Council as the new Protector * and proclaimed by thom without delay, and amid gonurni acclamations. A parliament of two Houses was summoned to meet on the 27th of January 1659. The elections for England and Wales were ordered to take place on the old system, and not on that of the Instrument of Government, the last parliament having framed no new scheme of representation as the Petition and Advice left it to them to do ; but for Scotland and Ireland, which had been united with England since the Commonwealth begun, it was ordered that thirty members, the number assigned by the Instru- ment of Government, should be elected for each according to the scheme settled by Cromwell and his Council under the same consti- tution. The Scotch and Irish members however were not to be admitted to sit in the parliament, till the consent of the mombets for England and Wales was given. (Ludlow's Memoirs, ii. 616.) " The other House" was exactly as Oliver CromwoU had made it, and the members were trvnumoned by writs such as used to be sent to tlio old Peers. Until this parlia- mont met, Richard Cromwell's RICHARD Cromwell's parliament. 1659. 175 1. February 5. On a motion for sending to the Tower a man named King who had been sitting in the House, not being a member.* I never heard of the fellow. He is inconsiderable. I move that he be sent off to Newgate. I would not have him accuse himself. position seemed easy and secure. His principal advisers were Thur- loe, St. Jolin, Pievpoint, Dr. Wil- kins. Lord Broghill, Colonel Philip Jones, and George Montagu, second son of the Earl of Man- chester; and their influence mth the Protector excited jealousy in Fleetwood, Desborough, and the other principal officers of the army. (Ludlow's Memoirs ii- 632, Pepys's Diary i. 109, and Clarendon State Papers iii. pp. 421, 423.) He had no difficulty however in par- rying an attempt made by (he officers of the army, just before the meetuig of parliament, to pi^- vail upon him to part with the command of the army, and make it over to Fleetwood. When the parliament met, jealousies and dis- contents before insignificant found a head and became formidable ; and its meeting was the knell of Richard Cromwell's power. Sir Anthony Ashley Cooper was re- turned to this parliament for Wilt- shire and for Poole. There was a double return for Poole, John Fitzjames and Samuel Bond being returned by one indenture, and Sir Anthony Ashley Cooper and the same Samuel Bond by the other. The Committee of Privileges de- cided in favour of the inden- ture by which Sir Anthony Ashley Cooper was returned for Poole : and after this decision. Sir An- thony Ashley Cooper elected to sit for Wiltshire. (Comm. Journ. March 30, 1659, Burton's Diary iv. 308.) * Diary iii. 80. The Diarist mentions that Sir A. A. Cooper ap- peared in the House for the first time this day. Attention had been called to Ludlow's sitting in the House without taking the pre- scribed oath, and a debate had arisen, which was interrupted by the incident of King, who had been sitting in the House not hav- ing been elected a member, and distributing pamphlets among the members. It was moved to send King to the Tower ; several mem- bers, and among others Sir A. A. Cooper, suggested Newgate, argu- ing that to send him to the Tower would be to give him too much importance. It was resolved to send him to Newgate. He was discharged two days after, being adjudged mad. The debate about Ludlow was not resumed, and he managed to continue to sit without taking the oath. See his Me- moirs ii. 619. 176 KifjO. SI'liUCiJKS IN JUCHARD 2. FchnKirt/ 5. On a tiwtio/i fur ujqioiiilini/ a Cum- mittee about the maiulenatice of clergymen in Waled.* There is a vast treasure arising out of these revenues. I never heard of any account. I have passed through Wales, and found churches all unsupplied, except a few grocers or such persons that have formerly served for two years. 3. February 11. On a j>roposal for a previous resolu- tion before committing the Bill for the recognition of Richard Cromwill as Protector.^ You have the same state of things now before you. ns you had in tlii^ Parliament of 1654, our judgments differ- • Dinry iii. 83. Another speaker, Sir. Freeman, slated that the revenues of the clergy in Sonth Wales were X"2U,000 a year. Com- mittees were appointed to examine the revenues of the Churvjh and ministers' maintenance in North and South Wales, Monmouth, the four northern counties, and York- shire. t Diary iii. 227. A few days after the parliament met, a bill for the recogniiion of Richard Crom- well's title was proposed by Thurloe, the Secretary of Slate. The bill was read a second time, February 7 ; and. then began a series nf protraeted di^^eussions, lasting till llie 14lh, on the qneslion of going into (%ininiillee. Sir Arlliur lliisolrige eummoiiced llic opposition. The validity of the Humble Petition and Advice, en- acted by a parliameni from which a large number of members had been excluded, was ni;)w ai-ain im- pugned ; it wns argued that Crom- well's nonimalion of his s m Richard by word of moulh on his deathbed, and not by a wrillen instrument, was insufficient, even admitting the Peliiion.ind .\dvice ; abuse and derisii>n wore hivi:>hed on the so-slylod House of Lords: it was urged thiil the bill sb.ould confirm the iieoplcs righls and iho privileges of Ihe House of dnimons at the same .lime ihal it ooutirmed the Pioleeior's title, and a prolimi- nary rosolulion limiting the Pro- (eelcir's powers and scouring iho House of t'cimmons in Ihe two cbomwell's parljament. 1659. 177 ing. A recognition was then proposed. It was said that it was not consistent with the care, wisdom, or gravity of this House, to pass the interest of the single person hut with the interest of the people. At length a pre- vious vote was agreed upon, that nothing in that should be of force, unless the whole did pass. That which is now proposed is thought impracticable, but was not so then. You are now upon a Petition and Advice, which it is told you is law, and if you say so, the Judges will say points of the " militia" and the " negative voice" was called for. It will be seen that in the above speech Sir A. A. Cooper supports ' such a resolution, and suggests the passing of another resolution, such as had been passed in discussing the Instrument of Government in 1654, that nothing should be bind- ing till the whole bill was passed. The debates had already become hot; and there are two short ap- pearances of Sir A. A. Cooper in incidental discussions. On the 8th February, a Mr. Freeman, who took the side of the govemmfut, was commending the moderation of Richard Cromwell, who, he said, might have brought an army to the bar to force them to acknow- ledge him Protector, when he was called to order by Lord Fairfax. " Lord Fairfax took him down, and moved that he be called to the bar, for naming an army to be brought to this bar. — Mr. Reynolds. I move that, it being a first offence, he be not called to the bar, but he may well explain. — Colonel Birch. He ought not to have taken him down. Haply, he would have ex- N plained, if you had let him go on. — Mr. Attorney General. I cannot justify the word. I am sorry it should fall from one of the long robe, but he should be heard out. 1 may speak a word, and if you take me at half, you may take me at the worst. — Sir Anthony Ashley Cooper. He was gone past ex- plaining. I have never known but in such a case he might be taken down. — Mr. Freeman explained." (Diary iii. 140.) The same day when the time for adjournment came, some of the supporters of the government tried to arrange for shortening the debate. Vane, Haselrig, Reynolds, and others urged that many members wished to speak. " Mr. Bulkeley. Unless it be to provoke obstructions from abroad, I wonder why it should be so striven for to delay it, and spin out the debate with long speeches. — Sir Anthony Ashley Cooper. I would have us adjourn. I shall not speak much, nor can speak much to the purpose, but I desire not to hinder any man to speak." (iii. 150.) 178 1C59. SPI'.ECHES IN KICMARD BO. Never was so absolute a government. If the Florentine and he that sat in the great chair of the world had all met together, they could ntit have mnde any thing 80 absolute.* Is there not another House silting, that claims a negative over you ? When you have passed this, what is wanting? Nothing feut monies. State the case. The Petition and Advice is necessary to stand. A Parliament is freely chosen, and we own it. We go home by some necessity of state- Then does not the Petition and Advice outlive us ? This may happen and produce inconveniences to us, to the Protector, none. Is not this security to him, that he shall be put in the great Magna Charta ? If the Petition and Advice by piecemeal comes to be confirmed, we may not feel the smart of the Petition and Advice in this man's time. It may happen in another's. It may not sound well in after ages, to have things so uncertain and liable to disputes. The laws left doubtful, we have not been faithful to his Highness. I move to assert his authority together with the liberty of the people. This will be security and indem- nity to all. Put the case, that you should vote him Chief Magistrate only, and then leave him to the ancient laws to expound what that means. Shall we not leave him to those ancient doubts and disputes, which have cost us so much blood ? * Compare a speech of Mr. Fope Alexander, Ctcsor Borgia, Hobart later in the debates, and llachiuvd should all consent February 28. " A single person together, they could not hiy a ■with an army, a negative voice, foundaliou for a more absolute £ 1,300,000 per annum, and a Coun- tynmuy." (Di;iry iii. 543. and oil of officers, a balance upon you. compuio Bcllicrs "Narrative" in This should be well considered. Somcra Tracts, >ol. vi.) For this I'eliiioii and Advice, if Cromwell's paeliamknt. 1659. 179 Englishmen's minds are free and better taught in their liberties now than ever. A parliament cannot enslave the people. It may happen in after ages that the people may claim their liberties over again. I would have the addition and the question go all together. We have left a hone of contention to posterity, I fear. We may rise before all be perfected, for some reason of state. It is not against the orders of the House to put them together. I would have them put together. Let them go hand-in-hand. 4. February 14. On a motion against the word recog- nize as applied to the Protector, in a proposed preliminary resolution.* The word, recognize, goes to things and not to per- sons. I appeal to the long robe men, if recognize take not in all the laws, Petition and Advice, and all powers given by that. * Diary iii. 276. The discus- to substitute " declare." This sions before going into Committee was Cooper's argument. On a were still proceeding, and verbal division the word " recognize " questions were raised. It having was retained by 191 votes to 168. been proposed in a preliminary The government party then agreed resolution to " recognize Richard by way of compromise to add Cromwell as undoubted Protec- "declare" to "recognize," and tor," the opponents of the govern- to withdraw the word " un- ment made great objection to the doubted." Some members ob- words " recognize " and " un- jected to " recognize " as a French doubted." It was contended that word. Ludlow says that some the word " recognize " implied proposed to " agnize." (Memoirs existence independently of the ii. 624.) parliament, and it was proposed ISO 1G59. SPEECHES IN RICHARD 6. February 14. Supporting a ■previous vote in answer to Sir Walter Erie and Serjeant Maynard who had argued that xuch a vote did not obliye the Parliament and, if it were not in the Bill, would not he law* Sir A. A. Cooper differed from them. If it pass in the negative, you are excluded at your Committee. A proviso may he brought in. Votes will remain on our books -when we are gone, and it will appear that we had also care of the people. You will have it committed and nothing appear. I would have both appear on our books together. 