No More Learning

judge all appeals, which should be made upon and

pointed. a g ams t a ll sentences given by the judge of the ad-

miralty and his deputies ; and these were all privy

counsellors, the earl of Lautherdale, the lord Ash-

ley, and the secretaries of state, who were like to

The injus- be most careful of the king's profit. But then the

tice of their

sentences, rules which were prescribed to judge by were such
as were warranted r by no former precedents, nor s
acknowledged to be just by the practice of any
neighbour nation, and such as would make all ships
which traded for Holland, from what kingdom so-
ever, lawful prize ; which was foreseen would bring
complaints from all places, as it did as soon as the
war begun. French and Spaniard and Swede and
Dane were alike treated; whilst their ambassadors
made loud complaints every day to the king and
the council for the injustice and the rapine, without
remedy, more than references to the admiralty, and
then to the lords commissioners of appeal, which in-
creased the charge, and raised and improved the
indignity. Above all, the Hanse -Towns of Ham-
burgh, Lubeck, Bremen, and the rest, (who had
large exemptions and privileges by charter granted
by former kings and now renewed by this,) had the
worst luck ; for none of them could ever be distin-
guished from the Dutch. Their ships were so like,
and their language so near, that not one of their

r warranted] Omitted in MS. ? nor] and



EDWARD EARL OF CLARENDON. 335

vessels were met with, from what part of the world 1665.
soever they came, or whithersoever they were t
bound, but they were brought in u ; and if the evi-
dence was such as there could be no colour to retain
them, but that they must be released, they always
carried with them sad remembrances of the com-
pany they had been in.

There was one sure rule to make any ship prize,
which was, if above three Dutch mariners were
aboard it there need no x further proof for the for-
feiture ; which being no where known could not be
prevented, all merchants' ships, when they are ready
for their voyage, taking all seamen on board of what
nation soever who are necessary for their service :
so that those Dutchmen who run from their own
country to avoid fighting, (as very many did, and
very many more would have done,) and put them-
selves on board merchants' ships of any other coun-
try, where they were willingly entertained, made
those ships lawful prize in which they served, by a
rule that nobody knew nor would submit to.

It was resolved that all possible encouragement TOO much
should be given to privateers, that is, to as many ^"g^i
as would take commissions from the admiral to set * pnva "

iccrs.

out vessels of war, as they call them, to take prizes
from the enemy ; which no articles or obligations
can restrain from all the villany they can act, and
are a people, how countenanced soever or thought
necessary, that do bring an unavoidable scandal, and
it is to be feared a curse, upon the justest war that
was ever made at sea. A sail ! A sail ! is the word
with them ; friend or foe is the same ; they possess

1 were] Omitted in MS. * no] Omitted in MS.

in] Not in MS.



336 CONTINUATION OF THE LIFE OF

1665. all they can master, and run with it to any obscure
"place where they can sell it, (which retreats are
never wanting,) and never attend the ceremony of
an adjudication. Besides the horrible scandal and
clamour that this classis of men brought upon the
king and the whole government for defect of justice,
the prejudice which resulted from thence to the
public and to the carrying on the service is unspeak-
able: all seamen run to them. And though the
king now assigned an ample share of all prizes
taken by his own ships to the seamen, over and
above their wages ; yet there was great difference
between the condition of the one and the other : in
the king's fleet they might gain well, but they were
sure of blows, nothing could be got there without
fighting ; with the privateers there was rarely fight-
ing, they took all who could make little resistance,
and fled from all who were too strong for them.
And so those fellows were always well manned,
when the king's ships were compelled to stay many
days for want of men, who were raised by press-
ing and with great difficulty. And whoever spake
against those lewd people, upon any case whatso-
ever, was thought to have no regard for the duke's
profit, nor to desire to weaken the enemy.

In all former wars at sea, as there was great care
taken to appoint commissioners for the sale of all
prize-goods, who understood the value of those com-
modities they had to sell, yet were compelled to sell
better bargains than are usually got in public mar-
kets ; so there was all strictness used in bringing
all receivers to as punctual an account, as any other
of the king's receivers are bound to make, and to
compel them to pay in all the money they receive



EDWARD EARL OF CLARENDON. 337

into the exchequer, that it might be issued out to the 1665.
treasurer of the navy or to other officers for the""
expense of the war. And it had been a great argu-
ment in the first consultations upon this war, " that
" it would support itself; and that after one good ,
" fleet should be set out once to beat the Dutch,"
(for that was never thought worthy of a doubt,)
" the prizes, which would every day after be taken,
" would plentifully do all the rest ; besides the great
" sum that the Dutch would give to purchase their
" peace, and the yearly rent they would give for
" the liberty of fishing ;" with all which it was not
thought fit to allow them " to keep above such a
" number of ships of war, limited to so many ton and
" to so many guns ;" with many particulars of that
nature, which were carefully digested by those who
promoted the war. But now, after this supply given
by the parliament, there was no more danger of
want of money : and many discourses there were,
" that the prize-money might be better disposed in
" rebuilding the king's houses, and many other good
" uses which would occur ;" and the king forbore
to speak any more of appointing receivers and trea-
surers for that purpose, when all or most other offi-
cers, who were judged necessary for the service,
were already named ; and the lord treasurer, who
by his office should have the recommendation of
those officers to the king, had a list of men, who for
the reputation and experience they had were in his
judgment worthy to be trusted, to be presented to
the king when he should enter upon that subject.
But one evening a servant of the lord Ashley



ley obtains

came to the chancellor with a bill signed, and de- a grant a P -
sired in his master's name, " that it might be sealed hf

VOL. II. Z



338 CONTINUATION OF THE LIFE OF

1665. " that night. " The bill was, " to make and consti-
surer of " tute the lord Ashley treasurer of all the money



prize- ^at should be raised upon the sale of all prizes,

money.

" which were or should be taken in this present
" war, with power to make all such officers as should
" be necessary for the service ; and that he should
" account for all monies so received to the king him-
" self, and to no other person whatsoever, and pay
" and issue out all those monies which he should re-
" ceive, in such manner as his majesty should ap-
" point by warrant under his sign manual, and by no
" other warrant ; and that he should be free and ex-
" empt from accounting into the exchequer. " When
the chancellor had seen the contents, he bade the
messenger tell his lord, " that he would speak with
" the king before he would seal that grant, and that
" he desired much to speak with himself. "
The chan- The next morning he waited upon the king, and
monstrates informed him " of the bill that was brought to him,



seatihg this " an d doubted that he had been surprised : that it
grant. was no t; on iy such an original as was without any
" precedent, but in itself in many particulars de-
" structive to his service and to the right of other
" men. That all receivers of any part of his re-
" venue were accountable in the exchequer, and
" could receive their discharge in no other place :
" and that if so great a receipt, as this was already,"
(for the fleet of wine and other ships already seized
were by a general computation valued at one hun-
dred thousand pounds,) " and as it evidently would
" be, should pass without the most formal account ;
" his majesty might be abominably cozened, nor
'" could it any other way be prevented- And in the
" next place, that this grant was not only deroga-



EDWARD EARL OF CLARENDON, 339

" tory to the lord treasurer, but did really degrade 1665.
" him, there being another treasurer made more ab-
" solute than himself, and without dependence upon
" him. " And therefore he besought his majesty,
" that he would reconsider the thing itself and hear
" it debated, at least that the treasurer might be
" first heard, without which it could not be done in
" justice :" to which he added, " that he would speak
" with the lord Ashley himself, and tell him how
" much he was to blame to affect such a province,
" which might bring great inconveniences upon his
" person and his estate. "

He quickly found that the king had not been
surprised in what he had done, " which," he said,
" was absolutely in his own power to do ; and that
" it would bring prejudice only to himself, which he
" had sufficiently provided against. " However, he
seemed willing to decline any thing that looked like
an affront to the treasurer, and therefore was con-
tent that the sealing it might be suspended till he
had further considered.

