and with humble and penitent hearts beseech | other things: the forces sent out of Ireland, him to heal our breaches; to remove the evils we lie under; and to avert those miseries wherewith we are threatened; to continue the mercies we yet enjoy; and that he will be graciously pleased to bestow his abundant blessing upon your maj. and this present parliament, that all our councils and consultations may tend to his glory, and the honour, safety, and prosperity of your majesty, and all your people."-To which the king readily replied, and the 4th of Feb. was appointed. Debate on pressing Men for Soldiers.] Jan. 22. Mr. Sacheverell complains of pressing for soldiers men of quality, against Magna Charta, and persons put to death against law: articles of war were complained of in the last session, to set up martial law: you have made particular laws about burning of houses, and yet by those articles they may burn houses and stacks of corn, and death to any soldier that shall disobey: soldiers sent beyond sea, which would stay here, for our safety: therefore it is to no end to proceed to particular business till these things are remedied: he has told you his thoughts, and hopes that other gentlemen will do the like. Mr. Sec. Coventry. It will not be found out that men have been sent out of England against their wills: in queen Eliz.'s time, she succoured France, and sent men into Ireland, and no act of parliament for doing it then: never heard of any complaint of injuries done by the soldiers, but it was remedied; but the complaint should be, that such things have been done by authority' avers that no such things have been done by the king's authority: the Articles were the same as in lord Essex's army, and lord Stratford's, the best of them extracted, and only to be executed when the army is beyond sea: when you find a fault, then lay it there: let not the disorders of particular men be thought general: the king has told you what he is willing to do, and pray proceed to the king's Speech. Mr. Sacheverell. The Articles were published by the king's authority. Mr. Sec. Coventry. The king's name may be used, but you will find them by prince Rupert's authority: they determine with his commission. Sir John Monson. As to the pressing of men in queen Eliz.'s, and Edw. 6th's time, the 16th of Cha. 1. declared it illegal, and an act was then particular for the pressing of men for Ireland: it is said, we have had redress, when complained of, but we cannot but reflect, with what applause the Triple League was entertained, (that was too great a happiness to enjoy) but what we have had since, let every man judge: dates the design from the great persons going into France, and the consequence, shutting up the Exchequer, and the Declaration, which struck at all our laws, temporal and ecclesiastical, and all to countenance Popery: the parliament then was by the same hand prorogued, that we might not consider little to be spared there; the joy of the Pa pists; but an army was the foundation of their joy, which they flocked to, and had commands in: we have had invasion of property; and till grievances are redressed, we cannot proceed any farther: hopes we shall have time to give those persons thanks who had a hand in the prorogation, declaration, &c. and hopes we shall be rid of popery and popish counsellors. Mr. Sec. Coventry does say he did not exempt Grievances, when he moved for the consideration of the king's speech. Mr. Russel. You have had so exact an account, that he has little farther to say of our deplorable condition: with an ill prince we must pray and suffer, but when God has blessed us with so good a king, and yet property, religion, and all invaded, we ought to find out the authors of our misfortunes, the ill ministers about the king, that prorogued the parliament; stopped the proceedings of the courts of justice; broke Articles, in that attack of the Smyrna fleet; shut up the Exchequer: have Pensions from France, and accuse us of being Pensioners to Holland: desires not their ruin but the security of our lives and fortunes for the future. Debate on Mr. Mallet's reading his Speech] Mr. Mallet read a long speech. · Sir Cha. Harbord takes him down to order. The precedent of reading a speech is dangerous: the attorney, now Lord Keeper, reprehended him once only for making use of heads in a paper; pray never let speeches be read in parliament. Sir Tho. Lee. Mallet was irregularly interrupted: if his memory be not so good as others, he may be indulged to make use of his paper, and would have people write what they intend to speak. Mr. Garroway. It may be Mr. Mallet cannot contract his notions as other men can do, and he would have him read his speech: you may but wink and it is the same thing. Sir