the chair. The mace was still retained by the said gentlemen, but, at last, being forcibly Laid upon the table, all the disorder ceased, and the gentlemen went to their places. The Speaker, being sat, spoke to this purpose, That to bring the house into order again, he took the Chair, though not according to Order." Some gentlemen, as Mr. Sachèverell, and others, excepted against his coming into the Chair, but the doing it was generally approved, as the only expedient to suppress the disorder *.-Then

Sir Tho. Lee, approving of the Speaker's taking the Chair, though not according to Order, moved, That there might be an engagement passed upon the honour of every member, standing up in his place, to proceed no farther in any thing that had happened in the unfortonate disorder at the Grand Committee, fearing that, as soon as the house had risen, the thing might be recriminated, and ill consequences ensue thereupon.--Which was seconded by several, and agreed to. So every meniber, standing up in his place, did consent accordingly; then particularly,

be brought before us; but because we have much upon our hands, and the time we are to, sit probably not very long, moves That no other Bills may be received, but what are already before us, or which may come from the lords.'

Sir John Coventry. We have yet neither removed Privy Counsellor, nor broken the French league, since we sat. Would have members stay here, and attend their duty, and not go down these holydays; and seconds Eyre's motion.

Sir Tho. Lee thirds the motion.

Sir Joseph Tredenham would never tie up our hands from other business. He never knew a preccdent of it. He being interrupted by many saying No, No,' said, He would be answered by reason, and not by noise.

Sir Nich. Carew has known this, that is now moved for, done almost every session, and would have it so now; especially because the business of religion may not be interrupted.

Sir Rob. Carr has known when no private business might be brought in, to interrupt the public; but he never knew such an order made as is moved for. It is very extraordinary to exclude public business, which may be of dangerous consequence: would, therefore, exclude

Col. Somerset For declared that some warm expressions had passed between him and sir Rob. Thomas, but, upon command of the house, he would give his honour to proceed no far-private business only. ther thereupon.-Sir John Hanmer did the same, but named nobody. So the house adjourned to the next day.

May 11. The house resumed the further consideration of his majesty's Answer. The question being propounded, that a further Address be presented to his majesty, for Recalling all his subjects that are in the service of the French king; the question being put, that the word' all' do stand in the question:

The house divided. For the yeas, 172; for the noes, 173. And so it passed in the negative-The question being put, That a further Address be presented to his majesty; It was resolved in the affirmative.

Debate on receiving no more Bills.] May 17. Mr. Eyre wishes the digestive faculty of this house answerable to the hands that feed it, that we might dispatch what business now may

Grey. There is no mention of this disturbance in the Journal; all that is there said is, Mr. Speaker resumed the Chair.' But a writer, who was, probably, present at it, gives us the following account. One day upon a dispute of telling the numbers upon a division, both parties grew so hot, that all order was lust; the members ran in confusion up to the table, grievously affronted one by the other, every man's hand upon his hilt, and all ready to decide the question by the sword. But when the tumult was loudest, the Speaker had the honour to restore the peace, by maintaining the dignity of the Chair, after that of the house was gone, and obliging every man to stand up in his place and engage his honour not to resent any thing of that day's proccedgs." Marvell.

Sir Tho. Meres." Anciently this motion was parliamentary, when parliaments sat a shorter time than now: no new petitions were to be brought in. You cannot have a more advantageous thing to the bills before you. Let such as will go down see what is before you that no new matter may be started.

Sir Henry Ford is glad to see the house so unanimous for Bills in your hauds, but is not for this question: will you preclude yourselves from taking any more bills? What occasion can you tell but you must have more bills? You were told, not long since, your being depends on the Address about the French forces; and will you shut up your hands against all pos sible cases whatsoever?

Mr. Vaughan. We are but passing a vote, not making a law for it. If we were, would then be of Ford's opinion: constantly parliaments have set a time for receiving petitions, when parliaments were shorter than they are now, The king has pointed out to us Religion, and Property, and Safety. We have let others in, and that out, by new business; and is the more for it, by what he has heard abroad of our sudden recess. Therefore moves, that all Bills we are not already possessed of, or may come from the lords, may be excluded.'

Sir Ch. Wheeler should not have been against the motion, had you said, 'till the Bills before you were finished, no new bills should be brought in. If the king adjourns us not yet, or we sit six months, will you sit still, and do nothing? The precedents of 1641 and 1642, may be brought up an 100 years hence, like the 19 Propositions: are we not masters of our own sense and resolutions? The yote is altogether needless.

