contempt in prosecuting his suit at law against sir Andrew King, after the Vote of this bouse, whereby it was declared, That the commit ment of the said Mr. Jekell was in order to the preservation of the king, and peace of the kingdom." And further, they ordered Mr. Burton, counsel for Mr. Jekell, and Mr. Ogden his attorney, to be likewise sent for in custody of the serjeant at arms, for their contempt in moving and acting for Mr. Jekell, after the fore-mentioned Vote: but were afterwards ou their submission discharged. Proceedings relative to the Assault upon sir John Coventry.] While the house of commons was in a committee on Ways and Means, a your former readiness to supply him in all his exigencies, so he doth with particular thanks acknowledge your frank and cheerful gift of the new Duty upon Wines, at your last mecting: but the same is like to fall very short in value of what it was conceived to be worth; and should it have answered expectation, yet far too short to ease or help him upon these occasions. And therefore, such a Supply as may enable him to take off his debts upon interest, and set out this Fleet against the next spring, is that which he desires from you, and recommends it to you as that which concerns the honour and support of the government, and the welfare and safety of yourselves and the whole kingdom. My Lords and Gentle-motion was made, "That towards the Supply, men; You may perceive, by what his maj. hath already said, that he holds it requisite that an end be put to this meeting before Christmas: It is so, not only in reference to the preparation for his Fleet, which must be in a readiness in the spring, but also to the season of the year: it is a time when you would be willing to be in your countries, and your neighbours would be glad to see you there, and partake of your hospitality and charity; and you thereby endear yourselves unto them, and keep up that interest and power amongst them which is necessary for the service of your king and country. And a recess at that time (leaving your business unfinished till your return) cannowe either convenient for you, or suitable to the condition of his majesty's affairs, which requires your speedy, as well as affectionate consideration." every one that resorts to any of the Play-houses who sits in the box, shall pay 1s. every one who sits in the pit, shall pay 6d. and every other person, 3d.:" the house disagreed. This motion was opposed by the courtiers, who gave for a reason, That the Players were the king's servants, and a part of his pleasure.' To this sir John Coventry, by way of reply, asked, "If the king's pleasure lay among the 'men or women Players?' This was reported at court, where it was so highly resented, that a resolution was taken to set a mark on sir John, to deter others from taking the like liberties for the future. Accordingly, the house adjourning till after Christmas, on the very night of the adjournment, 25 of the duke of Monmouth's troop, and some few foot, lay in wait from ten at night till two in the morning, by Suffolk-street, and as he returned from the tavern where he supped, to his own house, they threw him down, and, with a knife, cut the end of his nose almost off; but company coming made them fearful to finish it; so they made off. Sir Tho. Sands, lieutenant of the troop, commanded the party; and Obrian, the earl of Inchequin's son, was a principal actor. The court hereupon sometimes thought to carry it with an high hand, to question sir John for his words, and maintain the action. Sometimes again they flagged in their counsels. One while the king commanded sir Thomas Clarges and sir Wm. Pulteney to release Wroth and Lake, who were two of the actors, and taken; but, the night before the house met, surrendered them again.* Several Money Bills in Agitation.] This Speech produced a Vote from the house, "That his majesty should be supplied proportionably to his present occasions." Accordingly, they went upon ways and means of all sorts, and in a short time began to form three several Money Bills; the first was for raising 800,000l. by way of Subsidies upon real and personal estates: the second was an additional Excise upon Beer, Ale, &c. for six years; and the last was for laying Impositions on Proceedings at Law, which was to continue nine years. While these things were in agitation, sir Samuel Sterling, the late lord mayor, sir Joseph Sheldon, sir Andrew King, and others of the lieutenancy, having committed Mr. Hayes, and Mr. Jekell, for attempting to bribe the Jan. 9. The house being called over, acmagistrates in case of the act against Conven- cording to former order, upon calling the name ticles; the matter was brought before the of sir John Coventry, information being given house of commons, and being debated, it was of an Assault made upon him, on the same thus resolved; "That this house doth give ap-night of that day the house did rise before probation to what was done by the late lord mayor, sir Samuel Sterling, and the lieutenancy of London, in committing Mr. Hayes and Mr. Jekell; and that it was done in order to the preservation of the king, and peace of the kingdom." Notwithstanding this Vote, Mr. Jekell soon after ventured to sue sir Andrew King at law; of which information being given to the commons, they fell into a heat, and resolved, "That Mr. Jekell be sent for in the custody of the serjeant at arms, to answer his Christmas, by a number of about 15 persons armed, horse and foot, who did