6 Mr. Vaughan finds now the whole stress of the business to be the king's honour.' 'If all national contracts are broken, no nation will trust us.' It is so amongst common men: but after you find leagues have been destructive, it has been the prudence of princes, (who may err like other men) to recall such leagues. When a peace shall be made, you expose these men to be knocked on the head; and when wounded, they have been knocked on the head to make room for the French. If you allow them to be there, you may be put to pay them before long: therefore would recall them. we may have a gracious Answer to; and is pure matter of advice, and the king tells you for the Address for recall of the forces. positively, he cannot do it with his honour,' Mr. Sec. Coventry. All the long discour-where will it end if the king should deny you? ses here have been, Whether we shall go to And you cannot force the matter upon him, war with France, or no.' As to the com- but leave him at his liberty: he appeals to parison of the plant in a garden,' the best precedents in this kind. answer to experience is experience. There is not one English pair of colours in Holland, and yet more men gone over into Holland, by thrice the number, than into France. These are things that cannot be avoided. A man of honour breaks not his word with any man, but much less where he is most obliged. If there should be any such agreement of no more acceptance of our troops, 'the eagles will go where the carcass is,' where money is. More of our men have come over to Holland from the French army than we have sent into France. Should the world take notice of any unanimity betwixt you and the king, let all men lay their hands upon their hearts, and declare, whether the king can recal these forces with his honour. Col. Birch. England is of that spirit, rather to desire to know the worst of a danger, than stay till to-morrow for it. You are told of secret engagements that may prostrate the honour of the king.' In this case here is an end of your debate. Either we must debate thus, or consider how the interest of the nation is. The king cannot miscarry when he goes into this bottom. There are 90 in a 100 against France, all England over. You may make war with France with the money he overbalances you in your trade, which you get, like bees, by industry: remembers that if you had not only made peace with the Dutch, but told the king of France why you did it, you had not now debated this matter here. If you will not adjourn the debate, put the question. Mr. Sawyer. Whenever you demand right you stick to it. As on the imprisonment of one of your members, there is either cause shown for it, or else you deliver him. You have made Address upon Address for him, and if not released you adjourn, as in lord Arundel's case, in the lords house. Where an Address for a thing is matter of advice only, and not of right, you have always acquiesced in the king's Answer. If it be a demand of right, he is for adhering; but it being See vol. ii. p. 125. This was in 1626, when the earl of Arundel was committed to the Tower for being too severe in language ou lord Spencer, concerning the marriage of his eldest son, Henry, lord Maltravers, to the lady Eliz. Stuart, eldest daughter to the duke of Lenox; which, it was alleged, was done contrary to the king's consent and knowledge, he having designed her for lord Lorn. When the parliament met, the lords, being discontented, presented several petitions to the king, to preserve the privilege of parliament, and, no cause of his commitment being expressed, at length refused to sit, until he was restored to them; which was ordered accordingly, in about three months. See Collins's Peerage, vol. i. p. 139. Mr. Sec. Coventry. Inspect records, and you will find whenever a king has told you, he could not concede a thing with his ho nour,' that you never have farther pressed him to it. Sir Edw. Dering would, in this great affair, take the deliberation of one whole night to consider of it, and would now adjourn the debate. Disorder on the Division.] The question being put, "Whether a farther Address should be made to the king for Recall of his subjects now in the service of the French king," the grand committee thereupon divided; and the tellers, viz. sir Trevor Williams, and sir John Hanmer, appointed by the chairman, sir Charles Harbord, differing in their account of the Yeas and Noes, some called, 'Tell again,' others, Report; on which great disorder began; gentlemen rising from their places and mingling in the pit; hot and provoking discourses and gestures passed on both sides, especially betwixt lord Cavendish and sir John Hanmer. Some said, that lord Cavendish's sword was half drawn out, but prevented by Mr. Russel, who kept close to him. Others said, that lord Cavendish spit in sir John Hanmer's face, but that was only eagerness of speech, and so some might accidentally fly from him. But it was visible to all that sir James Smith, setting his arms on his side, did, in a rude manner, make through the crowd, and jostled several, and came up to the table, where yet more hot discourses passed between him and lord Cavendish, Mr. Stockdale, Mr. Sacheverell, and several others; Mr. Stockdale and some others, setting their feet upon the mace, which lay below the table, in the usual place at grand committees. This disorder continued near half an hour, the standers by, on the upper benches, expecting very fatal consequences, especially when the young gallants, as Mr. Thynne, Mr. Newport, and several others, leaped over the seats to join lord Cavendish. But the Speaker, very opportunely and prudently, rising from his seat near the bar, in a resolute and slow pace, made his three respects through the crowd, and took the chair. The mace was still retained by the said gentlemen, but, at last, being forcibly laid upon the table, all the disorder ceased, and the gentlemen went to their places. The Speaker, being sat, spoke to this purpose, "That to bring the house into order again, he took the Chair, though not according to Order." Some gentlemen, as Mr. Sacheverell, and others, excepted against his coming into the Chair, but the doing it was generally approved, as the only expedient to suppress the disorder *.