Sir Tho. Lee moves to order. After the motion firsted, and seconded, to tell you of adjourning,' and the 19 Propositions in 1641 and 1642! Would have no resolutions. Sir Tho. Meres. We abominate the actions of 1641 and 1642, as much as Wheeler; though he is not so old as Wheeler, our ancestors have suffered as well as he; abominates the 19 Propositions' as much as he, or any man.

Mr. Sec. Coventry. To say, positively, not to receive any thing from the king, we know not how such a thing may be. He has no foresight of any thing that may come from the king. The thing is too much unprecedented, and, whenever done, it ought to be with great deliberation. Pray God, our difference with the lords may he happily composed! He should hate himself, if he did not desire it. It is not easy to see an accommodation with the lords, but by a Bill, and possibly more natural for We are not yet prepared for matter for so good a bill, but the long robe may adjust your privileges and is sure it would be prejudicial to your reputation, should such a bill come from the lords. Why should our hands be bound? We are in a profound and safe peace, by God's providence who knows but there may be a necessity of the very safety of the government, by loss of battles abroad, and other contingencies? Would not presume upon God's providence, so much as this vote will.

us.

you should not be obstructed, till they shall have their doom; possibly something as necessary may happen as any thing already be fore you It is answered, it may then come from the lords: Supposing the lords have such notice, they may make such a vote likewise. It may be of dangerous consequence.

Mr. Hale. Considering the time of the year, and the little yet done, must leave other gen tlemen to find a reason for it, he cannot hope to do it, how to be dispatched. He fears a thin house, this festival calling people out of town; and if a motion should be for a million of money, here would be few to maintain the battle.

Sir John Birkenhead. Suppose the king should send us an Act of Indemnity, he should be loth to lose his share of it: will you tie your hands against receiving it? A gentleman said, he heard the king of France will not take the field till we rise; therefore he would sit on. The thing has an ill aspect: he would have precedents for it.

Sir John Talbot. You are offered arguments for this motion, which are strong reasons against it, Members going out of town.' Is, therefore, against the motion, because it will keep members here: but would have the word private' added to Bill.'

Sir Edw. Dering. This is an unusual vote proposed; would see one such vote that ever passed: remembers only something like it, when our days were numbered. He usually gives his negative to what he understands not would willingly have some consideration of it If it be a good vote, it is a good one two days hence; and would adjourn the debate to Wednesday,

Mr. Swynfin. The motion is, That no new Bill be received, other than what shall come from the lords.' What is moved hinders no bills from the lords. If any thing should be extraordinary, as the miscarriage of a battle, mentioned, you are secured by the Vote not excluding Bills from the lords, and you are free but here is your danger, a custom of receiving new bills almost every morning. So many bills make your committees diverted; and scarce a new bill, but the committee is called from the attendance of the former bills. He has observed of this parliament, that there were never more explanatory bills. This motion is not to tie up your hands, but not to stretch them so, that business may fall from you by grasping more; having already several bills, that cannot pass Mr. Pepys. The little he has to say, is, to this session, of great importance, and like to join with Powle about the Navy. How far have long debates. There may be an emer-Religion and Property are secured, he knows gency, and it is supposed only. If you take more bills upon you, you cannot pass many before you. It is a reasonable motion.

Sir Francis Drake. If this difference between the lords and us be accommodated by Bill, Westminster-Hall must judge our privileges, which, he hopes, be shall never see. They say abroad, that the king of France will not go into the field till this parliament be up, and for that reason he would not lengthen the

Mr. Powle. This vote proposed does not so oblige, but, that, if any extraordinary thing come to pass, we may revoke it. Had we put Popery, Property, and the Fleet, in any way, we might have come to such a vote, a obedience to the king's Speech. What can be done by bills is already before us; to adm more, is but to incumber those. This seems to him to be perfectly the state of the question, whether we shall do any thing, or no? Therefore be concurs with the motion.

not, because he has not seen the bills. In his humble apprehensions, the navy is not provided for. He takes his rise from the bill for appropriating the Customs; if what he said the other day be true and he can make it out, that there is yet no provision made out for it If 400,000l. be no superfluity, to make tirs fleet of yours equal to what it should be with your neighbours-plainly, in view, it is neces sary, indispensibly: to the value of the bi then, have you complied with the king's Speech? For all this is but necessary to keep the flect as it is.