assassinate and wound the said sir John Coventry; and that he continues still so ill of his wounds, that he is not in a condition to attend; resolved, That the matter of Breach of Privilege committed, and assault made, upon sir John Coventry, a member of this house, be taken into consideration the first business to-morrow morning. Ralph, vol. 1. p. 193. The Coventry or Maiming Act brought in.] Jan. 10. Sir Tho. Clarges, one of the Justices of the Peace who took the Examination of the business, gave a Narrative to the house thereof. Sir Edm. Wyndham, knight-marshal, desires to know whether you will proceed in it here, now it is prosecuted at law; and how far your proceedings may hinder the legal prosecution. Sir John Hotham questions whether the king himself, and we, shall not be under proscriptions, as in Sylla and Marius's time: moves that we may right ourselves in this business, which deserves our vengeance. Earl of Ancram* knows not how we can have greater vengeance than the law can inflict: if any of these be banged by law, you have justice sufficient. Sir Rob. Holt agrees not with lord Ancram: it is the greatest breach that ever was since the first constitution of parliaments. In Charles I. time, remembers what noise the business of the Five Members made: his majesty has a place here when he commands or does justice: if these persons are of his guards, they that will not fear God, will never honour the king. guards have been the betrayers of the empire; the Prætorians did it: thinks the king should have his guards; and amongst them are many worthy persons: would have his maj. moved to inspect his guards; lords noses are as ours are, unless they be of steel: it concerns the lords as well as us, as in lord Ormond's case: this wounds all the commons of England: in a plot, you had a committee of lords and commons, and they sat all Christmas: we may do so too: we know not what a petty jury may do in it: that will not right our privilege: you cannot, Mr. Speaker, at this rate, go home with your mace. Sir John Monson has been lately in the country, and never saw a greater concern for a business: they fear we shall come under the government of France, to be governed by an army: moves for a Bill for these 16 that assaulted one man, to render themselves by a day, or be banished for ever. Mr. Hale. Notice has been taken of this horrid fact here, but was not at the relation of it, but bears it in every street. If a man must thus be assaulted by ruffianly fellows, we must go to bed by sun-set, like the birds: the danger of post facto is not in this business: would have them hanged, if they could be caught: seconds the motion of Monson. Sir Rob. Howard. He that likes this fact would do it; he that extenuates it, would be persuaded to do it: if any condition be to be pitied, it is the gentlemen that did capitulate the business is sorry any English gentleman should wear a sword to do such a business: is persuaded that no gentleman in England but desires their room more than their company: the guards were fairly delivered to justice: in all companies there may be ill men, as well as in the guards: you may extend your enquiry to those whom the law cannot meot with. Mr. Garroway would have something added: he would pity the gentlemen accessaries who were under command.* In this Bill of yours would have a gate opened for safety for these gentlemen now committed. If they should declare their knowledge of the whole matter, they should plead this bill for their pardon: but will you pardon men who shall persist in a concealing? Would have them pardoned, if they will give an account to the lord chief justice of the thing, provided they were not actors in the assassination. Sir Rob. Atkins. Until you can discover names, it will be too soon to bring in a Bill: would have you know upon what colour these persons did this assassination upon your mem ber: would have your member heard himself; or, if he be not able, would have some persons sent to him; and you may do more or less, according to the aggravations: would not have any matter proceeded in till this business be over. Sir Wm. Coventry. Has asked sir John Coventry if he could recollect what moved this misfortune upon him, but he remembers nothing they said that might point out the cause: knows nothing that may come of it, but delay, by farther speaking with him, it being felony, and all involved: it was a great good fortune to have any by-standers; and without some such expedient as Garroway proposed, you cannot possibly find out more. Mr. H. Coventry. He is bound in point of modesty not to say much; but his relation prompts him to say somewhat seconds the motion for a Bill. Sir R. Temple. In Chedder's case, a Bill was brought in for the person that beat him on the highway, and a day was set for his appearance: cannot see how these persons can be witnesses, when attainted. Lord Richardson,† looks upon these persons as capable of being witnesses, being not yet attainted; the Bill being found only by the grand jury. Sir Nich. Carew would have something added for the security of your members for the future; and not to proceed in any other business till this Bill be finished: his reason is, that we "That matter was executed by orders from the duke of Monmouth; for which he was severely censured, because he lived then in professions of friendship with Coventry; so Afterwards created, by king William, mar-that his subjection to the king was not thought quis of Lothian, and made justice-general