from the king's ministers. He does complain, | word!) He asks whether any commitment can and is in great fear of arbitrary proceedings. be without specifying special matter of crime, This way of commitment has been usual, but and not mere contempt? Would know, how no authority for it by statute or common law: Harrington stands committed? Whether upon but many complaints of it. The King's pre- the 1st, 2nd, or 3rd Commitment? In the 1st, sence! How far that may intrench upon the the lords of the Council charge crime-aggraliberty of the subject, ought to be examined. vate that to misbehaviour, and that holds He doubts. It is said, He was judged by his water, and they commit him to the Tower. eye and mien.' Every man has not bonne Suppose all the case be true of misdemeanor, mine. Persons ought not to be committed for he asks, Whether for misdemeanor a man that in that place. may be committed close prisoner? And whether they are not to take bail, if it be tendered? He would have them speak out, and then he will tell you more what he has to say.

Sir Wm. Coventry fears that the business before you, the more you handle it, will run the more into your fingers. He could heartily wish the respecting part to the king declined, Serj. Maynard. Harrington may be brought as it is not to be handled without pricking your to the bar, if he desires it. He may be infingers. Liberty is a tender thing, and may dicted or bailed. The countess of Shrewsbury concern himself as well as another man. A complained to the Council-table, that the lady secretary of state may call a man before him, Arabella was treating with foreign ministers. and if he refuses to answer, he may put him in The lady Arabella refused to answer. By the custody; and when he has him, the king may advice of the judges (at common law) she was have notice of it; but the crime of the Chan- committed, and it was no new thing. Ed. 1. cery-Affidavit, and the disrespect to the king A clerk forged a fine; the lord chancellor intervening, he is committed for that. It examined him; he was convicted, but removed seems, Harrington is in custody, and if he be to the exchequer, and there tried, and was of any use to you he will not be refused, if convicted. Some matters of state must be you send for him to know what is become of looked after, in another manner than the Harriot; but as to the disrespect-part, he common way: he cannot but justify the would leave that. Secretary's warrant-general, for misbehaviour. But that about pressing the men in Scotland, he does not.

Sir Henry Capel. This is an unhappy debate, and he desires we may be rid of it as soon as we can. He would preserve a good correspondence with the king, and seconds the motion, to be tender to meddle with this person. If a common justice of the peace may commit him in this case, much more the council board. We are gone and lost for ever, if we pay not respect to our prince, and if ever to any prince, to this. We know the tenderness of his nature: he would send for

Harrington, and interrogate him what you please, as to the other business.

Mr. Vaughan. No man that understands his duty to his prince, but will say that Harrington's gesture deserves censure. Remember your own stations: when your laws are contemned, justice is violated, and expected to be relieved at a committee of grievances; and if a person be so used that comes hither, you must enquire into it. He would adjourn the business to to-morrow, and let the Petitioner come then to the bar to give you an account of the grievance.

Col. Birch. If we slumber over this day's work, we shall never remedy it again. Such things as these come bye ways: but this shall not fright him but the warrant of commitment must tell you what this is. Williamson ought to have secured the person that gave information, as well as have committed Harrington.

Mr. Sacheverell loves plain English, and hopes other gentlemen do so too. As this case seems to him, if this be allowed, there needs neither Star-chamber, nor oath, ex officioNot only the Council table but the lords house commit for Contempt,' (A very brave VOL. IV.

Lord Cavendish moves for this other person, Harriot, to be brought likewise.

Mr. Sec. Williamson said, on his honour and sincerity, he knew not where he was, nor where to find him.

Mr. Harrington was ordered to be brought to the bar to-morrow.

March 17. The debate was resumed. Sir F. Winnington humbly conceives the jurisdiction of the council to be this: the case may happen, that they may commit a person to custody: if he be not bailable, he may be committed till delivered by due course of law: the magistrate cannot force bail. 17 Cha. i. reports it not as to this man, but to all: the council cannot punish the estate, or the person, in giving bail. He is to have an indictment, or information, preferred against him, and he pleads to it.

Sir Tho. Lee. Winnington tells you plainly, That the Lords of the Council may commit a man; but it must be in order to trial, not punishment. The matter stands now avowed by the deputy constable of the Tower, that Harrington stands committed close prisoner in the Tower: what greater hardship can he have? it takes away preparation for his defence, if on suggestion only; and that it is so close, no man can come to him. He may be sent beyond the sea, or put to torture, and if the warder of the tower keeps counsel, the man can have no remedy. He moves, therefore, that complaint may be made to the king, for keeping this person a close prisoner, and desire redress.

Mr. Sec. Williamson. The king (and for
SI

Col. Birch. He would not make affidavit, | bill; and he hopes every gentleman here will lest he mistake, as the Speaker did in declara- | give his helping hand to pull it off; and then tion of the law about Petitions."

