« PreviousContinue »
PARLIAMENT RESTORED."} This day, also, the authority might revert into that channel (meanlong-designed Impeachment against William ing the Long Parliament aforesaid) by which Drake was ordered to be carried up to the the peace and settlement of the nation, through lords, by the lord Falkland, and delivered at his majesty's most gracious influence, might the bar of that house, in the name of the house durably, and without question, be provided of commons, and of all the commons in Eng- for and preserved. 4. If that be a lawful land. This Impeachment is entered in both parliament, (speaking of the Long Parliament the Journals, as follows:
aforesaid which he elsewhere affirmed to be in * The Knights, Citizens, and Burgesses of being) then this can be none, nor no other,
the House of Commons, in the name till this be legally dissolved.--All which pracof themselves and all the commons of tices for stirring up of sedition, the commons England, do hereby declare, complain are ready to prove, not only by the general and shew, against William Drake, citi- scope of the said Book, but likewise by sevezen and merchant of London;
veral clauses therein contained, besides these “ That whereas this present parliament, before-mentioned, and such other proofs as the through the blessing of God upon their endea- cause, according to the course of parliament, yours, and the incomparable grace and good shall require. And do pray, that the said Wm. Dess of his majesty's royal condescensions, Drake may be put to answer all and every of have proved the happy instruments of repair- the premises; and that such proceeding, examiing the breaches of this kingdom, restoring the nation, trial, judgment, and exempiary punishantient foundations, and passing many good ment, may be thereupon had and executed as and wbolesome laws for the safety and quiet is agreeable to law and justice." of the people, and are daily preparing such The lords ordered this Impeachment to be others as may yet seem to be wanting.--Ne- read, after which they made another Order vertheless the said Wm. Drake, in contempt That the said Wm. Drake should be appreof his majesty's crown and dignity, and of the hended as a delinquent, by the serjeant at laws and government of this kingdom, and out arms, and brought before them the next mornof a wicked and malicious intention to scanda- ing, to answer to his charge; which being lize and subvert the authority and being of this done, and he confessing his fault, the lords, in present parliament, and to raise and stir up consideration of the shortness of time for prosedition and division in this kingdom, and ceeding furtlier in this business, left him to be against the peace of our sovereign lord the prosecuted in the King's Bench by the attorneyking, hath lately, that is to say, upon or before general; where wliat further was done with the 18th day of Nov. last at Westminster, in him we know not. the county of Middlesex, written, printed, and Debate on the Bill of Attainder renewed.] published, in the name of one Thomas Phillips, Dec. 7 This day, Sir llencage Finch delivered gentleman, a certain false, wicked, malicious, in the Bill of Attainder engrossed. Mr. Prynne and seditious Pamphlet, intituled, • The Long observed upon the providence of God, That the • Parliament revived; or An Act for Continu- bill should be brought in at the very time, *ation, and the pot dissolving the Long Par- which was upon the same day 12 years, that • liament, called by king Charles the First, in the King's Trial was agreed on. He therefore * the year 1640, but by an act of parliament, moved, that some others of the regicides, who * with undeniable Reasons deduced from the had surrendered themselves, should be put * said Act, to prove, that That Parliament is into this bill and now executed, particularly the 6 not yet dissolved. Also Mr. William Prynne's lawyers, and named Garland. ' Captain Titus
tive Arguments fully answered, whereby be seconded this motion, and named sir Hardress * endeavours to prove it to be dissolved by the Waller, who, he said, was a pensioner to the • King's Death, &c. By Thomas Phillips, late king. saying, The Turks would not eat the : Gentleman, a sincere Lover of the King and bread of any man they meant to betray; and * Country.” In which said scandalous and that a Roran servant, who betrayed his masEeditious Pamphlet the said Drake, amongst ter, though for the publick yood, was executed. many other wicked expressions, clauses, and After some further debate the Bill passed. assertions therein contained, doch falsely, ma- The title of it was, “ An Act for the Attainder liciously, and seditiously affirm and declare, 1. of several Persons guilty of the horrid Murder That all other Parliaments have no legal capa- of his late sacred inajesty king Charles I.' city, till this (nieaning the Long Parliament, Resolutions for taking