The lord Ashley came shortly to the chancellor,
and seemed " to take it unkindly that his patent
" was not sealed :" to which he answered, " that he
" had suspended the immediate sealing it for three
" reasons ; whereof one was, that he might first
" speak with the king, who he believed would re-
" ceive much prejudice by it ; another, that it would
" not consist with the respect he owed to the lord
" treasurer, who was much affronted in it, to seal it
" before he was made acquainted with it. And in
" the last place, that he had stopped it for his,
" the lord Ashley's, own sake : and that he believed
*' he had neither enough considered the indignity

z 2



1665. " that was offered to the lord treasurer, to whom he
~~ " professed so much respect, and by whose favour
" and powerful interposition he enjoyed the office he
" held, nor his own true interest, in submitting his
" estate to those incumbrances which such a receipt
" would inevitably expose it to. And that the ex-
" emption from making any account but to the king
" himself would deceive him : and as it was an un-
" usual and unnatural privilege, so it would never
" be allowed in any court of justice, which would
" exact both the account and the payment or lawful
" discharge of what money he should receive ; and
" " if he depended upon the exemption he would live
" to repent it. "

He answered little to the particulars more than
with some sullenness, " that the king had given
" him the office, and knew best what is good for his
" own service ; and that except his majesty retracted
" his grant, he would look to enjoy the benefit of it.
" That he did not desire to put an affront upon the
" lord treasurer ; and if there were any expressions
" in his commission which reflected upon him, he
" was content they should be mended or left out :
" in all other respects he was resolved to run the
" hazard. "

The treasurer himself, though he knew that he
was not well used, and exceedingly disdained the
behaviour of his nephew, (for the lord Ashley had
married his niece,) who he well knew had by new
friendships cancelled all the obligations to him, would
not appear to oppose what the king resolved, but sat
The king unconcerned, and took no notice of any thing. And

obliges him . , . . .

to seal it. so within a short time the king sent a positive order
to the chancellor to seal the commission ; which he



EDWARD EARL OF CLARENDON. 341

could no longer refuse, and did it with the more 1665.
trouble, because he very well knew, that few men ~
knew the lord Ashley better than the king himself
did, or had a worse opinion of his integrity. But
he was now gotten into friendships which were most
behooveful to him, and which could remove or re-
concile all prejudices : he was fast linked to sir Harry
Bennet and Mr. Coventry in a league offensive and
defensive, the same friends and the same enemies,
and had got "an entire trust with the lady, who very
well understood the benefit such an officer would be
to her. Nor was it difficult to persuade the king
(who thought himself more rich in having one thou-
sand pounds in his closet that nobody knew of, than
in fifty thousand pounds in his exchequer) how
many conveniences he would find in having so
much money at his own immediate disposal, with-
out the formality of privy seals and other men's
warrants, and the indecency and mischief which
would attend a formal account of all his generous
donatives and expense, which should be known only
to himself.

Though the king seemed to continue the same Measures

, . . taken to

gracious countenance towards the chancellor which prejudice
he had used, and frequently came to his house when ^ainsMhe
he was indisposed with the gout, and consulted all chancellor -
his business, which he thought of public importance,
with him with equal freedom ; yet he himself found,
and many others observed, that he had not the same
credit and power with him. The nightly meetings
had of late made him more' the subject of the dis-
course ; and since the time of the new secretary they
had taken more liberty to talk of what was done in

z 3



342 CONTINUATION OF THE LIFE OF

1665. council, than they had done formerly ; and the duke
~~of Buckingham pleased himself and all the com-
pany in acting all the persons who spake there in
their looks and motions, in which piece of mimicry
he had an especial faculty ; and in this exercise the
chancellor had a full part. In the height of mirth,
if the king said " he would go such a journey or do
" such a trivial thing to-morrow," somebody would
lay a wager that he would not do it ; and when he
asked why, it was answered, " that the chancellor
" would not let him :" and then another would pro-
test, " that he thought there was no ground for that
" imputation ; however, he could not deny that it
" was generally believed abroad, that his majesty
" was entirely and implicitly governed by the chan-
" cellor. " Which often put the king to declare in
some passion, " that the chancellor had served him
" long, and understood his business, in which he
" trusted him : but in any other matter than his
" business, he had no other credit with him than
" any other man ;" which they reported with great
joy in other companies.
A proposal j n the former session of the parliament, the lord

made to the

king for ]. Ashley, out of his indifferency in matters of religion,
conscience, and the lord Arlington out of his good-will to the
Roman catholics, had drawn in the lord privy seal,
whose interest was most in the presbyterians, to
propose to the king an indulgence for liberty of
conscience : for which they offered two motives ;
the one, " the probability of a war with the Dutch ;"
though it was not then declared ; " and in that case
" the prosecution of people at home for their several
" opinions in religion would be very inconvenient,



EDWARD EARL OF CLARENDON. 343

" and might prove mischievous. " The other was, 1665.
" that the y fright men were in by reason of the "~
" late bill against conventicles, and the warmth the
" parliament expressed with reference to the church,
" had so prepared all sorts of non-conformists, that
" they would gladly compound for liberty at any
'* reasonable rates : and by this means a good yearly
" revenue might be raised to the king, and a firm
" concord and tranquillity be established in the
" kingdom, if power were granted by the parliament
" to the king to grant dispensations to such whom
" he knew to be peaceably affected, for their exer-
" cise of that religion which was agreeable to their
" conscience, without undergoing the penalty of the
" laws. " And they had prepared a schedule, in
which they computed what every Roman catholic
would be willing to pay yearly for the exercise of
his religion, and so of every other sect ; which, upon
the estimate they made, would indeed have amounted
to a very great sum of money yearly.

The king liked the arguments and the project The king
very well, and wished them to prepare such a bill ; ap
which was done quickly, very short, and without
any mention of other advantage to grow from it,
than " the peace and quiet of the kingdom? , and an
" entire reference to the king's own judgment and
" discretion in dispensing his dispensations. " This
was equally approved : and though hitherto it had
been managed with great secrecy, that it might not
come to the knowledge of the chancellor and the
treasurer, who they well knew would never consent
to it; yet the king resolved to impart it to them.

>' the] in the z kingdom] quiet by mistake in MS.

z 4



844 CONTINUATION OF THE LIFE OF

1665. And the chancellor being then afflicted with the
""gout, the committee that used to be called was ap-
pointed to meet at Worcester-house : and thither
likewise came the privy seal, and the lord Ashley,
who had never before been present in those meet-
ings.

The chan- The king informed them of the occasion of their
treasure" conference, and caused the draught for the bill to
t*he private* ^ e rea d to them ; which was done, and such reasons
committee. gi ven by those who promoted it, as they thought
fit ; the chief of which was, " that there could be no
" danger in trusting the king, whose zeal to the
" protestant religion was so well known, that no-
" body would doubt that he would use this power,
" when granted to him, otherwise than should be
*' for the good and benefit of the church and state. "
The chancellor and the treasurer, as had been pre-
saged, were very warm against it, and used many
arguments to dissuade the king from prosecuting it,
" as a thing that could never find the concurrence
" of either or both houses, and which would raise a
" jealousy in both, and in the people generally, of
" his affection to the papists, which would not be
" good for either, and every body knew that he had
" no favour for either of the other factions. " But
what the others said, who were of another opinion,
prevailed more ; and his majesty declared, " that the
" bill should be presented to the house of peers as
" from him, and in his name ; and that he hoped
" none of his servants, who knew his mind as well
" as every body there did, would oppose it, but
"either be absent or silent:" to which both the
lords answered, " that they should not be absent
" purposely, and if they were present, they hoped



EDWARD EARL OF CLARENDON. 345

" his majesty would excuse them if they spake ac- 1665.
" cording to their conscience and judgment, which"
" they could not forbear to do ;" with which his
majesty seemed unsatisfied, though the lords of the '
combination were better pleased than they would
have been with their concurrence.

Within few days after, the chancellor remaining The biiiprc.
still in his chamber without being able to go, the the house of
bill was presented in the house of peers by the lord lords '
privy seal, as by the king's direction and approba-
tion, and thereupon had the first reading : and as
soon as it was read, the lord treasurer spake against
it, " as unfit to be received and to have the counte- The trea-

. . . surer and

" nance of another reading in the house, being a de- bishops op-
" sign against the protestant religion and in favour fheVrst 1
" of the papists," with many sharp reflections upon readin S'
those who had spoken for it ; and many of the bi-
shops spake to the same purpose, and urged many
weighty arguments against it. However it was
moved, " that since it was averred that it was
" with the king's privity, it would be a thing un-
" heard of to deny it a second reading :" and that
there might be no danger of a surprisal by its being
read in a thin house, it was ordered " that it should
" be read the second time" upon a day named "at ten
" of the clock in the morning ;" with which all were
satisfied.

In the mean time great pains were taken to per-
suade particular men to approve it : and some of
the bishops were sharply reprehended for opposing
the king's prerogative, with some intimation " that
" if they continued in that obstinacy they would a

a vvonld] should



346 CONTINUATION OF THE LIFE OF
1665. repent it;" to which they made such answers as



in honesty and wisdom they ought to do, without
being shaken in their resolution. It was rather in-
sinuated than declared, " that the bill had been per-
" used," some said " drawn, by the chancellor," and
averred " that he was not against it :" which being
confidently reported, and believed or not believed as
he was more or less known to the persons present,
he thought himself obliged to make his own sense
known. And so on the day appointed for the se-
cond reading, with pain and difficulty he was in his
place in the house : and so after the second reading
The trea- of the bill, he was of course to propose the commit-
bL'hopTop- ment of it. Many of the bishops and others spake
fiercely against it, as a way to undermine religion ;
an( j ^he lord treasurer, with his usual weight of
words, shewed the ill consequence that must attend
it, and " that in the bottom it was a project to get
" money at the price of religion ; which he believed
" was not intended or known to the king, but only
" to those who had projected it, and, it may be, im-
" posed upon others who meant well. "

The lord privy seal, either upon the observation
of the countenance of the house or advertisement of
his friends b , or unwilling to venture his reputation
in the enterprise, had given over the game the first



Lord Ash- d a y 9 an( j nO w spake not at all : but the lord Ashley

ley speaks

for it. adhered firmly to his point, spake often and with
great sharpness of wit, and had a cadence in his
words and pronunciation that drew attention. He
said, " it was the king's misfortune that a matter of
" so great concernment to him, and such a preroga-

b friends} friend



EDWARD EARL OF CLARENDON. 347

" tive as it may be would be found to be inherent 1665.
" in him without any declaration of parliament,"
" should be supported only by such weak men as
. " himself, who served his majesty at a distance,
" whilst the great officers of the crown thought fit
" to oppose it ; which he more wondered at, because
" nobody knew more than they the king's unshake-
" able firmness in his religion, that had resisted and
" vanquished so many great temptations ; and there-
" fore he could not be thought unworthy of a
" greater trust with reference to it, than he would
" have by this bill. "