The Speaker. He mistook only the fore part of the law for the latter; and he hopes his

mistake will never cost the house so much as

Birch's has done [in something relating to a
Tax-bill.]

Col. Birch. Whatever his mistake has cost the house, he is sure the marks were not upon the bags-[meaning that the Speaker had lost money at play, and the king's marks were upon the bags he sent the money in, being the Navy-bags.]

we shall see the spots on the face of this fair bill. In the last session, the lords were very busy in framing a Test for people to take, to secure the government, &c. which miscarried; now here is a Test provided for the king, and no man has less cause to be suspected.

Mr. Sec. Williamson. This is the first time of reading this bill, and it is of an extraordinary nature; and because the case is extraordinary, therefore it is an argument for a 2nd reading. The purport of it is this: That should the misfortune befall the kingdom of a Harriot the Scotchman, and Murray, were prince of the Romish religion, that then you next called to the bar and examined. After may endeavour to preserve the Protestant rewhich, Mr. Harrington was dismissed, and the ligion as one man. By what means, to have farther debate of the thing was left, sine die.* a Protestant clergy, three are to be presented Debate on a Bill for securing the Pro-to the king, by the bishops, to fill up vacantestant Religion, by educating the Children of the Royal Family therein.] March 20. Sir Harbottle Grimstone. He has heard of this bill, and liked the report of it well, but never read it. He finds, that it intends" securing the Protestant Religion, &c.' but he would not, under pretence of providing against Popery, do things against the legal and monarchical power of the kings of England. He wonders that it passed the lords house, and made no more noise than it has done. He thinks there is a vizard upon the face of this

"That the commons, who are the express guardians of the people, and who had so lately taken arbitrary commitments, by his majesty and the privy council, into their consideration, in order to make a better provision for their security, should all at once grow so negligent of their trust, as to suffer any one individual to apply to them in vain for protection and deliverance, can never be wondered at enough; and yet the session before us produces an instance [the above] remarkable enough, on all accounts, to challenge a place in the History of England." Ralph.

A

"This bill was called by one party, Bill against Popery; and, by the other, A Popish Bill.' It was of the Janus kind; for under the pretence of educating the Children of the Crown in the Protestant Religion, it admitted the kings of England to be successively Papists. They were, indeed, required to make a Declaration upon Oath, That they did not believe in transubstantiation; but if they refused it, they might. And all they were to pay for this licence was, the parting with so much of their power as regarded the filling all ecclesiastical vacancies, (but such as were in the gift of the lord chancellor) which were then to devolve to the bishops, under certain limitations, as expressed in the bill itself; (to be found in Marvell's Growth of Popery) so that, in effect, this bill was no better than a compromise between the Church and the Duke, by which the latter passed a sort of fine to the former for being of what religion he pleased." Ralph.

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cies; and the king is to take one.' If that objection be valid, That this is out of our power to do,' it is no purpose to make any laws. Though this bill comes not up to the whole of the cure, yet this house and the lords may make it up. Though the Church of England be in a body of professors of the Protestant religion, yet to be taught they must be sent; and whilst we have Protestant teachers, he hopes we shall be so ourselves. It is said, this Bill is to raise a faction between the laity and the clergy.' He thinks this Test proper to be given by such persons as may be supposed uncorrupt and untainted in religion.

Mr. Vaughan. We owe a natural allegiance to the king, as well as a political. He thinks this bill will be an unfortunate stain upon the nation. The king was once deprived of this kingdom by arms, and that was by the power of some few persons. But now this bill will do it by law, which is the sense of the whole nation. The laws since H. viii. contended to settle the supremacy on the crown, that you would now take away. Shall the king give this power away, and lodge it in the ecclesiastics? When the king once passes this into a law, he divests himself of his right, and puts it into the bishops.

Mr. Finch. This bill is for the security of the Protestant religion, and though this will not totally do it, yet it will go a good way towards it. The popish lords and papists abroad are against it, and therefore he is for it. He thinks it strange, that so many gentlemen, eminent for the profession of the Protestant religion, should concur with the Papists against this bill; but they apprehend encroachments ou royal prerogative. This is not a total deprivation of the king's disposing of ecclesiastical promotions; but what he may take off when he pleases.

Serj. Maynard. The general end of the bill is, to keep us a Protestant clergy. No man can withstand that. But, to throw out the bill for what he has heard, amazes him to hear it. We must not think ourselves secured against all accidents of Popery, if we may not suppose a change. There is no mention in

scripture, but where a true king, true religion. | for the king's age and constitution of body! It is said, This changes the king's preroga. tive.' If it should fall out to manacle the king's prerogative, we shall not, and the king may not, be short-sighted in that, before he passes it.-The Bill was ordered to be read a second time.

