and he has raised money without them: Shall we rest in a doubtful and ambiguous Answer, where our rights and liberties are concerned? Would have the Answer of Thanks and Complaint go together, and how you can do it without a committee, a wiser man than he must tell you.

Mr. Vaughan wonders at Jenkins's inference, 'that power of peace and war, is power of repealing laws;' as much as to say, if power of war, power to determine whether law or no law: would have such thanks, as we may have no occasion of giving more upon this account: as the question is proposed, we thank him for the particulars afterwards: if we thank our king so, we condemn ourselves: would have such an Answer as we may thank him for preservation of us and himself: moves for a committee to consider the Answer and Reasons.

Sir Edw. Dering thinks this Bill of Religion under an ill planet: one day, appointed for it, lost in the king's Answer, and another in our desires for that Answer: would not have such a question determined with incogitancy: no man does think that such a thing, not intended in the question, ought to be crowded in obliquy moves for the question.

Mr. Waller. Whether the word gracious' shall be applied to the whole Answer, or to part of it, is the question: the danger to the whole is contradicting our Address. Says the king, it was never in the time of my ancestors questioned,' which is not an assertion of the king's is not this a gracious thing? And the word gracious' may be applied to the whole Answer, for the king not asserting it, is a gracious Answer.

Mr. Secretary Coventry avers there is no assertion in the Message, nor distinction; it joins both our liberties and ecclesiastical matters. In the words of the Message, the king' never had thoughts of using it otherwise, than for the good of his subjects; not to properties, nor to alter any thing established by law in church or state.

Mr. Powle. Jenkins said, 'there was a necessity of the Declaration.' The violation of our laws has been necessity. The States of Normandy desired the king of France not to raise any more taxes but by their consent; his answer was, he would not do it but upon ne

It was then resolved, "That the Thanks of this house be presented to his maj. for his gracious Assurances and Promises in his Answer to the Address presented by this house."

Feb. 25. Sir Win. Coventry. It concerns us to proceed with all duty to his maj. for preservation of our laws and liberties: Finds no way more expedient for this business, than going into a grand committee: hopes it may be done substantially, and answer all the ends of the house, and heats avoided: We have always referred Reasons for things to be prepared by a committee, and the house to approve of them; and he thinks it now most expedient to your purpose.

Mr. Powle. Before you refer it to a committee, would open the exceptions we have to his majesty's Answer. It is apparent, that those persons that advised his maj. to this Declaration, still inform him that it is his right. Not questioned in the reigns of any of his ancestors,' will seem to imply, an unquestionable right without parliament-3 James, Petition of Grievances; some wholly relating to ecclesiastical matters-The jurisdiction of the High Commissioned Court abused, in pursuance of their citations and excommunications; all ec clesiastical matters-In the next session, complaint of the Canons of 1 James, without consent of parliament, which were then protested against, and complained of. In the next session, complaint that the ecclesiastical laws were not put in execution against non-residents and recusants-The king then, it seems, has been strangely misinformed of his power in ecclesiastical maters the law gives penalties, not by way of profit or revenue, but for punishment of offenders: If the king can remit penalties, always complained of in parliament, and redressed there, it tends to the overthrow of all things; and hopes this assertion will be waved: taking the co-herence all together, that the king may, for peace, suspend laws, the pretence of necessity inay never be wanting-The saying a Bill may be more proper,' implies suspension to be proper: These things have extremely weighed with him and doubts not but, upon our informing the king, he will be graciously pleased to satisfy us; else the consequence will be an endless dispute betwixt the king and this house.

Sir Tho. Lee hopes that care will be taken, for the future, that there shall be no occasion of this nature. thinks this business too great for a committee.

Sir Tho. Meres would have the committee so far empowered, as plainly to show that the power is not in the king: If not so instructed, time will be lost, and new debates again.

Resolved, "That it be referred to a Committe, to consider what Answer to return to his majesty's last message, and to make report thereof."