The chancellor, having not been present at theThechau-
former debate upon the first day, thought it fit to sp eaks
sit silent in this, till he found the house in some ex- again
pectation to hear his opinion : and 'then he stood up
and said, " that no man could say more, if it were
" necessary or pertinent, of the king's . constancy in
" his religion, and of his understanding the constitu-
" tion and foundation of the church of England,
" than he ; no man had been witness to more as-
" saults which he had sustained than he had been,
" and of many victories ; and therefore, if the ques-
" tion were how far he might be trusted in that
" point, he should make no scruple in declaring,
" that he thought him more worthy to be trusted
'* than any man alive. But there was nothing in
" that bill that could make that the question, which
" had confounded all notions of religion, and erected
"a chaos of policy to overthrow all religion and go-
" vernment : so that the question was not, whether
" the king were worthy of that trust, but whether
" that trust were worthy of the king. That it had
" been no new thing for kings to divest themselves



348 CONTINUATION OF THE LIFE OF

\

1665. " of many particular rights and powers, because
~~ " they were thereby exposed to more trouble and
" vexation, and so deputed that authority to others
" qualified by them c : and he thought it a very un-
" reasonable and unjust thing to commit such a
" trust to the king, which nobody could suppose he
" could execute himself, and yet must subject him
" to daily and hourly importunities, which must be
" so much the more uneasy to a nature of so great
" bounty and generosity, that nothing is so un-
" grateful to him as to be obliged to deny. "
And drops In the vehemence of this debate, the lord Ashley

some un- ,,-, in

guarded ex- having used some language that he knew reflected
upon him, the chancellor let fall some unwary ex-
pressions, which were turned to his reproach and re-
membered long after. When he insisted upon the
wildness and illimitedness in the bill, he said, "it
" was ship-money in religion, that nobody could
" know the end of, or where it would rest ; that if
" it were passed, Dr. Goffe or any other apostate
" from the church of England might be made a bi-
" shop or archbishop here, all oaths and statutes
" and subscriptions being dispensed with :" which
were thought two envious instances, and gave
his enemies opportunities to make glosses and re-
flections upon to his disadvantage. In this debate
it fell out that the duke of York appeared very
much against the bill ; which was imputed to the
chancellor, and served to " heap coals of fire upon
" his head. " In the end, very few having spoken
for it, though there were many who would have
consented to it, besides the catholic lords, it was

c them] him



EDWARD EARL OF CLARENDON. 349

agreed that there should be no question put for the 1665.
commitment ; which was the most civil way of re- ~~
jecting it, and left it to be no more called for.

The king was infinitely troubled at the ill sue- The king
cess of this bill, which he had been assured would with the
pass notwithstanding the opposition that was ex-
pected ; and it had produced one effect that was rer;
foreseen though not believed, in renewing the bit-
terness against the Roman catholics. And they,
who watched all occasions to perform those offices,
had now a large field to express their malice against
the chancellor and the treasurer, " whose pride only
" had disposed them to shew their power and credit
" in diverting the house from gratifying the king,
" to which they had been inclined ;" and his majesty
heard all that could be said against them without
any dislike. After two or three days he sent for
them both together into his closet, which made it
generally believed in the court, that he resolved to
take both their offices from them, and they did in
truth believe and expect it (1 : but there was never
any cause appeared after to think that it was in his
purpose. He spake to them of other business, with-
out taking the least notice of the other matter, and
dismissed them with a countenance less open than
he used to have towards them, and made it evident
that he had not the same thoughts of them he had
formerly.

And when the next day the chancellor went to
him alone, and was admitted into his cabinet, and
began to take notice " that he seemed to have dis-
" satisfaction in his looks towards him ;" the king, in

d it] Omitted in MS.



350 CONTINUATION OF THE LIFE OF

1665. more choler thairhe had ever before seen him, told
~ him, " his looks were such as they ought to be ;
" that he was very much unsatisfied with him, and
" thought he had used him very ill ; that he had de-
" served better of him, and did not expect that he
" would have carried himself in that manner as he
" had done in the house of peers, having known his
" majesty's own opinion from himself, which it seem-
" ed was of no authority with him if it differed from
" his judgment, to which he would not submit
" against his reason. "

The other, with the confidence of an honest man,
entered upon the discourse of the matter, assured
him " the very proposing it had done his majesty
" much prejudice, and that they who were best af-
" fected to his service in both houses were much
" troubled and afflicted with it : and of those who
" advised him to it, one knew nothing of the con-
" stitution of England, and was not thought to wish
" well to the religion of it ; and the other was so
" well known to him, that nothing was more won-
" derful than that his majesty should take him for a
" safe counsellor. " He had recourse then again to the
matter, and used some arguments against it which
had not been urged before, and which seemed to
make impression. He heard all he said with pa-
tience, but seemed not to change his mind, and an-
swered ho more than " that it was no time to speak
" to the matter, which was now passed ; and if it
" had been unseasonably urged, he might still have
" carried himself otherwise than he had done ;" and
so spake of somewhat else.

His majesty did not withdraw any of his trust or
confidence from him in his business, and seemed to



EDWARD EARL OF CLARENDON. 351

have the same kindness for him : but from that time 1665.
he never had the same credit with him as he had ~
before. The lord Ashley got no ground, but sir
Harry Bennet very much, who, though he spake
very little in council, shewed his power out of it, by
persuading his majesty to recede from many resolu-
tions he had taken there. And afterwards, in all
the debates in council which were preparatory to
the war, and upon those particulars which have
been mentioned before, which concerned the justice
and policy that was to be observed, whatsoever was
offered by the chancellor or treasurer was never
considered. It was answer enough, " that they were
" enemies to the war;" which was true, as long as it
was in deliberation : but from the time it was re-
solved and remediless, none of them who promoted
it contributed any thing to the carrying it on pro-
portionably to what was done by the other two.

There was another and a greater mischief than And witu
hath been mentioned, that resulted from that un- shops.
happy debate ; . which was the prejudice and disad-
vantage that the bishops underwent by their so una-
nimous dislike of that bill. For from that time the
king never treated any of them with that respect as
he had done formerly, and often spake of them too
slightly ; which easily encouraged others not only
to mention their persons very negligently, but their
function and religion itself, as an invention to im-
pose upon the free judgments and understandings of
men. What was preached in the pulpit was com-
mented upon and derided in the chamber, and
preachers acted, and sermons vilified as laboured dis-
courses, which the preachers made only to shew
their own parts and wit, without any other design



352 CONTINUATION OF THE LIFE OF

1665. than to be commended and preferred. These grew
to be the subjects of the mirth and wit of the court ;
and so much license was e manifested in it, that gave
infinite scandal to those who observed it, and to those
who received the reports of it : and all serious and
prudent men took it as an ill presage, that whilst all
warlike preparations were made in abundance suit-
able to the occasion, there should so little prepara-
tion of spirit be for a war against an enemy, who
might possibly be without some of our virtues, but
assuredly was without any of our vices.
The plague There begun now to appear another enemy, much

breaks out. '

more formidable than the Dutch, and more difficult
to be struggled with ; which was the plague, that
brake out in the winter, and made such an early
progress in the spring, that though the weekly num-
bers did not rise high, and it appeared to be only in
the outskirts of the town, and in the most obscure
alleys, amongst the poorest people ; yet the ancient
men, who well remembered in what manner the last
great plague (which had been near forty years be-
fore) first brake out, and the progress it afterwards
made, foretold a terrible summer. And many of
them removed their families out of the city to coun-
try habitations ; when their neighbours laughed at
their providence, and thought they might have
stayed without danger: but they found shortly that
they had done wisely. In March it spread so much,
that the parliament was very willing to part : which
was likewise the more necessary, in regard that so
many of the members of the house of commons were
assigned to so many offices and employments which

e was] Not in MS.



EDWARD EARL OF CLARENDON. 353

related to the war, and which required their imme- I6G5.
diate attendance. For though the fleet was not yt ~"
gone out, yet there were many prizes daily brought
in, besides the first seizure, which by this time was
adjudged d lawful prize; in all which great loss was
sustained by the license of officers as well as com-
mon men, and the absence of such as should restrain
and punish it : so that, as soon as the bill was passed
the houses for the good aid they had given the king,
and was ready for the royal assent, his majesty
passed it, and prorogued the parliament in April The parii
(which was in I665 e ) till September following; his l"Ji. ro ~
majesty declaring, " that if it pleased God to extin-
" guish or allay the fierceness of the plague," which
at that time raged more, " he should be glad to meet
" them then ; by which time they would judge by
" some success of the war, what was more to be
" done. But if that visitation increased, they should
" have notice by proclamation that they might not
" hazard themselves. "

The parliament being thus prorogued, there was The fleet
the same reason to hasten out the fleet; towards prepar
which the duke left nothing undone, which his un-
wearied industry and example could contribute to-
wards it f , being himself on board, and having got
all things necessary into his own ship that he cared
for. But he found that it was absolutely requisite
to put out to sea, though many things were wanting
in other ships, even of beer and other provision of
victual; not only to be before the enemy, but be-
cause % he saw it would be impossible, whilst the
ships were in port, to keep the seamen from going

d adjudged] adjusted f it] Omitted in MS.