Mr. Hatcher's Petition was, upon the Question, rejected.

March 27. The Bill from the lords for educating the Children of the Royal Family in the Protestant Religion, &c. was read the second time. The house sat some time very silent, whereupon,

:

Mr. Mallet. In this bill there are interlineations, and figures, which is unparliamentary. He is against the commitment of the bill: it will blow up the government, it states an interregnum and an oligarchy. It is now a thesis amongst some churchmen, that the king is not king but by their magical unction. He knows not what the bill is--no interregnum can be by law-it sets up nine mitres above the crown -Monstrum horrendum!

The king is not in a declining age; and if we intermeddle in things of this consequence, we are not to look into it so early, as if it was the king's last will and testament. The law makes it treason, to imagine the death of the king that is-A word more in it-The true and proper sense is not to imagine the king's death -His age may confirm you in no danger suddenly of the consequences of the bill, but as for that of a Popish Successor,' he hopes it is a matter remote in the event, and would not precipitate that evil, no, not in a supposition. For some reason, without doubt, this matter Mr. Sec. Williamson said, this bill is of has been thought of in the house of lords, and great weight, by the silence in the house. He next to the king living, he would cast as little remembers, at the first reading, a remark upon umbrage on the successor, as might be. There one part of it for the education of the chil- is none yet in sight, but whose minds are in the dren, it was thought the time was too narrow, hands of God, who turns them like the rivers from 7 to 14 years of age.' He thinks it rea-of water.' Whilst there is time there is life, sonable to enlarge it, and moves that it may go and whilst life, time for information, and the to a committee for amendment, at least for nearer the prospect is to the crown, information that. of judgment will be much easier. When God 'takes him on high and shows him the glory of the world, and tells him, All these things will I give thee, if thou wilt fall down and worship me,' he thinks these will be no temp tation. Those who change for conscience-sake will have so much self-denial, that the crown will not make them alter the thing. It is unseasonable; it may be proper some other time, but not now. This bill is a great invasion on prerogative to whom ever God shall dispose the kingdom, it is entire to the king. He does not love to reflect on the persons of those who represent the Protestant religion-(the bishops.) But it is said, This invasion is not made by the prelates; they were but passive in it.' But he will not speak of such reverend persons, with any thing of severe reflection, but will only suppose this power of the bishops given to any other order of men; to nine physicians, and they administer the Test to the king. Having altered the property of the persons, to speak with a little more freedom, he knows no body of men, if the parliament please, but may do it as well as they. The College of Physi cians have a charter from the king, and are his sworn servants; let these come to the king to administer the Oath. It is a pretty experi ment. Just a trial, whether the loadstone will attract the iron, or the iron the loadstone. Who can think that any body of men, that must depend upon the king, &c.? Which way, think you, it draws? We have seen (and he hopes we shall never see it again) in Henry vi.'s Edw. vi.'s, queen Mary's, and queen Eliz.'s time, all sorts ready to turn, one, one way, another, another. It is appointed by the bill, that the bishops should wait upon the king at Whitehall, &c.' He thinks not but physicians may be thought by a Popish king, as proper cure for his soul, as bishops. The chevalier de Menevicette, physician to the Great Turk, was by him made Patriarch of Antioch. He thinks this power not fit to be lodged in any sort of persons whatsoever. Whatever prince

Mr Vaughan. The king by this bill is made capable of error; and if once an offence be sheltered under error of the king, you may seek impeachments elsewhere than in the house of commons. He finds not the great rights amongst the bishops, which the Romanists say--If Popery come in, they and their books must burn together. It is said, The king's children are to be taught the Lord's Prayer, &c. and the rudiments of religion; but as parrots, &c. Liberavi animam meam.' The bill is fatal to the crown, and so little in it to be retained, and so much to be rejected that he would throw it out.

Mr. Marvell wonders to see this bill so ready to be committed, that the consequence may be no likelihood of the king's consent. But it is an ill thing, and let us be rid of it as soon as we can. He could have wished it had perished at the first reading rather than have been revived by a second. IIe is sorry the matter has occasioned so much mirth. He thinks there was never so solemn and sad an occasion, as this bill before you; but he is glad the house is returned into that temper, which the gravity of the matter requires. The bill seems very unseasonable; the beginning is of two things not of mature consideration. First, it supposes 'the death' of the king. It might have had a more modest word to have disguised it from the imagination (Demise.') Secondly, it supposes that possibly the crown may devolve on a Popish government;' which ought not to be supposed easily and readily. God be thanked

Sir John Ernly. What the Speaker said yesterday, was in Marvell's vindication. If these two gentlemen are friends already, he would not make them friends, and would let the matter go no farther.