Rob. Howard. Reading all and reading some is the same thing, and he believes he has almost done, as he observes, by the paper in his hand. Sir Wm. Lewis. The best reason he has yet heard for his going on, is that he has almost done:' it may be without doors ill reported, not to let him make an end; though he is not for reading of entire speeches, yet short notes are always commendable; he may go on for this time, but hopes you will not admit it for the future. Debate on Grievances.] Col. Birch. Is glad to see how merrily we begin, and hopes we shall continue so; it is the great part of an orator to persuade, but hopes, as paper speeches may be laid aside here, they may also be in other places (the pulpits): we have leave to debate our own security by the king's and the lord keeper's speech, and therefore will open our present condition; doubts not but the king will at last find, that they who advise him to follow the parliament's counsel are his best subjects; the Grievances, as to law, have been opened very well, and the remedy, in some part; but thinks all in vain, if, by any means, we are incited to carry on this league with France, and war with Holland; and because of the second article of the treaty with France, the setting up the Catholic religion in every conquered town in Holland,' if we must go on in that union, leaves it to every man's conscience in the consequence: would not do by day, what he shall | be ashamed of at night, that his conscience shall give him the lie: how we entered into this war he remembers: the Triple Alliance we thanked the king heartily for; how we came out of it, the Instructions will give you an account: the greatest princes have called parliaments to advise in peace and war; but he is still doubting that this parliament was prorogued by strong persuasion: what is under the Great Seal is a man's freehold. We have not had a smile, since the French alliance began, and the second article of that alliance is to set up the Pope; and now we are invited to carry on that war, he cannot consent to it: the consequence would have been, if the French king had continued in his greatness by conquests, we had not been doing here what we do now: either France or Holland must be bigger: if France, we may purchase what we fear; if Holland, they may be too big to grant: would be far from doing any thing derogatory to the king; but when the League is not honourable nor safe for the king, he cannot find arguments to part with our Money for the support of it. Mr. Sec. Coventry would know what it is he should speak to; several things relating to the war [then he paused-was bid go on.] As to the business of the war, he was ordered to tell Sweden, where he was ambassador, that if the king of France invaded any of the Spanish dominions, our king would defend the Triple League: the proposition was, in every town the French should have rendered to them, they should have a Papist Church as we would have a Protestant.' Every man must answer in his turn for his actions, as he must do for his; but would not give an opinion to continue a war against the genius of the nation: but you have no peace, nor likelihood of any, but what must come from the conduct of this house, which a good Vote will certainly do, he believes: tell the king your Grievances, but so supply him that the navy may go on, which, you know, needs it: and if you put the king into these straits and desperation, what will be the consequence? Now for the Declaration against the French Treaty; being so deserted, Holland will have no need of you. Can any man have the impudence to say, that because you have a treaty with France, you are obliged to fight to the last man? Secure things in the treaty how you please, that the money may not be attached, and that it may be for shipping (which, under favour, the navy must have): moves that you will propose Grievances, and in the mean time that the kingdom may be secured. 6 Mr. Garroway. Secretary Coventry desires 'that you would not press the king:' wonders at it: when we were prorogued two months, those that advised it pressed the king,' and we must postpone all considerations, without consideration of Religion, Property, or Trade: nothing, but we must carry on a war we know not how long; let those good counsellors that advised it look after it: did our ambassadors give Holland no security by the Triple League and Breda, that we would not fall on them? We are told, that our war will ruin our plantations; since March last we have laid out 300,000l. in freight to strangers; our corn vessels, passing from port to port, taken; some of our great ships swept away by the Dutch; our men pressed for sea and land; the gentleman said, the last session he would warrant a peace with a vote for money,' but