6. February 16. On a motion to accuse Mr. Henry Nevil of atheism and blasphemy. ^ A motion of this nature ought to be made clearly out. • Diary iii. 286. The meaning of this speech of Sir A. A. Cooper's is that a vote passed before going into Committee would appear in the Journals, whereas there would be no record of a similar vote passed in Committee, if the bill should afterwards fall to the ground. Almost immediately afler this short speech, the two following resolutions were passed without a diyision. " 1. That it be part of this Bill to recognise and declare his Highness Richard, Lord Pro- tector, to be the Lord Protector and Chief Magistrate of England, Scotland, and Ireland, and the dominions and territories there- unto belonging j 2. That, before this Bill be committed, this liouso do declare such addilional clauses to be part of the Bill, as may bound the power of the Chief Magistrate, and fully secure the rights and privileges of parliament and the liberties and rights of the people, and that neither this nor any other previous vote, that is or shall be passed in order to this Bill, shall be of force or binding to the people until the whole Bill be passed." This second resolution is said to have been offered by Mr. Trevor, acting for the government, after the first was carried, " to the end the other party might not go away displeased ;" and it was im- mediately passed without a divi- sion, one voice only crying No and tliat being the voice of Thurloe. Seo Uetliol's " Narrative" in tlic Somors Tracts. t Diary iii. .ItX). Henry Nevil, Nevile, or Novillo, the author of CUOMWELLS PAULIAMENT. 1669. 181 To make a man an oflfender for a word is hard. Mani- fest and open offences may be punished with more severity. I would have the charge clear, that the defence may also be clear and certain. February 18. For settling the limitations of the Protector's power before discussing the question of the other House or anything else.* The bounding the single person is the most proper " Plato Redivivus." Mr. Bulkely, a supporter of the government, had accused him, onthe information of others, without producing a written charge. The object was to prove Nevil disqualified to sit, the exist- ing law requiring that members should be persons " fearing God and of good conversation," and thus to get rid of an opposition member. The debate was very animated, and many members of the opposition defended Nevil, and exclaimed strongly against such a charge being made on hearsay. In the end, after five hours' debate, the matter was dropped. Nevil was born in 1620, and was the second son of Sir Henry Nevil of Billingbeare, Berkshire. He was educated at Merton College, Ox- ford, and after leaving the Uni- versity travelled much on the Con- tinent. He returned to England in 1645, and became a member of the Long Parliament. He was elected a member of the Council of State in 1651. He was a member of the Council of State which followed the dissolution of this parliament and the fall of Richard Cromwell, and acted with the Republicans in opposition to the Restoration. He was taken into custody after the Restoration, but was soon released, and he afterwards lived quietly in Berkshire till his death in 1694. He had as a colleague in this par- liament, and in the Council of State which followed, another celebrated political speculator, Sir James Har- rington, the author of "Oceana." Nevil and Harrington were very zealous in pressing their iheories of the constitulion of a republic, iu the debates of the Rump and Council of State in 1659. See Carte's Letters ii. 203, 225 and Clarendon State Papers iii. 483. See also the references to Har- rington's Rota Club in Pepys's Diary i. pp. 8, 11. There is a notice of Nevil in Wood's Ath. Oxen. iv. 409, ed. Bliss. * Diary iii. 335. After the pre- liminary resolutions passed on the 14th, the House proceeded to con- sider of the additional clauses which were to " bound the power of the Chief Magistrate and fully secure the rights and privileges of Parliament and the liberties of the people." 182 1G59. BPKliCUES IN RICHARD tiling in debate, and I apprehended we had now been upon the Chief Magistrate's limitations. It is objected, that men cannot vote unless they know whether there shall be another House. That objeption is made as if we were constituting a new Commonwealth. If that should be, then, unless you know what power your single person shall have, how will you declare the power of the other House, for this will still lie in your way ? I have not heard that debated yet, whether we are upon the footing of the Petition and Advice, or on a new founda- tion, or on the old constitution. I think we are yet to be supposed to be upon the footing of the old constitu- tion, unless something appears to the contrary. There- fore I would not have us surprised in a vote. We may by this put a limitation upon us that we mean not, and instead of bounding the supreme Magistrate be rather bounding the liberty of Parliaments. 8. Feh-uary 21, Supporting a motion for the releaie of the Duke of Buckingham from imprisonment.* One person cannot do you so much harm by his liberty. It is no ill precedent of liberty. While we • Diary iii. 370. George Vil- soner in Windsor Casde. He hud liera, second Duke of Buckingham, married in 1657 the only child with whom Sir A. A. Cooper of Lord Fairfax, the old parlia- had at present no correspon- mentary General ; and Fairfax, denoe, was afterwards his friend who was a member of this porlia- and political associate, and col- mcnt, presented this day a petition league in the so-called Cabal for Buckingham's roloaso. Many Ministry of Charles II. Buck- oUier members urged the doferenct ingham had been sent to the due to Fairfax, and that his word Tower by Oliver Cromwell in should be sulUoient. Mr. Onslow AuguBt 1658 ; he was now a pri- said. "Ho that has been trusted Cromwell's parliament. 1659. 183 have an eye of punishment upon delinquents, let us not wound ourselves hy leaving arbitrary precedents. I have not so much as a correspondence with this person or any of that name. Let it not he thought, whatever is in our hearts, that we shall have ingratitude to that person that offered the petition. The care that Lord Fairfax will have of him in his family will he beyond all security you can care for. You may well trust him. 9. Fehruary 22. For discussing the right of the new Lords or memhers of the other House before de- claring their powers* If you would have us all of one mind, your question must be as clear as may be. The first question ought with three nations, we may well trust him with a single person." The Solicitor General said, " I think when that noble lord says he will engage himself, it is more than £20,000. I am ready to take that noble lord's engagements that he shall be answerable to jus- tice, rather than anything else that is offered." Fairfax interposed saying, " When I engage my estate, I know what I do, but when I engage his honour, I engage what is not in my power." It was resolved to release the Duke, on his engagement on his honour at the bar of the House, and on the engagement of Lord Fairfax in £20,000, for his quiet behaviour and abstinence from intrigues against the government. The Duke of Buckingham ap- peared at the bar two days after and gave the required assurance on his honour. " The Duke, stand- ing at the bar, said he accounted it his great happiness to come be- fore this assembly, and that in pursuance, and according to the order of this House, he did here now engage himself to this House, upon his honour, to demean him- self peaceably and quietly, and not to join with, or abet, or have any Correspondence with, any the enemies of this Commonwealth, either at home or abroad, for the future ; and further gave the House his most humble thanks for their high favour towards him ; and professed he should be ready to lay down his life and fortune for their service." (Diary iii. 436.) Buckingham, of whom I shall have much to say in a future volume, was now thirty two. • Diary iii. 418. 184 1(!59. sPEiicaiis in richard to be, whether there bo a right or no ; for, where there is a right, in all the actions of a man's life, there is a duty ; and then matter of convenience or inconvenience is out of doors. Two rights are offered to be in being ; one of the old Lords, the other of the other House or new Lords, who have already a vast power in their hands, and dangerous to the people. Some tell you the right of one House, some of another. I offer it to you that it is not fit, and if it may not be dangerous to prejudge or preclude either of their rights before you agree to the persons. If there be a right, then all their boundaries must be offered to them, whether they will pass them or not; and I have seldom found men in power to part with it upon easy terms. It is therefore necessary to be cleared, how far we are to deliberate and restrain them in this point. Seeing great rights are claimed on both sides, let me be satisfied on that point, first, before I can give my vote. The consideration of the persons is most natural. One while it is argued for light, j)ro and con., and persons differ ; and then they fly off to conveniency. Matters of right and of conveniency are two different things. Therefore, now take into consideration these two claims. Consider first, whether the old Lords or new Lords have a right or no, and then go on to bound them. Cromwell's parliament. 1669. 185 1 0. February 24. In a debate on the ivar between Sweden attd Denmark, Richard Cromtoell's mediation, and a proposal to send a Jleet to the Sound to support the mediation.* If I thought to refer it to a Lord Protector and Council were no more than a reference to a Council of StatOj or a Committee of the House, I should not now trouble you, but there is more in this. You might very well retain what you grant ; and on the other side, if there were no hazard of a war, nor engaging your militia, it were not so much neither. But this implies a war ; and doth it not signify that you will have no regard for treaties and amnesties, but merely to interest of state ? If you will begin a war, it must be upon clear grounds; the state of all things declared, the justness of the quarrel stated. The grounds were manifestly held out to the Long Parliament. When Henry V. engaged in the war with France, the grounds were fii'st laid, then money and shipping prepared. * Diary iii. 465. Secretary Sound by Denmark and Holland, Thurloe had introduced this sub- and ending by asking the consent of ject by order of the Protector on the House to equipping a fleet for February 21, and made a long the support of a mediation by Eng- speech on the origin of the war land between the belligerents. This between Sweden and Denmark, on proposal led to a long debate, in the attitude of other Powers, es which the question of the right of pecially the Dutch, who were the the Parliament to govern the navy allies of Denmark, but were en- and decide on peace and war deavouring to bring about a peace largely entered. It was ultimately and supporting their mediation referred to the Protector to prepare with a fleet to be enlarged to the a fleet, with a proviso " saving the number of 130 ships, on English interest of this House in the interests of trade in the Baltic, on militia and in making of peace and the danger if the war went on of war." (Diary iii. 493, Feb. 24.) England being excluded from the 186 1059. SPEECHES I.N RICHARD This uavy must either go to look on or engage. If to engage, it is a war; if to look on, it is dangerous rather than advisable. I never knew it successful. The Pope sent an army or navy once to the like pur- pose, when two fighting princes were determining their quarrel. He intended to look on in a war between Milan and the Florentine. But the fortune of that was, that he was made a prey to the conqueror, and con- querors have always discouraged that looking on. You are in peace with Swede and Dane and Dutch. If at peace, what is the quarrel ? The justice of the quarrel must be considered. If we war with any, we must answer it as one honest man would do to another. The Dane made first an invasion upon the Swede. The Swede's quarrel was just, I grant. He might safely keep what he gained. The Dane kept the treaty punctually, which was made by our mediation. How, then, can we assist the Swede, who is upon the score of breaking his treaty, and go against our confederate, the Dane, without ground ; or stand by, and see him ruined ? The Dutch have the greatest interest, and they have a just interest already granted them by the Dane. If we invade that right of the Dutch, we begin the quarrel. So far for justice. Till the justice be decided, I shall never countenance the war. If the Dane gain the Sound, it will be very dan- gerous ; and will it not be more so, if the Swede get it, than if it comes into the hands of the Dane or Dutch ? He hath almost all the Sound, nnd the territories and coast by laud. He is master of the greatest shipping. CR0MVVKL1,'S PAKLIAMliNT. 1659. 187 and will command the Baltic Sea. He is a most potent prince, that hath at this time one of the best nnd ablest councils for war in'Christendom.