up the Bodies of Cromcalled in the year 1640) be legally dissolved. well, &c.] Dec. 8. The lords returned the 2. The Act (meaning the Act of Parliament Order sent up to them before, for taking up to which the title of the Pamphlet refers) is the Bodies of Cromwell, &c. with a small berciu express, That by no otber way or addition to it, which was agreed to. The means, but by an act of parliament, it shall Order, as entered in both the Journals, stands be dissolved; which, as it cannot be done by thus, viz. “ Resolved, by the lords and comthe dead king, but may be done by the suc- mons assembled in parliament, That the Carcessor, it ought to be só dissolved; or else it casses of Oliver Cromwell, Henry Ireton, John must and doth by virtue of this act, still remain Bradshaw, Tho. Pride, (whether buried in legally in full being and authority. ., 3. How Westminster-Abbey, or elsewhere) be, with much it were to be wished, that the legislative all expedition, taken up, and drawn upon a
hurdle to Tyburn, and there hanged up in other liquors ;* which was read twice, and their coffins for some time ; and, atter that, ordered to be referred to a Grand Committee, buried under the said gallows : and that James who were to sit de die in diem till that buNorfolk, esq. serjeant at arms, do take care siness was dispatched.--As it has ever been that this Order be put in effectual execution the custom of parliament to go upon Grievby the common executioner for the county of ances whenever subsidial Bills were in agitaMiddlesex; and all such others, to whom it tion, so now, when this grand Settlement on shall respectively appertain, who are required, the Crown was before the commons, this old in their several places, to conform to, and ob- affair was resumed, but it was somewhat sinserve, this Order, with effect ; and the sheriff gular to talk of Grievances in a government of Middlesex is to give his assistance herein, as so newly established, though upon its old there shall be occasion; and the dean of West- foundation. On this occasion, Sir Walter minster is desired to give directions to bis offi- Erle moved to do somewhat for the good of cers of the Abbey to be assistant in the exe- the people, in lieu of these great payments, and cution of this Order."
complained of some disorders in the Army. Protest on a Bill to racale certain Fines.] He said, That soldiers had come into some Dec. 13. An Act to vacate certain Fines houses he knew of, and calling the people unduely procured to be levied by sir Edw. “ Roundheads, oad done much mischief ; Powel, kit, and bart, and dame Mary bis which he moved might be taken care of. This wife, was read a 3rd time. The question being put, whether this Bill shall pass for a law? It * The celebrated Andrew Marvell, in his was resolved in the affirmative. Upon which first Letter to the Corporation of full, writes the following Protest was entered :
thus : “ The Excise bill for longer continuance “ Whereas before the question was put for (I wish it prove not too long) will come in passing the said Bill, leave was desired for en- next week. And I foresee we shall be called tering Protestations in the behalf of the lords upon shortly to effect our vote made the here underwritten, in case the vote upon the former sitting of raising his majesty's Revenue said Act should be carried in the affirmative, to 1,200,000l. per ann. I do not love to write we, in pursuance thereof, do enter our Protests so much of this money news, but I think you against the said Act for these reasons follow- have observed that Parliaments have been ing : That Fines are the foundations of the always made use of to that purpose, and assurances of the realm, upon which so many though we may buy gold too dear, yet we must titles do depend, and therefore ought not to at any rate be glad of peace, freedom, and a be shaken ; nor hath there any precedent oc- good conscience." Vol. i. p. 4. curred to us, wherein any Fines have been Dr. Granger in bis Biographical History of vacated by judgment or act of parliament, or England speaks thus of Marvell : " He was an otherwise, without consent of the parties ; admirable master of ridicule, which he exerted the eye of the law looking upon Fines as things with great freedom in the cause of liberty and always transacted with consent, and with virtue. He never respected vice for beiog that reverence, that no averment whatsoever dignified, and dared to attack it wherever be shall be good against them when they are per- found it, though ou the throne itself. There fected ; and farther, we conceive, that by a never was a more honest satirist. His pen future law to vacate assurances, which are was always properly directed, and had some good by the standing law, is unreasonable and effect upon such as were under no check or of a dangerous consequence, especially in this restraint from any laws human or divine. He