be chosen knights or burgesses that had any skill in the laws of the land.-The next that I remember is that in Hen. vi.th's time, in 1449, or 50, when the duke of Suffolk was accused by the commons, and committed to the Tower; the king dissolved that parliament not far unlike our case of my lord Danby, but it differs in this, that Suffolk was committed to the Tower as of right he ought; but we were denied that justice against Danby; only Hen. vi. made the cases thus far even, that he set Suffolk at liberty after he had dissolved that parliament: soon after a parliament was called, wherein great care was taken in chusing of parliament men that should favour Suffolk; but they so far failed of their purpose, that his appearance at the parliament gave great distaste to the house of commons, and they were so far incensed, that they began the parliament with a fresh accusation against him and others; so that you may see that it was not in the power of the court to corrupt the house of commons.-In the time of Hen. viii. about the 20th of his reign, when the parliament was active against Pluralities and Non-residence, there was an Act passed to release to the king all such sums of money as he had borrowed at the loan, in the 15th of his reign; it is said that it was much opposed, but the reason that is given why it passed, is, because the house was mostly the king's servants; but it gave great disturbance to the nation: and this is the only case that I can remember that comes any thing near to our Pensioners; but we cannot find that they or any parliament took money to vote: so that we must conclude that there were never any Pensioners in parliament till this pack of blades were got together.-Therefore, sir, what will you do? Shall these men escape, shall they go free with their booty? Shall not the nation have vengeance on them, who had almost given up the government? It was they who had perverted the ends of parliaments: parliaments have been and are the great refuge of the nation, that which cures all its diseases, and heals its sores; but these men had made it a snare to the nation, and at best had brought it to be an engine to give money; if therefore these go away unpunished, we countenance what they have done, and make way to have Pensioners in every parliament; but far be any such thought from any man that sits within these walls and having said this, I will in the next place humbly offer my thoughts what is to be done. In the first place I do propose, that every man of them shall on their knees confess their fault to all the commons, and that to be done at this bar one by one. Next, that as far as they are able, they refund all the money they have received for secret service. Our law will not allow a thief to keep what he has got by stealth, but of course orders restitution, and shall these proud robbers of the nation not restore their ill-gotten goods? And lastly, I do propose that they be voted incapable of serving in parliament for the future, or of enjoying any office civil or military; and order a Bill to be brought in to that purpose: for it is not fit, that they who were so false and unjust in that trust, should ever be trusted again: this, sir, is my opinion, but if the house shall incline to any other way, I shall readily comply, provided a sufficient mark of infamy be set on them, that the people may know who bought and who sold them. Sir Wm. Jones. I would not have a question pass that cannot be well defended without doors. Shall the world say, you will make a vote (be the occasion ever so great, or the man ever so fit) that he must not accept of an office? You will hardly find arguments against the unreasonableness of it. If you leave it in the power of your member to put himself out of office, then it is another thing. This parlia ment is not like to sit so long as to send members ambassadors out of it; besides, it would seem a very strange thing, that the house should ever mistrust itself so far, or has any gentleman so much authority as to persuade the house to it? I have put myself, and will, out of the possibility of it, and I desire the words may stand in the question. Resolved, nem. con. "That no Member of this house shall accept of any Office, or Place of Profit, from the Crown, without the leave of this house: or any promise of any such Office, or Place of Profit, during such time as he shall continue a Member of this house; and that all offenders herein shall be expelled this house." Mr. Booth's Speech for Parliaments and against Favourites.] About this time, Mr. Henry Booth, afterwards earl of Warrington, made the following Speech: Sir, a king of England, at the head of his parliament, is in his full strength and power, and in his greatest splendor and glory: it is then that he can do great things, and without a parliament he is not very formidable. Therefore when kings leave off the use of parliaments, and rely upon the advice of particular favourites, they