and money given for a Fleet, and we had no Journal.' I propose that way as most expedient. Sir Harbottle Grimstone. It has been our work four or five days to find out an expedient in this matter, and we cannot. The king has been so advised, that we chuse any member but one; which is as much as to say, chuse whom you will but 20.' Except one, and exIcept 20. It was a saying of king James, That when he called a parliament, he let down his prerogative to his people; but when he dissolved a parliament, he took it up again; not for his pleasure, but for his power.' If one Address will not do, I am for a second and a third to the king. Col. Titus. There are not worse counsels than have been given by those about the king, and I expect no better from them. Nobody will deny that the choice of a Speaker is in the house. This matter is not of that last importance as to venture the kingdom upon it. If the king denies one or two Speakers, he may deny ten, till he have one to serve a turn it is possible, but not probable. The words of the writ that calls us hither are, to consult de quibusdam arduis regni negotiis'-and all that is to give Money: an empty Exchequer, and a full house! will the king lose his Money, do you think, by putting by 40 Speakers? I would not have that argument pass, that if we chuse not another Speaker, we shall be dissolved. When once a parliament is so fond of their places, and so fearful of a dissolution, that parliament did never do any good. Gentlemen did not expect such an Answer from the king; but when I consider who was the counsellor of it, I wonder not at all at it. I move you to adjourn till to-morrow. The debate was accordingly adjourned by the Clerk. March 12. Sir John Cloberry moves, that the question may be put for the chusing another Speaker. Sir John Reresby. If you put the king upon a dissolution of the parliament upon this point, though some gentlemen say, they do not fear it, because of the king's necessity for Money;' the king's necessity is his people's necessity; and if we have so little consideration of the king's necessity, the king may have as little as our's; therefore I move that you will nominate a third person. Sir Thomas Exton. I shall not enter into the debate of the king's prerogative in this matter. I am not of opinion, that to wave it now is to give it up for ever. The city is on fire, and one comes and blows up my house, which is my right, but upon that extremity I wave it. No man will say that this is our right; and as the king has given up his right by our free choice of a Speaker, as he has directed you, it is no yielding the point. Mr. Williams. Prerogative does and must cousist, and the essence of it, as much in custom as any of our privileges. Now the busiMr. Trenchard. The king has no right to ness of the five days is to make a precedent in reject our Speaker, but ancient usage has been your house against yourselves as it were. Dr. to the contrary. Consider the nature of the Exton, who is in another orb of the law, would thing; if the case be doubtful, we ought to in- let your right sleep now, to resume it another sist upon it. It is a great inconvenience to the time. Now popery and foreign fears are upon house to have no Speaker; and more for the us! I have ever observed, that prerogative king; and where it is so, it ought to turn the once gained was never got back again, and our scales. We are told of dangers abroad and privileges lost are never restored. What will at home.' But that is more to give warrant become of you when a popish successor comes, for us to give our rights away. Those persons when in king Charles ii.'s time, the best of prinwho formerly have made inisunderstandings ces, you gave up this privilege? When you betwixt the king and parliament, I see, will have the oppression of a tyrant upon you, and continue it as yet you cannot honourably all ill counsels upon you, what will become of admit of an expedient. At present, you have you? Now you have none to struggle with, but humbly addressed the king by way of repre- ill counsellors and a good prince. I will lay sentation of your case; and the king has given this as heavy upon counsellors as any man can you such an Answer as was never yet given to lay it upon man. I am as willing to heal as any house of commons. You expose the ho- any man, but can you lay this aside with honour of the house to censure, if you give up nour, having represented it already? He that your right upon such a slight answer. I would made this question cannot want another to therefore address the king for a farther answer. play with, and then you will be sent home Sir Hugh Cholmondeley. As far as I can maimed in your privileges, wounded in your guess, this question is better to be left unde- body. This is gagging the commons of Engtermined than determined. If the king can land, and like an Italian revenge, damning the refuse a Speaker, he may refuse several. If soul first, and then killing the body. The Rethe king has not liberty, &c. he cannot dis-presentation you have delivered, is very modeplace, upon excuse of infirmity. We had better begin anew, and leave it as it was. It was moved, That the king might cause nothing of this matter to be entered upon the Lords * See sir Thomas Exton's speech above. He was a member for the University of Cambridge, and LL. D. rately penned; and will you receive this man-hath been a very short recess, yet there are ner of answering? When you have presented some doubts whether you can take notice of an humble Petition, what sort of Answer do what I said at the opening of this parliament, you receive? Do you not, by laying this aside, in point of form; therefore it is necessary that set up a worse precedent than you