The Commons' second Address to the King.] Feb. 26. Mr. Powle reports the following Answer agreed by the committee:

"Most Gracious Sovereign, We your maj.'s most humble and loyal subjects, the knights, citizens, and burgesses, in this present parliament assembled, do render to your sacred maj. our most dutiful Thanks, for that, to our unspeakable comfort, your maj. hath been pleased so often to reiterate unto us those gracious promises and assurances of maintaining the Religion now established, and the Liberties and Properties of your people: And we do not in the least measure doubt, but that your maj. had the same gracious intentions in giving satisfaction to your subjects, by your Answer to our late Petition and Address; yet upon a serious consideration thereof, we find, that the said Answer is not sufficient to clear the apprehensions that may justly remain in the minds of your people, by your majesty's having claimed a power to suspend penal Statutes, in matters Ecclesiastical, and which your maj. does still seem to assert, in the said Answer, to be intrusted in the crown, and never questioned in the reigns of any of your ancestors;' wherein, we humbly conceive, your maj. hath been very much mis-informed; since no such power was ever claimed, or exercised, by any of your maj.'s predecessors; and, if it should be admitted, might tend to the interrupting of the free course of the laws, and altering of the lcgislative power, which hath always been acknowledged to reside in your majesty, and your two houses of parliament. We do therefore, with an unanimous consent, become again most humble suitors unto your sacred majesty, that you would be pleased to give us a full and satisfactory Answer to our said Petion and Address: and that your maj. would take such effectual order, that the proceedings in this matter may not, for the future, be drawn into consequence or example."

After debate, it was resolved, "That the whole Address be agreed to, as it was brought in by the committee; and that it be presented to his majesty."

Further Debate on the Bill of Ease to Protestant Dissenters.] Feb. 27. In a grand committee on the Bill of Ease to his majesty's Protestant Dissenting subjects,

Mr. Powle said, it was the advice of St. Paul, to bear with those that were weak in faith: Those that are of the same belief with us desire Ease,' which must relate to burdens. By the law of queen Eliz. no man was punished that did not teach heretical or erroneous opinions. Now before the last law of Conventicles, no law reached them. Here we have a sort of people that teach nothing but the truth, and knows not why we should deny these people liberty, that have it in all places but where the inquisition is.

Mr. Garroway would confirm to the Dissenters such houses as are already granted them. Sir Adam Browne. Every sectary will say he is a Protestant and no Papist: You must take care for the other parties as well as the Presbyterians.

Sir Tho. Clarges agrees not to the places already appointed: would have great caution as well to places as to the religion established: would have it penned for such places as shall be appointed by act of parliament.'

Sir Wm. Hickman, thinks it not reasonable they should have their meeting-houses out of town; the Act being temporary, they will not build houses.

Mr. Swynfin. You have great expectations upon you, and you have partly intended them the thing under consideration. If then something must be done, consider, that some think it far greater than it is: the Test for subscription of qualifying persons is as much as was in queen Eliz.'s time: compare the Church then and now; there were many professed enemies then, all the opposition the Church of Rome could make, and other dissenters: hopes that this may bring a small number of the Church to be a greater: Meeting' must import some place, but how to describe the place? either left to their own choice,' and that possibly may have two great a latitude, and then you cannot find them to have the Test: if by certificate to the sessions,' then such places as are already allowed by licence; but thinks that gives too much countenance to the Declaration.

Sir Tho. Lee. If at this day they meet at any house without Bible, or religious worship, they are not within your act: these sort of people having a design to do mischief, may meet together, and you cannot punish them: if you and them tumultuous, you need not continue the Bill, but would have the liberty with the largest.

Mr. Crouch. The question is, what place they shall have? Cambridge, the place he serves for, desires that they may not be there.

Sir Wm. Coventry, hoped Crouch did move that they might have been in Cambridge: would have them in the universities, that they may convert them.

Mr. Crouch. They will be disturbed by the youths there with disputing: would not have them there.

Colonel Strangways. Public places are, in our religion, for divine worship, that people may find them; and that no disturbance be made, and no ill doctrine preached: indulgences that were to itinerant preachers' per totam Angliam,' those disturbed most.

It was then voted, "In such places only as by this Act shall be appointed."

It was next proposed "That the Bill continue but for one year, and from thence to the end of the next session of parliament."

Sir John Duncombe. Would have it stop at one year; you will in that time find inconve

nience sufficient both to church and state.

Sir Ch. Harbord. Will you put them into a snare for a year? better let it alone totally. Let them fully in, and they will be concerned for their good behaviour, and you may do good

with them.

Sir Wm. Coventry. Would not have them bear offices, nor have the benefit by not bear ing offices; but would have them contribute to the charge.

Mr. Crouch, would not have them churchwardens that care not for the Church, and would let it fall: would have them not capable, but tine for it.