of an excuse for directing so vile an attempt on Scotland. Burnet says, " that he had no prin- his friend, without sending him secret notice ciples either as to religion or virtue;" yet adds, of what was designed." Burnet. "that he had studied the most divinity of any man of quality he ever knew." † A Pecr of Scotland. The title is now extinct. may have freedom of speech till this Bill be done without a better guard than Coventry had, he cannot speak freely to any thing else: perhaps this may be a new way of frightening people, that they may be alarmed and afraid hopes you will add more to maim, and let some general law be included in this particular occasion, for our safety for the future. Sir Fr. Goodrick. To kill a judge in the execution of his office is treason: that of killing a privy counsellor, is repealed: Stroude's case is a general law: if the judges shall not take notice in their courts of any thing said here, you will not suffer 12 red coats to do it: there is as much due to you as to the judges: would have it Treason and Felony for the time to come. Mr. Jones. It is the way to make your money come in the better, to punish this horrid un-English act, when there is a sense in the minds of the people of this horrid abuse; that by privilege of parliament being broken, the people are wounded: his soul trembles at the sad consequences: it is a greater thing than he has ever seen here: it concerns the person, justice, and honour of the king, council, and house of commons: great sums have been given, and great sums must be given; there are many malecontents: every ill humour goes to the place hurt the people say, that the house has met these several years for nothing but to give money; and raising money to that high degree as we have done, they may be displeased: moves that by this Act they may right themselves. By this precedent, upon some of the guards, would have the world know you are in earnest: would have been silent, but the weight of the matter charms him and that the king's business may not wait, would be at this, day and night; and proceed no farther in any business, till this be over. : : Sir Job. Charlton. What hath been done for the people these 9 years? When this is over, he will give his vote for money as soon as any man. Sir R. Temple. If he was jealous that all the Money-Bills should pass before this bill, would have this precede; but this may go with them. Mr Garroway. Those Bills are so many snares, and sacrifice us to the fury of the people: suspects we shall have nothing, when this of money is passed, and therefore presses it. Sir John Duncombe. Whilst we are angry at this Bill, why should we hurt ourselves? knows not what effect the hastening of the bill may have, but the obstruction of the king's *Duncombe was a judicious man, but very haughty, and apt to raise enemies against himself. He was an able parliament-man; but could not go into all the designs of the court; for he had a sense of religion, and a zeal for the liberty of his country." Burnet. He was at this time a Commissioner of the Ordnance. business: if the Bill was ready, would have it read now: read it twice in a day; make what haste you will; consents to it. Sir Winston Churchill. Not to be for this bill, would be to upbraid the Louse: those persons who sit quiet in their sovereign's blood, wonder this thing should be so pressed: it seems to him a cutting the king over the face. [The words gave offence.] Explains himself, that he said it by way of simile: not only our own affairs, but of Christendom, are upon their crisis; and the king put into a capacity to defend the kingdom: moves that we may, de die in diem, proceed on this bill, which will certainly have a preference to the other: would have these two bills go simul & semel. Sir Tho, Meres. The Bill doubtless has been in our thoughts ever since the fact was done: it will take up no time, and it is so far from prejudicing the king's affairs, that it will advance them: wherever your members are intimidated, your laws may be questioned: the lords are included in your privileges: they have adjourned several weeks, we would have but three days for this bill: if we lose this question, we lose all, and begs your leave we may be gone. Sir Rob. Howard. With what boldness can any man speak here, that must be pulled by the ears at night for what he says? The people say in the country, that unless you right yourselves in this business, your money is not given, but taken away. Mr. Seymour has found none that speak with the indignation the thing deserves. But be cause injury has been done us abroad, therefore must we hurt ourselves? Hire some persons to assault some members of this house, and Supply may be hindered at any time: suppose this bill do not pass, must no other business be proceeded upon? Desires other business may not stand still. Sir John Ernly. Nothing will make the people give more chearfully than doing ourselves right in this business; and would sit morning and afternoon till it be done. Mr. Cheney wonders that a thing of common justice, as this is, should be so obstructed: there was some suspension of justice: the lord chief justice was spoke with, and the secretaries, before justice was done; and some by that means escaped: necessity of the nation is at our doors, to take off that arbitrary power upon us. Mr. Secretary Trevor concurs heartily with what has been done this day; but this deferring will be thought a jealousy, where he hopes there is