have had an I recommend to you what I and my Lord Answer? I have that in my mind which I can-Chancellor said to you the other day, as if we not so well express, but gentlemen may easily said it now. The rest I refer to the Lord Chanimagine. By good counsel, the king may heal cellor." all this, but it will never be in the power of the house of commons to retrieve it, if you give up your right. The Commons' Second Representation to the King.] The commons then agreed upon the following humble Representation to his majesty: "Most gracious sovereign: Whereas by the gracious Answer your maj. was pleased to give to our first Message in council, whereby your maj. was pleased to declare a resolution not to infringe our just rights and privileges, we, your majesty's most dutiful and loyal commons, were encouraged to make an humble Representation to your majesty upon the choice of our Speaker, which on Tuesday last was presented to your maj. by some of our members: we do, with great trouble and infinite sorrow, find by the report that was made to us, by those members at their return, that your maj. was pleased to give an immediate Answer to the same, without taking any farther consideration thereof; which, we are persuaded, if your maj. had done, what we then offered to your maj. would have so far prevailed upon your royal judgment, as to have given your maj. satisfaction, as to the reasonableness thereof, and preserved us in your majesty's favourable opinion of our proceedings: and since we do humbly conceive, that the occasion of this question hath arisen from your majesty's not being truly informed of the state of the case, we humbly beseech your maj. to take the said Representation into your farther consideration, and to give us such a gracious Answer, that we may be put into a capacity to manifest our readiness to enter into those consultations which necessarily tend to the preservation and welfare of your maj, and your kingdoms." The King's Answer.] To this Representation the king immediately gave this quick re ply, "I will return you an Answer to-morrow." The King prorogues the Parliament for two days.] March 13. The commons being met, in expectation of his majesty's Answer, about 11 of the clock the king sent the black rod for them to attend him in the house of lords, which they did; where the Lord Chancellor said, "That it was his majesty's pleasure that this parliament be prorogued to the 15th instant. And accordingly it is prorogued to that time." SECOND SESSION OF THE THIRD PARLIAMENT. The King's Speech on opening the Session.] March 15, 1678-9. The house met, according to the prorogation, when his majesty, in the lords house, spoke to this effect: "My lords and gentlemen; Though this The Lord Chancellor then spoke as follows: "My lords, and you the knights, citizens, and burgesses of the house of commons; Since it hath pleased the king to refer you all to what he lately said at the opening of this parliament, it will concern us all to take it into our most serious thoughts, and to enter upon the matter therein recommended to us, that so we may proceed effectually in that great work for which we were called, without being diverted from it by any consideration whatsoever. For if this parliament succeed not well, if it do not quiet and compose the minds of all the people; it will be thought the most unaccountable thing in the world, considering the great preparations the king hath made for it, and those excellent dispositions of mind he brings towards it. Wherefore, that no time may be lost, his niajesty commands you, gentlemen of the house of commons, to proceed immediately to your choice of a Speaker, and his maj. will expect that he be presented to him on Monday next.” Serjeant Gregory chosen Speaker.] The commons then returned to their house to chuse their Speaker. Lord Russel. Gentlemen, I hope the occa sion of the late unhappy difference about the choice of our Speaker is removed by the prorogation. And I hope now that no ill persons, by tricks, can create a misunderstanding betwixt the king and his people, and hinder the happy effects of this session. And since the first step we are to make is to chuse a Speaker, I shall humbly recommend Mr. Serj. Gregory as a fit person. Mr. Sacheverell. I stand not up to oppose the motion, but for what every honest gentle man ought to do. I blame no man that dif fers from me, or goes according to his judg ment. I differ from those who think that this point of right, of chusing our Speaker, is now quiet, and I stand up only to give my reason for it, why I differ, and then I will withdraw. I differ, because that in honour we cannot leave Mr. Seymour, since he may suffer by be ing named Speaker by us. Next, if our right he not maintained, we have a precedent upon us. Next, if there be no expedient, then the motion is warrantable; but I know not of any. Lord Cavendish. By the last prorogation, the king seemed rather to yield to us, by admitting that the point in difference could not of the Speaker that we chose is not entered be decided any other way. The king's denial into the lords Books. Therefore in respect to the affairs of the nation, let us chuse our Speak er, and I second the motion for serj. Gregory. Serj. Gregory. I humbly thank you for your good opinion of me; but when I consider the weight of your debates, which require a person of the greatest experience and parts, ny time of sitting here has not been above a year, and my experience so little that you may suffer in your affairs; and I come with the greatest disadvantage imaginable to succeed a person of so much experience. Pray consider of it and chuse a more experienced person. that they are fully satisfied by the Proofs they have heard, that there now is, and, for divers years last past, hath been, a horrid and treasonable Plot and Conspiracy, contrived and carried on by those of the Popish Religion, for the murdering his majesty's sacred person, and for subverting the Protestant Religion, and the ancient and well-established government of this kingdom." To this Vote they desired the con Then lord Russel and lord Cavendish took him by the arms, and led him to the Chair;currence of the lords, which was granted. which he did not in the least resist.