now he says otherwise: Londoners are at a tax upon the collier, and in the country we pay five and six pounds per chaldron: the ploughman finds his wants: it is 300,000l. tax to London by proportion, and this is one of the benefits you have by the war, and the effects are upon the counties about London, decay of manufacture! War is a subtle thing; lose a correspondence in trade, and you know not how to get it again; the making bays, a great trade, you have lost by this war; if France can supply Spain with commodities, as they left you in the war so they will do in trade; we employ all foreigners for shipping, and if the war continues, your Act of Navigation will will be of no use; pressing of seamen! By the last fatal war you saw that the courage of your nation, when deserted by the French, brought you off; the French may serve you so by land; a war at sea will never make an end of the war; grass grew in Middleburgh streets, now grown rich by depredations this war; is one of those that are for peace, and hopes it is no crime to offer things with modesty; would not depend upon the Spanish ambassador, but upon a war upon the English interest, and never saw want of money or help; cleanse the house at home; know those that have intrigued you; he would not sweep away gentlemen by general Votes; would reach them according to law, and go upon things: the Keeper says in his speech, the fleet is in good readiness;' money remains not paid in of the last tax, prizes, and the advance upon the excise farm; therefore would have full enquiry into the state of the kingdom, but not like empirics, to give a catholicon for all diseases; but let gentlemen propose the State of Affairs, and go upon that. Sir Tho. Clarges. If we had gone on, the last prorogation, things might not have been at this pass; but as those evil Counsellors about the king persuaded him then, they do still exasperate him, that our best counsels will be perverted; this is the great grievance: if it be apparent that any sort of men do design the ruin of the kingdom, so as to prostitute the king's word; and if any new treason be enacted, would have that made one: it is of consequence never to be recovered: no example that ever any war of this nature began without parliament. Instances Edw. i, Edw. iii, and Hen. v, the miracle of men, that (unless our king) never any of more honour and gallantry since Julius Cæsar's time. Hen. viii. as ambitious, perhaps, as any, young, and though his coffers were full, advised, in the 3d year of his reign, with his parliament, about making of war: the best thing to rivet the king and his people, is mutual confidence. 43 Edw. iii, when he was to make peace with Scotland with David Bruce, he advised with his parliament Rd. ii. would not make peace without subjecting his articles to the parliament: hopes, if so now, we shall do it for the king's honour. We may date a great deal of our misfortunes from the Million Act: submits to all gentlemens opinions here, the universal hatred against this French alliance: we were so jealous formerly of our ports, that no foreigners scarce with a packet-boat were suffered to enter them without leave, but now whole shoals of them but it occurs to him, that the alliance with France is broken; all alliances are understood as to circumstances of things when made; it is strange that we should consent to the Popish Article:' moves to adjourn the house till tomorrow, that we may enumerate our Grievances before we enter upon the debate of Supply: would have the Test law against Popery revived, and some things added to it, and all to take it that are in the king's counsels, and something for the security of the king's person; and would have Religion, after the king's death, secured, and the Statute of Suggestions, for men to undergo a penalty if they make not accusations out; but the first thing to enter upon, would have the Counsellors; we have always gracious Answers from the king, but they are still intercepted: Proclamation against papists, and yet priests are walking in Whitehall in defiance of it; Popish commanders at the head of companies; no minister sent with our companies into France to comfort the sick, and to do other spiritual offices, but exposed to Popery: one man has had 7 pardons for treason and murder; shall we not put such out of the reach of pardon? the general pardon would not suffice, but special ones must be obtained since that pardon: would go first upon evil Counsellors.' Lord Cavendish. When we consider the prorogation, and the other misfortunes of the nation, fears we shall have the same advice as long as such Counsellors' are about the king: moves in the first place, that we proceed to secure the nation by removing them. Sir John Monson. When Counsellors' have