none. Mr. Waller has seen a stop in all business till members have been vindicated, and released out of prison; has seen the Petition of Right passed before Supply, but no vote passed in it: should it be said that the Supply depends upon passing another bill not in the power of us? When the Greeks and Romans had slaves disfigured and marked, it was a dishonour to the master; but that a free man, an ambas in this business, because they would have timed it better: would have the people think you act freely and speak freely on my word, they think not so now: will say nothing of the nature of the thing: former precedents will not reach us: we must have the people have a good opinion of us (I would they had!): if this bill pass not, we know now to make it (with respect spoken): the other bills will pass this. sador of the people, should be thus marked, is much more horrible. These actions have sometimes wrought reformation; sometimes good effects, and sometimes ill, as the government is affected: we got the Petition of Right by discreet handling the business: the business of the Five Members was so ill handled, that great disorder happened: God brings light out of darkness: must give his No to this question. Mr. Attorney Finch. The security of your satisfaction is not the question; what then should be the reason of this addition? He thinks you are satisfying the nation in our resentment: this satisfaction is a higher satisfaction than ever was known: 11 Hen. iv, "Any man assaulting a Member going or coming to parliament, if he render not himself to the King's Bench in such a time, they would proceed to fine; and if he do coine, and be found guilty by inquest, by examination, or otherwise, he shall pay his double damages found by the inquest, or be taxed by the discretion of the judges, and make fine and ransom at the king's will." Lord Cromwell, 28 Hen. vi, was assaulted in the palace-yard; the offender im-mittee on the Bill to prevent Malicious Maimprisoned in the Tower for a year: we go about ing and Wounding. Mr. Coleman in the to do more than ever was, or attempted to be, Chair. done before we put, by this vote, a stand to the government: no man can think this question can pass, and all other things stand still:+ why you should, for an imaginary opinion of the people, set a stop to all things, he knows not. Mr. Vaughan. Persons argue for giving the king money, and yet would hinder it: you must, in nature, have a father, before you can have a son: if we act not with the same liberty and freedom as our ancestors, we trust as a person would an arbitrator that his adversary has a power upon the people will tell us that we serve the king, not by law, but contrary to law. Col. Titus. This has been a thing without precedent, and hopes you will prevent it for the future from being so: would not have you revenged upon yourselves. Whatever urgent accidents shall happen, not to be relieved until this Bill pass. Mr. Hen. Coventry. Should be an unnatural man to his relation, and undutiful to the house, if he did not resent this; and would rather have all his wounds than hinder the prosecution: it is objected, that men may put clogs into a Bill that it shall not pass, and by consequence all business stands; which he cannot well answer: would have it that this bill shall have a preference to all other bills; and, when it is ready, be read before all bills: would not. have the nation believe that any persons that have a share in the government do in any wise Countenance this business. Col. Birch thinks you cannot do too much in this business: for the same reasons that many are against it, he is for it: nothing can be a greater mischief than a division upon this question; and he looks upon these bills of Supply to have their fate accordingly: cannot believe that any in the government had a share VOL. IV. It was at length resolved, "That a Bill be brought in for banishment of sir Tho, Sandys, Ch. Obrian, esq. Simon Parry and Miles Reeves, actors in assaulting and wounding sir John Coventry, if they do not render themselves to justice by a day; and that no other business be proceeded in, whilst the Bill is passing."On the 11th and 12th the Bill was read a first. and second time.-Ordered, That it be referred to the committee formerly appointed to bring in the Bill for the banishing sir Tho. Sandys, and others, &c. to prepare and bring in a Clause against to-morrow morning, for preventing mischiefs of the like nature for the future. Jan. 13. The house went into a grand com Mr. Attorney Finch. It is against the thing to make it felony: that former law of Hen. iv gave such a terror that the thing was never done since: laws that look like the products and effects of passion, may not meet with the same passion, at the lords: why not forfeiture of goods, and imprisonment for life? Sir Hen. Spelman tells us of the penalty of cutting off hands and legs, leaving nothing but a living trunk; ler justior nulla, &c. the first fate of that law was upon him that made it. says, Mr. Vaughan. The statute of queen Mary 'She holds herself safer in the hearts of her subjects than in the severity of law :' would have distinction of offences a hurt a surgeon may cure; dismembering he cannot. You ought to adapt it to this particular case, which gives the occasion of it. Sir Tho. Lee would not have it go less than to an abjuration of the realm: would have the penalty changed, but the thing continued: were you a perpetual legislature, it were another case: would have those preserved that sent us hither, that we represent: agrees to abjuration. Sir Wm. Coventry. If foreigners shall do it by being hired, what is the penalty for them to be abjured the realm? We are now more acquainted with them, than when the former statute was made. Sir Rob. Howard. You will set up men to swear premeditation, and make felony, for every disturbance in the street; the reason of the thing is only applicable to your member; and he would fix it there. *This was in regard to the Clause ordered the day before, and which probably occasioned the title of the Bill to be altered as above. + Cutting out of tongues. 