-On the 17th he was presented to the king, who without hesitation approved of the choice. Message against the E. of Danby.] March 22. The commons ordered a Bill to be brought in, to secure the king and kingdom against the A committee of Secrecy appointed.] March Danger and Growth of Popery. And being 20. The commons resolved, "That a Com- commanded, at the same time, to attend his mittee of Secrecy be appointed to take infor- majesty in the house of peers, the king spoke mations, and prepare Evidence, and draw up to them in favour of the earl of Danby: but Articles against the lords that are impeached, returning to their house, they presently Reand that are now in the Tower, and to take solved, "That a Message be immediately sent such farther Informations as shall be given, to the lords, to remind their lordships of the relating to the Plot and Conspiracy against last Message sent them from this house, rehis majesty and the government, and the Mur-lating to Tho. earl of Danby; and, to demand der of sir E. Godfrey." that he may be forthwith sequestered from parThe Commons remind the Lords of the Im-liament, and committed to safe custody." peachments against the E. of Danby.] They next resolved, "That a Message be sent to the lords to put them in mind of the Impeachment of High-Treason, exhibited against Tho. earl of Danby, in the names of the commons of England, and to desire that he may be conmitted to safe custody." Oates and Bedloe's Informations.] March 21. Dr. Tongue and Mr. Oates were called before the commons, to give in their Informations concerning the Plot, &c. and the latter gave in an Information, not only against the earl of Danby, but also against sir John Robinson, col. E. Sackville, and capt. H. Goring, all three members of the house of commons: which raised a new flame in that place.-Bedloe likewise delivered in his Information; upon which the house Resolved, "That an humble Address be made to his majesty, that the 500l. reward, promised by his proclamation for the discovery of the Murder of sir E. Godfrey, may be forthwith paid to Mr. Bedloe, who, this house is satisfied to be the first discoverer thereof: and that his majesty would farther be pleased to order, that the 201. reward, for the discovery of every Priest, may be effectually paid to the Discoverers of them."-In another Address, they desired his majesty, That the care of Mr. Bedloe's Safety may be immediately recommended to his grace the duke of Monmouth." To which the king gave a present Answer: "That he would take immediate care for the payment of the 500l. and the 201. they desired: that he had hitherto taken all the care he could of Mr. Bedloe, and that he knew how considerable his Evidence was, and that he would see hereafter that he should want for nothing, and that he would be responsible for him, whilst he remained in Whitehall; but that he could not be answerable for him when he went abroad." The Plot voted to be real.] They next came to this Resolve, "The house doth declare, Upon this request the lords desired a Conference: but the commons returned answer, "That it was not agreeable to the usage and proceedings of parliament, for either house to send for a conference, without expressing the subject matter of it."-Upon a second Message, wherein the earl of Danby was mentioned, they met the lords in the Painted-Chamber, where the duke of Monmouth spoke as follows: "I am commanded by the lords to acquaint you, that their lordships, having taken into their consideration matters relating to the earl of Danby, together with what his maj, was pleased to say upon that subject, have ordered that a Bill be brought in, by which Tho. earl of Danby may be made for ever incapable of coming into his majesty's presence, and of all offices and employments, and of receiving any gifts or grants from the crown, and of sitting in the house of peers." The King grants the Earl a Pardon.] In the mean time, the commons, hearing that the king had signed a Pardon for the earl, appointed a committee to repair to the several offices, (at neither of which no entry of it had been made) and particularly to the Lord Chancellor, to enquire into the manner of suing out that Pardon. Whereupon the Lord-Chancellor, (after premising, that he neither advised, drew, or altered it) informed the committee, "That the said Pardon was passed with the utmost privacy, at the desire of the earl, who gave this reason for it, That he did not intend to make use of it, but to stand upon his innocence, except false witnesses should be produced against him; and then he would make use of it at the last extremity. That he advised the earl to let the Pardon pass in the regular course; but, after consulting with the king, his maj. declared he was resolved to let it pass with all privacy and, suddenly after, the king commanded the Lord-Chancellor to bring the seal from Whitehall, and, being there, he laid it upon the table; thereupon his majesty commanded the seal to be taken out of the bag, which his lordship was obliged to submit unto, it not being in his power to hinder it; and the king wrote his name upon the top of the parchment, and then directed to have it sealed: whereupon the person that