-Then Sir Tho. Lee, approving of the Speaker's taking the Chair, though not according to Order, moved, That there might be an engagement passed upon the honour of every member, standing up in his place, to proceed no farther in any thing that had happened in the unfortunate disorder at the Grand Committee, fearing that, as soon as the house had risen, the thing might be recriminated, and ill conse quences ensue thereupon.-Which was seconded by several, and agreed to. So every member, standing up in his place, did consent accordingly; then particularly, Col. Somerset For declared that some warm expressions had passed between him and sir Rob. Thomas, but, upon command of the house, he would give his honour to proceed no farther thereupon.-Sir John Hanmer did the same, but named nobody. So the house adjourned to the next day. May 11. The house resumed the further consideration of his majesty's Answer. The question being propounded, that a further Address be presented to his majesty, for Recalling all his subjects that are in the service of the French king; the question being put, that the word all' do stand in the question: The house divided. For the yeas, 172; for the noes, 173. And so it passed in the negative. The question being put, That a further Address be presented to his majesty; It was resolved in the affirmative. Debate on receiving no more Bills.] May 17. Mr. Eyre wishes the digestive faculty of this house answerable to the hands that feed it, that we might dispatch what business now may be brought before us; but because we have much upon our hands, and the time we are to sit probably not very long, movesThat no other Bills may be received, but what are already before us, or which may come from the lords.' Sir John Coventry. We have yet neither removed Privy Counsellor, nor broken the French league, since we sat. Would have members stay here, and attend their duty, and not go down these holydays; and seconds Eyre's motion. Sir Tho. Lee thirds the motion. Sir Joseph Tredenham would never tie up our hands from other business. He never knew a precedent of it. He being interrupted by many saying No, No,' said, He would be answered by reason, and not by noise. Sir Nich. Carew has known this, that is now moved for, done almost every session, and would bave it so now; especially because the business of religion may not he interrupted. Sir Rob. Carr has known when no private business might be brought in, to interrupt the public; but he never knew such an order made as is moved for. It is very extraordinary to exclude public business, which may be of dangerous consequence: would, therefore, exclude private business only. Sir Tho. Meres. Anciently this motion was parliamentary, when parliaments sat a shorter time than now: no new petitions were to be brought in. You cannot have a more advantageous thing to the bills before you. Let such as will go down see what is before you that no new matter may be started. Sir Henry Ford is glad to see the house so unanimous for Bills in your hauds, but is not for this question: will you preclude yourselves from taking any more bills? What occasion can you tell but you must have more bills? You were told, not long since, your being depends on the Address about the French forces; and will you shut up your hands against all possible cases whatsoever? Mr. Vaughan. We are but passing a vote, not making a law for it. If we were, would then be of Ford's opinion: constantly parliaments have set a time for receiving petitions, when parliaments were shorter than they are now. The king has pointed out to us Religion, and Property, and Safety. We have let others in, and that out, by new business; and is the more for it, by what he has heard abroad of our sudden recess. Therefore moves, that all Bills we are not already possessed of, or may come from the lords, may be excluded.' Grey.-There is no mention of this disturbance in the Journal; all that is there said is, Mr. Speaker resumed the Chair.' But a writer, who was, probably, present at it, gives us the following account. One day upon a dispute of telling the numbers upon a division, both parties grew so hot, that all order was lost; the members ran in confusion up to the table, grievously affronted one by the other, Sir Ch. Wheeler should not have been against every man's hand upon his hilt, and all ready the motion, had you said, 'till the Bills beto decide the question by the sword. But fore you were finished, no new bills should be when the tumult was loudest, the Speaker had brought in.' If the king adjourns us not yet, the honour to restore the peace, by maintain- or we sit six months, will you sit still, and do ing the dignity of the Chair, after that of the nothing? The precedents of 1641 and 1642, house was gone, and obliging every man to may be brought up an 100 years hence, like the stand up in his place and engage his honour 19 Propositions: are we not masters of our not to resent any thing of that day's procced-own sense and resolutions? The vote is