pardons in their pockets, from murder to petty larceny, what security can the kingdom have? Therefore agrees with the motions made before. Sir Cha. Wheeler, should be glad that the king might have some prospect, through this vote, that, when our Grievances are redressed, we may take his Supply into consideration: we carry on all things for the interest of the nation, and assist him upon the public interest of the nation, and no farther. Sir Rob. Howard was sorry for the prorogation when it was, but as the king has now invited and trusted, you, make him pot jealous of us: the eyes of all the world are upon us now, and should we not do things as amicably as possible, the censures of the people will lie as heavy upon us, as in any other thing: winds up all in this motion, To order an Address to the king to give him thanks for his trust and invitation, and to tell him there remains something as to our security:' no doubt we want many things, but shall we slip by the king in his invitations? Knows it not in your hearts, and if 'Evil Counsellors' be one thing, and all other things are considered one by one, then you are in a method. Sir Tho. Lee. The expression of Howard's of passing by the king,' is harsh; the war so long debated is not a passing by the king.' Mr. Jones, would always be tender in reflective expressions; he has neither preparation, nor intention, to offer Grievances, but from the greatness of the debate, and the place he serves for, (London) something is expected be should say about their Grievances; he has sufficiently expressed his loyalty in the worst times, but being not a man of trade, knows no more than those that walk the streets speak of: the imposition upon Coals is hard upon the rich, but destructive to the poor: thousands had died for the want of them, but for the favourableness of the weather: he has known London these 45 years, and never knew that impudence in meetings that the Papists have now; they are so in most parts about; a great aggravation of their insolence and increase, that they attempt meeting where it ne ver was: protections from the lords house, and this, ruin trade, together with shutting up the Exchequer; how can we be secure, that the Exchequer be not stopped to-morrow again? If ruin were at the door, and the nation ready to sink, who will send 1004. thither? Still the Goldsmiths are postponed; was it their personal concern, would not regard it, but thousands are concerned in it. The Question being propounded, That the Thanks of the house be returned to his ma jesty, for his gracious Speech; and the ques tion being put, That the house do now proceed in the debate of that question, it passed in the affirmative, 191 to 139. Resolved." 1. That this house will proceed, in the first place, to have Grievances effectually redressed, the Protestant Religion, Liberties, and Properties, effectually secured, to suppress Popery, and to remove persons, and Counsellors, popishly affected, or otherwise obnoxious, or dangerous, government." 2. "That the humble and hearty Thanks of this house be returned to his to the duke is at the head of a great army in Scotland; desires that we may move the king, that he may keep there and return no more into England. majesty for his gracious Promises and Assu- | Grievances, but by such Counsellors:' the rances in his last Speech, and for those Acts which he has done since the last prorogation, towards the suppressing and discounteuancing of Popery; and that he would please to give order for the Militia of London, Westminster, and Middlesex, to be ready at an hour's warning, and the other Militia of the kingdom at a day's warning, for the suppressing any tumultuous meeting of Papists, or other malecontent persons whatsoever; and that the house will go with this Address to his majesty in a body." PROCEEDINGS AGAINST THE DUKE OF LAU DERDALE. Jan. 13. Mr. Stockdale. Many Grievances have been represented; the way is now, how you will redress your grievances? the last session produced many good votes as to that, but we were prorogued; and to the intent that that may not happen again, consider that the same Counsellors are interposing, and interpreting our intentious may procure the same prorogation; therefore moves to begin with the last part of the vote first, viz. Evil Counsellors. You cannot have Grievances effectually redressed, without removing those that have advised these things, and, when that is done, he perhaps will name one. Sir Rob. Thomas. We have a great many Grievances; hazard of Religion, Counsellors advising the king to take away religion and properties must name one; (by the bye, the Black Rod being called in by you, Mr. Speaker, the last session, before he knocked, he could not do it then) a person that has