Sir Wm. Coventry. If he does not execute his office as he should, he will fall into the bishop's, hands; and his courts will handle him sufficiently. It is said that the bishops cannot handle them;' but you do not take the penalties off any more than in not coming to the Church, and he will have a writ de excom. capiendo, which is not by this Act voided.

Mr. Crouch. This writ will cost 31. to the person that takes it out; and no sooner in the jail but let loose; and no remedy but what is worse than the disease.

Mr. Vaughan. Drums beat about the streets; there are many Irish popish officers; and in the coffee-houses they say some of us are to be hanged, when the parliament rises :' when these men are once raised, we shall not know how to get them suppressed: therefore moves for a vote for an Address to the king, for removing them.

Sir Tho. Osborne. The king was pleased to have the commissions searched, and there were not 16, before these new forces were raised: he considered not their religion, but that they were soldiers and good officers: the king knew them to be good officers, but not Catholics: you will not, he hopes, expect that those of the fleet (so considerable) should be excluded the service.

Earl of Ogle*. He must chuse some Roman Catholics, or he cannot raise the king a good regiment: he must do them this justice, that many of them have been killed, and lost their estates, for the king's service: he has but two officers papists in his whole regiment, and one was put upon him: it does not become us to think of so great danger of Popery.

Sir Tho. Lee. The ecclesiastical courts in some things have too much power, and in others too little, and the bishops usually the least: this bill has no relation to offices: and if you debate this, you must also the regulating the ecclesiastical power,

Sir John Duncombe. If you let them in to be church-wardens, or overseers of the poor, you will be sure to have all of their opinion well fed, and the rest starved.

Sir Tho. Lee. One church-warden is named by the parson, and the other by the parish, so you are sure that one will be a churchman; and as for the overseers of the poor, chosen by the parish, and allowed of at the justices monthly meeting, there is seldomn any distinction in distributing the money; and if there is, the justices may remedy it.

Sir Thomas Meres reported the Heads of a Bill for the ease of Dissenters.-The following are the said Heads, as abridged from the Journal." "To subscribe to the Articles of the Doctrine of the Church of England: to take the Oaths of Allegiance and Supremacy: 'Assent and Consent' taken away: pains for meeting taken away: Teachers to subscribe and take the Oaths at quarter sessions: before two Justices of the Peace, out of sessions, to teach till next sessions, doors open: to continue for a year, and from thence to the end of the next session of parliament."

Debate on removing Papists from Public Employments] Feb. 28. Mr. Sacheverell, moves for removing all popish recusants out of military office or command.

Mr. Tho. Lee complained of divers who were got into command lately.

Sir Rob. Carr. Neither Lee, nor any man else, knows that any considerable papists are in arms: if one papist be qualified with 40 or 50 Protestants, there is no danger: if any more be, they are likely to go beyond sea, and not trouble you here.

Sir Rob. Howard. What you are to do now, is to appoint some members to draw a Bill, to exempt them from this trust: he is no great affecter of their religion, but would not have the swords of gallant men taken from them.

Mr. Gurr way. Has no man in particular to charge. Yet common fame makes them lavish, in saying, they are only able to serve the king: is sorry to have it said here, that we have no persons capable of service, but papists: the greater is the danger of them: we have many young gentlemen, protestants, who may learn, and in time be put in employment : the king, in his speech, has formerly thought them incapable; and therefore he does. As for facilitating the king's business, which gave this day's interruption, when the people shall see we have not forgot them in their fears of Popery, the money will be given with the better will, and their spirits quieted.

Earl of Ogle. Says he is lieutenant of Northumberland, which county is divided betwixt papists and such as have fought against the king: he is the son of a father that has fought for him, and so are they also; there fore it cannot be thought amiss to employ them.

Col. Strangways, is sorry that those of the Church of England are dead, and those alive that have not served the king: many that have served the king cannot get employment:" would have lord Ogle carry those abroad that have disserved the king: let us do that which becomes prudent men: he has a kindness for their persons, but would not have power in their hands to do mischief: but will nothing satisfy them but to be in competition with you: would have none of that.