* 1665] by error in MS. 55. B because] Omitted in MS.

VOL. II. A. a



354 CONTINUATION OF THE LIFE OF

1 665. on shore, by which they might bring the plague on
~~ bgard with them ; and there was already a suspicion
that the infection was got into one of the smaller
ships.

It hath been said before, that all things relating
to the fleet were upon the matter wholly governed
The duke by Mr. Coventry. It is very true, that the officers
ch of the navy constantly attended the duke together



those three sea-captains who have been named
b e f ore : \) U ^ from the time that the war was declared,
his highness consulted daily, for his own informa-
tion and instruction, with sir John Lawson and sir
George Ayscue and sir William Pen, all men of
great experience, and who had commanded in seve-
ral battles. Upon the advice of these men the duke
always made his estimates and all propositions to
the king. There was somewhat of rivalship between
the two last, because they had been in equal com-
mand : therefore the duke took sir William Pen
into his own ship, and made him captain of it ;
which was a great trust, and a very honourable com-
mand, that exempted him from receiving any or-
ders but from the duke, and so extinguished the
other emulation, the other two being flag-officers
and to command several squadrons.

In all conferences with these men Mr. Coventry's
presence and attendance was necessary, both to re-
duce all things into writing which were agreed upon,
and to be able to put the duke in mind of what he
was to do. Lawson was the man of whose judg-
ment the duke had the best esteem; and he was
in truth, of a man of that breeding, (for he was a
perfect tarpawlin,) a very extraordinary person ;
he understood his profession incomparably well,



EDWARD EARL OF CLARENDON. 355

spake clearly and pertinently, but not pertinaciously 1CG5.
enough when he was contradicted. Ayscue was a
gentleman, but had kept ill company too long, which
had blunted his understanding, if it had been ever
sharp : he was of few words, yet spake to the pur-
pose and to be easily understood. Pen, who had
much the worst understanding, had a great mind to
appear better bred, and to speak like a gentleman ;
he had got many good words, which he used at ad-
venture ; he was a formal man, and spake very lei-
surely but much, and left the matter more intricate
and perplexed than he found it. He was entirely
governed by Mr/Coventry, who still learned enough
of him to offer any thing rationally in the debate, or
to cross what was not agreeable to his own fancy,
by which he was still swayed out of the pride and
perverseness of his will.

Upon debate and conference with these men, the
duke brought propositions to the king reduced into
writing by Mr. Coventry ; and the king commonly
consulted them with the lord treasurer in his h pre-
sence, the propositions being commonly for increase
of the expense, which Mr. Coventry was solicitous
by all the ways possible to contrive. To those con-
sultations the duke always brought the sea-officers,
and Mr. Coventry, who spake much more than they,
to explain especially what sir William Pen said, who
took upon himself to speak most, and often what
the others had never thought though they durst not
contradict ; and sir John Lawson often complained,
" that Mr. Coventry put that in writing which had
" never been proposed by them, and would continue

h his] the

A a 2



356 CONTINUATION OF THE LIFE OF

1665. " disputing it till they yielded. " Every conference
~~ raised the charge very much ; and what they pro-
posed yesterday as enough was to-day made twice as
much ; if they proposed six fire-ships to be provided,
within two or three days they demanded twelve :
so there could be no possible computation of the
charge.

The duke By this means the fleet that was now ready to
LI. put to sea amounted to fourscore sail ; and the king
willingly consented, upon the reasons the duke pre-
sented to him, that they should set sail as soon as
was possible. And before the end of April the duke
was with the whole fleet at sea, and visited the coast
of Holland, and took many ships in their view, their
Many no- fleet being not yet in readiness. Many noblemen,

blemen go IO-T-* i i -i T^

as voiun- the earl of Peterborough, the lord viscount Ferrers,
and others, with many gentlemen of quality, went
as volunteers, and were distributed into the several
ships with much countenance by the duke, and as
many taken into his own ship as could be done with
convenience.

The duke of Buckingham had from the first men-
tion of the war, which he promoted all he could, de-
clared " that he would make one in it :" and when it
was declared, he desired to have the command of a
ship, which the duke positively denied to give him,
except the king commanded it, (and his majesty
was content to refer that, as he did the nomination
of all the other officers, to his brother,) and did not
think fit that a man, of what quality soever, who
had never been at sea, should his first voyage have
the command of any considerable ship, (and a small
one had not been for his honour ;) at which he was
much troubled. Yet his friends told him that he



EDWARD EARL OF CLARENDON. 357

was too far engaged, to stay at home when his royal 1 665.
highness ventured his own person : and thereupon ~
he resolved to go a volunteer, and put himself on
board a flag-ship, the captain whereof was in his fa-
vour. And then he desired, " that in respect of his
" quality, and his being a privy counsellor, he might
" be present in all councils of war. " The duke
thought this not reasonable, and would not make a
new precedent. There were many of the ancient
nobility, earls and barons, who were then on board
as volunteers ; and if the consideration of quality
might entitle them to be present in council, all or-
ders would be broken, there being none called but
flag-officers : and therefore his royal highness posi-
tively refused to gratify him in that point ; which
the duke of Buckingham thought (it being enough
known that the duke had neither esteem or kind-
ness for him) to be such a personal disobligation, that
would well excuse him for declining the enterprise.
And pretending that he did appeal to the king in
point of light, he left the fleet, and returned to the
shore to complain. And we return back too to the
view of other particulars.

There were two persons, whom the king and his Some new
brother did desire to make remarkable by some pe
extraordinary favours : one of which was equally
grateful to both, sir Charles Berkley, who had been sir Charles
lately created an Irish viscount by the name of lord
Fitzharding, the old and true surname of the fa-
mily; upon whom the king had, for reasons only
known to himself, set his affection so much, that he
had never denied any thing he asked for himself or
for any body else, and was well content that he
should be looked upon as his favourite. He had

A a 3



358 CONTINUATION OF THE LIFE OF

1665. been long thought so to the duke, who was willing
~~ to promote any thing to his advantage : and the
king had deferred those instances only till the par-
liament should be prorogued, lest it should raise the
appetites of others to make suits, which he had hi-
therto defended himself from, by declaring he would
make no more lords. But the parliament was no
sooner prorogued, than it was resolved to be put in
execution : and when it was to be done, the chan-
cellor had the honour to be present alone with the
king and duke, when it seemed to be first thought
of. And when the duke proposed it as a suit to the
king, that he would make the lord Fitzharding an
earl, extolling his courage and affection to the king ;
he was pleased with the motion to that degree, that
he extolled him with praises which could be applied
to few men : and it was quickly resolved that he
should be an earl of England, and a title was as soon
found out ; and so he was created earl of Falmouth,
before he had one foot of land in the world.

And to gratify the king for this favour, the duke
likewise proposed that the king would make sir
And sir H. Harry Bennet a lord, whom all the world knew he
Arlington! did not care for ; which was as willingly granted :
and he had no more estate than the other, and could
not so easily find a title for his barony.
But be-
cause he had no mind to retain his own name, which
was no good one, his first warrant was to be created
Cheney, which was an ancient barony expired, and
to which family he had not the least relation : and
for some days upon the signing the warrant he was
called lord Cheney, until a gentleman of the best

1 he] who



EDWARD EARL OF CLARENDON. 359

quality in Buckinghamshire, who, though he had no 1665.
title to the barony, was yet of the same family, and~~
inherited most part of the estate, which was very
considerable, and was married to a daughter of the
duke of Newcastle, heard of it, and made haste to
stop it. He went first to sir Harry Bennet himself,
and desired him " not to affect a title to which he
" had no relation ; and to which though he could
" not pretend of direct right, yet he was not so k
" obscure but that himself or a son of his might
" hereafter be thought worthy of it by the crown ;
" and in that respect it would be some trouble to
" him to see it vested in the family of a stranger. "
The secretary did not give him so civil an answer
as he expected, having no knowledge of the gentle-
man. Yet shortly after, upon information of his
condition and quality, (as he was in all respects very
worthy of consideration,) the patent being not yet
prepared, he was contented to take the title of a
little farm that had belonged to his father and was
sold by him, and now in . the possession of another
private person ; and so was created lord Arlington,
the proper and true name of the place being Har-
lington, a little* village between London and Ux~
bridge.

The king took the occasion to make these two Mr. Fre*.
noblemen from an obligation that lay upon him to created ior<i
confer two honours at the same time ; the one upon ^
Mr. Frescheville, of a very ancient family in Derby-
shire, and a fair estate, who had been always bred
in the court, a menial servant of the last king, and
had served him in the head of a troop of horse raised

k so] Not in MS.
A a 4



360 CONTINUATION OF THE LIFE OF

1665. at his own charge^ in the war, and whom his late
~ majesty had promised to make a baron.