altoings." Marvell, gether needless. any man. Mr. Sec. Coventry. To say, positively, not to receive any thing from the king, we know not how such a thing may be. He has no foresight of any thing that may come from the king. The thing is too much unprecedented, and, whenever done, it ought to be with great deliberation. Pray God, our difference with the lords may be happily composed! He should hate himself, if he did not desire it. It is not easy to see an accommodation with the lords, but by a Bill, and possibly more natural for us. We are not yet prepared for matter for so good a bill, but the long robe may adjust your privileges and is sure it would be prejudicial to your reputation, should such a bill come from the lords. Why should our hands be bound? We are in a profound and safe peace, by God's providence who knows but there may be a necessity of the very safety of the government, by loss of battles abroad, and other contingencies? Would not presume upon God's providence, so much as this vote will. Mr. Swynfin. The motion is, That no new Bill be received, other than what shall come from the lords. What is moved hinders no bills from the lords. If any thing should be extraordinary, as the miscarriage of a battle, mentioned, you are secured by the Vote not excluding Bills from the lords, and you are free but here is your danger, a custom of receiving new bills almost every morning. So many bills make your committees diverted; and scarce a new bill, but the committee is called from the attendance of the former bills. He has observed of this parliament, that there were never more explanatory bills. This motion is not to tie up your hands, but not to stretch them so, that business may fall from you by grasping more; having already several bills, that cannot pass this session, of great importance, and like to have long debates. There may be an emergency, and it is supposed only. If you take more bills upon you, you cannot pass many before you. It is a reasonable motion. Sir Francis Drake. If this difference between the lords and us be accommodated by Bill, Westminster-Hall must judge our privileges, which, he hopes, he shall never see. They say abroad, that the king of France will not go into the field till this parliament be up, and for that reasou he would not lengthen the session. Sir Tho. Clarges. It is a necessary motion, not to exclude any thing from the lords, and is for the motion. Col. Titus. It is reason, that the bills before you should not be obstructed, till they shall have their doom; possibly something as necessary may happen as any thing already before you It is answered, it may then come from the lords.' Supposing the lords have such notice, they may make such a vote likewise. It may be of dangerous consequence. Mr. Hale. Considering the time of the year, aud the little yet done, must leave other gentlemen to find a reason for it, he cannot hope to do it, how to be dispatched. He fears a thin house, this festival calling people out of town; and if a motion should be for a million of money, here would be few to maintain the battle. Sir John Birkenhead. Suppose the king should send us an Act of Indemnity, he should be loth to lose his share of it: will you tie your bands against receiving it? A gentleman said, he heard the king of France will not take the field till we rise; therefore he would sit on. The thing has an ill aspect: he would have precedents for it. Sir John Talbot. You are offered arguments for this motion, which are strong reasons against it, Members going out of town.' Is, therefore, against the motion, because it will keep members here: but would have the word private' added to Bill.' Sir Edw. Dering. This is an unusual vote proposed; would see one such vote that ever passed: remembers only something like it, when our days were numbered. He usually gives his negative to what he understands not: would willingly have some consideration of it. If it be a good vote, it is a good one two days bence; and would adjourn the debate to Wednesday, Mr. Powle. This vote proposed does not so oblige, but, that, if any extraordinary thing come to pass, we may revoke it. Had we put Popery, Property, and the Fleet, in any way, we might have come to such a vote, in obedience to the king's Speech. What can be done by bills is already before us; to admit more, is but to incumber those. This seems to him to be perfectly the state of the question, whether we shall do any thing, or no? There-fore he concurs with the motion. Mr. Pepys. The little he has to say, is, to join with Powle about the Navy. How far Religion and Property are secured, he knows not, because he has not seen the bills. In his humble apprehensions, the navy is not provided for. He takes his rise from the bill for appropriating the Customs; if what he said the other day be true and he can make it out, that there is yet no provision made out for it. If 400,000l. be no superfluity, to make this fleet of yours equal to what it should be with your neighbours-plainly, in view, it is necessary, indispensibly: to the value of the bill, then, have you complied with the king's Speech? For all this is but necessary to keep the fleet as it is. Mr. Harwood is sorry the crown of England has gone so far backward, as France has gone forward. We hear of the ill condition of the navy, but not of the good. If we ought to be afraid of the French, by sea, or land, why do we suffer our men to stay there? As to the navy, so considerable to us, when our wooden walls are down, every one may come at us. The French having so admirable navies, and we so poor ones-Which might have been otherwise, if all the money