* He understands the secret of trade. Hia business must be- to make himself not only the greatest master at sea, but of trade also. He may overrun Spain, Denmark, Pomerania, Italy, and make himself master of this part of the world. His predecessors overran the whole world with their bodies of men ; but how much easier will it be for them to transport these great bodies of men, when they shall gain the great mastery at sea. Are not the Dutch and we in most danger to be the first fallen on ? By reason of state, we or Holland must be his next prey. Admit the worst. Suppose the Dutch have the Sound. But how will they keep it ? You have the King of Sweden your friend ; and the King of Den- mark, he also is a sure friend, as necessity makes him to be so. You have all the petty Princes upon the Baltic coast; the Hans Towns, and free States and Cities. These will help you against Holland, whose interest it is to sup- press them. But if the Swede obtain it, what friend have we, or friendship with any, that can serve us to get it out of the Swede's hands, if ever he got it wholly ? I move that we may not engage. Here is a preparation of a million, and our eyes are towards the Sound. But how stand our engagements ? Are we engaged, or free to assist the Swede ? If we be not engaged, that may alter the case, and wo may debate it. But I would move, upon the whole matter, to have the power of war and peace in this House. * Charles Gustavus, Charles XI. of Sweden. 188 1659. BP1SKCHE8 IN RICHARIJ I would neiihar be uugagctl ia a dangerous war, nor in what will cost a million of money. It is a daugeious precedent, whicli in former times would not be sufifered. This precedent was not allowed in 1640. You will give away a great part of your militia. I move again, not to be surprised in anything; lest by quenching flames abroad, you kindle flames at home. You have done enough in preparing what you have done. In the meantime, whilst we debate, let the prepara- tions go forward. I would have it referred to the Com- missioners of the Navy and Admiralty. 11. March 4. On a motion for calling in Sir Uenry Wroth, in the custody of the Serjeant-at-arms, on a charge of assaulting Major General Packer, a member.* I move that he be called in, and neither have his * Diary iv. 3. General Packer show my valour in iinoiher way. had complained of this assault on The person is Mr. Henry, alias the 2.3rd of February. " Mr. Sir Henry, Wroth. It was imme- Speakeracquainted the House with diately resolved that "Mr. Henry an abuse oflfered to Major General Wroth be forthwith sent for as a Packer on the highway. — Major delinquent, and that he be brought General Packer. As I was going to the bar of this House by the Scr- home on Saturday night, a gentle- jeant-at-arms." (Diary iii 43r ) man, being drunk, switched my Wroth was brought up by the horse and then myself: I was con- Serjeant on the 4lh of March, and tent to pass on the road with the on the question that he be called abuse till I oame to a town and in General Packer said, " I am called for a constable. He fell on content to pass by the injury if the Captain Gladman, who was in my House so please. I believe Sir company, and cut him in the hat, Henry Wroth did not know mo." and had killed him if help had not A discussion then arose as to been made. A rude ranting Cavalier whether it m as necessary to pivcood swore ' God damn him' often. He further; but Wroth was uhimaloly was one of the King's knights, called in, and lie justified his oon- Ho and his complices have boasted duel, asserting that Geuorol Parker much of this. I choso rather to had drawn his swonl on him luid Cromwell's paeliamknt. 1659. 189 crime nor his answer repeated, but only be told that, upon the motion of the person that informed, the House had considered of him and would pass it by. 12. March 4. In a debate on the constitution and powers of the other House.* y I would not have things misrepresented to the House. I was here last Parliament, and the constitution of the other House was disputed all along, and their coordinate power denied still, else we had not been so soon dissolved < 13. March 7. Supporting a motion to refer hack to the Committee of Privileges a report on the election for Malton.f I was not satisfied with the excluding the witnesses ; that he had acted in self-defence. It was then determined to refer the question to a Committee, and Wroth was discharged from the custody of the Serjeant-at-arms on his bond. The Diarist says " He came off this business with a great deal of honour, and by his narrative quite altered Packer's story." It was referred to a Committee, but I believe it will fall asleep in the chair, it will scarce be prosecuted." It had been proposed to discharge Wroth on his parole, but the word was objected to as French. " Mr. Turner and Mr. Trevor moved that his parole might be taken. — Sir A. Haselrig. The word parole is a new word ; I move that the Serjeanttake his bond. — Sir George Booth. Seeing we all understand not French, let us take his word ; that is English. I hear he is a person of great worth." (Diary IT. pp.6, 7.) * Diary iv. 14. Since February 14 the House had been discussing discursively the proposed limita- tions of the Protector's power and securities for the people's liberties. On the 1st of March the debate had been brought to a narrower issue by the carrying of a resolu- tion, by 177 votes to 113, "that it be the matter of the debate to- morrow morning that this House will transact with the persons now sitting in the other House as a House of Parliament." The de- bates on this question, begun on March 2, were not finished till the 28thf when it was agreed to trans- act with the other House as a House of Parliament only during the present parliament, and saving the rights of old Peers who had been faithful to the cause of the Parliament. t Diary iv. 43. The question in dispute was whether Old Malton 190 1669. SPEECHES IN UICHARD only they said this was not matter of fact, but matter of right. This to me is as much as to say, in what is not material they shall be admitted, but in what is material, not. T move that it be recommitted. 14. March 7. Against a motion for a proviso that the old Peers who have heen faithful he not excluded, and against transacting with the other House.* That is not the greatest objection, that those persons are oflScers in the army ; but it lies not so strong against them in this House as in that House. As to the old Lords, it is the way to destroy their rights which you take to preserve them. Is not this the very case, as was remarked by Serjeant Maynard, of Malton ? Agree with the Committee, saving the right of New Malton. This is a saving that destroys the right. Yon bar their claim utterly by this, whereas you know not but their claim may come iu more clearly. You make them and their interest your everlasting enemies. A few new men, but in the room of old men, what will the nation say? Let us consider what we can say to posterity. The remaining part of that famous Long Par- had arighttojoinmthNew Malton The House decided to agree witli in the election. The Committee the Committee by 173 votes to 142. decided that it had, and upset the • Diary iv. 50. This speech was election of Luke Robinson and made in answer to one hv Mr. Mojor-General Lilburne, two mom- Swynfen who had urj;cd the recog- bers of the Republican party. It nition of iho other House with a appears from the debate that the proviso saving tlie rights of the witnesses for New Malton had not old Peers who had been faithful to been heard by the Committee, the I'nrtianicnl, and who had do- CROMWELL'S PAHLIAMENT. 1669. 191 liament -would in the issue have rendered their designs famous.* Your laws and liberties are all gone. Two negatives are in one hand. An army is in your legis- lature, and £1,300,000 per annum for ever. To say that a law made under force shall be a good law, and binding in reason, is against all reason. f That about the Bill of Sales is but argumentum ad hominem. If our neighbours say wo look well, that will not satisfy. We must examine if we be well. I have sat sixteen years here, ventured my life, and bought lands, and my friends and interest have done so. I always hoped, whenever you came to settlement, you would confirm all those sales. True, a possessory title of Chief Magistrate was never questioned in Parliament, but this is upon another foot, the Petition and Advice. How are you satisfied of that claim ? Is there that done that will pass £40 per annum, and yet are passing three nations into the hands of some few persons, to them and their heirs for ever ? If there he a necessity upon us now, where will the necessity be afterwards ? Where will be our posterity ? You might have had as good a government three hun- dred years ago. fended the composition of the the Rump of the Long Parliament other House, including so many when it was dissolved by Cromwell officers. The Speaker had just in April 1653. See note at p. 87. before resumed the debate, " and t This is in answer to a speech said, that which is most insisted of Serjeant Maynard, who sup- upon is that this vote should not ported Richard Cromwell's govern- exclude the right of persons of the ment, and had contended, that if old peerage that have been faith- the Petition and Advice were re- ful from sitting, if they be duly jected, great confusion would en- summoned by writs." sue, and all sales of public lands • It will be remembered that effected under its authority be in- Cooper was on good terms with validated. (Diary iii. 571.) 192 1659. SPEECHES IN RICHARD What are you at present but a House of Parliament and a single person ? Is there any such difference than when the Parliament was in 1654 ? You must either transact, it is said, with them, or you must not transact at all. There is no such need. Are we bound to this or that other House ? We are not bound. It may be they will sit without us. I had rather they did so, and raised money, than that we should so bind ourselves as to be but bailiffs and servants to them. It is but a shoeing-horn to tell us the right of the old Lords is preserved by this. I cannot consent to transact, because it is against the right of others, the rights of this House, and the lights of the nation. If you think you have no need of bounds nor ap- proving, pass your question singly, and then I am sure you are bound for ever. If you will put it, put it singly. It shall have my negative. 15. March B. Against a proviso saving the rights of the old Lords * It is impossible to save the rights of others, if you own these upon that foot that they are. You cannot • Diary iv. 83. On this day a diately raised the question of the division took place on the question right of the Scotch and Irish meiu- of this proviso ; and it was resolred bers to sit and vote. They had by 195 votes to 188 " th.it these been voting, almost all with Uio words, viz. 'and that it is not government; and they were sixly hereby intended to exclude such in number. To exclude them peers as have been faithful to the would bo to secure a miyorily for Parliament from their privilege of the opposition. It was arranged being duly summoned to bo nieni- thai tlie right nf the Scplcli and bers of that llouso' bo part of the Irish members sliould ho discusicil questiiin." The nppniu'Uts of llie llio nexl dnv. See tlie nexi note, government, thus beaten, inime- CaOMWELL'S PARLIAMENT. 1659. 193 alter one bit of it without their consent. Their number is to be but seventy. If sixty already, how can that clause of yours be practised or put in execution ? True, this may be mended, but when you have once owned them, you must stay their leisure. > If these would give their places to old Lords, there is one negative upon you still ; so you put two bars before their rights. To bring in the old Lords upon the Petition and Advice, upon that foot, I should for ever abhor them and myself for doing it. Upon this new foot, you cannot restore them ; though I honour them as much as any man, and wish thoy were restored, but rather never see a Lord, than have them on such a foot. ■'^ I would have the question put' singly, that we may not be surprised in our votes. 16. March 9. On the question of the right of those elected for Scotland and Ireland to vote.