case, where Skinner and Chute, purchasers of a hated corruption more than he dreaded poconsiderable part of the lands coinprized in the verty; and was so far from being renal, that said Fines, have petitioned, and yet bave not he could not be bribed by the king into silence, been heard upon the merits of their case, when he scarce knew how to procure a dinner. which is contrary, as we conceive, to the sta- He was chosen member of parliament for tute of 28 Edw. 3. c. 3. which saith, . No Kingston upon Hull, before and after the Reman shall be put out of his land or tenement, storation. The people of that place, who honor disinherited, without being brought to an- noured his abilities, but pitied his poverty, swer by due process of law.' (Signed) Edw. raised a contribution for his support. This Hyde, C, F. Montague, W. Say and Seale, T. was probably the last borough in England that Culpeper, T. Willoughby, Portland, Sandys, paid a representative. As even trivial anecWill. Petre, Cha. Hatton, Ch. Richmond and dotes of so ingenious and so honest a man are Lenos, Manchester, Tho. Coventry, W. Roberts, worth preserving, I shall subjoin the following, Brecknock, Norwich, Brudenell, L. Howard, taken from a MS. of Mr. John Aubrey, who W. Grey, Albemarle, Berkshire. A. Capell, personally kner him : ' He was of a middling Ro. Lexington, Suffolk, Stafford, Fr. Dacre, stature, pretty strong set, roundish_faced, P. Wharton."
cherry-cheeked, hazel eyed, brown haired. Debate on the Bill for settling the Excise on He was, in his conversation, very modest and the King for Life.] Dec. 14. Sir Hencage of very few words. He was wont to say, he Finch brought in a bill from the Committee, would not drink high or freely with any one, for settling on the King, during his life, the 'with whom he would not trust his life.''? Vol. other Moiety of the Excise on Beer, Ale, and üi. p. 357 and vol. iv. p. 49.
motion was seconded by sir John Northcot, him on that account : that he got guns into who moved for a Committee to consider of it, his house to oppose the lawful minister, who and present the Grievances to the lords; and come to take possession ; and therefore if they would not redress them, then this left it to the house to consider of this comhouse to remonstrate to the king. Col. King plaint.-Sir Samuel Jonos moved for the complained against the arbitrary power of Militia bill, that they, nuight know, he said, how Jord-lieutenants, particularly the lord Derby. to govern and he governed. Lord Falkland Mr. Stevens said, 'That as be bad lived an Eng- told the house, That the king had taken care hshman, he desired to die so, and not to leave for all these things ; and moved to go to the his posterity slaves. He spoke also against the business of the day. Sir A. A. Cooper said, bord-lieutenants, and moved for a Committee Those things had no approbation froni his mato examine all Abuses. Sir George Booth for jesty, but checks; and moved for a law to the same ; saying, There were very great know how to walk by a rule; but to pass over abuses abroad. Mr. Palnier moved to check i such things as could not be justified. At last, col. King, who mistook his information con- Serj. Maynard moving for some Amendments cerning lord Derhy. Mr. Harry Hungerford to be made to the old Militia bill, it was orspoke also against the exorbicancies; averring, dered, That the grand committee do meet that That, to his knowledge, in some places, 28. 90. afternoon about it. a-day was exacted for each trooper, and this Dec. 14. This day somewhat remarkable especially whilst the parliament is sitting; and happened, in regard to the Rules of the house moved to acquaint the king with these Griev- of commons. Serj. Maynard moved, That the anees.—Sir Heneage Finch said, The remedy Speaker would reprove all persons that he was to be had without going out of the door; observed talking, or but whispering, or reading it was but to resume the Debate of the Mi-a paper. Very soon after, and whilst a bill litia, whereby all these abuses might be regu- was reading, the Speaker took votice of some lated. He moved against any Remonstrance ; gentlemien that were talking near the bar; which, he said, was the wilderness in which at whereupon it was ordered, “That every memfirst they wandered to destruction ; and was ber of this house, who shall stand in the pasnot for having them sully the glory of their sage hy the door of this house, shall forfeit 12d. offering, the Revenue, with a complaint to the to be paid to the serjeant to the use of the king at the same time.