given to that purpose had been so spent. If that which you have appropriated to the navy will not do, you may think farther of it, when you meet again. | He concurs with the motion. Mr. Sawyer. Here is a great debate. For fear of confusion on one side, and surprize on the other, moves to have no more bills brought in, after the first day of the next term. It is for the interest of the king to finish those before you; and he would have a convenient time set, for bringing in any more. prize of the passing the bill for the Fee-Farm Rent-great defect followed. A convenient time set to limit the bringing in of Bills would salve the doubts on both sides. The sur best service for the house; they are the very words proposed by the first man that moved it. Mr. Swynfin rises to speak to the words, 'extraordinary occasion,' proposed to be added to the question. If the extraordinary occasion be from abroad or at home,' must be meant, which this house has no prospect of now. It will be private interpretation in this case; it will occasion, no man knows how many motions and interpretations, a man's own way, and give interruptions to your business, and he is therefore against the words being added to the question. Of two inconveniences, the greatest is to be avoided: if any man thinks that, by it, he has excluded all extraordinary things, the house is the judge of that only. Sir Rd. Temple thinks you sufficiently armed against these extraordinary occasions.' Your vote itself will give you liberty sufficient. It is only a trial, whether any man will offer you any thing extraordinary, or not. Mr. Hopkins remembers that the last tax was, for the king's extraordinary occasions.' Sir Wm. Coventry. He has the less to say, because his sense is already expressed the word extraordinary' is not only useless but dangerous; as if the house, without those words, was not masters of their own orders. Should be loth that it binded us up so as not to alter it, either on some great victory obtain Mr. Finch". We ought not to put the question, to prejudice any other business; we have not yet proceeded sufficiently for that. We are not to exclude Property, by petitions from private persons, that cannot have remedy in another place. He has received many particular papers; he calls them so, because delivered to him by particular men. Trade re-ed, or new occurrences. spects property. The motion about trade, for planting flax in England, is public, because it saves 800,000l. a year for coarse .cloth, brought from beyond the sea. Religion ought to have the first place in your thoughts; but he moves that last, to rest it in your thoughts the better. The last session, you considered of Indulgence; and because we are safe on the shore, shall we have no consideration for them who struggle with the tide? Whatever the case be, it is charity and prudence to think on them, so considerable a part of the nation; and would not have them in despair. Sir Tho. Meres. Whenever a necessity comes, that is for our advantage, or the nation's, it will over-rule all orders: believes that no-body that urged the question intended those words. Mr. Sec. Coventry would have this word added to the question, not foreseeing what great occasions might come; for extraordinary occasions alter all orders; therefore would have the words, unless upon extraordinary occasion,' added to the question. Sir Tho. Meres. Writing the question is the * Son to the Lord Keeper. He succeeded to the earldom of Nottingham on his father's death in 1682, as he did to that of Winchelsea in 1729, a few months before he died. In the reigns of king William and queen Anne he was Secretary of State, and in king George the 1st's, Lord President of the Council. Burnet, speaking of his conduct at the Revolution, says, "That he had great credit with the whole church party, for he was a man possessed with their notions, and was grave and virtuous in the course of his life. He had some knowledge of the law, and of the records of parliament, and was a copious speaker." : Mr. Sec. Coventry. The word necessity' is always avoided in this house; and would have it so now. The word extraordinary' in the question, was then rejected, 169 to 121. And the main question "That no Bill be brought in, or received, but such as are already ordered to be brought in, or shall be sent down from the lords, until after the recess mentioned in his majesty's Speech," was passed. The famous Non-Resisting Test brought into the House of Lords.] While the commons were thus employed "the grand push" says Mr. Ralph "was made in the house of lords, to disarm disaffection and republicanisın, according to the royalists; or, according to the pa triots, to extinguish the last spark of English * After the session broke up, a Pamphlet, entitled, “A Letter from a person of Quality to his Friend in the Country, giving an account of the Debates and Resolutions in the House of Lords, in April and May 1675, concerning a bill entitled, "A Bill to prevent the dangers which may arise from persons disaffected to the Government," was published by the celebrated Mr. Locke, who drew it up at the desire of the earl of Shaftsbury. It will be found at length in the Appendix to the present volume, No. V. ↑ Vol. i. p. 170. liberty. The expedient which was to facilitate | imposed on them, as inémbers of either house, this mighty event, and which was the joint and at the same time refusing to admit of a product of all the subtilty that the schools, proviso inserted in a late Act for ⚫ preventing the bar, or the court, could furnish, was con- Dangers that might happen from Popish Retained in the following oath: 'I A.B, do de- cusants; whereby the privilege of every peer, clare, that it is not lawful, upon any pretence and all their privileges, would be as fully se'whatsoever, to take up Arms against the cured from this act, as the other; a fourth king; and that I do abhor that traiterous Protestation was entered, which was signed by 'position, of taking up arms, by his ahority, 16 peers, who thought these latter proceedings against his person, or against those that are of the house inconsistent with their two former 'commissioned by him, in pursuance of such orders.