* They ought to withdraw. (He cited Mr. Danvers's case.) If they may have a vote in this case, it will be * Diary iv. 108. On the meet- the chair. — Mr. Fowell said that ing of the House on the 9th the in the case of Sir Thomas Wid- Speaker, Mr. Chaloner Chute, was dringlon, another was chosen, while so ill that he could not continue in he was in the chair ; but that case the chair. The following curious differed. It was upon his desire. — ■ debate took place. " Mr. Trevor Mr. Speaker. I desire to be dis- to the orders of the House. I charged. I am sorry I should re- move, Sir, that for your safely you tard your business one half hour, would, till you recover your health, — Sir Arthur Haslerig. I move for a week's time appoint another that by no means he be discharged, in your place. I move for Sir but only for a time, to recover his Lislebone Long. — It was moved health. It was always the care of that it was never used to appoint (his House to choose one that was another Speaker, while one was in no way influenced by the coiut. I O 194 1659. SI'EECIIRS IN RICHARD in their power to keep this vote oflf themselves all the Parliament. They are most worthy persons ; but let us consider the consequence. shall name a fit person, though not of the long robe, Mr. Knightley. — Mr. Knightley. I am of the wrong robe ; this is more like a weed than a garment that I have. I have worn a gown at the Uni- versity and the Inns of Court, but never had the honour. I make it my humble motion that you would not put that burden on one of so short a robe and so short a mea- sure. He that made that chair made it with strong arms, knowing the weight of it. I have both infirmity of mind and body to make me incapable. — Mr. Speaker, by leave of the House, left the chair and went home to his own house, very ill. [" The Serjeant attended him with the mace out of the House to his coach, and after- wards brought the maco back and placed it below under the table" Commons' Journals.] A. A. Cooper. I move that, till mace come in, none can speak. — Others moved that last parliament and this parliament the House did choose their Speaker before the mace was on the table. — Others again said ' You are a House with- out a Speaker.' — .Sir Arthur Bas- lerig moved again for Mr. Knightley. — Colonel Fitzjames put the ques- tion for Sir Lislebone Long, but was denied. — Sir Lislebone Long. I know no incapacity on mo to serve you as a member, but ninny incapacities to servo you in that chiiir. I am beholden to Sir Arthur Haslorig that told mo »f my in- capacity. The person propounded has much more experience than I, and, if he decline it, there are many fitter than I. — Sir Anthony Irby moved for Sir Lislebone Long. — Sir A. A.Cooper. As Sir Lisle- bone Long was first propounded, he must be first put. Therefore I would have the question put for his supplying the chair for a week. — Mr. Bulkeley. Seeing you are agreed of the person, put the time indefinite, viz., till the Speaker shall be in a condition to serve you there again. — Mr. Scot moved against it. — Sir Arthur Hatelrig. I was against Sir Lislebone Long's coming to the chair, but we must look to him as well as we can. No member can put any question other than for taking the chair, and the person pitched upon ought to obey the sense of the House, and of himself, without the ceremony of leading, to go to the chair. — Sir Walter Erie. The ceremony of leading is not parliamentary. — Sir Lislebone Long, in obedience thereunto, was coming along to the chair, but Mr. St. John and Mr. Gerrard came up and led him and he took the chair at one. — 5i»- A . Hatlerig moved to enter this order, viz., " ordered that, in respect of Mr. Speaker's indisposition of body, and at his oamosi request. Sir Lislebone Long bo desired to take the rliiiir in his absence, oc- oasionod by his said indisposition of hriilih, until ho shall recover his lu-iiltli, and no longer." (Diary CROMWELL'S PARLIAMENT. 1659. 195 17. March 9. On a motion, made during the debate about the Scotch and Irish Members, to declare any attempt either on the person of the Protector, or on the House, to be high treason.* I like the thing very well, but it comes not in season- ably. Be the thing never so good, it ought not to break in upon this debate. Divert not upon this question. iv. 90 2, and compare Journals, March 9.) After the question of the chair was settled, the de- bate began about the right of the sixty Scotch and Irish members. The members for England and Wales had been chosen according to the old law of the land, and not according to the representative scheme of the Instrument of Go- vernment. The reason of this without a doubt was that the old representative system gave more scope for government influence. But the old law having no provi- sion for the election of members for Scotland and Ireland to an united parliament, these had been elected according 1 o the provisions of the Instrument of Government; and in Scotland and Ireland the government could do pretty much as they liked in the elections. It ■had been provided that the Scotch and Irishmembers should not sit, till after the consent of the House was obtained. This question thus raised now interrupted for some time the debates on the constitution. It was urged by Cooper among others that the Scotch and Irish members should withdraw till the question about them was settled, and not take part in a vole concerning themselves. The case of Mr. Danvers cited by Cooper was that of a Mr. Danvers or Villiers, a member of the parliament and op- ponent of the government, whom the government party had accused of being a royalist delinquent, in order to exclude him from the House, and he had been excluded. (Diary iii. 241-252, Ludlow's Memoirs ii. 625.) It is to be pre- sumed that Cooper's argument is that Mr. Danvers left the House and did not vote in his case. * Diary iv. 110. Mr. Bulkeley, an indefatigable supporter of the government, had suggested a de- claration that it should be high treason to attempt anything on the person of the Chief Magistrate. Mr. Knightley, of the Republican party, then proposed a similar de- claration against any attempt on the House. Sir Henry Vane ar- gued in the same way as Cooper against the motion as unseasonable. It was dropped, and the debate on the Scotch and Irish members con- tinued. 190 Ifj^y. SPEKCIIKS IN RICHARD. 18. March 10, On a motion respecting CromwelFs im- prisonment of Major General Overton in Jersey in 1055, and against a proposed addition to the motion relative to other persons imprisoned.* I cnnnot agree with the addition. I would not only have the warrant voted illegal, but the causes expressed. " Diary iv. 158. Overton had been sent for and brought from Jersey and appeared this day at the bar of the House. He had been kept a prisoner in Jersey under a warrant signed by Oliver Cromwell, which also directed the Governor of Jersey to keep in prison three others. Major Norwood, SirThomas Armstrong, and Mr. Weston. It was resolved without a division " that the commitment and de- tainer of Robert Overton, esquire, as well because it is by a warrant under the hand of the Chief Magistrate alone, ns because it is by a warrant, wherein there is no cause expressed, is illegal and un- just, and that he be discharged of his imprisonment,** Armstrong and Weston were then ordered to be sent for from Jersey. Norwood had been already released on se- curity, and on condition that he should not come to England. On MarchllSirA. A. Cooper took part in a little discussion on a point of order arising in the debate about the Scotch and Irish members. Mr. Gewen had spoken of them as foreigners and of their sixty votes as being the Protector's. Dr. Loflus, an Irish member, then spoke. " I have not toslod of the waters of M'libah to bo contonlioua, but hearing these reflexions on these nations 1 cannot be silent." Dr. Loflus was taken down, Mr. Weaver saying that he had no right to be heard, probably because he was an Irish member and his right to sit was not determined. " Sir A. Haaelrig and Mr. Knightley moved that Dr. Loftus might take him down if he saw him run into extravagancy. — Sir A. A. Cooper. He ought to have been heard out. Let him go on, at the peril of a person's discre- tions that he keep himself to the orders of the House. — Dr. Loftus went on and said that there were a sort of people in the Lords' House formerly that went ai nutum Regis, tliere are sixty now that vote ad nuJtMun Protectoris. [This is clearly a repetition of Mr. Gewen's statement.] This is a high reflexion. I pray that he may give satisfaction." (Diary iv. 131.) The next day, March 12, a motion being made to order £60,000 from (he excise to be paid over to the Commissioners of the army, Colonel Fielder, Sir John Norlhcotc, Sir A. A. Cooper, and others strongly objected to the debate on the oonslilution and the Scotch and Irish members being intiMliivd with. (p. 110.) Cromwell's parliament. 1669. 197 that it may appear upon your books, which will not ap- pear by the warrant. I would have it further added, as another cause, that he was sent where a Habeas corpus will not reach him. I ara clearly of opinion, and all the long robe at the Committee of Grievances were of that opinion, that a Habeas corpus lies not to Jersey. I would have a pre- cedent. The case of Berwick differs much from it. They are a part of England, and send burgesses hither. 19. March 18. On the question of the right of the Scotch Members to sit and that they withdraw.* None have spokpn to the legality of the Petition and Advice. It was demanded, but had no positive answer. • Diary iv. 189. It had been settled on the 10th that the ques- tions of the Scotch and the Irish members should be discussed separately, and that the Scotch question should be taken first. The debate was spun out by the oppO' sition, and a division did not take place on the first question of the Scotch members till the 21st. To- day, the 18th, the gOTernment party tried hard to conclude the debate, but unsuccessfully. Serjeant Wilde made a long speech against time. According to the Diarist, Wilde •was a very dull tedious speaker. " Serjeant Wilde stood up to speak. Some moved that he had spoken, but leave was asked for him to speak till the House was full. He mumbled on and cited a great many cases, why they [the Scotch members] should withdraw. — Mr. Grove. I move much at his wisdom to cite so many precedents for a case that was never heard of before. I doubt the chair did not hear him. Otherwise you would have been careful of your time. — Sir A. A. Cooper. He said what was very material. I move there- fore that he be heard out. — Mr. Trevor, He is heard as amicus curia, I hope he will consider your time accordingly. — Serjeant Wilde went on, and concluded that they ought to withdraw. It seems in the time of the Long Parliament he was always left speaking, and members went to dinner, and found him speaking when they came again." (iv. 184.) A little later Cooper supported a Scotch mem- ber, Mr. Lockyer, whom one of the government party tried to pre- vent from speaking, though he 198 1669. SPEECHES IN RICHARD All that have spoken to it, have fallen oflf upon conse- quences. It was under force. If a law under force must bind, actum est de lege. As to the Act of Union, it was well told you, it was for another constitution that it was calculated. ■ They are persons very fit to be united to us, of the same religion, the same continent. They have been faithful and assisting to you. I am as much for the freedom of that nation as any man ; hut he that wishes his son well, does not give him his land till he come out of his guardian's hands. The case of Wales is famous. Did you admit them to a legislature at first? There are many complaints here, but not one from Scotland. I argue from thence, that they take no notice of the Union. Make the Union so sure that you may be sure that nation acquiesces in it. I am as much for the Union as any man, and when they are united, I would have them as fair a legislature as may be. They either come now on account of their own interest, or upon the interest of the Chief Magis- trate. Put the question, if they have a right to sit. spoke on the side of the govern- could then speak only on the qucs- ment " Mr. Trevor took him tion of the Scotch members with- down, and said that gentleman had drawing, and not on the question spoken to the merit of the busi- of their right ; Cooper's reply ness. — Sir A. A. Cooper. I grant means that, though that might be one ought not to speak, but, where the right principle, Mr. Lockyer, a gentleman is concerned, he may as a person interested, should be speak. — Sir Henry Vane seconded permitted to speak by way of it." (iv. 186) Mr. Trevor pro- favour, bably argued that Mr. Lockyer ckomwell's parliament. 1659, 199 20. March 21. Reports a visit to the Speaker, with a deputation from the House, to inquire after his health.