Mr. Harwood is sorry the crown of England has gone so far backward, as France has gone

forward. We hear of the ill condition of the navy, but not of the good. If we ought to be afraid of the French, by sea, or land, why do we suffer our men to stay there? As to the navy, so considerable to us, when our wooden walls are down, every one may come at us. The French having so admirable navies, and we so poor ones-Which might have been otherwise, if all the money given to that purpose had been so spent. If that which you have appropriated to the navy will not do, you may think farther of it, when you meet again. He concurs with the motion.

Mr. Sawyer. Here is a great debate. For fear of confusion on one side, and surprize on the other, moves to have no more bills brought in, after the first day of the next term. It is for the interest of the king to finish those before you; and he would have a convenient time set, for bringing in any more. The surprize of the passing the bill for the Fee-Farm Rent-great defect followed. A convenient time set to limit the bringing in of Bills would salve the doubts on both sides.

best service for the house; they are the very words proposed by the first man that moved it.

Mr. Swynfin rises to speak to the words, extraordinary occasion,' proposed to be added to the question. If the extraordinary occasion be from abroad or at home,' must be meant, which this house has no prospect of now. It will be private interpretation in this case; it will occasion, no man knows how many motions and interpretations, a man's own way, and give interruptions to your business, and he is therefore against the words being added to the question. Of two inconveniences, the greatest is to be avoided if any man thinks that, by it, he has excluded all extraordinary things, the house is the judge of that only.

Sir Rd. Temple thinks you sufficiently armed against these extraordinary occasions.' Your vote itself will give you liberty sufficient. It is only a trial, whether any man will offer you any thing extraordinary, or not.

6

Mr. Hopkins remembers that the last tax was, for the king's extraordinary occasions.' Sir Wm. Coventry. He has the less to say, because his sense is already expressed: the word extraordinary' is not only useless but dangerous; as if the house, without those words, was not masters of their own orders. Should be loth that it binded us up so as not to alter it, either on some great victory obtain

Mr. Finch*. We ought not to put the question, to prejudice any other business; we have not yet proceeded sufficiently for that. We are not to exclude Property, by petitions from private persons, that cannot have remedy in another place. He has received many particular papers; he calls them so, because delivered to him by particular men. Trade re-ed, or new occurrences. spects property. The motion about trade, for planting flax in England, is public, because it saves 800,000l. a year for coarse cloth, brought from beyond the sea. Religion ought to have the first place in your thoughts; but he moves that last, to rest it in your thoughts the better. The last session, you considered of Indulgence; and because we are safe on the shore, shall we have no consideration for them who struggle with the tide? Whatever the case be, it is charity and prudence to think on them, so considerable a part of the nation; and would not have them in despair.

Sir Tho. Meres. Whenever a necessity comes, that is for our advantage, or the nation's, it will over-rule all orders: believes that no-body that urged the question intended those words.

Mr. Sec. Coventry would have this word added to the question, not foreseeing what great occasions might come; for extraordinary occasions alter all orders; therefore would have the words, unless upon extraordinary occasion," added to the question.

Sir Tho. Meres. Writing the question is the

Son to the Lord Keeper. He succeeded to the earldom of Nottingham on his father's death in 1682, as he did to, that of Winchelsea in 1729, a few months before he died. In the reigns of king William and queen Anne he was Secretary of State, and in king George the 1st's, Lord President of the Council. Burnet, speaking of his conduct at the Revolution, says, "That he had great credit with the whole church party, for he was a man possessed with their notions, and was grave and virtuous in the course of his life. He had some knowledge of the law, and of the records of parliament, and was a copious speaker."

Mr. Sec. Coventry. The word necessity" is always avoided in this house; and would have it so now.

The word extraordinary' in the question, was then rejected, 169 to 121. And the main question "That no Bill be brought in, or received, but such as are already ordered to be brought in, or shall be sent down from the lords, until after the recess mentioned in his majesty's Speech," was passed.

The famous Non-Resisting Test brought into the House of Lords".] While the commons were thus employed "the grand push" says Mr. Ralph "was made in the house of lords, to disarm disaffection and republicanism, according to the royalists; or, according to the patriots, to extinguish the last spark of English

*After the session broke up, a Pamphlet, entitled, "A Letter from a person of Quality to his Friend in the Country, giving an account of the Debates and Resolutions in the House of Lords, in April and May 1675, concerning a bill entitled, A Bill to prevent the dangers which may arise from persons disaffected to the Government," was published by the celebrated Mr. Locke, who drew it up at the desire of the earl of Shaftsbury. It will be found at length in the Appendix to the present volume, No. V. † Vol. i. p. 170.