And Mr. The other was Mr. Richard Amndel of Trerice
in Cornwall, a gentleman as well known by what
el ne na d done and suffered in the late time, as by the
eminency of his family, and the fortune he was still
master of after the great depredation of the time.
John Arundel, his father, was of the best interest
and estate of the gentlemen of Cornwall: and in
the beginning of the troubles, when the lord Hopton
* tne otner gentlemen with him were forced to

i>>y- retire into Cornwall, he and his friends supported
them, and gave the first turn and opposition to the
Current of the parliament's usurpation; and to them,
their courage and activity, all the success that the
lord Hopton had afterwards was justly to be im-
puted as to the first rise. The old gentleman was
then above seventy years of age, and infirm ; but all
his sons he engaged in the war : the two eldest
were eminent officers, both members of the house of
commons, and the more zealous soldiers by having
been witnesses of the naughty proceedings of those
who had raised the rebellion. The eldest was
killed in the head of his troop, charging and driving
back a bold sally that was made out of Plymouth
when it was besieged : and this other gentleman of
whom we now speak, and who was then the younger
brother, was an excellent colonel of foot to the end
of the war.

When sir Nicholas Slanning, who was governor of
Pendennis, lost his life bravely in the siege of Bris-
tol, the king knew not into what hands to commit
that important place so securely, as by sending a
commission to old John Arundel of Trerice to com-



EDWARD EARL OF CLARENDON. 361

mand, well knowing that it must be preserved prin- 1 665.
cipally by his interest ; and in respect of his age ~
joined his eldest son with him : and after his death
he added the younger brother to the command, of
whom we are speaking, who was in truth then
looked upon as the most powerful person in that
county.

When the king, then prince, was compelled, after
almost the whole west was lost, to retire into Corn-
wall, he remained in Pendennis castle, and from
thence made his first embarkation to Scilly : and at
parting, out of a princely sense of the affection and
service of that family, he took the old gentleman
aside, and in the presence of his son wished him "to
" defend the place as long as he could, because re-
" lief might come, of which there was some hope
" from abroad;" and promised him, "if he lived to
" come back into England, he would make him a
" baron ; and if he were dead, he would make it
" good to his son. " The old man behaved him
bravely to his death, having all his estate taken
from him ; and his son remained as eminently faith-
ful, and had as deep marks of it as any man : so
that at the king's return, who never forgat his pro-
mise, he might have received the effect of it in the
first creation, if he had desired it ; but he chose ra-
ther to recover the bruises his fortune had endured
by seizures and sequestrations, before he would em-
bark him in a condition that must presently raise
his expense in his way of living. And as soon as
he found himself at ease in that respect, he got a
friend to inform the king, " that he was ready to re-
" ceive his bounty. "

And his majesty, being under these two obliga-



362 CONTINUATION OF THE LIFE OF

1665. tions, was willing to take the same opportunity to
"prefer the two other persons he loved so well. But
at the same time that he declared his resolution for
the last two, (but what concerned the others had
been long known and expected,) his majesty re-
flected upon the number of the house of peers,
which was in many respects found grievous, and de-
clared to his brother and the chancellor, who were
only present, "that no importunity should prevail
" with him to make any more lords in many years,
" and till the present number should be lessened ;"
in which resolution the duke willingly concurred,
and protested " that he would never more importune
" him in that point. " The reason of mentioning
this declaration and resolution will appear here-
after. This creation was no sooner over, than the
new earl of Falmouth went with the duke to sea :
for though his relation was now immediately to the
king and near his person, yet he thought himself
obliged not to be from the duke when he was to be
engaged in so much danger ; and he was confessed
by all men to abound in a most fearless cou-
rage.

A parti- It will not be unseasonable in this place to take a
of 6 *~ view of an act of state that passed about this time,
pa- an( ^ which afterwards administered matter of re-
tent, proach against the chancellor, and was made use of
by his enemies as an evidence of his corruption ; for
the better understanding whereof, it will be neces-
sary to begin the relation from the original ground
of the counsel. About the first Christmas after the
king's happy return into England, the chancellor,
treasurer, privy seal, and the two chief justices
(being the persons appointed by the statute for that



EDWARD EARL OF CLARENDON. 363

purpose) met together to set the prices upon the 1665.
several sorts of wines ; and were attended, according
to custom, by the company of vintners, and the
chief merchants in the city who traded in that com-
modity. And being first to limit the merchants to
a reasonable rate, before they could prescribe any
price to the vintners upon the retail, they found, by
the best inquiry they could make, that the first
prices beyond the seas which the merchants paid for
their wines were so excessive, that the retail could
not be brought within any compass ; and that since
the beginning of the troubles the price of wines in
general was exceedingly increased, and particularly
that of the Canaries was almost double to what it
had been in the year 1640.

The chancellor knew very well, by the corre-
spondence he had held in the Canaries, (during the
time that he had served his majesty as his ambas-
sador in Spain,) that the whole trade for the Canary
wine was driven solely by the English, and the com-
modity entirely vended in the king's dominions, all
Christendom beside not spending any quantity of
that wine : and thereupon he asked the merchants
" whether what he had reported was not true, and
" what would be the way to remedy that mis-
chief. "

They all confessed it to be very true, and " that
" it was a great reproach to the nation to be so
" much imposed upon in a trade that they might
" govern themselves : and that the unreasonable
" prices of the wine were not the greatest prejudice
" that was befallen that trade. That before the
" troubles they had been so far from employing any
" stock of money for the support of that traffick, that



364 CONTINUATION OF THE LIFE OF

1665. " they used to send their ships fully laden with all
~" " commodities thither, which yielded very good
" markets, being sent from thence into the West
" Indies with their Plate fleets ; and that the very
" pipe-staves which they carried did very near sup-
" ply the value of their wine, so that they brought
" home the proceed of their commodities either in
" pieces of eight, or such other merchandizes as had
" been brought thither from the Indies, and upon
" which they received great profit. OQ the con-
" trary, that the trade was now wholly driven by
" ready money ; that the commodities they send thi-
" ther are not taken off, except at their own prices,
" so that they have for the late years sent their ves-
" sels empty thither, except only with some few
" pipe-staves, which by the destruction in Ireland
" they could not send in any great proportion ; and
" that their ships return from thence with no other
" lading but those wines, which they trade for in
" ready money, either by pieces of eight sent in
" their ships from hence, or by bills of exchange
" charged upon some known merchants in Spain.
" That over and above these disadvantages, the
" Spaniards in those islands had of late imposed
" new duties upon the wine, and laid other imposi-
" tions upon the merchants than the English nation
" had been ever accustomed to. " They said, " all
" these inconveniences proceeded from the immo-
" derate appetite this nation hath for that sort of
" wine, and therefore they take from them as much
" as they can make ; and from our own disorder
" and irregularity in buying them, and contending
" who shall get the most, and so raising the price
" upon one another, and making the Spaniards



EDWARD EARL OF CLARENDON. 365
themselves the judges what the merchants shall 1G65.



" pay.

The lords, upon consultation between themselves,
found the matter too hard for them, and that the
reformation of so much evil must be made by de-
grees, and upon a representation of the whole, with
the difficulties which attended it, to the king and
his privy-council, whose wisdoms only could provide
a remedy proportionable to the mischiefs. For the
present, as they resolved not to raise the prices at
which wine was at that time bought and sold, (which
they believed, how reasonably soever it might be
done, would yet be very unpopular,) so they thought
it not just to draw down and abate those prices,
since it appeared to them that the wines cost more
in proportion upon the places of their growth. They
declared therefore to the merchants and to the vint-
ners, " that though for the present they would per-
" mit the same prices to continue for the next year,
" which they had been sold for the present year,"
and which indeed were confirmed by the late act of
parliament, " they should hereafter take care what
" markets they made ; for that they were resolved
" the next year to make the prices much lower botli
" to the merchant and to the vintner :" and so, upon
the report made by the lords of the whole matter to
the king in council, and of what they thought fit to
be done for the present, a proclamation was pub-
lished accordingly.

The next year both the merchants and vintners
were very earnest suitors to the lords at their ac-
customed meeting, that greater prices might be al-
lowed, or at least that the same might be continued ;
making it very evident, that their wines cost them



366 CONTINUATION OF THE LIFE OF

1665. more than they had done the year before. Upon the
"debate the Canary merchants were much divided.
Some of them insisted very importunately to have
the price raised, " because it was notorious that
" they had paid much more than formerly, by rea-
" son," as they alleged, " that the vintage had not
" yielded near the proportion that it used to do. "
Others, though confessing the increase of price, yet
pretended a more public spirit and the necessity of a
reformation : and therefore they pressed as earn-
estly, " that the price might not be raised, but that
" they might be permitted to take what they had
" done already for this year. " It was quickly dis-
covered whence this moderation proceeded ; and
that the last proposers had a great quantity of wine
upon their hands, which had been provided the year
before, and so might well be sold at the same price ,
but that the former had no old wine left, but were
supplied with a full provision of new, which had
cost them so much dearer. Both the one and the
other desired the lords, " that whatever resolution
" they took for the present, a clause might be in-
" serted in the proclamation, that, the next year
" which followed, Canary wine should not be sold
" for above four and twenty pounds the pipe, and
" that every year after it should be drawn lower,"
as it might well be, it having been sold in the year
1640 for twenty pounds the pipe; though, in the
year when his majesty returned, it had been per-
mitted to be sold at six and thirty pounds the pipe.
" Such a clause," they said, " would give notice to
" the islanders, and oblige them to sell their wines
. " at more reasonable rates, and would render the
" merchants unexcusable if they should give greater. "



EDWARD EARL OF CLARENDON. 367

Notwithstanding all their allegations, the lords re-
membered what they had declared to them the last
year, which was as fair a warning as any thing they
could now say would be. And accordingly they set
lower prices upon all wines for the year to come
than had been allowed the last, as the most effec-
tual warning for the future : which was thought a
very rigorous proceeding ; but being reported to the
king and council, what they had done was allowed
and confirmed, and his majesty was well contented
that such a clause -as they had proposed should be
inserted in the proclamation ; which was accordingly
done.