*Son of the famous marquis and duke of Newcastle, whom he succeeded in those titles in 1676, and died without issue male in 1691,

and had not only shewed the heads of his Speech to the king, but received hints from him. "He began the debate with rough words. He called the Vote of the commons monstrum, horrendum, ingens' and ran on in a very high strain. He said all that could be said, with great heat, and many indecent expressions. When he had done, the earl of Shaftsbury, to the amazement of the whole house, said, He must differ from the lord who spoke last toto cœlo. He said, while those matters were debated out of doors, he might think with others, that the Supremacy, asserted as it was by law, did warrant the Declaration. But now that such a house of commons, so loyal and affectionate to the king, were of another mind, he submitted his reason to them: they were the king's great council: they must both advise and support him: they had done it, and would do so still, if their laws and religion were secure to them."-The bishop adds: the king was all in fury to be thus forsaken by his chancellor, and told Clifford how well he was pleased with his speech, and how highly he was offended with the other. The debate went on; and upon a division, the court had the majority. But against that Vote about 30 of the most considerable of the house protested. So the court saw, they had gained nothing in carrying on a Vote that drew after it such a protestation. The issue of all was, that, the same day, they waited upon his majesty with the following Address :

"We the lords spiritual and temporal in parliament assembled, do unanimously present your sacred majesty our humble thanks, for haring pleased to communicate unto us, what hath passed between your majesty and the h. of commons; whereby your maj. hath graciously offered the means of shewing our duty to your majesty, and of asserting the antient, just rights and privileges of the house of peers.' Whereunto the King returned this Answer: "My lords; I take this Address of yours very kindly, and will always be affectionate to you; and I expect that you shall stand by me, as I will always by you."

And now from this alliance offensive and defensive, between the king and lords, against the commons, what was not to be feared? No doubt, all who were acquainted with the proceedings of that day dreaded the next and yet, instead of a storm, which was gathering over

:

While he was speaking, the duke of York, enraged at him, whispered the king, What a rogue have you of a lord chancellor!' The king briskly replied, Cod's Fish; what a fool have you of a lord-treasurer? The debate ended in a ruffle, and the lord Clifford narmwly escaped being sent to the Tower; and finding himself thus given up by the king, like his new opponent, he declared, he would serve no prince in the world who bad not courage to avow his principles and support his ministers in the execution of his demands." Echard.

night, it produced an unexpected calm, the lords voting, "That the king's Answer to the house of commons, in referring the points now controverted to a parliamentary way, by Bill, is good and gracious; that being a good and natural course for satisfaction therein."

"To account," says Mr. Ralph,* "for this sudden and surprising, reverse, we must have recourse again to bishop Burnet; for no other author pretends to be enough in the secret to say any thing to the purpose upon it. Lord Arlington possessed Colbert, the French ambassador here, with such an apprehension of the madness of violent councils; and that the least of the ill effects they might have would be, the leaving the war wholly upon the French king; and that it would be impossible to carry it on, if the king should run to such extremi ties, as some were driving him to at home; that he gained him both to press the king and his brother to comply with the parliament; and to send an express to his own master, re presenting the whole matter in the light in which lord Arlington had set it before him.→→ In the afternoon of the day, in which the matter had been agreed in the bouse of lords, the earls of Shaftsbury and Arlington got all those members of the h. of commons on whom they had any influence (and who had money from the king and were his spies, but had leave to vote with the party against the court, for procuring them the more credit) to go privately to him, and to tell him, that, upon lord Clifford's Speech, the house was in such fury, that probably they would have gone to some high votes and impeachments: but the lord Shaftsbury, speaking on the other side, restrained them: they believed he spoke the king's sense, as the other did the duke's: this calmed them: so they made the king apprehend, that the lord Chancellor's Speech, with which he had been so much offended, was really a great service done him and they persuaded him farther, that he might now save himself, and obtain an indemnity for his ministers, if he would part with the Declaration, and pass the bill (for a Test). This was so dextrously managed by lord Arlington, who got a great number of the members, to go, one after another, to the king, who, by concert, spoke all the same language, that, before night, the king was quite changed, and said to his brother, That lord Clifford had undone himself, and spoilt their business, by his mad speech; and that though lord Shaftsbury had spoke like a rogue, yet that he had stopt a fury, which the indiscretion of the other had kindled to such a degree, that be could serve him no longer. He gave him leave to let him know all this. The duke was struck with all this; and imputed it wholly to lord Arlington's management. In the evening, he told lord Clifford what the king said. The lord Clifford, who was naturally a vehement mau, went upon that to the king, who scarce knew how to look him in the face. Lord

* Vol. i. p. 226.