:

:

liberty. The expedient which was to facilitate imposed on thein, as members of either house, this mighty event, and which was the joint and at the same time refusing to admit of a product of all the subtilty that the schools, proviso inserted in a late Act for preventing the bar, or the court, could furnish, was con- Dangers that might happen from Popish Retained in the following oath: 'I A.B, do de- cusants; whereby the privilege of every peer, clare, that it is not lawful, upon any pretence and all their privileges, would be as fully sewhatsoever, to take up Arms against the cured from this act, as the other; a fourth king; and that I do abhor that traiterous Protestation was entered, which was signed by position, of taking up arms, by his authority, 16 peers, who thought these latter proceedings against his person, or against those that are of the house inconsistent with their two former commissioned by him, in pursuance of such orders.-During the course of the debate on 'commission and I do swear, that I will not, the privileges of parliament, the earl of Boat any time, endeavour the alteration of the lingbroke observing, that, though the proviso government, either in Church or State. So left the business within doors free, the Oath help me God.'-The person who had the ho- took away all private converse without, on nour of being the first mover for the court, matters of state, even with one another; the upon this great occasion, was the earl of Lind- lord keeper, the lord treasurer, and the duke sey, lord great chamberlain. One party, who of Lauderdale, told the committee, in plain had for their mouth the Lord Keeper, called terms, That they intended to prevent caballing, it a moderate Security to the Church and and conspiracies against the government; and Crown.' The other declared, That no con- they knew no reason why any of the king's veyance could ever, in more compendious or officers should consult with parliament-men, binding terms, have drawn a dissettlement about parliament-business; and particularly of the whole birthright of England. The mentioned those of the army, treasury, and penalty which the peers became liable to, navy: and when the marquis of Winchester on refusing this Oath, being incapacity to sit proposed an additional Oath, That every man and vote in their own house, the first stage should swear to vote according to his opinion of opposition to it arose from the peculiar and conscience, independent of threats, or rights of the peerage; and all objections on promises, rewards or expectations, the lord that head being over-ruled by the major vote, keeper made no scruple to declare, in a very 24 lords entered their protest; in which they fine speech, that it was an useless oath; for gave it as their opinion, that the privilege they all gifts, places, and offices, were likeliest to had of sitting and voting in parliament was an come from the king and no member of parhonour they had by birth, and a right so in- liament, in either house, could do too much for herent in them, and inseparable from them, as the king, or he too much on his side: and that that nothing could take it away, but what, by men might, lawfully and worthily, have in their the law of the land, must, withal, take away prospect such offices and benefits from him.their lives and corrupt their blood.-After five Proceeding to those extravagant words in the days debate, the Bill was committed; but not Oath, or against those commissioned by him,' without another Protest; in which it was urged, the house fell into yet greater heats; the opthat the bill struck at the very root of govern- posing lords making no difficulty to declare, ment, since, it took away all freedom of votes That if whatever is by the king's commission and debates: for he that swore never to 'alter' be not opposed by the king's authority, then a parted with all his legislative power at once, standing army is law, whenever the king and became perjured by endeavouring to pleases. This was illustrated in the following amend.'-The majority were so incensed at free manner: if, in suit with a great favourite, this second Protest, that some thoughts were a inan recovers house and land, and by course entertained of sending the 12 peers who signed of law, be put into possession by the sheriff, it to the Tower: bur the lord Holles desiring and afterwards a warrant is obtained, by the leave of the house to add his name to it, that interest of the person, to command some solhe might have the honour to suffer with thein, diers of the standing army to take the possesthey did not think proper to carry their re- sion, and deliver it back; in such case, the man sentment so far, but contented themselves with in possession may justify the defending himself, voting, That the Reasons given in the said and killing those who shall violently endeavour Protest did reflect upon the honour of the to enter the house; yet the party whose house house, and were of dangerous consequence is invaded takes up arms by the king's authowhich Vote was also protested against by 21 rity against those who are commissioned by of their lordships, as a great discountenancing him. And it is the same case, if the soldiers of the very liberty of protesting.-To take off had been commissioned to defend the house the edge of so fierce an opposition, the penalty against the sheriff, when he first endeavoured of forfeiting their seats in parliament, by re- to take the possession according to law; neifusing the Oath, was taken off by order of the ther could any order or commission of the king house; and, by another order, a Proviso was put a stop to the sheriff, if he bad done his added, to secure the freedom of parliamentary duty, in raising the whole force of that county proceedings: but the house still persisting to to put the law in execution; neither can the subject every member to the first enacting-court, from whom that order proceeds, (if they clause of the Bill, whereby an oath was to be observe their oath and duty) put any stop to