forsake their chiefest interest, they lay aside the staff that supports them, to lean upon a broken reed that will run into their hands; and this is proved by the example of former kings: what kings performed such enterprizes, and did such wonderful things, as those who still consulted their parliaments? And who had more the command of the people's purses than those kings who met the natives frequently in parliament? As witness Henry i. Edward i. Edward ii. Henry v. Henry viii. Q. Elizabeth; and what kings were so mean and obscure, despised by their neigh bours, and abhorred by their subjects, as those who left off the use of parliaments and doted upon their favourites: as witness Will. ii. John, Henry iii. Edward ii. Richard ii. Henry vi. And I think it is undeniable that when the king leaves off parliaments, he forsakes his interest, he refuses the good and chuses the bad. I wish it could not be said that for two years last past, the use of parliaments has almost been laid aside: it is too true that par : ་ orbitant, that they will not endure to be scanned by a parliament: and therefore to save themselves, they persuade the king to keep off the the last Trump at the Day of Judgment will not be more terrible to the world, than the sound of an approaching parliament is to unjust ministers and favourites.-That state is sick of a grievous distemper, when kings neglect their parliaments, and adhere to favourites, and certainly that woe is then fallen upon the nation, which Solomon denounces; for says he, Woe to that nation whose king is a child; and without question he meant a child in understanding, and not in years. We have had in England kings who when they were children, by the help of a wise council, have governed very well: but after that they took matters into their own hands, it went very ill with England; as Rd. ii. Hen. vi. who whist they were children, the government was steered aright; but their understanding not growing as fast as their years, they assumed the gover ment before they were ready for it; and so managed matters, that it is better not to name them, than to reckon them in the catalogue of the kings.--And there is yet another reason why great favourites should advise against parliaments: kings that dote too much upon their favourites, do for the most part pick up mean men, people of no fortunes or estates, upon whom it is that they place their favour to so high a degree: and therefore it is for their interest to advise the king to govern by an Army, for if he prevails, then they are sure to have what heart can wish; or if he fail, yet they are but where they were, they had nothing, and they can lose nothing.There is no man but very plainly sees, that there are people about bis maj. who advise him to shake off the fetters of the laws, and to govern arbitrarily; and I wish that their advice has not prevailed for the most part; yet I think his majesty's own inclinations do not bend that way, for be seems to love quiet and ease, which no prince can have that rules by an Army: therefore, before we can expect that his maj. will come in to us, these people of arbitrary principles must be removed from his throne: for, whilst there are the same advisers, we must expect the same advice; whilst there are the same coun sellors, we must expect the same results: and this alone will not do it, it is but the first step to our happiness; the principles or maxims of state must be removed, it is not taking away this or the other man, and putting in another to act by the same rules, that will cure our disease; but it is the change of principles that must do it.-You may remember in the last parliament the change that was made in the Privy Council, and Ministers, and upon the first news of it, I met with a gentleman that had a great service for White-Hall; says be, liaments have been delayed, and there is but a little between delaying and denying, and the first step to a denial is to delay: every man knows the great need we have had of a parlia-parliament, though it be to his great hurt: for inent these seventeen months, and why it has not met till now it is very well known how earnestly it was desired by all good Protestants and true Englishmen, and what applications have been made to his majesty that it might sit; and it could not be obtained till now: and it is not to be forgotten how often it has been prorogued, and the notice that has been given to the nation of the several prorogations; the first time that we have heard of them was by the Gazette, in which is seldom any thing of truth, and then out comes a proclamation for a prorogation about a day or two before the day of meeting when gentlemen have disposed their affairs that they may attend at the parliament, and possibly were on their journey towards London, upon the road they meet the news of the prorogation, (very good usage!) and there is nothing to be said in justification of such short notice, but that when his majesty