contributed as much to our misfortunes as any man; the duke of Lauderdale-You will have proofs of his advice by four of your members; viz. Your majesty is bound in honour to justify your Edicts: I wonder at the confidence of any person to deny your majesty's Edicts, and those persons that do, I think, deserve to be most severely punished. The act of the Militia in Scotland, which forces are to be in a readiness to be called to march into England or Ireland, upon any service where the honour, authority, or greatness of the king shall be concerned.' Other gentlemen know more: he has great forces in readiness and pay, and for no other end, he believes, than to awe us. Sir Nich. Car ew. We should never have See p. 609. The expressions mentioned in the Jourpal are, "Your majesty's Edicts ought to be obeyed; for your majesty's Edicts are equal with the laws, and ought to be observed in the first place." Sir Tho. Littleton. The words are ready,and desires you will erder the gentlemen that heard them, to declare them. Sir Rob. Thomas names sir Scroope Howe,* Mr. Man, and Mr. Rob. Pierpoint †, who heard the words, and lord St. John. Lord St. John. The last session, Feb. he was called to do it, but then refused, because there was a dispute then betwixt the duke of Lauderdale and himself; Mr. Howe, then sick, being concerned for Mr. Whalley, desired him to go hear the business at the Council, where Mr. Whalley (a justice of peace in Nottinghamshire) was summoned, who had committed a preacher, contrary to the Declaration. Whalley was to answer the contempt, the parson had no licence to preach, but entry was made of it in the Secretary's Book; a law bound Whalley, and a Declaration did not bind him. Lauderdale then spoke the words mentioned by sir Rob. Thomas, that he wondered at the words and said, Lauderdale may be questioned in parliament. Some members being present, Lauderdale spoke as before, none else of the Council spoke, and all were bid to withdraw. Sir Scroope Howe averred the words as before; Mr. Pierpoint, and Mr. Man likewise. Sir Tho. Littleton. Now you are possessed of this, he shall offer his sense: the last session, we were cut off in the beginning in Scotland, an army is raised by this great duke; though by act of parliament, yet his power is great, and the army under his power: it is in vain to act here, without converting our thoughts to Scotland. Pray God! this be not elsewhere: a man, so principled. and arbitrary! You had need look about you; needs say nothing to aggravate, the bare thing aggravates itself: a cloud hangs over us, and it is high time it was scattered; it has made Counsellors in England so much the bolder: moves to address the king to exclude the duke of Lauderdale from his Counsels in England: keep him from counsels here, and you may shake his authority in Scotland; he is in all respects a commoner, and so we cannot clash with the lords in point of trial: there are 20,000 foot, and 2000 horse, ready in Scotland, and no colour for it: a man of such principles is not fit to be trusted with such an army, nor with "Created lord viscount Howe in 1701. In 1688 the earl of Devonshire concerted with "A gentleman, there present, informed me, him the means for inviting the prince of Orange that the king should say to Mr. Penyston into England." Kennet's Memoirs of the faWhalley (the person then before the council)mily of Cavendish. He died in 1711. 'I wonder that you should withstand my Declaration. I would have you know, that I will be obeyed according to my interpretation of the law, and not yours; and if you will not I shall put in those that will.'" Grey. VOL. IV. Nephew to the Marquis of Dorchester. The Duke was at this time only a Peer of Scotland. But in June following he was created an English peer, by the title of earl of Guilford. 2 S our counsels, and, without any more ceremony, would address the king, as he is a commoner. Sir Ch. Harbord has a double charge against him, that of the army in Scotland, and his words at the Council here. You may miss of trial, but an Act may reach him. Mr. Dalmahoy has heard the duke of Lauderdale deny, the words: he was not in Scotland when the Act about the Militia was made: he knows not who was then commissioner. Mr. Powle supposes that every man is scnsible of a pernicious design to alter the government, and these Counsellors have brought us to the brink of destruction: we have a gracious prince, but the great design was, first to abuse the king, and then to oppress the people, fearing his good disposition to us: the Triple League was made to check a great prince: to ruin the Protestant religion was the design, and, without Money, that was not to be carried on, which money was given for the main taining the Triple Alliance; and then more