-- The debate still con- Poor of Westminster." tinuing, lord Howard said, That these com- Dec. 15. The first Bill for settling an plaints were not so universal as some would Equivalent on the king for taking away the make them. He justified the district where Court of Wards, was passed in the commons, he bad to do from any such thing ; but that it after a great number of additions, alterations, all might be remedied by resuming the Militia and amendments made to it. The Bill for bill. Mr. Buockley was satisfied that there settling the other Moiety, &c. was referred to were soch Abuses done ; but said, That in his Monday. county all was quiet, by the care of the lord- Dec. 17. The celebrated Mr. John Milton lieutenant there ; yet was for a bill to restrain having now laid !ong in custody of the serjeant all. Mr. Bamfeld acquainted the house, That at arms, was released by order of the house. he had a petition given him, by one, against Soon after, Mr. Andrew Marvel complained the lord Derby, about a minister kept out of that the serjeant had exacted 1501. fees of Mr. bis church, whilst another was put into it by Milton; which was seconded by col. King lord Derby's soldiers, who had taken pes- and col. Shapcot. On the contrary, sir Heveage session of the minister's house : that they Finch observed, That Milton was Latin secreknoeked him down several times, crying, “Is tary to Cromwell, and deserved hanging. the rogue living still ” That they also knocked However, this matter was referred to the comdown bis wife, which made her miscarry; mittee of privileges to examine and decide the and, after thus injuring them, turned them difference. both out of doors. But yet, he said, That, in The second Bill of Settlement passed.] This all these complaints, there was no reflection day, also, the bill for the other Seulement on thrown upon bis majesty, but on those em- the King was read and passed. ployed urider him. He thought the bill for Sir John Northcot inade a motion, That che Militia could not now be finished in time; there might be 5 or 60001. given to the king to but moved to acquaint the king with these buy Jewels for the Crown, the rest being stolen matters, and desire bis care and reproof | from it ; seconded by the lord Valentia, and therein. In answer to this charge against the to make it up 10,0001. as a nsark of the favour lord Derby's soldiers, Mr. Rigby stood up and of the house, having taken away such a jewel said, That he came through the town where from the crown as ihe Court of Wards. Ms. the minister lived, and dwelt himself not far Prynne was also for the motion ; but for sir from thence, and he beard nothing of this great Henry Mildmay to pay it, baring, as he said, complaint made hy Mr. Bamfield : since he stolen the former.-- Lord Howard was for the got to town, he heard that this minister, Mr. motion, as also sir Wm. Lewis, who moved Jessop, refused to give obedience to a reple- for laying a Month's Assessment to raise the vin, which caused a great opposition by the money, rather than charge it on the Excise, sheriff's officers, and some violence was offered according to orders. Sir llencage Fioch seVol, IV.
conded this last motion ; and, accordingly, it parliament, who have deserved so well of him, was ordered, “That a Montl's Assessment, af- in such a manner, that they may not be obliged ter the rate of 70,000l. per mensem, be granted to use more expedition in the dispatch, than is to the king towards the charges of his ma- agreeable to the affairs which are to be disjesty's Coronation, and to buy Jewels for the patched, his majesty is graciously pleased to crown, suitable to his honour and grandeur, declare, That he will be ready to pass such and as a memorial of the respect and affection Bills as are necessary, in point of time, to be of this house to his sacred majesty.".
passed, on Monday morning; and then that Debate on the Post Office Bill.]. Captain ihe houses adjourn till Thursday, so that they Titus reported the bill for the Settlement of may have that day and Friday to put an end the Post-Office, with the amendments; which to those most public Bills which are not yet were agreed to. Sir Walter Erle delivered a finished; and his majesty will on the next day, Proviso for the letters of all inembers of par- being Saturday the 29th of this month, be preliament to go free during their sitting. Sir sent with them, and dissolve the parliament; Heneage Finch said, It was a poor mendicant and bis majesty desires both houses, against Proviso, and below the honour of the house. that time, to lay aside all business of private Mr. Prynne spoke also againt the proviso. concernment to finish all public Bills." Mr. Bunckley, Mr. Boscawen, sir Geo. Down. Dec. 24. The commons received a Message ing, and serj. Charlton, for it; the latter say- from the King, commanding the Speaker and ing, The council's letters went free. The ques- the house to attend him in the house of lords : tion being called for, the Speaker was unwilling on which they all went up; when the Speaker, to put it, saying, He was ashamed of it; never- as the Diary says, presented his majesty, in a theless the Proviso was carried and made part handsome speech, with the Bill for taking away of the Bill.