might not bear upon them.'-When the

the execution of the law in such a case, by any command or commission from the king what-Clause relating to the Church came under desoever; nay, all the Guards and Standing- liberation, it was observed, That it was not Forces in England cannot be secured by any agreeable to the king's crown and dignity to commission from being a direct riot, and un- have his subjects sworn to the government of lawful assembly, unless in time of open war the Church equally as to himself: that it was and rebellion. And it is not out of the way to necessary to understand thoroughly what this suppose, that if any king hereafter, contrary to ecclesiastic system was, which the subject was the Petition of Right, demand and levy money to swear allegiance to: and the bishops alledgby privy seal, or otherwise, and cause soldiers ing, That the priesthood, and its powers, were to enter and distrain for such-like illegal Taxes, derived from Christ, but the licence to exerthat, in such a case, any man may by law de-cise those powers from the civil magistrate, it fend his house against them; and yet this is of the same nature with the former, and against the words of the Declaration. And these being called remote' instances by the Lord Keeper, the earl of Salisbury replied, That they would not hereafter prove so, when this Declaration had made the practice of them justifiable. The next thing in course was the Oath itself: against which the following objection lay so plain and so strong, at the very entrance, viz. That there was no care taken of the doctrine, but only of the Discipline, of the Church; or, in other words, of its power and dominion. No papist would scruple to take an oath for the maintenance of episcopacy: and though, by the re-establishment of the Popish religion, the king would lose his supremacy, the bishops would be secure of their mitres, and all the trappings of wealth and power they were enriched and adorned with. This consideration, which was urged in its full force, compelled the advocates for the Oath to give it a new bias and, accordingly, the next day, it was introduced again in these words: I do swear, that I will not endeavour to alter the Protestant religion, or the government of either Church or State.' By this the ministers, and their godfathers the bishops, thought, they had salved all; and now began to call their Oath a security for the Protestant Religion, and the only good preservative against Popery, in case the throne should be filled by a Popish prince: in which their confidence was not a little wondered at, since it was notorious, that till now they had no such point in view; that they had been shamed into this addition, by the debates of the preceding day; and that some of the bishops had made their court to some of the Catholic lords by saying, That care had 'been taken it might be such an Oath as

* An Army had, as yet, received no sanction from the legislature.

These lords in a body joined the opposition on this occasion; which, according to Mr. North, they were induced to do by the cart of Shaftsbury's dinning in their ears; "That the Test tended to deprive peers of their right of sitting and voting in the house of lords; which was a right so sacrosanct, and radically inherent in the peerage, as was not to be temerated on any account whatsoever; and that, if this Act passed, the next would be to turn them out of the house."

was replied, That it was a dangerous thing to secure, by oath or act of parl. those in the exercise of an authority and power in the king's country, and over his subjects, which being received, as they urged, from Christ himself, could not be altered nor limited by the king's laws: that this was directly to set the mitre above the crown: and that this Oath was the greatest attempt that had been made against the king's Supremacy since the Restoration.-And as to swearing not to make any Alterations in the state, it was said, That such an Oath overthrew all parliaments, and left them capable of nothing but giving money: For the very business of parliaments was Alterations, either by adding or taking away some part of the executive power in church or state. Besides, it was well asked, What kind of government must that be, which men must swear not to endeavour to alter, upon any alteration of times, emergency of affairs, nor variations of human things whatever? Would it not be requisite, that such a government should be communicated by God himself, visibly appearing, or denouncing his immediate presence, by an exertion of all the wonders of omnipotence?-The Penalty of the Bill was considered in the last place; and was made different, according to the different qualifications of the persons: all that were, or should be, privy counsellors, justices of the peace, or possessors of any beneficial office, ecclesiastical, civil, or military, were to take the Oath when summoned, upon pain of forfeiting 5001. and being made incapable of bearing office: and though the members of either house were not subject to incapacity, they were to the 300l. penalty: nay, it was moved, that those who did not come up and sit as members should be obliged to take the oath, or liable to the penalty till they did so and it was at last carried, that every (sitting) member should either swear, or pay 500/. every parliament: the opposing lords how ever took up several hours in shewing the many hardships of this Clause; especially as it affected all the members of the house of commons, and all the acting justices in Eng land; the first of whom had it not in their power to be unchosen; nor the last, to be left out of the commission, before the act came in force (which was to have been the 1st of Sept. following) and both thereby became subject to an imposition that neither of them thought of, when they undertook their respective services: they likewise remonstrated, that the lords