2 H Sir Tho. Clarges. Few were saved in Hen. iv's time by clergy, for few could read; so it was severer than now. Mr. Serj. Maynard. You have precedents of a special occasion for a general law, as Chedder's case: thinks that proper and prudent; and has no inconvenience against making it death would have it mere than abjuration, because to aliens, and such as desire to be abroad-but he must approve; and if he return felony would have it perpetual banishment, but not death. : Sir Wm. Coventry. For the case of a parliament-man, thinks abjuration proper, but for all people would have it felony. Mr. Serj. Maynard. Clergy is now a matter of nothing; Clergy at common law was not an absolution from the offence; he then had a writ declared of restoration upon his purgation. Sir Tho. Clifford. Much more to be said in the bill of lord Clarendon than this, in point of pardon the second precedent entails things upon you would not have the people out of power of pardon. It is the first time you have totally put a thing out of the king's pardon. : Sir Rob. Holt. Several crimes as this, of robbing and murder, the king cannot pardon, only respite execution: if they come by a day, would not have power of pardon taken away. Sir Nich. Carew. If the action be without precedent, why should not the prosecution? This was done by the guards; if they should be pardoned, knows not what they may do to the king, and moves it for his majesty's ease and advantage. Col. Kirby. A greater offence thau this we petitioned the king to pardon, which was his father's murder. Sir Tho. Mercs. This house twice petitioned for execution, and it rested with the lords: therefore that is a mistake. Mr. Attorney Finch, objects against the bill, that you convict them by the bill: would have it thus, in which assault a supposed robbery was done, which they are not yet convicted of." The things may have been lost. As for pardoning, it is the same thing to pardon and not to execute, which is never done, unless the king's attorney sends the warrant, and that be will not do without command, this clause is a jealousy, and without effect of our ends: it is an indecent thing to shut up mercy: he who advised the emperor to shut up the sanctuary, fled to the horns of the altar, and could not lay hold of it. Sir Wm. Coventry, would not have the nature of the fact otherwise than it is: 'lost,' instead of robbed:' he will have no other thoughts than what the house has of it. What fell from Mr. Attorney, is a reason for confir mation of the clause. He is never desirous of any man's blood; and if you continue this clause, it will reach the end of the member injured, without blood. Let every man consult his heart, whether his blood would not be higher than any philosopher can conquer; for it may put your member upon unchristianly revenge; and appeals to any gentleman what he would do, if he should see such a person walk the streets that had so injured him. Whatever we do here is petition; and it is a greater thing to petition to pardon than not to pardon: for the safety of all Englishmen lies in doing of justice. It is no new thing to find pardons interceding for persons: 51 Ed. iii. the Speaker had order to move the lords for Peirce, &c. It is not new for you, in case of an honourable member. In lord St. John's case, you went yourself with the house, in a body, to ask his pardon: for desire against pardon, 21 Edw. iii.: murders, &c. were frequent, by reason of pardon. Sir Tho. Clifford. Coventry's precedents were before Henry vth's time. He has read them, and been told, that before Henry vth's time, the king put the sceptre upon one clause of a bill that he approved of, and left out another. Now the king passes all, or passes none: these ancient precedents have not the force that is urged by Coventry: moderate it so, that you tie no shackles on his majesty. Dr. Arras made an extravagant motion for a Bill to be brought in, to punish any man that should speak any reflective thing on the king. By some he was called to the bar; but his explanation and excuse were admitted of. He said, He was the only physician of the house, and, humanum est errare: he hoped he should be pardoned.' Sir Tho. Clifford. Your Chair has not been infallible. Do you know what Martin said, the impunity whereof was a great cause of what followed; and if the majority will not punish seditious expressions, thinks such a bill for the honour of the house. Sir Tho. Lee, would not have that pass for doctrine, that, because once the majority of the commons have rebelled, hereafter they will do so; and if that be taken for granted, we pass a high reflection on ourselves. Mr. Hen. Coventry. There was a violence; and should only the person that takes the money, and not they that stand armed to assist the other, be guilty, it would be strange. Mr. Vaughan. Sandys consented to the as |