* Sir Anthon3' Ashley Cooper informed the House, that on Saturday last, in the afternoon, which was the first day tliey could be dispensed with from the service of the House, Lord Fairfax, Dr. Bathurst, Mr. Weaver, and himself, in ohedience to the command and order of the House, went to visit Mr. Speaker, Chaloner Chute, at his house in the country ; and that they found him very much indisposed in his health, and very infirm and weak ; that he was much troubled that he could not attend the service of the House ; that it was a very great reviving and comfort to him, to find the House take him into their thoughts and care, and to send some of their members to visit him : for which he desired his most humble thanks might be presented to the House, and that they might be acquainted that he values their service higher than his own life, and that whensoever they shall command him he will wait on them ; and did assure them, that as soon as ever his health will permit, and that by advice from his physicians he may do it with safety, he will return to the service of the House : and prayed, that, in the mean time, the House would continue their favour towards him and dispense with his services. * Diary iv. 203 Sir Lislebone 16th. It was resolved at the same Long, who had been appointed on time, on the motion of Mr. Weaver, the 9th March to replace Mr. that a deputation should be sent Chute during illness, was himself to Mr. Chute to inquire after his taken ill and obliged to absent health. Chute died before the dis- himself on the 16th, and he died in solution, April 14; and Bampfield the course of the day. Mr. Bamp- was then elected Speaker (It. 430.) field was called to the chair on the 200 SPEECHES IN RICHAKD 21. March 21. On the question of the Scotch members.* It is a mistake. There is no such thing upon your book. Upon your papers it may be. In order of nature, legal right must be considered before any prudential. Never was any precedent, that one member should be admitted, unless the legality of his sitting could be asserted ; and if never allowed for one, why should we admit it for thirty ? It is a lessen- ing of our authority. If you will have your acts thoroughly received abroad, make them upon a legal foot. I have constantly attended this question, and the legal right came always in. A learned person told you, that you could put no other question but that of the legal right. Let not a mistake in the papers of your pre- decessors mislead you from that which is the natural question. 22. March 22. On the question of the Irish members.^ You ought, in all reason, to go first upon the legality. It will be much clearer and distincter. Then go to the convenient part. • Diary iv. 212. The division ' we have Jost it by oue hundred.' " on the right of the Scotch members The main question was then agreed took place today. On the first to without a division ; and it was question that the question be now resolved that the members re- put the Ayes were 211 and the turned to soivc for Scotland shall Noes 120. " Sir Henry Vane conliiiuo to sit as uicmbers during would have yielded, but llio Yins (his pnH-iil i)iu'i:iiiHUl." (p. 219.) would not have it. !Sir Arthur t l'i.ii> n- '-'-li. The qui-siion lIuBelrig, when ho nunc in Buiii, of llic Irish nion.bi'is was lakin Cromwell's parliament. 1659. 201 23. March 28. On a motion that this House will transact with the jiersons now sitting in the other House as a House of Parliament* ^ I have observed the fortune of the old Peers, that the saving of their rights is the asserting of the rights of these ; which is the most destructive to them that can be. It is clearly a putting others in their place, and is setting up a thing that is quite contrary. The saving of their rights is the clear proscription of their rights. ^ You are upon the greatest piece of prerogative that ever was. At once you give him a whole negative in this other House. You give him the greatest preroga- tive that ever prince had. While you have an eye to the other House, you overlook one whole negative, and reserve but half a negative to yourself I think that those additions of bounding and ap- proving do well suit with the new constitution, and reach not the old. immediately after the diyision on the right of the Scotch membera ; and the right of the Irish was ai£rmed on a dirision on March 23 by 156 votes to 106 * Diary iv. 284. Today the House resumed the debate on the question of transacting with the other House, which had been so long inlerrupted by the ques- tions of the Scotch and Irish mem- bers. It was proposed to add to the question for transacting " with the persons now sitting in the other House as a House of Parliament " these words, viz. " when they shall be approved and bounded by this House." Cooper's speech is in support of this addition. A division took place on the proposal for "approving;" and it was re- jected by 183 votes to 146. Lord Fairfax and Lambert were tellers for the minority, the Marquis of Argyle and Secretary Thurloe for the majority. The proposal for " bounding" was afterwards re- jected without a division. 202 24. 1669. SPEECHES IN litCHAKD March 28. Supiiorting a motion that the other House he limited in time, and last only for the present parliament.* [Published at the time and often reprinted.] Mr. Speaker, This day's debate is but too clear a proof that we Englishmen are right islanders; variable and mutable. * I have no doubt that thia long elaborate speech, -which was pub- lished by Sir A. A. Cooper at the time, is the one thus referred to in Burton's Diary on March 28. " Sir Anthony Ashley Cooper made a long speech till the House was fuller of those of his party, and moved to second the motion that they be but for this parliament, and would have them bounded in time." (iv. 286) Such a proposal had been made by Scot, after the rejection of the proposed additions for approval and bounding by the Commons. The Diarist remarks that neither Haselrig nor Vane was in the House in the forenoon, but Haselrig came in at one o'clock, and Vane later. The opponents of the government had endeavotued, just before Cooper made his speech, to obtain an adjournment for an hour, but had not succeeded. This was the last day of the de bates on transacting with the other House, and, after a second short speech from Sir A. A. Cooper (No. 25,) the House decided to transact with the other House " during this present parliament," and sav- ing the ri((ht of old Peers who had boon faithful. The speech hero printed has licou publishoi! in various works ; it is to be found in the Somers Tracts and Harleiaii Miscellany, in Morgan's " Fbainix Britannicus," George Villiers.Duke of Buckingham's Works, 2 vols. 1715, the old Parliamentary His- tory, and Martyn's Life. In the Somers Tracts it is reprinted from a republication in 1680 with the following title, ** A time-serving Speech spoken once in a season by a worthy member of Parlia- ment, and now thought fit to be re- printed, to prevent the occasion of having it respoken." (Somers Tracts, vi. 46G.) It was suggested by the editors of the old Parlia- mentary History that this speech was too strong to have been either spoken or published ; but there is a multitude of equally strong speeches in Burton's Diary, and afler the fall of Richard Cromwe.l, a month later, there would have been no obstacle to publication. It may be presumed that the diction has been improved in the printed speech. The strength .1' the language about Oliver Cromwell is remarkable. It has been seen that we have no certain knowledge of the causes of Cooper's sopara- liim iVoni 01i\or Crounvcll, after having boon a supporter of his ceomwell's parliament. 1659. 203 like the air we live in : for, Sir, if that were not our temper, we should not be now disputing whether, after all those hazards we have run, that blood we have spilt, that treasure we have exhausted, we should not now sit down just where we did begin, and of our own accords submit ourselves to that slavery which we have not only ventured our estates and lives, but I wish I could not say, our souls and consciences, to throw off. What others. Sir, think of this levity, I cannot tell. I mean those who steer their consciences by occasions, and can- not lose the honour they never had : but truly, Sir, for my own part, I dare freely declare it to be my opinion, that we are this day making good all the reproaches of our enemies, owning ourselves oppressors, murderers, regicides, subverters of that which we do not only ac- knowledge to have been a lawful government, but, by recalling it, confess it now to be the best : which. Sir, if it be true, and that we now begin to see aright, I heartily wish our eyes had been sooner open ; and, for three nations' sake, that we had purchased our convic- tion at a cheaper rate. We might. Sir, in '42 have been what we thus contend to be in '59; and our consciences would have had much less to answer for to Grod, and our reputations to the world. policy in the Barebone's Parlia- sures. This language could not ment, and a member of his Council have been publicly used by one twelve months after he became who had been a tool or flatterer of Protector. It may be inferred from Cromwell or under personal obli- this language that Cooper had in gatlons to him, without shame and the outset given an independent reproach ; and there is no sign in support to Cromwell in the hope the reports in the Diary of Cooper's of obtaining through him a settle- being taunted by any of the go- raent of the nation under good vernment speakers with incon- government, and had seceded from sistency or ingratitude. him, unable to support his mea- 204 1659. SPKECHKS in richard But, Mr. Speaker, I wish with all my soul I did state the case to you amiss; and that it were the question, whether we would voluntarily relapse into the disease we were formerly possessed of, and of our own accords take up our old yoke, that we with wearing and custom had made habitual and easy, and which, it may be, was more our wantonness than our pressure that made us throw it off. But this. Sir, is not now the question : >that -which we deliberate is not whether we will say, we do not care to be free, we like our old masters, and will be content to have our ears bored at the door post of their house^ and to serve them for ever ; but. Sir, as if we were contending for shame as well as servitude, we are carrying our ears to be bored at the doors oi another House ;<|>an house. Sir, vpithout a name, and therefore it is but congruous it should consist of mem- bers without family ; an house that inverts the order of slavery, and subjects us to our servants /and yet, in contradiction to Scripture, we do not only not think that subjection intolerable, but we are now pleading for it.] In a word. Sir, it is a house of so incongruous and odious a composition and mixture, that certainly the grand architect would never have so framed it, had it not been his design, as well to show the world the con- tempt he had of us, as to demonstrate the power he had over us. <. Sir, that it may appear I intend not to be so prudent, as far as my part is concerned, as to make a voluniary resignation of my liberty and honour to this excellent part of his Highness's last will and testament, 1 shall crave leave to declare in a few imrticulnrs my opinion of this other House ; wherein I cannot but promise my- Cromwell's parliament. 1659. 205 self to be favourably heard by some, and patiently heard by all : for those Englishmen who are against that House will certainly with content hear the reasons why others are so too ; those courtiers who are for it give me evidence enough to think that in nature there is nothing which they cannot willingly endure. > First, Sir, as to the author and framer of the House of Peers; let me put you miud it was he who with reiterated oaths had often sworn to be true and faithful to the government without it ; and not only sworn so himself, but had been the chief instrument both to draw and compel others to swear so too. So, Sir, the founda- tion of that noble structure was laid in perjury, and was begun with the violation and contempt as well of the laws of God as of the nation.'