by his proclamation had appointed a farther time for the meeting of the parliament, that in plain English no man must believe it would meet for if gentlemen did believe it, they would prepare for it; and if they are prepared, it is but reasonable that sufficient notice should be given to prevent them: certainly they who advised the king in this matter, intended that none of his majesty's proclamations should have any credit for his majesty put out scveral proclamations against Papists, and we see how they are regarded, not the least obedience yielded to them: and this giving of such short notice, was certainly done on purpose that those proclamations should neither be obeyed nor believed. Thus is the king abused, thus does he lose the hearts of the people, and thus is the nation abused: what will become of us when we cannot believe what his majesty says. Out of parliament the king cannot speak to his people in a more notable way than by proclamation, and as the matter is ordered, these are not regarded: in a subject nothing is more infamous, than to say of him, that his word is not to be relied on, he does not regard what he says: and therefore what villains are they, who by their advice, do bring the king but into the suspicion of it. This deJaying of parliaments seems to portend the laying of parliaments aside; and if so, an army will follow for the king must govern either by a parliament or an army, for one of them be must have; now the way to get rid of parliaments is this: first, although they meet sometimes, yet something must be started to hinder their success; or if that won't do, prorogue or dissolve them before any thing he finished: and thus parliaments will be made useless; and this being done, it will not be long before they become burdensome, and then away with them I hope now you are pleased, what can you for good and all.-Kings only then grow out of expect more from his majesty? I replied, I conceit with parliaments, when their favourites like it well; yet not so very well; for, said I, all is are so overgrown, and their actions are so ex-well that ends well, for all is not gold that venture to put those arbitrary councils into execution; it will prove a hot matter to handle: for though I hope no man here will lift up his hand against his majesty, yet we may oppose any man that does seek to invade our properties and for my own part, I will pistol any subject, be he the greatest in England, that shall endeavour to deprive me of my just right: let us do what we can to effect an union between the king and his people, and leave the success to God Almighty, and his will be done. Articles of Impeachment against Lord Chief Justice Scroggs.] Jan. 5, 1680-1. Sir Rd. Corbet reported the Articles appointed to be drawn up against sir Wm. Scroggs, lord chief justice of the king's-bench, which were as follows: ARTICLES OF IMPEACHMENT of High-Treason and other great Crimes and Misdemeanors against sir Wm. Scroggs, Chief Justice of the Court of King'sBench, by the Commons in Parliament assembled, in their own name, and in the name of all the Commons of England. glitters: I am not sure, that these men that are put out, have not left their principles behind them; when those are gone, I shall like it very well.' The man was angry, and flung away, saying, you are hard to please; and says I, you are easy, and so we parted.~And I | pray you, how much wool have we had after all this cry, what benefit have we reaped by that change? Do not we see, that unless they would act by the maxims of their predecessors, they must do nothing; and therefore several did desire leave to go off? Some of those worthy lords and gentlemen that did so are now in my eye, and I shall ever honour them for it: I cannot forget the promises made to the parliament at the same time, and how well they have been kept.-Therefore I think it is very plain, that till these principles are removed from White-Hall, that all our labour and pains will end in nothing: the way then as I conceive to do this, is to lay before his maj. the state of the case; let us shew him how unable these men are to serve him, and how destructive to his interest it is to follow their advices; and that he can be safe and great only by closing with his parliament.-Would his maj. be sate, alas, what can his creatures do? Just I. "That he the said sir Win. Scroggs, be nothing, they have no power, nor have they ing then Chief Justice of the Court of King's will farther than it serves for their own advan- Bench, hath traitorously and wickedly endeatage: but his maj. is safe in his parliament, for voured to subvert the fundamental laws, and it is the interest of every man in England to the established Religion and government of preserve and defend his majesty's governing by this kingdom; and, instead thereof, to introhis parliament.