usually carried the purse, affixed the seal to it." The Chancellor added, "That, at the very time of affixing the seal to the parchment, he did not look upon himself to have the custody of the seal." The Commons resolve to attaint the Earl of Danby.] Whereupon the commous ordered, That a bill be brought in to summon Tho, earl of Danby to render himself to justice by a certain day, to be therein limited; or in default thereof, to attaint him.' The Earl of Shaftsbury's Speech on the State of the Nation.] March 25. It was moved in the house of lords," That inquiry may be made into the State of the Nation,”; upon which oc casion, The Commons resolve to demand Justice The Earl of Shaftsbury made the following against him, and declare his Pardon illegal.] Speech: "My lords; You are appointing the Upon reading this Report, the house fell into consideration of the state of England, to be a violent heat and debate; and of those that taken up in a committee of the whole house, spoke, we must not omit Mr. Powle's severe some day next week. I do not know well how Speech, who naming the earl of Danby, pro- what I have to say may be received, for I cceded thus: "The person to whom we owe never study either to make my court well, or the dangers and fears of the French king to be popular; I always speak what I am against us the person to whom we owe the commanded by the dictates of the Spirit with threats and severe Answers to those humble in me.-There are some considerations abroad, Addresses we made the last session of parlia- that concern England so nearly, that without ment: the person to whom we owe the ruin of them you will come far short of safety and this nation, and exhausting the king's Revenue: quiet at home: We have a little Sister, and the person to whom we owe the expence of she hath no Breasts; what shall we do for our 200,000l. a year unaccounted for: the person sister in the day when she shall be spoken to whom we owe the raising of a Standing- 'for? if she be a Wall, we will build on her a Army, to be kept up by the Receipt of six 'Palace of Silver; if she be a door, we will inmillions of livres yearly, for three years, to 'close her with Boards of Cedar.' We have enslave us and our Religion: the person to several little sisters without breasts, the French whom we owe the late bone that was thrown protestant churches, the two kingdoms of Irein on the sitting of the last parliament, to land and Scotland; the foreign protestants are hinder the good issue that might have come by a wall; the only wall and defence to England, their proceedings; who is now laying down his upon it you may build palaces of silver, glori staff, and making up his accounts in the Trea- ous palaces. The protection of the protestants sury as he pleases, to enrich himself out of the abroad is the greatest power and security the spoils of the people, and so depart." At the crown of England can attain to, and which conclusion of the debate, Resolved nem, con. can only help us to give check to the growing "That a Message be sent to the lords to de-greatness of France. Scotland and Ireland mand Justice, in the name of the commons of England, against Thomas earl of Dauby; and that he may be immediately sequestered from parliament, and committed to safe custody." They likewise resolved, "That an humble Address be made to his majesty, representing the irregularity and illegality of the Pardon, mentioned by his majesty to be granted to the earl of Danby, and the dangerous consequence of granting Pardons to any persons that lie under an Impeachment of the commons of England." The Earl of Danby makes his Escape.] March 25. The lords sent a Message to acquaint the commons, "That they had sent to apprehend the earl of Danby both to his house here in town, and to his house at Wimbleton; and that the gentleman usher of the black rod had returned their lordships Answer, that he could not be found."* "Though the gentleman usher reported, that the bird was flown, yet the contrary was true; for though his servants denied him, both at his house in town and at Wimbleton, sir John Reresby saw him come out of his closet at midnight, from a consultation with his intimates the 24th, which was the very day the are two doors, either to let in good or mischief upon us; they are much weakened by the ar tifice of our cunning enemies, and we ought to inclose them with boards of cedar.-Popery and slavery, like two sisters, go hand in hand, and sometimes one goes first, sometimes the other; but wheresoever the one enters, the other is always following close at hand.-In England, popery was to have brought in slavery; in Scotland, slavery went before, and popery was to follow.-I do not think your lordships, or the parliament, have jurisdiction there. It is a noble and ancient kingdom; they have an illustrious nobility, a gallant gentry, a learned clergy, and an understanding, worthy people: but yet, we cannot think of England as we ought, without reflecting on the condition they are in. They are under the same prince, and the influence of the same favourites and councils; when they are hardly dealt with, can we that are richer expect bet ter usage? for it is certain that in all absolute governments, the poorest countries are always most favourably dealt with.