between the commons. An appeal from a decree in chancery had been A.D.1675. brought into the house of lords by Dr. Shirley, Dr.Shirley's appeal. against Sir John Fagg, a member of the house of commons. The lords received the appeal; which was resented by the commons, and declared to be a breach of privilege. They likewise passed a Difference vote, that no appeal from any court of equity was lords and cognizable by the house of lords, and ordered Dr. Shirley into the custody of the serjeant-atarms. The speaker's warrant for doing this was forcibly taken from the serjeant's deputy by Lord Mohun. The commons demanded justice of the peers against him; but he was so strongly supported by Lord Shaftesbury and others, that the lords justified by a vote what he had done. The house of commons ordered the barristers who pleaded in the cause to be taken into custody, 107 and the lords immediately ordered their release. These steps, which were pursued with great heat 107 During the debate upon this resolution, some ladies were in the gallery peeping over the gentlemen's shoulders. The speaker spying them called out, "What borough do those ladies serve for?" To which Mr. William Coventry replied, "They serve for the speaker's chamber." Sir Thomas Littleton suggested that the speaker should suppose they were gentlemen with fine sleeves dressed like ladies. "Yes; but I am sure I saw petticoats," rejoined the speaker.-Grey. A.D. 1675. in both houses, obliged the king to prorogue the Parliament parliament on the 9th of June to the 13th of October following. prorogued. The bill defeated by Lord Shaftesbury's scheme was improved with the breach great art and vigour, till it produced an open rup between the houses. ture between the houses; and probably no other method could have been taken to defeat the pernicious bill; for the majority of the commons, by the great sums dispersed among them, were ready to pursue the directions of the court. They would not, however, give up a point of privilege; and their jealousy upon the occasion inflamed them by degrees till they had gone too far to retreat. This was not foreseen by the ministry till it was too late to be prevented, so that it rendered void all the proceedings of that session. The views of the court, and the disposition of dissolution the commons, made Lord Shaftesbury the more of parliaearnest to procure a dissolution of the parliament. This was the frequent subject of his discourse, the constant object of his thoughts, during the prorogation. He endeavoured to persuade the principal members in both houses (as he told Lord Carlisle, in his letter, he was ready to do) that a new parliament would be for the interest both of the prince and people. At the same time, he Schemes for obtaining a ment. resolved to foment the quarrel between the houses A.D. 1675. at their meeting; that the court might grow weary of the parliament, and be more readily induced to dissolve it. The Duke of York and the papists were brought into a belief that a new parliament might be more favourable to them; for, though the present parliament had gone such lengths in extending the prerogative, it had been too vigorous against popery to relax, or to give the Roman catholics any hopes of repealing, the penal laws against them. Whilst, therefore, Lord Danby and others of the ministry were apprehensive of its meeting, though the court was in necessity for a supply, the duke was solicitous for it, with the expectation of some steps being taken that might bring about the dissolution, for which he and most of his friends afterwards voted. This was, undoubtedly, what his secretary, Coleman, alluded to in the following paragraph of a letter to the inter-nuncio, dated at Windsor, August the 30th, 1675. "We now passionately wish to see the coming on of the parliament, which we so much feared before: and, while it was held doubtful whether it ought to meet or no, we employed all our power VOL. II. K A.D. 1675. to bring it on; which point we have gained but within these few days. And, for my part, I no ways doubt but that we shall receive as much good by it as we apprehended ill, provided that the duke fail not in the good resolutions which he hath taken." Lord Shaftesbury Lord Digby. Lord Shaftesbury was, at this time, pointed affronted by out as the principal object of the court's displeasure. Frequent menaces were thrown out against him; but he was not affected by them, or diverted from his pursuits. Being in Dorsetshire during part of the recess of parliament, Lord Digby applied to him for his interest to be chosen knight of the shire in the room of Colonel Strangeways, deceased. Lord Shaftesbury said that he could give no answer till he knew whether his friend Mr. Freke would be a candidate ; and afterwards, with great frankness, told Lord Digby that he could not support his interest, and gave him his reasons. Lord Digby, soon after, on the 27th of August 1675, before a great assembly of the principal persons of the county at Fernditch Lodge, said to him, in a passion, "You are against the king, and for seditions and factions, and for a commonwealth, and I will prove it; and by God we will have your head next parliament.” in parlia ment by Lord Bristol. What design this threat was grounded on is A. D. 1675. not known, but the Earl of Bristol, (Lord Dig- and accused by's father and a Roman catholic,) on the 20th of November, attempted in the house of lords to charge Lord Shaftesbury with crimes of a high nature.108 It does not appear by the Journals what the charge was; but it is recorded in them, that the lords, by an unanimous vote, declared that the charge was groundless, and ordered the Earl of Bristol to ask Lord Shaftesbury's pardon. As the affront which he had received from Lord Digby was public, he resolved that the satisfaction should be so likewise. He brought an action against him in the king's bench: the words 108 This occurred in a debate upon a copy of one of the commons' resolutions in Dr. Shirley's case, which had been posted up in the lobby of their house. The Earl of Bristol was, as usual, very intemperate; and the house compelled him to beg Shaftesbury's pardon, and resolved that nothing he had said had made any impression upon them to that earl's prejudice : but it does not appear that Bristol attempted to make any formal charge upon this occasion. This was not the only quarrel which happened during this stormy debate. The house found it necessary to enjoin the Earl of Shaftesbury and Lord Arundel," that there be no further proceedings to any resentment upon any words passed between them this day." "Upon which," say the Journals, "they both presently promised obedience to the command of the house." |