-Does he want Money to duce Popery, and an arbitrary and tyrannical make him easy? I pray what can he expect government against law: which he hath de from the caterpillars his favourites? Their care clared by divers traitorous and wicked words; 19 not how to serve him, but to make their own | opinions, judgments, practices, and actions.→→ fortunes: but from his parliament he need not 11. That the said sir Wm. Scroggs, in Trinitywant very plentiful supplies, to preserve the term last, being then Chief Justice of the said honour of himself and the kingdom. Would Court, and having taken an oath duly to adhe maintain his dominions and rights, what can minister justice, according to the laws and his creatures do? But when he closes with his statutes of this realm; in pursuance of his parl. he can neither ́want the heads, hearts, said traitorous purposes, did, together with the nor purses of his people to serve him so that rest of the said justices of the said court, se whatever his maj. would have, it is only to be veral days before the end of the said term, in had by his parliament: for his favourites can- an arbitrary manner discharge the Grand Jury, not in the least contribute to make him safe or which then served for the hundred of Oswaldhonourable; or whatever else a king may want ston, in the county of Middlesex, before they or desire: all the use a king can have from his had made their presentments, or had found favourites, is to have stories and lies to set him several bills of indictment which were then at variance with his people. I hope when the before them; whereof the said sir Wm. case is laid before his majesty, that he will Scroggs was then fully informed, and that the close with us; but if his judgment is so pre- same would be tendered to the court upon the possessed, that it will not convince him of his last day of the said term; which day then was, interest, then we must conclude, that it is with and, by the known course of the said court, him as it was with Rehoboam, who forsook hath always heretofore been given unto the the council of the old men, and inclined to that said jury, for the delivering in of their Bills of the young men, who counselled him to tell and Presentments: by which sudden and illethe people that his little finger should be thicker gal discharge of the said jury, the course of than his father's loins and I pray what was justice was stopped maliciously and designedly, the effect of that huffing speech? Why ten the presentments of many papists and other tibes were taken from him, and it was not his offenders were obstructed, and in particular a young men that could recover them for him bill of indictment against James duke of York, agam; neither was it without a parliament for absenting himself from church, which was that his maj. was brought into England; I hope then before them, was prevented from being his maj. has not forgot it. Let them advise proceeded upon. III. That wherens one what they will, but I am confident they will Henry Carr had, for some time before, pubthink on it a good while, before they will ad-lished every week a certain Book, intituled, The Weekly Pacquet of Advice from Rome; or, The History of Popery;' wherein the superstitions and cheats of the Church of Rome were from time to time exposed; he the said sir Win. Scroggs, then Chief Justice of the Court of King's-Bench, together with the other judges of the said court, before any legal conviction of the said Carr of any crime, did, in the same Trinity-Term, in a most illegal and arbitrary manner, make, and cause to be entered a certain Rule of that court, against the printing of the said book, in hæc verba: Dies Mercurii proxime post tres septimanas sanctæ Trinitatis, Anno 32 Car. ii. Regis. Ordinatum est quod liber intitulat, The Weekly 'Packet of Advice from Rome; or, the History of Popery,' non ulterius imprimatur vel 'publicetur per aliquam personam quamcunque. Per Cur.' And did cause the said Carr, and divers printers and other persons, to be served with the same; which said rule and other proceedings were most apparently contrary to all justice, in condemning not only what had been written, without hearing the parties, but also all that might for the future be written on that subject; a manifest coununtenancing of Popery, and discouragement of Protestants, and open invasion upon the right of the subject, and an encroaching and assuming to themselves a legislative power and authority.