The year following, when the lords met again
according to custom, which is, as hath been said,
about Christmas, they found not the least reforma-
tion ; on the contrary, that the Canary merchants
had paid dearer than ever, which made them all
more solicitous to have the price raised, and the
vintners as importunate for their retail. And in-
deed the vintners seemed to be in a much worse
condition than the merchants. And they made it
appear, " that they were often compelled to pay
" higher prices to the merchant than were l imposed
" by their lordships ; without which they could get
" no good wine, and so must give over their keep-
" ing house : that the penalty upon the merchant
" was very small, being not above forty shillings a
" pipe, and the crime not easy to be discovered, as
" was evident by there not having been one mer-
" chant questioned in many years for that common
" transgression ; whereas on the vintner's part the

1 were] was



368 CONTINUATION OF THE LIFE OF

1665. " penalty was very severe, and easily discovered by
~ " any man who went to a tavern and would be an
" informer, and that most of the vintners in Lon-
" don were at that very time sued in the exchequer
" upon those very penalties, which, if exacted, must
" produce their ruin. "

The merchants excused themselves for their pre-
sent pretence, and for their having given more for
their wines than was lawful for them to have done
by their own desire : " that they had done their
" best, and that the greatest traders amongst them
" had consented between themselves not to suffer
" the prices to be raised upon them ; but that they
" found it ineffectual, and that though they should
" give over their trades, it would produce no refor-
" mation. That the trade was open to all adven-
" turers, and that there had been many ships sent
" from England in that very year by Jews, and
" people of several trades, who had never been be-
" fore known to trade to the Canaries : insomuch
" as when they who had been long bred up to the
" trade, and had been long factors in those islands,
" sent their ships thither, they found other English
" ships there, and the wines bought at a greater
" price than they had allowed their factors to give ;
" so that they must either have their ships return
" empty and unladen, or take the wines at the prices
" other men gave. That they had chosen the latter, as
" well to continue their trade, as to draw home some
" part of the stock they had in that country. That
" they could imagine but two ways to reform that
" excess : the one, by putting the trade into such a
" method and m under such rules, as might restrain
ra and"! as in MS.



EDWARD EARL OF CLARENDON. 369

" that license, and not leave it in the power of per- 1(565.
" sons who never had been in the trade to give the ~~
" law to it ; and by this means the islanders would
" find it necessary to set reasonable prices . upon
" their commodities, and to yield such other advan-
" tages and privileges to the merchants as they had
" heretofore enjoyed. The other, that the king
" would by his proclamation prohibit the importa-
" tion of any Canary wines into his dominions : and
" hereby he would quickly receive such propositions
" from Spain, as would put it into his own power to
" make the reformation ; otherwise the islanders had
" been persuaded that England could not live with-
" out their wines. "

The lords were resolved, notwithstanding all that
had been said, that they would execute the former
proclamation, and reduce the prices of wines to
what had been then determined : and after they
had given a full account of the whole business to
the king in council, the resolution was approved,
and a proclamation was issued out to that purpose.
The merchants and vintners applied themselves to
his majesty, and to many of the lords of the council,
and thought they had encouragement enough to
hope for a relief in an appeal to the king and coun-
cil by petition ; and they had thereupon a day as-
signed to be heard. Many of the lords thought it
very hard, if not unjust, to compel men to sell
cheaper than they bought, which was the truth of
the case, and which must oblige both merchants and
vintners to sophisticate and corrupt their wines to
preserve their estates ; which might probably turn
to the great damage of the whole kingdom, in pro-
ducing sickness and diseases : and this charitable

VOL. II. B b



370 CONTINUATION OF THE LIFE OF

1665. and generous consideration prevailed with the major
~ part of the lords to be well contented, and to wish
that some indulgence might be exercised towards
them. On the contrary, when the king had well
weighed the whole proceedings, and with trouble
and indignation considered the obstinate vice of the
nation, which made it ridiculous to all the world, he
expressed a positive resolution to vindicate himself
and his government from this reproach. He thought
the adhering firmly to the prices which had been re-
solved upon by the lords would be the best preface
to this reformation, though it might be attended
with particular damage to particular persons, who
had yet less cause to complain, because their own
advice had been followed. And thereupon his ma-
jesty declared, " that he would make no alteration ;"
but withal told them, " that if they could make any
" proposition to him for the better regulation of the
" trade," (for they had themselves mentioned a char-
ter,) " he would graciously receive any propositions
" they would make, and gratify them in what was
" just :" and so, notwithstanding all attempts which
were often repeated, the price set by the lords was
ratified for the year following.
The pnnci- Shortly after, many of the merchants who had al-

pal Canary . . . . . . . . . i

merchants ways traded to the Cananes did petition the king,
^ " that they might be incorporated ; and that none
" might be permitted to trade thither but such who
" would be of that corporation, and observe the con-
" stitutions which should be made by them :" which
petition was presented to the king at the council-
board ; and being read, his majesty (according to
his custom in matters of difficulty and public con-
cernment) directed it to be read again on that



EDWARD EARL OF CLARENDON. 371

day month, at which time his majesty presumed 1665.
that all who would oppose it would present their"
reasons and objections against it, which he desired
to hear. At the day appointed, though there was
no petition against it, yet it was observed that there
were many of the most eminent merchants of that
trade, whose names were not to the petition, nor who"
otherwise appeared desirous to have a charter grant-
ed : which his majesty considering, he put off the de-
bate for another week, and directed " that the other
" merchants by name should be desired to be present,
" and to give their advice freely upon the point. "

And there was at that day a very full appearance ;
when his majesty directed, " that a relation should
" be made to them of the whole progress that had
" been in the business, and the damage and disho-
" nour the nation underwent in the carrying on
" that trade : that many merchants had presented a
" petition to him, containing an expedient to bring
" it into better order ; but finding them not to ap-
" pear in it, and being informed that they were best
" acquainted with and most engaged in that trade,
" he had sent for them to know their opinion, whe-
" ther they thought what was proposed to be rea-
" sonable and fit to be granted, and if so, why they
" did not concern themselves in it. " They an-
swered, "that the reason why they had not ap-
" peared in it was, because they thought they
" should be losers by it, and therefore were not soli-
" citous to procure a grant from his majesty to their
" own damage ;" and so enlarged " upon the nature
" of the trade, their long experience in it, and the
" greatness of their stock, which they should not be

" who] Not in MS.

B b2



372 CONTINUATION OF THE LIFE OF

1665 - " allowed to continue under any regulation. But
" as they did not think themselves in a situation
" to be solicitous for a change, so they could not
" deny, being required by his majesty to speak the
" truth, but that the proposition that was made was
" for the public good and benefit of the kingdom,
" and that they conceived no other way to redeem
" that trade, and the nation from the insolence
" which the Spaniard exercised upon them;" imply-
ing, " that if his majesty would command them,
" they would likewise, concur and join in the carry-
ing " ing on the service. " To which his majesty giving
thepetu them gracious encouragement, they all seemed to
depart of one mind ; and his majesty remained con-
firmed in the former opinion he had of it.

But there remained yet an objection, which was
principally insisted on by the ministers of the re-
venue, who alleged very reasonably, "that this new-
" modelling the trade must produce some alteration,
" and would meet some opposition from the Spa-
" niard, which for the time would lessen the customs
" and entitle the farmers to a defalcation. " The
petition was therefore referred to the farmers of the
customs, who were to attend the next council-day :
and being then called, they did acknowledge, " that
" the design proposed would prove very profitable
" to the kingdom in many respects," upon which
they enlarged, " and that in the end it would not be
" attended with any diminutions of the customs ;
" but for the present," they said, " they could not
" but expect, that the obstinacy and contradiction of
" the Spaniard would give such a stop to trade, at

in a situation] Not in MS.



EDWARD EARL OF CLARENDON. 373

" least for one year, that if his majesty did not reim- 1665.
" burse them for what should fall short in the re-~
" ceipt of custom, they must look to be very great
" losers. " The merchants on the other hand offered
" to be bound, that if they did not the first year
" bring in as much as had been usually entered,
" they would make good what should be wanting to
" the farmers upon a medium. " Whereupon his
majesty himself declared, " that he would not, for a
" small damage to himself, hinder the kingdom
" from enjoying so great a benefit:" and he com-
manded his solicitor general, who then attended the
board, " to prepare such a charter as might provide
" for all those good ends which were desired in the
" petition," and which had been so largely debated ;
and it was notorious, that there had never been
a greater concurrence of the board in any direc-
tion.