^ He who called monarchy anti-christian in another, and indeed made it so him- self; he who voted a House of Lords dangerous and unnecessary, and too truly made it so in his partisans ; he who with fraud and force deprived you of your liberty when living, and entailed slavery on you at his death : it is he. Sir, who has left you these worthy overseers of that his last will and testament; who, however they have behaved themselves in other trusts, we may be con- fident will faithfully endeavour to discharge themselves in this. >In a word, had that other House no other fault but its constitution and author, I should think that original sin enough for its condemnation : for I am of their opinion who think that, for the good of example, all acts and monuments of tyrants are to be expunged and erased ; that, if possible, their memory may be no longer-lived than their carcases ; and the truth is, their good laws are but snares for our liberty. < But to impute 206 1659. SPEECHES in richard to that other House no faults but its own, you may please in the first plaoe to consider of the power which his High- ness hath left it, according to that " Humble Petition and Advice," which he was pleased to give order the par- liament should present to him. For as the Bomans had Kings, his Highness had " parliaments amongst his instru- ments of slavery ;" and I hope it will be no offence for me to pray that his son may not have so too. But, Sir, they have a negative voice, and all other circumstances of that arbitrary power which made the former House intolerable ; only the dignity and quality of the persons are wanting, that our slavery may be accompanied with ignominy and affront. And now, Mr. Speaker, have we not gloriously vindicated the nation's liberty, have we not worthily employed our blood and treasure to abolish that power which was set over us by law, to have the same imposed upon us without law ? And after all that sound and noise we have made in the world, of the people's legislative power, and of the supremacy and omnipotency of their representatives, we now see there is no more power left them but what is put into the balance, and equalled by the power of a few retainers of tyranny, who are so far from being the people's choice, that the most part of them are only known to the nation by the mischiefs they have committed in it. In the next place, Sir, you may please to consider that the persons invested with that power ai'e all of them nominated by the Lord Protector (for to say by him and his Council, has in effect no more distinction than if one should say by Oliver and Cromwell.) By tluU means, the Protector himself, by his own and by his poors' nega- tive, may become in oflPect two of the three estates ; and, CROMWELL'S PARLIAMENT. 1669, 207 by consequence, is possessed of two parts of the legis- lative power. I think this can bo a doubt to no one who will but take the pains to read over the catalogue of those noble lords ; for certainly no man who reads their names can possibly fancy for what virtues or good quali- ties such a composition should be made choice of, but only the certainty of their compliance with whatsoever shall be enjoined them by their creator. Pardon. Sir, that name, for it is properly applicable where things are made out of nothing. If, in the former government, increase of nobility was a grievance, because the new nobility, having fresh obligations to the crown, were more easily led into compliance with it ; and if one of the main reasons for exclusion of bishops out of the House of Lords was because they were of the King's making, and were, in effect, so many certain votes for whatever he had a mind to carry in the house ; how much more assured will that inconvenience now be, when the Protector, who wants nothing of the King but (in every sense) the title, shall not only make and nomi- nate a part, but of himself constitute the whole ? In a word. Sir, if our liberty was endangered by the former House, we may give it up for lost in the other House : and it is in all respects as secure and advantageous for the liberty of the nation, which we come hither to redeem, to allow this power to his Highness's ofBcers and chaplains, as to his other creatures and partisans in this other House. Now, having considered. Sir, their author, power, and constitution, give me leave to make some few observa- tions, though but in general, on the persons themselves vyho are designed to be our lords and masters ; and let 208 1659. SPEECHES in richard us see what either the extraordinary quality or qualifica- tions are of these egregious legislators, which may justify their choice, and prevail with the people to admit them at least into equal authority with the whole representa- tive body of themselves. But what I shall speak of their quality, or anything else concerning them, I would be thought to speak with distinction, and to intend only of the major part ;>for I acknowledge, Mr. Speaker, the mixture of the other house to be like the composition of apothecaries, who mix something grateful to the taste to qualify their bitter drugs, which else, perhaps, would be immediately spit out and never swallowed.'^ So, Sir, his Highness, of deplorable memory to this nation, to coun- tenance as well the want of quality as honesty in the rest, has nominated some against whom there lies no other reproach but only that nomination ; but not out of any respect to their quality or regard to their virtues, but out of regard to the no-quality, the no-virtues of the rest ; which truly, Mr. Speaker, if he bad not done, we could easily have given a more express name to this other House than he hath been pleased to do N for we know a house designed for beggars and malefactors is a house of correction, and so termed by our law :^but, Mr. Speaker, setting those few persens aside, who, I hope, think the nomination a disgrace, and their ever coming to sit there a much greater, can we without indignation think of the rest? He who is first iu their roll, a con- demned coward ; one that out of fear and baseness did once what he could to betray our liberties, and now does the same for gain.* The second, a person of as little • Nathaniel Fionnes, socond son in Iho beginning of the Civil War of Viscount Saye and Sole, who had surrendered Bristol to the CROMWELL'S PARLIAMENT. 1659, 209 sense as honesty ; preferred for no other reason but hia no-worthj his no-qonsoience ; except cheating his father of all he had was thought a virtue by him, who, by sad experience we find, hath done as much for his mother, — his country.* The third, a Cavalier, a Presbyterian, an Independent ; for the Eepublio, for a Protector, for every- thing, for nothing, but only that one thing, — money, f It were endless. Sir, to run through them all ; to tell you of the lordships of seventeen pounds a year land of inheritance ; of the farmer lordships, draymen lordships,! cobbler lordships,! without one foot of land but what the blood of Englishmen has been the price of. These, Sir, are to be our rulers, these the judges of our lives and fortunes ; to these we are to stand bare whilst their pageant lordships deign to give us a conference on their breeches. Mr. Speaier, we have already had too much experience how insupportable servants are when they become our masters. All kinds of slavery are miserable in the account of generous minds ; but that which comes accompanied with scorn and contempt stirs up every man's indignation, and is endured by none whom nature does not intend for slaves, as well as fortune. King's army without making any t This is supposed to refer to defence, and had been condemned Lord Broghjll, after the Restora- to death by a Court martial, but tion created Earl of Orrery. One pardoned by the Earl of Essex, would imagine that Cooper ex- the general in chief. He was now posed himself by these words to one of the Commissioners of the a retort on his own changes, though Great Seal, and one of Richard his pecuniary disinterestedness Cromwell's chief advisers. His could not be called in question, father and a younger brother John t This refers to Colonel Pride, were also named by Cromwell who had been a brewer and, it is members of his House of Lords ; said, had begun as a drayman, the father did not sit. || Colonel Hewson had been a * I do not Know which of Crom- shoemaker, well's Lords is here referred to. P 210 1659. SPEECHES IN RICHARD I say not this, Mr. Speaker, to revile any man with his meanness ; for I never thought either the malignity or indulgenoe of fortune to he, with wise or just men, the grounds either of their good or ill opinion. Mr. Speaker, I hlame not in these men the faults of their fortune any otherwise than as they make them their own : I object to you their poverty, because it is accom- panied with ambition ; I remind you of their quality, because they themselves forget it : it is not the men I am angry with, but their Lordships. Sir, though we easily grant poverty and necessity to be no faults, yet we must allow them to be great impediments in the way of honour, and such as nothing but extraordinary merit and virtue can remove. The Scripture reckons it amongst Jeroboam's great faults, " that he made priests of the meanest of the people :" and sure it was none of the virtues of our Jeroboam, who hath set up his calves too, and would have our tribes come up and worship them, that he observed the same method in making lords- One of the few requests the Portuguese made to Philip the Second, King of Spain, when he got that kingdom, as his late Highness did this, by an army, was, that he would not make nobility contemptible by advanc- ing such to that degree whose quality or virtue could b« noways thought to deserve it. Nor have we formerly been less apprehensive of such inconveniences ourselves. It was, in Richard the First's time, one of the Bishop of Ely's accusations, that castles and forts of great trust he did — ' obscuris et ignotis hominibus tradere' — put in the hands of obscure and unknown men. But we, Mr. Speaker, to such a kind of men are delivering up the power of our laws, and, in that, tho power of all. Cromwell's parliamknt. 1659. 211 In the 17th of Edward the Fourth, there passed aa act of parliament for degrading John Nevil, Marquis Montague and Duke of Bedford : the reason expressed in the act, hecause he had not a revenue sufficient for the maintaining of that dignity ; to which was added, when men of mean birth are called to high estate, and no livelihood to support it, it induceth briberies and extortions, and all kinds of injustice that are followed by gain. And iu the parliament of 2nd of Charles the peers, in a petition against Scottish and Irish titles, told the King, that it was a novelty without precedent that men should possess honours where they posseseed nothing else, and that they should have a vote in parliament where they have not a foot of land. But if it had been added, or have no land but what is the purchase of their vil- lainies, against how many of our new peers would this have been an important objection? To conclude : it has been a very just and reasonable care among all nations, not to render that despised and contemptible to the people which is designed for their reverence and awe ; and, Sir, an empty title, without quality or virtue, never procured any man this, any more than the image in the fable made the ass adored that carried it. After their quality, give me leave to speak a word or two of their qualifications; which certainly ought, in reason, to carry some proportion with the employment they design themselves. The House of Lords are the King's great hereditary Council ; they are the highest Court of judicature ; they have their part in judging and determining of the reasons for making new laws and abrogating old : from amongst them we take our great officers of state; they are commonly our generals at 212 1669. SPEECHES IN RICHARD land, and our admirals at sea. In conclusion, they are both .of tlie essence and constitution of our old govern- ment ; and have, besides, the greatest and noblest share in the administration. Now, certainly. Sir, to judge according to the dictates of reason, one would imagine some small faculties and endowments to be necessary for discharging such a calling ; and those such as are not usually acquired in shops and warehouses, nor found by following the plough : and what other academies most of their lordships have been bred in but their shops, what other arts they have been versed in but those ■which more required good arms and good shoulders than good heads, I think we are yet to be informed. Sir, we commit not the education of our children to ignorant and illiterate masters ; nay, we trust not our horses to unskilful grooms. I beseech you, let us think it belongs to us to have some care into whose hands we commit the management of the commonwealth ; and if we cannot have persons of birth and fortune to be our rulers, to whose quality we would willingly submit, I beseech you. Sir, for our credit and safety's sake, let us seek men at least of parts and education, to whose abili- ties we may have some reason to give way. If a patient dies under a physician's hand, the law esteems that not a felony, but a misfortune, in the physician : but it has been held by some, if one who is no physician under- takes the management of a cure, and the party miscar- ries, the law makes the empiric a felon ; and sure, in all men's opinion, the patient a fool. To conclude. Sir, for great men to govern is ordinary ; for able men it ia natural : knaves many times come to it by foroe and necessity, and fools sometimes by chance ; but universal CEOMWELLS PAELIAMENT. 