-IV. That the said sir Wm. Scroggs, since he was made Chief Justice of the King's Bench, hath, together with the other judges of the said court, most notoriously departed from all rules of justice and equality, in the imposition of Fines upon persons convicted of misdemeanors in the said court; and particularly in the term of Easter last past, did openly declare in the said court, in the case of one Jessop, who was convicted of publishing false news, and was then to be fined, that he would have regard to persons and their principles in imposing of Fines, and would set a fine of 500/. on one person for the same offence, for the which he would not fine another 1001. And according to his said unjust and arbitrary declaration, he the said sir Win. Scroggs, together with the said other justices, did then impose a Fine of 100%. upon the said Jessop; although the said Jessop had, before that time, proved one Hewit to be convicted as author of the said false news. And afterwards in the same term did fine the said Hewit, upon his said conviction, only 5 marks. Nor hath the said sir Wm. Scroggs, together with the other judges of the said court, had any regard to the nature of the offences, or the ability of the persons, in the imposing of Fines; but have been manifestly partial and favourable to Papists, and persons affected to, and promoting the popish interest, in this time of imminent danger from them and at the same time have most severely and grievously oppressed his majesty's protestant subjects, as will appear upon view of the several Records of Fines, set in the said court; by which arbitrary, unjust, and partial proceedings, many of his majesty's liege : people have been ruined, and Popery coun tenanced under colour of justice; and all the mischiefs and excesses of the court of StarChamber, by act of parliament suppressed, have been again, in direct opposition to the said law, introduced.-V. That he, the said sir Wm. Scroggs, for the farther accomplishing of his said traitorous and wicked purposes, and designing to subject the persons, as well as the estates of his majesty's liege people, to his lawless will and pleasure, hath frequently refused to accept of Bail, though the same were satficient, and legally tendered to him by many persons accused before him only of such crimes, for which by law bail ought to have been taken; and divers of the said persons being only accused of offences against himself; declaring at the same time, that he refused Bail, and committed them to goal, only to put them to charges; and using such furious threats as were to the terror of his majesty's subjects, and such scandalous expressions as were a dishonour to the government, and to the dignity of his office. And parti cularly, that he, the said sir W. Scroggs, did, in 1679, commit and detain in prison, in such unlawful manner, among others, Henry Carr, G. Broome, Edw. Berry, Benj. Harris, Fr. Smith, sen. Fr. Smith, jun. and Jane Curtis, citizens of London: which proceedings of the said sir W. Scroggs are a high breach of the liberty of the subject, destructive to the fundamental laws of this realm, contrary to the Petition of Right, and other statutes, and no manifestly tend to the introducing of arbitrary power.-VI. That the said sir W. Scroggs, in farther oppression of his majesty's liege people, hath, since his being made Chief Justice of the said Court of King's Bench, in an arbitrary manner granted divers General Warrants for attaching the persons, and seizing the goods of his majesty's subjects, not named or described particularly in the said warrants; by means whereof many of his majesty's subjects have been vexed, their houses entered into, and they themselves grievously oppressed contrary to law.-VII. Whereas there hath been a horrid and damnable Plot contrived and carried on by the Papists, for the murthering the king, the subversion of the laws and govern ment of this kingdom, and for the destruction of the Protestant Religion in the same; all which the said sir W. Scroggs well knew, having himself not only tried, but given judgment against several of the offenders; never theless, the said sir W. Scroggs did, at divers times and places, as well sitting in court as otherwise, openly defame and scandalize seve ral of the witnesses, who had proved the said treasons against divers of the conspirators, and had given evidence against divers other per sons, who were then untried, and did endea vour to disparage their evidence, and take of their credit. Whereby, as much as in him lay, he did traiterously and wickedly suppress and stifle the discovery of the said Popish Fiot, and encourage the conspirators to proceed in the same, to the great and apparent danger of his majesty's sacred life, and of the well-established government, and religion of this realm. VIII. Whereas the said sir W. Scroggs, being advanced to be Chief Justice of the Court of King's Bench, ought, by a sober, grave and virtuous conversation, to have given a good example to the king's liege people, and to demean himself answerable to the dignity of so eminent a station; yet be the said sir W. Scroggs, on the contrary, by his frequent and notorious excesses and debaucheries, and his prophane and atheistical discourses, doth daily alfront Almighty God, dishonour his majesty, give countenance and encouragement to all manner of vice and wickedness, and bring the highest scandal on the public justice of the kingdom.