-During the course of the debate on commission: and I do swear, that I will not, the privileges of parliament, the earl of Bo' at any time, endeavour the alteration of the lingbroke observing, that, though the proviso 'government, either in Church or State. So left the business within doors free, the Oath belp me God.'-The person who had the ho- took away all private converse without, on nour of being the first mover for the court, matters of state, even with one another; the upon this great occasion, was the earl of Lind- lord keeper, the lord treasurer, and the duke sey, lord great chamberlain. One party, who of Lauderdale, told the committee, in plain had for their mouth the Lord Keeper, called terms, That they intended to prevent caballing, it a moderate Security to the Church and and conspiracies against the government; and Crown.' The other declared, That no con- they knew no reason why any of the king's veyance could ever, in niore compendious or officers should consult with parliament-men, binding terms, have drawn a dissettlement about parliament-business; and particularly of the whole birthright of England.'-The mentioned those of the army, treasury, and penalty which the peers became liable to, navy: and when the marquis of Winchester on refusing this Oath, being incapacity to sit proposed an additional Oath, That every man and vote in their own house, the first stage should swear to vote according to his opinion of opposition to it arose from the peculiar and conscience, independent of threats, or rights of the peerage; and all objections on promises, rewards or expectations, the lord that head being over-ruled by the major vote, keeper made no scruple to declare, in a very 24 lords entered their protest; in which they fine speech, that it was an useless oath; for gave it as their opinion, that the privilege they all gifts, places, and offices, were likeliest to had of sitting and voting in parliament was an come from the king: and no member of parhonour they had by birth, and a right so in- liament, in either house, could do too much for herent in them, and inseparable from them, as the king, or he too much on his side: and that that nothing could take away, but what, by men might, lawfully and worthily, have in their the law of the land, must, withal, take away prospect such offices and benefits from him.— their lives and corrupt their blood.-After five Proceeding to those extravagant words in the days debate, the Bill was committed; but not Oath, or against those commissioned by him,' without another Protest; in which it was urged, the house fell into yet greater heats; the opthat the bill struck at the very root of govern- posing lords making no difficulty to declare, ment, since it took away all freedom of votes That if whatever is by the king's commission and debates: for he that swore never to 'alter' be not opposed by the king's authority, then a parted with all his legislative power at once, standing army is law, whenever the king and became perjured by endeavouring to pleases. This was illustrated in the following amend.'The majority were so incensed at free manner: if, in suit with a great favourite, this second Protest, that some thoughts were a man recovers house and land, and by course entertained of sending the 12 peers who signed of law, be put into possession by the sheriff, it to the Tower: but the lord Holles desiring and afterwards a warrant is obtained, by the leave of the house to add his name to it, that interest of the person, to command some solhe might have the honour to suffer with them, diers of the standing army to take the possesthey did not think proper to carry their re-sion, and deliver it back; in such case, the man sentment so far, but contented themselves within possession may justify the defending himself, voting, That the Reasons given in the said Protest did reflect upon the honour of the house, and were of dangerous consequence which Vote was also protested against by 21 of their lordships, as a great discountenancing of the very liberty of protesting. To take off the edge of so fierce an opposition, the penalty of forfeiting their seats in parliament, by refusing the Oath, was taken off by order of the house; and, by another order, a Proviso was added, to secure the freedom of parliamentary proceedings but the house still persisting to subject every member to the first enactingclause of the Bill, whereby an oath was to be : and killing those who shall violently endeavour to enter the house; yet the party whose house is invaded takes up arms by the king's authority against those who are commissioned by him. And it is the same case, if the soldiers had been commissioned to defend the house against the sheriff, when he first endeavoured to take the possession according to law; neither could any order or commission of the king put a stop to the sheriff, if he had done his duty, in raising the whole force of that county to put the law in execution; neither can the court, from whom that order proceeds, (if they observe their oath and duty) put any stop to |