Many months passed before the charter was pre-
pared ; in which time there was never the least new
objection made against it, nor was it known that
any man was unsatisfied with it. After it was en-
grossed and had passed the king's hand, it was
brought to the great seal ; and there the lord mayor The city of
of London and the court of aldermen had entered
caveat to stop the passing of it. The chancellor, ac-
cording to course, appointed a time when he would
hear all parties. The city alleged an order made a
year or two before by the king in council, upon a
complaint then exhibited by the court of aldermen
against the Turkey company and other corporations,
" in which," they said, " there were very many mer-
" chants of the best trade and of the greatest estates
" in the city, who would never take out their free-

BbS



374 CONTINUATION OF THE LIFE OF

1665. " dom, and so refused to bear any charge or office
"" " in it, to the very great prejudice and dishonour of
" the city and of the government thereof; since
" they were thereby compelled to call inferior ci-
" tizens to be aldermen, before they had estates to
. " bear the charge of it, whilst the gravest and
" the richest men, who were most fit, could not be
" obliged to accept of it, because they were not free-
" men. " The persons concerned, which were indeed
a great number of very valuable and substantial
men and of great estates, answered, " that they had
" traded very many years without finding any rea-
" son to take out their freedom, which they might
" do or not do as they thought best for themselves ;
" that they had always paid scot and lot in the se-
" veral parishes where they lived with the highest of
" the inhabitants, and were taxed the more because
" they had not taken out their freedom, they who
" taxed them being always freemen ; that they
" were grown old now, and had no mind to become
" young freemen, but would rather give over their
" trade, and retire into the country where they had
" estates. "

Besides the rules which the king gave upon the
difference then in question, he was pleased to de-
clare, and appointed it to be entered as an order in
the council-book, "that care should be taken, that
" in all charters which he should hereafter renew or
" grant to any companies or corporations in the city
" of London, they should first make themselves free-
" men of the city ; by which they might be liable
" to the charges of it, as other citizens are. " They
said, " that there were many of this company that
" was now to be incorporated who were not free-



EDWARD EARL OF CLARENDON. 375

" men :" and therefore the lord mayor and court of J66. 0.
aldermen desired the benefit of the king's order,"
which was read.

The merchants confessed, "that many of them
" were not freemen, and resolved not to be :" they
said, " they had never heard of this order, and were
" sorry that they had spent so much money to no



" purpose. " The chancellor declared to them, " that The
" he could not seal their charter till they had com- fuses to
" plied with the king's determination, and given 86



" court of aldermen satisfaction :" and they .

had satisfied

seemed as positive that they would rather be with- thecit y-
out their charter, than they would submit to the
other inconveniences : and so they departed. But
after some days' deliberation and consultation be-
tween themselves, and when they found that there
was no possibility to procure a dispensation from
that order, they treated with the city, and agreed
with them in the preparing a clause to be inserted
in their charter, by which they were obliged in so
many years to become freemen ; which clause,
being approved by all parties, was in the king's pre-
sence entered in the bill that his majesty had
signed, and being afterwards added to the engross-
ment, it was again thus reformed and sent to the
great seal, and presented to the chancellor to be
sealed.

There were by this time several new caveats en-
tered against it at the seal ; all which the chancellor
heard, and settled every one of them to the joint sa-
tisfaction of all parties, and all caveats were with-
drawn. There was then a rumour, that there
would be some motions made against it in the house
of commons : and some parliament-men, who serv-

B b 4



376 CONTINUATION OF THE LIFE OF

1 665. ed for the western boroughs, came to the chancellor,
~ and desired him " that he would defer the sealing it
" for some days till they might be heard, since it
" would undo their western trade ; and," they said,
" they resolved to move the house of commons to
" put a stop to it. " The chancellor informed them
of the whole progress it had passed, and told them,
" he believed that they would hardly be able to
"offer any good reasons against it:" however,
since it was then well known that the parliament
would be prorogued within ten or twelve days, he
said " he would suspend the sealing it till then, to
" the elid that they might offer any objections
" against it there or any where else. " But though
the parliament sat longer than it was then con-
ceived it would have done, there was no mention or
notice taken of it : and after the prorogation no ap-
plication was further made for the stopping it, and
the merchants pressed very importunately that it
might be sealed, alleging with reason " that the de-
" ferring it so long had been very much to their
" prejudice. " Whereupon the chancellor conceived
that it would not consist with his duty to delay it
longer, and so affixed the great seal to it.

The company then chose a governor and other
officers according to their charter, and made such
orders and by-laws as they thought fit for the carry-
ing on and advancement of their trade, which they
might alter when they thought convenient ; and for
the present they resolved upon a joint stock, and
assigned so many shares to each particular man.

Somediffe- _ 5 . . / ,. . , .

In this composition and distribution there fell out
some difference between themselves, which could
e taken n otice of abroad : and even some of



EDWARD EARL OF CLARENDON. 377

them, who first petitioned and were most solicitous 1655.

to procure the charter, did what they could to hin-

der the effect of it ; sent privately to their factors
at the Canaries, " to oppose any orders that should
" be sent from the governor and the company, and
" that they should do all they could to incense the
" Spaniards against the charter," and bade them
promise " that all their wine should be taken off in
"spite of the corporation. " Whereupon great dis-
orders did arise in the Canaries between the English
themselves ; and by the conjunction of the Spaniards
with those few English who opposed the charter,
they proceeded so far as to send the principal factors
for the company out of the island into Spain, and to
make a public act by the governor and council
there, " that no ship belonging to the company
" should be suffered to come into the harbour, or to
"take in any lading from the island:" all which
was transacted there many months before it was
known in England, and probably would have been
prevented or easily reformed, if it had not pleased
God that the plague at this time spread very much
in London, and if the war with the Dutch had not
restrained all English ships from going to the Cana-
ries for the space of a year ; which intermission,
not to be prevented nor in truth foreseen, gave
some advantage to the merchants at home who op-
posed their charter, who complained for the not-
return of their several stocks within the time that
the company had promised they should be re-
turned.

I am not willing to resume this discourse in
another place, which I should be compelled to do if
I discontinued the relation in this place, as in point



378 CONTINUATION OF THE LIFE OF

1665. of time I should do; but I choose rather to insert

~~here what fell out afterwards, and to finish the ac-

count of that affair, that there may be no occasion

in the current of this narration to mention any par-

ticulars that related to it.

When the king was at Oxford, and was informed
of what had passed at the Canaries, some mer-
chants appeared there to petition against the char-
ter, whereof there were some who were the first pe-



are titioners for it. His majesty appointed a day for the

referred to J J J

the king; solemn hearing it in the presence of his privy-coun-
cil, the governor being likewise summoned and pre-
sent there. Upon opening all their grievances the
petitioners themselves confessed, " that they could
" not complain of the charter ; that it was a just and
" necessary charter, and for the great benefit of the
" kingdom, though some private men might for
" the present be losers by it : that their complaint
" was only against their constitutions and by-laws,
" and the severe prosecution thereupon contraiy to
" the intention of the charter itself;" instancing,
amongst other things, " the very short day limited
" by the charter, after which they could not continue
" their . trade without being members of the corpo^
" ration ; and that day was so soon after the sealing
" the charter, that it was not possible for them to
" draw their stocks from thence in so short a time. "
When they had finished all their objections, the
king observed to them, " that they complained only
" of what themselves had done, and not at all of the
" charter, which gave them only authority to choose
" a governor, and to make constitutions and by-
" laws, but directed not what the constitutions and
" by-laws should be, which were the result of their



EDWARD EARL OF CLARENDON. 379

" own consultations P, in which the major part must 1665.
" have concurred; and of that kind the resolution ~~
" for a joint stock was one, which and all the rest
" they might alter again at the next court, if the
" major part were grieved with it. " But because
they had complained of some particulars, in which
they might have reason on their side, his majesty
expressed a willingness to mediate and to make an
agreement between them : and thereupon he re-
quired the governor to answer such and such parti-
culars which seemed to have most of justice ; but
the governor answered all at large, and made it
clearly appear, that they had in truth no cause of
complaint. As to the short day that was assigned
for the drawing away their stocks, which had the
greatest semblance of reason in all they complained
of, he said, " they had no reason to mention their
" want of warning, for that the day was well enough
" known to them long before the sealing the char-
" ter, and might very well have been complied
" with," (the reasons why the sealing the charter
was so long deferred are set down before,) " and
" could be no reason to them to neglect the giving
" direction in their own concernments ; but that
" they knew likewise, that the day was enlarged to
" a day desired by themselves, that there might be
" no pretence for discontent :" and thereupon the
order of the court to that purpose was read to his
majesty, and they could not deny it to be true.