-All which words, opinions and actions of the said sir W. Scroggs, were by him spoken and done, traiterously, wickedly, falsely and maliciously, to alienate the hearts of the king's subjects from his majesty, and to set a division between him and them; and to subvert the fundamental laws, and the established religion and government of this kingdom, and to introduce Popery, and an arbitrary and tyrannical government, contrary to his own knowledge, and the known laws of the realm of England. And thereby he, the said sir W. Scroggs, hath not only broken his own oath, but also, as far as in him lay, bath broken the king's oath to his people; whereof he, the said sir W. Scroggs, representing his maj, in so high an office of justice, had the custody: for which the said commons do impeach him the said sir W. Scroggs, of high-treason against our sovereign lord the king, and his crown and dignity, and other the high crimes and misdemeanours aforesaid. And the said commons, by protestation saving to themselves the liberty of exhibiting, at any time hereafter, any other Accusation or Impeachment against the said sir W. Scroggs, and also of replying to the Answer that he shall make thereunto, and of of fering Proofs of the premises, or of any other Impeachments or Accusations that shall be by thein exhibited against him, as the case shall (according to the course of parliament) require; do pray, that the said sir W. Scroggs may be put to answer to all and every the premises, and may be committed to safe custody; and that such proceedings, examinations, trials and judgments, may be upon him had and used, as is agrecable to law and justice, and the course of parliaments. Upon which, the house came to this Resolution: R. Weston, one of the barons of the Court of Exchequer, do bring in such Impeachments with all convenient speed:" But the parliament being soon after prorogued, this affair was dropped. However, the lord chief justice Scroggs was removed from his high station, and allowed a pension for life. Resolution concerning the Irish Plot.] Jan. 6. Col. Birch made a Report of the Informations relating to the Irish Plot, and several Irish witnesses were examined. And a Message from the lords about the Irish Plot read: Resolved, By the lords spiritual and temporal in parliament assembled, That they do declare, that they are fully satisfied that there now is, and, for divers years last past, hath been a horrid and treasonable Plot contrived and carried on, by those of the Popish religion in Ireland, for massacring the English, and subverting the Protestant Religion, and the ancient established government of that kingdom; to which Resolution their lordships desire the concurrence of this house." Upon this, a debate ensued, after which, it was resolved, "That this house doth agree with the lords in the said Vote, with the addition of these words, That the duke of York's being a Papist, and the expectation of his coming to the crown, hath given the greatest countenance and encouragement thereto, as well as to the horrid Popish Plot in this kingdom of England.'" The Earl of Tyrone impeached.] A motion being made and seconded, for the impeaching of the earl of Tyrone, Resolved, "That Rd. Poure, earl of Tyrone in the kingdom of Ireland, be impeached of High Treason." Ordered, "That the lord Dursly go up to the bar of the lords, and impeach him of High Treason in the name of this house, and of all the commons of England, and do pray that he may be committed to safe custody." The King's Message refusing to pass a Bill of Exclusion.] Jan. 7. A Message from the king, was read, as follows: "C. R. His majesty received the Address of this house, with all the disposition they could wish, to comply with their reasonable desires; but upon perusing it, he is sorry to see their thoughts so wholly fixed upon the Bill of Exclusion, as to determine that all other Remedies for the suppressing of Popery will be ineffectual: his majesty is confirmed in his opinion against that Bill, by the judgment of the house of lords, who rejected it. He therefore thinks, there remains nothing more for him to say, in Answer to the Address of this house, but to recommend to them, the consideration of all other means for the preservation of the Protestant Religion, in which they have no reason to doubt of his concurrence, Several other Judges ordered to be impeached.] whenever they shall be presented to him in a Ordered, "That the committee appointed to parliamentary way: and that they would conexamine the proceedings of the Judges insider the present state of the kingdom, as well Westminster-ball, and to prepare Impeachments against sir F. North, chief justice of the Common Pleas; sir Tho. Jones, one of the justices of the court of King's Bench; aud sir Resolved, "That the said sir Wm. Scroggs be impeached upon the said Articles, and that they be ingrossed, and carried up to the lords, by my lord Cavendish," as the condition of Christendom, in such a manner as may enable him to preserve Tangier, and secure his Alliances abroad, and the Peace and Settlement at home." |