God gives us, we must trust him. Let us not, Debate on Mr. Andrew Marvell's striking in prevention of future things so remote, take Sir Philip Harcourt.] March 29. Mr. Marthat immoderate care in this bill. Sufficient vell, coming up the house to his place, stumbto the day is the evil thereof. Here is prick-ling at sir Philip Harcourt's foot, in recovering ing of bishops, as if pricking sheriffs. If the himself, seemed to give sir Philip a box on the king does not, they must. Here bishops make ear. The Speaker acquainting the house, bishops; (as inherent a right to the crown as That he saw a box on the ear given, and it any think possible.) He desires, that, during was his duty to inform the house of it,' this dethis king's reign, we may apply ourselves to bate ensued.* preserve the people in the Protestant Religion, Mr. Marvell. What passed was through not only in the profession of it, but that men great acquaintance and familiarity betwixt us. may live up to it, in morality and virtue of re- He neither gave him an affront, nor intended ligion, and then you establish men against the him any. But the Speaker cast a severe retemptation of Popery, and a prince that may flection upon him yesterday, when he was out be popishly affected. If we do not practise of the house, and he hopes that, as the Speaker upon ourselves, all these Oaths and Tests are keeps us in order, he will keep himself in order of no use; they are but phantoms. The bill for the future. has a very good title, and a good intention, but nothing but the title is urged to be of the least validity. This puts him in mind of a private bill you would not countenance the pretence of no people to make compact for themselves. It is said, the bishops promoted not the bill, but they were under fear, in the lords house. Promotions make some men much better, and it is power that makes Popery: So great a power assembled upon such a body of men! The bill he spoke of, pretended, that the dean and chapter of Durham would have benefit by a ballast shore to be erected at Yarrow-Sleake, on Newcastle side. Says one, it will narrow the river.' Says another, it will widen it.' It was then said, that gentlemen love not to play tricks with navigation' much less should the nation play tricks with religion. But whether this bill will prevent Popery, or not, this will secure the promotions of the bishops; it will make them certain. He is not used to speak here, and therefore speaks with abruptness. Closes all with his motion that the bill may have the same fate others have moved for, not to be committed.'

Serj. Maynard. Nothing is more desirable than the end of this bill, but to the means to attain that end, he knows not how far he can consent, or whether at all. But he is not for desperate remedies. He would not have any thing propounded prejudicial to the crown. He has some difficulties upon him, but would commit the bill.-The Bill was then committed, 127 to 88.†

*This gentleman, in his Growth of Popery, expresses himself thus: "That the bishops were either the contrivers or promoters of this bill, is a scandalous falsehood, and devised by the authors to throw the odium off from themselves upon the clergy, and (the bills that aimed at the ruin of the Church of England having miscarried) to compass the same end by this defamation. A sufficient warning to the Clergy how to be intrigued with the statesmen for the future!"

"This notorious Bill,' as Marvell calls it, after being committed, died of neglect, the committee either disdaining, or not daring publicly, to enter upon it." Ralph.

Sir Job. Charlton is sorry a thing of this nature has happened, and no more sense of it. You in the Chair, and a stroke struck! Marvell deserves for his reflection on you, Mr. Speaker, to be called in question. You cannot do right to the house, unless you question it; and moves to have Marvell sent to the Tower. The Speaker. I saw a blow on one side, and a stroke on the other. Sir Philip Harcourt. Marvell had some kind of a stumble, and mine was only a thrust; and the thing was accidental.

Sir H. Goodrick. The persons have declared the thing to be accidental, but if done in jest, not fit to be done here. He believes it an accident, and hopes the house thinks so too.

Mr. Sec. Williamson. This does appear, that the action for that time was in some heat. He cannot excuse Marvell who made a very severe reflection on the Speaker, and since it is so enquired, whether you have done your duty, he would have Marvell withdraw, that you may consider of it.

Col. Sandys. Marvell has given you trouble, and instead of excusing himself, reflects upon the Speaker: a strange confidence, if not an impudence!

Mr. Marvell. Has so great a respect to the privilege, order, and decency, of the house, that he is content to be a sacrifice for it. As to the casualty that happened, he saw a seat empty, and going to sit in it, his friend put him by, in a jocular manner, and what he did was of the same nature. So much familiarity has ever been between them, that there was no heat in the thing. He is sorry he gave an offence to the house. He seldom speaks to the house, and if he commit an error, in the manner of his speech, being not so well tuned, he hopes it is not an offence. Whether out, or in the house, he has a respect to the Speaker.

But he has been informed, that the

* There is no mention of this in the Journal.