In conclusion, since it did appear that their stock
did in truth still remain in the Canaries, and in jus-
tice belonged to them, whether it was their fault or

P consultations] erroneously in MS. constitutions



380 CONTINUATION OF THE LIFE OF

1665. their misfortune that it had not been drawn over in
who time ; the king persuaded the governor and his as-
fiesaii sistants'to give them such satisfaction in that and
other particulars, that before they retired from his
majesty's presence they were unanimously agreed
upon all their pretences : and though some of the
lords, upon some insinuations and discourses which
they had heard, had believed the company to have
been in the wrong, they were now fully convinced
of the contrary, and believed the charter to be
founded upon great reason of state, and that the
execution of it had been very justifiable and with
great moderation. And it is to be observed, that
the parliament being then assembled at Oxford,
there was not the least complaint against that char-
ter or corporation.
Avmdica- And this was the whole progress of that affair,

tion of the . .

chancellor until it served some men's turns to make it after-
fair. 1S wards matter of reproach to the chancellor, in a time
when he had too great a weight of the king's dis-
pleasure upon him to defend himself from that and
other calumnies, which few men thought him guilty
of. And if the motives of state were not of weight
enough to support the patent, more ought not to be
objected to him than to every other counsellor, there
having never * been a more unanimous concurrence
at that board in any advice they have given : and
the delays he used in the passing the charter after
it came to his hand, his giving so long time for
the making objections against it, and his so posi-
tively opposing the company with reference to their
being freemen of the city, are no signs that he had

') never] Omitted in MS.



EDWARD EARL OF CLARENDON. 381

such a mind to please them, as a man would have 1665.
who had been corrupted by them, or who was to
have a share in the profit of the patent, as was after-
wards suggested, but never believed by any to whom
he was in any degree known, who knew well that he
frequently refused to receive money that he might
very lawfully have done, and never took a penny
which he was obliged to refuse. He was indeed, as
often at that affair came to be debated, very clear in
his judgment for the king's granting it, and always
continued of the same opinion : nor did he ever deny,
that some months after the patent was sealed the
governor made him a present in the name of the
corporation, as it is presumed he did to many other
officers through whose hands it passed, and which
was never refused by any of his predecessors when
it came from a community upon the passing a char-
ter ; which he never concealed from the king, who
thought he might well do it. In the last place it is
to be remembered, that after all the clamour against
this charter in parliament, and upon the arguing
against the legality of it by eminent lawyers before
the house of peers, it was so well supported by the
king's attorney general and other learned lawyers,
that the lords would not give judgment against it :
but the governor and the corporation durst not
dispute it further with the house of commons, but
chose to surrender their charter into the king's
hands.

The French had their ambassador, monsieur Oom-
minge, remaining still in England, who pretended
to be ready to finish still the treaty of commerce,
but formalized so much upon every article, though



382 CONTINUATION OF THE LIFE OF
1 665. nothing was demanded but what had been granted



to Cromwell, that it was concluded that he wanted
power, though somewhat was imputed to the capri-
ciousness of his nature, which made him hard to
treat with, and not always vacant at the hours him-
self assigned, being hypochondriac and seldom sleep-

The French [ n cr without OplUHl. As SOOn as the War Was de-
send am-
bassador^ clared, the king of France sent two other ambassa*-

land under dors, whereof, for the countenance and splendour of
mediation . ** the duke of Vcrnucil was one, who being uncle
to both the kings was received rather under that re-
lation than in the other capacity, and was lodged
and treated by the king during the whole time of
his stay. With him came likewise monsieur Cour-
tine, a master of requests, and much the quickest r
man of the three, and upon whose parts and address
most of the business depended. The former ambas-
sador was joined in commission with the other two :
and their declared business was to mediate a peace
between the king and the Dutch, when there had
been yet little harm done, only great preparations
made on both sides for the war ; which they did not
seem very solicitous to interrupt, but contented
themselves with declaring at their first audience,
" that the king their master out of Christianity,
" and to prevent the effusion of Christian blood, de-
" sired to mediate a peace, which the States of the
" United Provinces were very willing 8 he should do,
" and professed to have a very great desire of peace ;
" which made his Christian majesty hope that he
" should find the same good inclinations here, and
" if he might be informed what his majesty did re-

r quickest], quicker R willing] Omitted in MS.



EDWARD EARL OF CLARENDON. 383

" quire, or what would be grateful to him, he did
" not doubt but that he should persuade the States to
" submit to it. "

And with this general discourse, and without de-
livering any memorial in writing, the ambassadors
acquiesced for many months, as if their business was
only that the Dutch ambassador, who remained still
in London, might know and send word to his mas-
ters that they had begun their mediation. Other-
wise they seemed in all their discourses to make some
kind of apology for being sent, implying, " as if the
" extraordinary importunity of the Dutch had pre-
" vailed with the king to undertake this mediation,
" and which he did the rather, upon their promise
" that they would yield to any thing he should
" advise them ; and he was very far from desiring
" that his majesty might not receive ample satisfac-
" tion in whatsoever he required :" so that the king
did not imagine, whatever information he had re-
ceived before, and whatever jealousy he had enter-
tained, that this embassy would be concluded in the
denunciation of a war against him. Nor is it pro-
bable that the ambassadors themselves at that time
knew that they were to perform that office, though
it was afterwards evident that the matter had been
long before resolved in France. They lived between
the two courts, for the queen mother was likewise
at that time at her palace of Somerset-house, in
much jollity, and as vacant from any affairs till they
might receive new orders from court, but spending
much time with the Dutch ambassador, whom they
persuaded " that they were very intent upon and
" had much advanced the treaty," as appeared by
the ambassador's letters to the Hague.



384 CONTINUATION OF THE LIFE OF

1665. The plague increased so fast, that the queen mo-
The ueen ther, who had all the winter complained of her in-
mother disposition of health, and declared that she would in

leaves Eng-
land, the summer go again into France, took that occa-
sion x albeit she was recovered to a very good state ;
and about the end of July removed and embarked
for France, and took so many things with her, that
it was thought by many that she did not intend ever
to return into England. Whatever her intentions at
that time were, she never did see England again,,
though she lived many years after.

The duke It was in April that the duke went to sea : and
y from the day of his going thither with the fleet, let-
* ers an ^ OI> ders came from him to the day of the
battle for an addition of more ships, upon intelli-
gence of an increase of strength added to the enemy,
though they yet lay still in the harbours, whilst the
duke was upon their coasts. But Mr. Coventry still
made new demands, and wrote to the chancellor,
" that whilst the king's brother was at sea and ven-
" tured his own person, nobody who wished him
" well 1 would, for saving money, hinder any thing
" from being sent that his highness thought neces-
" sary for his defence :" and all things were sent,
though procured with wonderful difficulty.

The treasurer had believed, when all the provi-
sions were delivered which had been demanded, and
all computations satisfied which had been made, and
the fleet at sea, that there would have been no more
expense till its return ; whereas every day added
new expense which had not been thought of: and
the requiring of more ships was then believed, and

1 well] Omitted in MS.



EDWARD EARL OF CLARENDON. 385

more afterwards, to proceed from the restless spirit 1665.
of Mr. Coventry, who cared not how much he in-""
creased u the expense, and 'was willing to put the
treasurer and all the king's ministers to contend
with all difficulties, that he might reproach their
laziness or want of ability. But they did not gratify
him in that, but all the ships, and whatever else was
sent for, were sent ; insomuch as the fleet amounted
to no less than one hundred sail, and was now re- He retires
tired, for want of somewhat to do, to our own coast, iuh coastf"
where they resolved to attend the motion of the
enemy: and in this time most of the volunteers,
having endured the unpleasantness of the sea above
a month, begun to think that the war was not so
necessary as they had thought it to be.

The duke's family, that was numerous in his own
ship, were not at ease, and found less respect from
the seamen than they had x looked for : they grew
into factions between themselves, and the earl of
Falmouth and Mr. Coventry were rivals who should
have most interest in the duke, who loved the earl
best, but thought the other the wiser man, who sup-
ported Pen (who disobliged all the courtiers) even
against the earl, who contemned Pen as a fellow of
no sense, and not worthy of the charge and trust
that was reposed in him. In this discomposure and
having nothing to do, every body grew angry at the
occasion that brought them thither, and wished for
peace.

The earl of Falmouth, as in a time of leisure, was
sent by the duke with compliments to the king, and
to vgive him an account of the good state of the



how much he increased] to increase x had] Not in MS.
VOL. II. C C



386 CONTINUATION OF THE LIFE OF

1665. fleet : he visited the chancellor, to whom he had al-
~~ ways paid great respect and made many professions ;
and he told him, " that they were all mad who had
" wished this war, and that himself had been made
" a fool to contribute to it, but that his eyes were
" open, and a month's experience at sea had enough
" informed him of the great hazards the king ran in
" it. " He reproached Pen " as a sot, and a fellow
" that? he thought would be found without courage. "
He told him, " that the king and the duke too were
" both inclined to peace, and discerned that the
" charge and expense of the war would be insup-
" portable ;" and concluded, " that as soon as this
" action should be over, which could not be avoided
" many days if the Dutch fleet put to sea, as it could
" not be doubted it would, it would be good time to
" make a peace, which he desired him to think of,
" and to speak with the king, whom he would find
" disposed to it :" and so he returned to the fleet.
The Dutch And by that time the Dutch were come out, and
the next day were in view. They were near of
equal number, and well manned, under the com-
mand of Opdam, the admiral of the whole fleet, upon
whom the States had conferred that charge, that
the prince of Orange's party might conclude, that
they never intended that he should have the charges
of his father and grandfather, and likewise to gratify
the nobility of Holland, that had a very small share
in the government.