-When the au lords made the order for his commitment; and when he did disappear, it was only to take sanctuary at Whitehall." Ralph. tient nobility and gentry there cannot enjoy their royalties, their shrievaldoms, and their stewardries, which they and their ancestors have possessed for several hundreds of years; (but that now they are enjoined by the lords of the council, to make deputations of their authorities to such as are their known enemies) can we enjoy our Magna Charta long under the same persons and administration of affairs? if the council-table there can imprison any nobleman or gentleman for several years, without bringing bin to trial, or giving the least reason for what they do; can we expect the same men will preserve the liberty of the subject here? I will acknowledge, I am not well versed in the particular laws of Scotland; but this I do know, that all the northern countries have, by their laws, an undoubted and inviolable right to their liberties and properties; yet Scotland hath outdone all the eastern and Southern countries, in having their lives, liberties, and estates subjected to the arbitrary will and pleasure of those that govern. They have lately plundered and harrassed the richest and wealthiest counties of that kingdom, and brought down the barbarous Highlanders to devour them; and all this without almost a Colourable pretence to do it: nor can there be found a reason of state for what they have done; but that those wicked ministers designed to procure a rebellion at any rate, which, as they managed, was only prevented by the miraculous hand of God, or otherwise all the papists in England would have been armed, and the fairest opportunity given, in the just time for the execution of that wicked and bloody design the papists had; and it is not possible for any man that duly considers it, to think other, but that those ministers that acted that, were as guilty of the Plot, as any of the lords that are in question for it.-My lords, I am forced to speak this the plainer, because till the pressure be fully and clearly taken off from Scotland, it is not possible for me, or any thinking man to believe, that good is meant to us here. We must still be upon our guard, apprehending that the principle is not changed at court; and that these men are still in place and authority, who have that influence upon the mind of our excellent prince, that he is not, nor cannot be that to us, that his own nature and goodness would incline him to. I know your lordships can order nothing in this, but there are those that hear me can put a perfect cure to it; until that be done, the Scotish weed is like death in the pot, mors in olla: but there is something too, now I consider, that most immediately concerns us; their act of 22,000 men to be ready to invade us upon all occasions. This, I hear, that the lords of the council there have treated as they do all other laws, and expounded it into a Standing-Army of 6000 men. I am sure we have reason and right to beseech the king that that Act may be better considered in the next parliament there. I shall say no more for Scotland, at this time; I am afraid your lordships will think I have said too much, having no concern there; but if a French nobleman should come to dwell in my house and family, I should think it concerued me to ask what he did in France? for if he were there a felon, a rogue, a plunderer, I should desire him to live elsewhere; and ĺ hope your lordships will do the same thing for the nation, if you find the same cause.-My lords, give me leave to speak two or three words concerning our other sister, Ireland': thither, I hear, is sent Douglas's regiment, to secure us against the French. Besides, I am credibly informed, that the Papists have their arms restored, and the Protestants are not many of them yet recovered from being the respected party; the sea-towns, as well as the inland,. are full of Papists: that kingdom cannot long continue in the English hands, if some better care be not taken of it. This is in your power, and there is nothing there, but is under your laws; therefore I beg that this kingdom at least may be taken into consideration, together with the state of England; for I am sure there can be no safety here, if these doors be not shut up and made sure." Col. Sackville expelled.] This day, Oates gave his testimony against col. Sackville, a Member of the house formerly mentioned, declaring that he said, "That they were sons of whores, who said there was a Plot, and that he was a lying rogue that said it." Whereupon the colonel was immediately sent to the Tower, and ordered to be expelled the house, with a Petition to the king to be made incapable of bearing any office. But in a short time, upon his submission, he was discharged from his imprisonment, but not restored to his seat. A Conference about the Earl of Danby.] April 4. A conference was held between the two houses, in the Painted Chamber, concerning the Bill sent up against the earl of Danby; where the earl of Anglesey, lord Privy Seal, delivered himself to this effect, being the chief manager for the peers; "That the lords chose to deliver back this Bill by conference, rather than Message, to preserve a good understanding, and prevent debate and controversy between them. The lords observe, that the greatest affairs of the nation are at a stand, at a time of the greatest danger and difficulty that this kingdom ever laboured under; that the king hath always in his reign inclined to mercy and clemency to all his subjects: therefore to a king so merciful and compassionate, the first interruption of his clemency they did desire should not proceed from the two houses pressing the king to an act of the greatest severity; therefore they have passed the Bill with some amendments, which he delivered to them."The commons were no way satisfied with the lords proceedings, therefore drew up Reasons against them, to be offered in another conference, which were as follow: "The addition of the title does shew, that the Amendments made by your fordships to the Bill do wholly alter the nature of it, and from a Bill of Attainder have converted it to a Bill of Banish |