1669. 213 choice and election of fools and knaves for government was never yet made by any who were not themselves like those they chose. But methinks, Mr. Speaker, I see ready to rise after me some gentlemen that shall tell you the good services their new lordships have done the commonwealth ; that shall extol their valour, their godliness, their fidelity to the cause. The Scripture, too, no doubt, as it is to all purposes, shall be brought in to argue for them ; and we shall hear of " the wisdom of the poor man that saved the city ;" of the not many wise, not many mighty ; attributes that I can no way deny to be due to their lordships. Mr. Speaker, I shall he as forward as any man to declare their services, and acknowledge them ; though I might tell you that the same honour is not purchased by the blood of an enemy and of a citizen ; that for victories in civil wars, till our armies marched through the city, I have not read that the conquerors have been so void of shame as to triumph. Csesar, not much more indulgent to his country than our late Pro- tector, did not so much as write public letters of his victory at Pharsalia ; much less had he days of thanks- giving to his gods, and anniversary feasts, for having been a prosperous rebel. But, Sir, I leave this argument ; and, to be as good as my word, come to put you in mind of some of their services, and the obligations you owe them for the same. To speak nothing of one of my Lords Commissioners' valour at Bristol, nor of another noble lord's brave ad- venture at the Bear-garden,* I must tell you. Sir, that * The person here referred to is having cruelly killed a number of Colonel Pride, who is accused of bears, in suppressing bear-baiting, 214 1659. SPEECHES IN RICHARD most of them have had the courage to do things which, I may boldly say, few other Christians durst so have adventured their souls to have attempted : they have not only subdued their enemies, but their masters that raised and maintained them ; they have not only conquered Scotland and Ireland, but rebellious England too, and there suppressed a malignant party of magistrates and laws ; and, that nothing should be wanting to make them indeed complete conquerors, without the help of philo- sophy they have even conquered themselves.> All shame they have subdued as perfectly as all justice; the oaths they have taken, they have as easily digested as their old General could himself; public covenants and engage- ments they have trampled under foot. In conclusion, so entire a victory they have over themselves, that their consciences are as much their servants, Mr. Speaker, as we are. ^ut give me leave to conclude with that which is more admirable than all this, and shows the confidence they have of themselves and us: after having many times trampled on the authority of the House of Com- mons, and no less than five times dissolved them, they hope, for those good services to the House of Commons, to be made a House of Lords. '^ I have been over long, Sir, for which I crave your pardon ; therefore, in a word, I beseech you let us think it our duty to have a care of two things: first, that villainies be not encouraged with the rewards of virtue ; us Sheriff of Surrey. See a lum- for his iuhumou murder of tho pjon printed in the Harleian Mis- Bears in llic Boor-garden when he collany vol. iii. p. 136 : " The was High ShoritT of Surrey, taken Last Speech and Dying Words of in shorthand by T. S. late clerk in Thomas (Lord, aliaa Ciilonol) his Lordship's Brewhouse." Pride, being touched in consrionro Cromwell's parliament. 1659. 215 secondly, that the authority and majesty of the govern- ment of this nation he not defiled, and exposed to con- tempt, hy committing so considerahle a part of it to persons of as mean quality as parts. The Thehans did not admit merchants into government till they had left their traffic ten years : sure it vyould have been long before cobblers and draymen would have been allowed. Sir, if the wisdom of this house shall think we have been hitherto like the prodigal ; and that now, when our necessities persuade us, i e. that we are almost brought to herd it with swine, it is time to think of a return; let us without more ado, without this motley mixture, even take our rulers as at the first, so that we can but be reasonably secured to avoid our counsellors as at the beginning. Give me leave, Sir, to release your patience with a short story. Livy tells us there was a state in Italy, an aristocracy, where the nobility stretched the prerogative too high, and presumed too much on the people's liberty and patience ; whereupon the discontents were so general and so great, that they apparently tended to a dissolu- tion of government, and the turning of all things into anarchy and confusion. At the same time, besides these distempers at home, there was a potent enemy ready to fall on them from abroad, that had been an over-match for them when united ; but now, in these disorders, was like to find them a very ready and easy prey. A wise man, Sir, in the city, who did not all approve of the insolence of the nobility, and as little liked popular tumults, thought of this stratagem, to cozen his country into safety. Upon a pretence of counsel, he procured the nobility to meet all together ; which when they had 216 1659. SPEECHES IN RICHARD done, ho found means to lock the doors upon them, went away himself, and took the keys ; then immediately summoned the people ; told them, by a contrivance of his he had taken all the nobility in a trap ; that now was the time to be revenged on them for their insolences ; that, therefore, they should immediately go along with him and despatch them. Sit, the oflBcers of our array, after a fast, could not be more ready for the villainy than these people were ; and accordingly they made as much haste to the slaughter as their Lord Protector could desire. But, Sir, this wise man I told you of was their Lord Pro- tector indeed. As soon as he had brought the people where the parliament was sitting, and when they ex- pected but the word to fall to the butchery ; " Gentlemen," says he, " though I would not care how soon this work of reformation were over, yet, in this ship of the com- monwealth, we must not throw the steersmen overboard till we have provided others for the helm. Let us con- sider, before we take these men away, in what other hands we may securely trust our liberty and the management of the commonwealth." And so he advised them, before the putting down of the former, to bethink themselves of constituting another House. He began and nominated one, a man highly cried up in the popular faction, a confiding man, one of much zeal, little sense, and no quality ; you may suppose him, Sir, a zealous cobbler. The people, in conclusion, murmured at this, and were loth their fellow mutineer, for no other virtue but mutinying, should come to bo advanced to be their master; and by their looks and murmurs suffioioiUly oxprosBod tlie discontent thoy tonk lU wuuli a nuUioii. Tliuu ho nominated nnothoi', us uioiin u nii'dmnic ns iho Cromwell's parliament 1659. 217 former ; you may imagine him, Sir, a bustling rude dray- man, or the like : he was no sooner named but some burst out a laughing, others grew angry and railed at him, and all detected and scorned him. Upon this a third was named for a lordship, one of the same batch, and every way qualified to sit with the other two. The people then fell into a confused laugh and noise, and inquired, if such were lords, who, by all the gods ! would be content to be commoners ? Sir, let me be bold, by the good leave of the other House and yours, to ask the same question. But to conclude this story, and with it the other House, when this wise man I told you of perceived they were now sensible of the inconve- nience and mischief they were running into, and saw that the pulling down their rulers would prove in the end but the setting up their servants, he thought them then prepared to hear reason, and told them, " You see," says he, " as bad as this government is, we cannot, for anything I see, agree upou a better : what then if, after this fright we have put our nobility in, and the demonstration we have given them of our power, we try them once more whether they will mend, and for the future behave themselves with more moderation ?" The people were so wise as to comply with that proposition, and to think it easier to mend their rtilers than to make new. And I wish, Mr. Speaker, we may be so wise as to think so too. 218 1659. SPEECilES IN UICHARD 26. March 28. Supporting a further addition to the vote for transacting with the other House during this Parliament, viz., " and no longer unless con- firmed by Act of Parliament."* I find many additions to help this question forward, but none to explain it. I see no danger in the addition, " and no longer." It shakes not yourselves, unless you distrust your senses I could as ill venture as any man, without an indemnity. f Without this addition, what you have done is but like that reservation for the Lords. * Diary iv. 291. The House had agreed to the addition of the words, " during this present parlia- ment." It was then moved to add further, " and no longer unless confirmed by Act of Parliament." This proposal was not pressed to a division ; and today the debate on transacting with the other House came to a conclusion, and the fol- lowing resolution was affirmed by 198 votes to 125 : " That this House will transact with the per- sons now silting in the other House as a House of Parliament during this present Parliament, and that it is not hereby intended to exclude such peers as have been faithful to the Parliament from their privilege of being duly summoned to serve as members of that House." ■(■ It has been seen that, when the King and Myde were endeavouring after the fall of Richard Cromwell to engage Cooper on their side, he spoke of his liuing probably regarded as a delinquent by Charles, and of his estate being in danger if the King were restored. See p. 124, note. There is no doubt whatever that from the time when Cooper left the King's party in the beginning of 1644 to the eve of the Restoration he had no correspondence of any sort with the King or any of his agents; and that, when he acted at the last in the Restoration, he acted with the Presbyteiian party, and had no separate private correspondence with the King or the King's friends, as had Monk, Montagu, and Howard. The misrepresentations of eulogists have contributed largely to confuse the history of Shaftesbury's early life. Thus it is stated in the three trumpery biographies published im- mediately after Shaftesbury's death, " Rawleigh Redivivus," the '* Co i.- plete Statesman,'' and tlie short biography primed in the llarleian Miscellany, that he kept '• a constant correspondence with the myal party, and that almost to thehaiard of his lifennl family, " and that "his cor- respondence with the King'."; friends is not unknortn to lliose that were the principal managers of his Majesty's afliiirs at that lime." It may be CROMWELL'S PARLIAMENT. 1659. 219 26. March 29. On a hill proposed by Mr. Bulkeley for settling the revenue* There is nought can destroy us like that which we like. I am apt to suspect this hill. It is an adnaitting all those laws to he good, for settling tonnage and poundage. The bill ought not to have been brought in, but by your order. I would have a bill brought in that may settle and establish the tonnage and poundage for so many years, lest this be a precedent, to admit so many laws together. Therefore reject this bill, and bring in another bill. 27. April 1. Proposing an amendment on the Revenue Bill. Will you settle this revenue, and not in the body of your government, to see what your money shall go to support ? It is not yet said what hand you shall have in any thing. Once declare money, they may go on without you. The money is paid already. I would have you put no discountenance upon it. Make a previous vote, that after this present Parliament none shall presume to levy this duty. That will keep it afoot this Parliament; and, in the mean time, you may settle it. Nobody can stated most positively that there was the other House having been dis- no such correspondence. These posed of, and it having been settled misstatements, intended for Shaftes- to transact with them, it was imme- bur/s exaltation, have necessarily diately proposed to discuss a bill for largely contributed to the common settling taxes for the life of Richard belief of his treachery. Cromwell, Protector, and for a cer- * Diary iv. 296. 