Page images
PDF
EPUB

obedience, and had, in his writings, carried so far A.D. 1679. the notion of paternal dominion, that his friend Lord Halifax, who was a man of letters and no enemy to monarchy, had, as he himself acknowledged, reproved him for it. He was steadily attached to the interest of the Duke of York; Lord Shaftesbury knew the interest of the duke to be closely blended with that of France, popery, and absolute power, and he opposed it to the utmost. Sir William Temple was one of those who, out of council, had advised the prorogation of the parliament, in order to put a stop to the proceedings against popery and the plot; Lord Shaftesbury expressed openly in the house of lords very great resentment at this prorogation, and inveighed against its advisers. Sir William was a participator in the secret counsel for a dissolution of the same parliament, with which Lord Shaftesbury was equally offended; for the house of commons in being was composed of gentlemen of the best fortunes and quality, who had been truly chosen by the people, and who were too jealous of the court to be influenced by it. The houses were, indeed, at this time taking the most prudent steps for the liberty of the subject; and of these the habeas corpus act was the most memorable and effective.

A.D. 1679.

Observations of Rapin.

The reader, who considers Sir William's Memoirs with greater coolness than that with which they were written, must observe that, contrary to the author's intentions, Lord Shaftesbury forms a very important figure in them. He uses no collusions, no hypocrisy; but is open and plain in his advice, and steady in his conduct.

Rapin, after speaking of Sir William's insinuations against Lord Shaftesbury, makes the following remarks, which are too pertinent to be omitted: "It is not easy to comprehend how a single man should have had credit enough in the country party to direct them as he pleased, if that party had not otherwise known what Shaftesbury laboured to make them believe. For instance, this earl insinuated that the nation could not be secured against the Duke of York; and that, when he should once possess the crown, all provisions against him would vanish. Was he in the wrong?" After relating some of the causes of the nation's suspicions and fears, he goes on: " After this, how is it possible to believe that Lord Shaftesbury's intrigues and artifices were the sole cause of the commons' distrust? I do not doubt that he contributed to them; and that, being so well informed as he was of the king's secret de

signs, he opened the eyes of many people who, a.d. 1679. perhaps, would have been deceived by the artifices of the court. But this is not what is meant by ascribing the people's fears and jealousies to the intrigues of the earl. That he was actuated by a spirit of revenge, is no concern of mine; but the event too plainly showed how agreeable were his advices to the interest of the kingdom."

A.D. 1679.

CHAPTER VII.

The Habeas Corpus Act passed.-Charles dissolves the Parliament, and dismisses Shaftesbury from the Presidency of the Council.-Presbyterian Plot.-Attempts to assassinate Shaftesbury; their failure.-Petitions for a Parliament.-Shaftes bury's advice to the Council is acted upon.-He presents the Duke of York as a Popish Recusant.-Meeting of Parliament. The Commons pass the Exclusion Bill.—The Lords throw it out.-Lord Shaftesbury's Speech in the Lords.-He is accused of inventing the Popish Plot.

THOUGH Lord Shaftesbury was appointed preHistory of sident of the council, he continued the same corpus act. unwearied endeavours in the cause of freedom,

the habeas

and the same unalterable regard for the liberty of the subject. As he had suffered so much by an unjust imprisonment, he employed himself in contriving the most effectual methods to preserve others from the same calamities. With this view he drew up one of the most important and useful bills that was ever brought into parliament, entitled, "An act for the better securing the liberty of the subject." This is now universally known by the name of the Habeas

Corpus act; but at that time, it was commonly A.D. 1679. called Lord Shaftesbury's act.

Shaftesbury was not only the originator of this bill, we owe to him its preservation also and ultimate success; for after it had passed the house of commons, it met with great opposition in the lords. The court exerted their whole strength to throw it out, and Lord Shaftesbury supported it with his usual eloquence and spirit. Several amendments were made in it by the lords, with some of which the commons disagreed; and this occasioned many free conferences between them.

The court resolved to make its advantage of these disputes; and on the 27th of May 1679, it was known that the king intended to go to the house that morning, and, after passing the acts ready prepared, to prorogue the parliament, which would have defeated the habeas corpus bill. Another conference was therefore moved

122 It is well known that this bill was produced by the imprisonment under an order of council of Francis Jenkes, a London trader. The infamous conduct of the judges in refusing him a habeas, had an effect which they little foresaw. "Thank God that I have still courage enough to serve his majesty," said the chancellor as he resolved to perjure himself, and prostitute his high office to support his master's tyrannical conduct.-See this case at large in the State Trials, vol. vi. col. 1819.

« PreviousContinue »