money was got, by stopping the Exchequer, to the undoing of many hundreds of personsThen a Declaration for the ease of tender consciences, and, under pretence of Toleration, suspending by it all ecclesiastical laws, and, in consequence, laying all laws aside: upon the declaration of war against Holland, armies were raised, and popish officers at the head of them, and in places of civil authorities, honours, and dignities; then Popish officers are sent over into Ireland, Papists put into trust and office there; then in Scotland, an army is raised to march into England, &c. or for any other cause wherein the king's honour or greatness may be concerned ; but the greatness of the king consists in governing a free people: the parliament supplied and brought him from banishment, and, because the king would hearken to their advice, they must be prorogued, the juncture of their time not being fit for the fleet against Holland; they suppose we would give, and, if not, the necessity must justify raising of money: what benefit had we but fruitless battles at sea, and engaging us, by the French, with his allies? The king was persuaded that the parliament would not assist his interest, but doubts not but time will demonstrate the contrary: when we would have reached these men, we were prorogued, and now there is a necessity of giving money: the king's credit lost, the people poor, jealousies great, and all might have been remedied by our meeting-Lauderdale asserted 'Edicts superior to law, and it was spoken in the presence of the king and council; no great er argument, though some, he doubts not, have done it privately, but he publicly Hamilton's book asserts the king's authority of raising Money without Parliament, and it was countenanced by Lauderdale in 1667. When lord Rothes was commissioner, then was the foundation of this army, but it came not to maturity till 1669, when Lauderdale was commissioner; it was then kept on foot, and boasted of: it is not unknown at what vast greatness this person has lived, thereby bringing the king into necessity, and disobliging the house, that we should not supply: Lauderdale sued out the king's pardon; a new trick our great men have gotten, fearing our enquiry, and would arm themselves against us with the king's pardon; let this be considered and weighed well: less crimes than these have brought men to the scaffold, but the temper of this house is not desirous of blood. The 5th Rd. ii. counsellors were removed without cause; the people only spoke ill of them. 11 Rd. ii. the duke of Ireland, and sir John Crosby were impeached; the people spoke ill of them. 20 Hen. vi. the lord Dudley, for the same cause: It may be the case of peers of England, and this upon no other article but merely the people speaking ill of them. 3d Ch. i. remonstrance against the duke of Bucks, bishop Neale, and abp. Laud, to be removed, as evil counsellors: moves, "That this great person, the duke of Lauder dale, may for ever be removed from the king's presence." Mr. Sec. Coventry. To condemn a man, without hearing, he never knew the precedent before in this house. Mr. Stockdale. If for taking away blood, witnesses must be sworn; but to remove this man you have testimony sufficient to ground an Address to the king; so notorious a man! Sir Rob. Carr. A person was accused, and you gave a day: moves to consider of it. Col. Birch. It is true, there was a person had a day, but he had no pardon, and he would have Lauderdale scnt where Edicts' are in fashion. Sir John Duncombe. It is hard to condemn a man without being heard; 'removed from the king's presence' is as hard a judgment as a man can have thinks it worthy consideration to give him a day. 6 Sir John Trevor. If you proceed merely to suspend him from the king's Counsels,' you may do it, but if from the king's presence' where no manner of proof is taken, you ought to give him a day by way of confiscation, or attainder, you give time, but as to removal from counsels,' you need give none. : Mr. Howe. He was the most active person to bring the late king to his murder: he was solicitor from Scotland to bring the late king to the block, and to destroy this king by giving ill advice to him. Mr. Garroway has often heard that this man brought the Declaration from Scotland to bring the late king to the block, and those people had a horror for the fact: would have him come and answer it here, and all that are concerned with him: he has heard of one Murray, kept in the Tower, by the instigation of Lauderdale, for complaining against him; these are violences, when no writs of Habeas Corpus can be had; and would send to the Gatehouse, where he now stands committed, for the Mittimus: you will find it of bis own making, and illegal: agrees to the Address |