the Court of Wards and Purveyance, to which Dec. 21. Mr. Hollis acquainted the house, the king gave his consent: líkewise the Bill That he had just met the lord chancellor, who for settling the Moiety of the Excise on Ale, told him the king bad expected, ever since yes. Beer, and other Liquors, for increase of his terday, to hear from the house that their busic majesty's Revenue during Life. For which ness was ready, that he might dissolve the par- the king, in very few words, gave thanks as liament: therefore he moved, That this day present; but said he would enlarge himself ou and to-morrow all might be dispatched, so as Saturday following, the day appointed for disthey might have nothing to do on the next, solving ihe parliament. On the return of the but wait upon the king..
Coinmons to their own house, sir Heneage An accident happened this day in the house Finch moved to adjourn to the 27th, in regard of commons, which occasioned some merri- the lords did so.
Mr. Pierepoint desired that ment amongst them. The lords sent down the King's last Letter might not be entered in two messengers with some bills they had passed, the Journals, lest it should be thought the with soine amendments; to which the bearers house adjourned solely upon that Message, said, The lords humbly desired the concurrence wbich might be construed a Breach of Priviof that house. When these were withdrawn, lege (though he himself did wholly submit and the MS. Diary says, a hearty laughter ensued comply with the king's desire); for, he said, at the word humbly, and some moved to have That the king could not adjourn the house, it so put down in the Journals, as a precedent. though he could dissolve it; but that the house
Dec. 22. The lords sent down the Post- must adjourn, as an act only of itself. This Office Bill with an alteration, That the letters was the reason the Letter was not entered as of the members of the house of commons should usual. not go free; to which that house assented. The King dissolves the Parliament.] After
Niessage from the King concerning a Disso-) this, the commons reassumed, once more, the lution.], Dec. 22. A Conference was desired Bill on the Arrears of Excise, and had proby the lords concerning a Message from the ceeded in the debate so far as to order the King; which, at their meeting, the lord chan- blauks in the bill to be filled up; when the cellor reported, That he had delivered the usher of the black rod came to the door, and King's Message to the commons, which ran in the house being informed of it, the Speaker, these words, viz.
with the rest of the members, went up to the “ Flis majesty hath expected, ever since house of peers. Thursday morning, to be informed, that his The Speaker of the House of Commons' Speech two houses of parliament bad been ready to to the King.) His majesty being seated on the prescut such Bills to bim as they had prepared throne, the Speaker addressed himself to him for his royal assent, and bath continued ever as follows: since in the saine expectation, and hoped that “ Most gracious and dread sovereign ; The he might, this day, have finished the work, and knights, citizens, and burgesses, now assembled dissolved thein according to his signification; in parliament, being the representative body hut being inforned that there are yet depend of your commons of England, are, as conduiting ip both houses some few Bills of great im- pipes, orquills, to convey the streams of your portance to his and the public service, which people's dutiful affections and humble desires are not yet ready to be presented to him; and into your royal presence; and that being done, being desirous to part with his tsvo houses of they need no other Speaker but yourself, for they know your skill, and have had experience account will be fully cleared off at last.—Sir, of your will: and yet, royal sir, though they your commons have likewise taken into their bave no cause to complain, they cannot but consideration the charge of your Summer take notice of your partiality; for when any Fleet; which, besides that part thereof, your thing in point of right, or but conveniency, majesty is pleased to take upon yourself for hath fallen out to be, as we use to say, a mea- your ordinary guard of the seas, will amount suring cast, a disputable case, between your to a very great sum; and as it is a great debt, self and your people, without any regard or so it is a growing debt: in a few months it respect had to your own right, or the advan- doubles. There is a saying, 'qui cito dat, bis tage that might accrue to yourself by asserting dat;' I am sure it must be true in this case, the same, if the good of your people lich come qui cito solvit, bis solvit,' to pay bis debt reain competition with it, you have always cast it dily is the way to pay but once; and to take against yourself, and given it on your people's time to pay it is the sure way to pay it twice; side.