'J'he question of tain time afier his death. 2:20 1659. sPKEcriEs in riciiaud complain why they want money, if we be dissolved. If you have not time to grant it, and be willing to it, you are excused. I shall offer this previous vote : and he read it and put it to the table. He said it was not his own, but Mr. Neville's. " Eesolved and declared, that no law for excise shall be of force, nor excise levied, after the end or other deter- mination of this Parliament." * 28. April 2. In a debate on a proposed Declaration for a day of public humiliation, and supportitnj a ■proposal to insert words expressing sorrow for the past succession of contradictory oaths. \ * Diary iv. 324. A similar re- solution was passed without a division. *' Resolved, and be it declared by this House that from aud after the end or other de- termination of tliis present Parlia- ment no excise, customs, or other imposts be demanded, levied, re- ceived, or paid by any of the people of this Comraonwealth by virtue of any act, ordinance, order or declara- tion whatsoever now in being, or which hereafter shall be, other than what ^hall be agreed upon and con- sented to by this House." This resolution quite thwarted the object of the mover of the Bill. The House had been disorderly during a rambling speech made by a Mr. Broughton, and Cooper is reported as supporting the Speaker against an observation of Sir H. \ nne. " Mr. Speaker, observing a great noiae, stood up lo prescrvo thu gravity of the House and to desire that every man might keep to the point. — Sir Henry Vane. I ask if it be in the power of jour Chair to take any man down, because he speaks not to your sense or has not such abilities as reside there. — Mr, Attorney General. The Chair de- served no check. He moved against the disorder to the end he might be heard, — .itr A. A. Cooper. The Chair may take o6f impeitinent speeches. — Mr. Trevor. I move that the gentleman go on. He was hunting, and I hoped he would find something in the conclusion. — Mr, Solicitor General. I move to hear hnn out. He is of abi)it4es, and will very much show lliem, if ha can draw his conclusion from what he has spoken." (p. ,1Jr>.) t Diary iv. .'V13, .\ Couimiitee had bi'cn ii^\u.ihI ou March 30 to prt'puro a Declaration setting forth CROMWELL'S PARLIAMENT. 1659. 221 This is a mutter of that consequence that it ought not to be passed by without your notification. tlie reasons for appointing a day of fasting and public humiliation through the three nations. Sir A. A. Cooper had then taken part in the debate, and had suggested a Declaration rather than a Bill. " Let it pass rather by a Bill than by a Declara- tion." (p. 300) He had been named a member of the Committee. The House today discussed a Decla- ration reported by the Committee, and after the discussion of other amendments a Mr. Charlton said, " I would have a clause added, to mourn for the contradictory oaths. A sad thing, if all oalhs should be written in a paper that a man has taken upon every imposition. — Mr. Salwey seconded tlie motion. — Mr. Hewley. Those oaths were but personal and temporal. Let us have no retrospect, but look forward, to prevent it for the future " Then Cooper spoke, contending that the suggestion was too important to be passed over, and here the report of the discussion ends. The debate was adjourned. The declaration was adopted, after some further dis- cussion, on the 5th of April ; and it was settled after further discus- sion about the " other House," that its title should be " A Declara- tion of the Lord Protector and both Houses of Parliament." It then became the subject of the first " transaction" with the '• other House ;" but not till after much discussion as to the mode in which the " other House" should be communicated with, and the ap- pointment of a Committee to con- sider the forms. The House re- solved, on the recommendation of the Committee. 1. " That such messages as shall be sent from this House to the other House shall be carried by members of this House," and 2. " That such messages as shall be sent from the other House to this House shall not be received, unless brought by members of their own number." The second resolution was carried against the government by 127 votes to 114. The Diarist remarks, " This was frustra expfictationem. Query, the consequence ? It was the first question that ever the Republicans got." (iv. 378, April 8.) The message was at last sent up on the 14th of April, entrusted to one member, Mr. Grove, the original mover for a day of fasting. The Diarist accompanied him to the " other House," and thus reports what passed this day on that sub- ject. " I came late, and found the House in debate about Mr. Grove's going to the other House with the Declaration for the fast. Mr. Grove desired instructions, whether we might stay for an answer. — Mr. Bodurda. It is not rational that he should come away with- out an answer. I only know two cases, where a messenger does not stay for an answer : 1. when a herald goes to proclaim war, 2. when an apparitor comes to serve a citation ; he claps it upon the door and runs away for fear of a beating. — Mr. Salicay. I perceive they are not sitting in the other 'V>-7 1(3;)!). SPEECHES IN RICHARD House ; moat of them are at Wallingford house. — It seems ao they were, and not above four in the House, but they were gathering up their numbers, while we were debating. — The question was put, that Mr. Grove, when he hath de- livered his message to the persons sitting in the other House, shall return to this House without stay- ing for any answer. The question wasmisput; it ought not to have been put with a negative in it. — Mr. Speaker declared for the Noes, Mr. for the Yeas, and that the Yeas go out. — Sir Arthur Haslerig and others moved that the Noes go out, because it was not new, but the Yeas went out. — Yeas, 100, Lord Fulkland and Sir Arthur Haslerig, tellers ; Noes 144, Mr. Annesley and Sir Cople- stone Bampfield, tellers. So it passed in the negative. — Sir Arthur Haslerig said he had the worst luck in telling of any man, and so it proved. — Mr. Grove, attended by above fifty members, quorum myself, carried the Declaration to the other House accordingly. After a little stay at the door, for the Lords were reading a bill, Mr. Grove was called in. He and all the members stood bare, by the walls, while the Lord-keeper Fiennes and most of the Lords came down to the bar. We made one leg, and then went up to the high step ; and before Mr. Grove ascended, we made another leg. He delivered his message, his verbis, without giving them any title, for so was the sense of the House. ' The Knights.Citijcns, and Burgesses, assembled in the House of Commons, have commanded mo to present tliis Declaration for a public faBt to you, wherein they desire the concurrence of this House.' The Lords were bare all the time, and we withdrew, with two legs. After a little stay we were again called in, and as- cended the step with the same ceremony; all the Lords bare, sitting in their places, except Lord Fiennes who was covered, but who stood up bare and returned their answer. ' The Lords,' and then made a pause, as if it had been mistaken — ' this House will return an answer to you by messengers of their own.' Whereupon we with- drew with the same ceremony- It seems, after we were all gone out, one of the Lords called to Mr. Grove and told him they desired our excuse for making us stay so long, for they had read half the Declaration before they knew that we stayed. Else they would have despatched us sooner. — Mr. Grove reported this in effect to the House at our return ; only he left out that passage, that they said " The Lords," while we were delivering the message." (iv. 426-8.) There was a little discussion the next day as to the entry to be made in the Journals of Mr. Grove's report. " Mr. Speaker. I desire to know what part of the report which Mr. Grove made yesterday, you would have entered in your Journal. The whole narrative was read, — Lord Falkland. If you cnlcr all, you will be laughed at for your reward. — Jiff. Grnrc. If you enter all, outer also that tlicre was such a crowd dial 1 could nol go in, and had like to have gone without my cloak. — Colonel IKAiVr. Knter all. Cromwell's parliament. 1659. 223 save that part of the colloquy be- tween Mr. Grove and the single member, that being no act of tlie other House. — Mr. Speaker (and it -was the sense of the House.) Leave it to the Commiitee ap- pointed to peruse the Journal, to insert whAt they think fit." (p. 4.34, April 15, and see the entry in the Journals, April 14, which is very short.) While the House of Commons was engaged in these solemn discussions of forms, grave questions of substance were rapidly ripening, comparatively unheeded, into danger. The gathering of the military Lords, noted by the Diarist, at Wallingford house was for an object, hostile to Richard Cromwell's ooramandership of the army, which, one week after Mr. Grove's visit to the Lords, wrought the dissolution of the Parliament and destruction of the Protectorate. The parliamentary triumphs of the government over its Republican and Presbyterian opponents availed it nothing ; and tlie fatal blow came to Richard Cromwell from the military magnates, so numerously represented in the House of Lords, for which his government had borne so much labour and odium in the House of Commons. A large party of officers, headed by Fleetwood and Desborough, had early shown jealousy of Richard Cromwell as Commander-in-chief. The parliamentary opposition, though always vanquished by num- bers, had necessarily weakened the government ; and as the govern- ment became weaker, Fleetwood's party became bolder. A general Council of oiEcers had regularly sat at Wallingford house by Richard Cromwell's permission ; and they now passed resolutions in offensive language recommend- ing the transfer of the chief com- mand of the army to some fit person in whom they could con- fide. Fleetwood was the person designed. Tiiere was now an understandhig between the Wal- lingford house officers and the Republican party, who merged for the time their differences and mutual distrust in sympathy of opposition to Richard Cromwell. The Protector appealed to the Parliament. After a warm discus- sion on the 18th of April, it was re- solved, " 1. That, during the sitting of the Parliament, there shall be no General Council or meeting of the ofScers of the army, without the direction, leave, and authority of his Highness, the Lord Pro- tector, and both Houses of Parlia- ment. 2. That no person shall have or continue any command or trust in any of the armies or navies of England, Scotland, or Ireland, or any the dominions or territories thereto belonging, who shall refuse to subscribe, that he will not dis- turb nor interrupt the free meet- ings in Parliament of any of the members of either House of Par- liament, or their freedom in their debates and counsels." These votes were sent up to the other House for their concurrence. The "Lords" promised to send an answer by messengers of their own, and determined by one vote to debate the resolutions offered for their concurrence. Richard Cromwell did not wait foi the de- cision of the House of Lords, hut, acting on the advice of his Council, 224 1659. SPKECHR8 IN RICHARD ordered the dissolution of the military Council at Wallingford house. This, however, was an act of boldness, which he had neither strengtli of character nor power in the army to maintain. Fleetwood and Desborough appealed to force, counted their regiments against Bichard's, demanded the dissolu- tion of the parliament; and Richard had no alternative but to comply. On Friday the 22nd April, the House of Commons met in alarm, and after an uneasy sitting adjourned to the following Monday. On the evening of Friday a dissolution was pro- claimed ; and the doors of the House were locked, and guards placed round the approaches to prevent the members from again meeting. This was the end of Richard Cromwell's Protectorate. See note at p. 119. (Ludlow's Memoirs, ii. 631—642. Sir R. Baker's Chronicle, p. 641, ed. 1684. Comm. Joum. April X8— 22. Burton's Diary iv. p. 448 and scqq. Guizot, Protectorat de Richard Cromwell, &c., 1. 112—129.) THE END. Albeuarlb Stbbbt, LONDOHr. 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