—Royal sir; thus to undo yourself to do and therefore your commons, laying aside the your people goud, is not to do as you would sad thoughts of their long sufferings, and those be done unto; and can we du less ihan, by a miserable devastations and pressures they have grateful retribution, clearfully to pay your lain under for many years last past; and lookmajesty the just tribute of our duiitül obe- ing upon the necessity of atfairs, which call dience uoto all your royal commands; and, importunately, and must be answered effecupon all occasions, ready to sacrifice, se et sua, tually, hath passed another bill here in my all that we have or enjoy, lives and fortunes, hand, intituled, • An Act for 6 months Assessin the service of such an incomparable go- ment of 70,000l. per mensein, to begin the 1st vereign ?-But, royal sir, it becomes not nie to of Jan. and to be paid in, the one moiety fill your majesty's ears with air: -Joquere ut te thereof before the 1st of Feh, and the other videam is the only rhetoric the people ought moiety, being the remaining part, by the 1st of to use to such a king of kindness, and a prince April next ensuing:' which is to be applied so full of good works; and therefore, as I am wholly in paying off the Arrears of your macommanded, I must humbly assure your ma- jesty's Army and Navy. I have three other jesty that the inany healing expedients pro- Bills in my hand, which have relation to your pounded by yourselt, in your several most gra- majesty's Revenue, and are branches thereof; cious Declarations, have been the subject the one intituled, * An Act for the better ormatter upon which your commons have wrought dering the selling of Wines by retail, and for all this parliament: and, in the first place, preventing of abuses in mingling, corrupting; they took into consideration the great and and vitiating of Wines, and for settling and growing charges which then lay upon your peo- limiting the prices of the same:' and the bill ple for the Pay of your Army and Navy; and is tendered unto your majesty for preventing they conceived it necessary to begin with that all further disputes touching the legality thereof, part thereof next at hand, wherein your people for we know it is your majesty's desire, that would receive the most ease and the greatest nothing might be done by any of your officers security and satisfaction, which was the dis- or ministers that act under you, sine figura justibanding your inajesty's forces by land, and the tiæ et warranto legis. Another is intituled," Au paying off 25 of your ships then in tbe harbour, Act for erecting and establishing a Post-Office: and of no use ; and this led them to the con- and this being likewise legally settled, will be of sideration of such Ways and Means as were to very great usc to all your majesty's people, and be used to raise money for that purpose; and especially your merchants, for holding intellithat for Poll-Money being propounded and gence with their correspondents, factors, and passed, some were of opinion that that alone agents, in foreign parts, literæ sunt indices animi; would bave over-done the work, others baving and without the safe and speedy dispatch and had experience of a former bill of the same conveyance of their letters, they will never be vature, and upon the like occasion, fearing it able to time their business, nor carry on their Inight not answer expectation, and being un- trade to an equal advantage with the merchants willing to be deceived the second time, espe- of other countries. The other Bill provides cially in such a business as this, wherein a mis- for the increase of your majesty's ordinary and take was like to prove so penal, moved for a constant Revenue, by the grant of an impost further supply (which, after some debate, was to be taken upon Ale, Beer, and other beveragreed upon) of a two-months Assessment, at ages therein particularly mentioned and ex70,000l. per month; and botin have not yet pressed, to hold to your inajesty for life, which fully done the work for which they were dc- God long continue. And as it is the desire of signed; but with the belp of two other Bills your commons that your inajesty might never here in my hand, the one intituled, “ An Act be necessitated to resort to any extraordinary for the levying the Arrears of the 12 months or unparliamentary Ways and Means, for the Assessment, commencing June 24, 1659, and raising of Money upon your people, so they the 6 months Assessment, commencing Dec. likewise acknowledge it to be their desires i 25, 1659;' and the other intituled, • An Act support and uphold, to the utmost of their for the speedy provision of Money, for dis- powers, the honour and grandeur of your mabanding and paying off the Forces of this king- jesty's royal state and dignity.–And for a furdom, both by land and sea,' they hope this her evidence of your conmons dutiful affec