assure all his friends and acquaintance, that they should meet, and so discountenance this report. There was no distinction in these Letters amongst such as were of his conversation. Believes generally that these gentlemen might promiscuously acquaint their neighbours, that there might be a full house. Sir Tho. Meres. There being a report that these Letters were sent, he cannot believe the king in the least concerned in this matter, nor the worthy secretaries. He has heard of an order of council; but reminds you that the council cannot meddle with meum and tuum: He heard they have done it, by reference, thereby terrifying causes fit for Westminsterhall: but much more they are not to meddle with matters of parliament. If then they have so mistaken the common law of parliaments, it is good law for the country. Not good to engage a fourth part, and leave the other three disengaged; and for the story,' the borse and one spur' spoken of, if the literate and illiterate had been upon one horse, they would have come together. forbidden to walk abroad for money, as they have done formerly: they should not meddle with the private purse, nor the public purse. Writs call us bither ad consulendum, but he perceives these letters are ad dandum. Col. Titus perceives by this, and many other experiments, that many things are too fine and subtle for his gross apprehension. Just before this session of parliament, the king seemed to be wonderfully enamoured with a parliament man; and would see them here with the first. There may be an inconve nience in sending these Letters to country juries; they may be imposed upon and frighted; but persons here having too much integrity to be imposed upon, it is not to be imagined. Resolved, "That his majesty be humbly moved, that the Members of this house may be summoned to give their attendance on the service of the house by Proclamation only." Debate on St.Germain's Assault on Luzancy.] Nov. 8. Mr. Russel. Coming through the Hall to day, he heard of a priest, one St. Ger main, who forced one Mr. Luzancy (in com Col. Birch. It is absolutely necessary to pany with an English jesuit, who spoke broken sit here on an equal foot. Never knew any French,) a minister of the French Church, with thing of this nature not gone to the bottom of, a that had good effect. Until this matter appears bare and naked, there will be jealousies. Therefore moves that the king may be moved to give leave that the Secretaries may produce these Letters, to see wherein they differ,' and believes this would give satisfaction. dagger in his hand, (threatening to stab him on refusal) to sign a Paper of recantation, containing many seditious things, and that the nation would turn to Popery, &c. * Po *About this time, an accident happened, which not only renewed the cry against Sir Wm. Coventry thinks there is a difference pery, but raised it louder than ever. One Luin the nature of the Letters, by the authority zancy, who from a French Jesuit became a of the king, and that of the secretaries. There convert to the Church of England, preaching is a difference betwixt a private man's letter to in the French Church in the Savoy, took oca judge, and a privy seal or great seal sent him casion to inveigh with great bitterness against about a cause. Thinks these Letters strange the errors of the Church of Rome; and af and unequal. The ancient way was to give terwards printed his sermon. This alarmed such notifications by proclamation, When the Papists, and particularly one Dr. Burnet, parliaments have been assembled, and not otherwise called Father St. Germain, a Jesuit many members come up, and not full, they and confessor to the duchess of York, who have adjourned for some time. But if any finding him alone in his chamber, and having man was declared governor of a town, or a posted three men at his door, threatened to captain, these employments were a dispensa-murder him if he did not make satisfaction for to his attendance here. If other differences be made, it is a great reflection upon the house. These people principally refer to us for their liberty and money, and the king recommends Religion and Money to us in his speech, and he remembers not but when any bill has been depending concerning, religion, against popery, that he has been as forward and zealous as any man-possibly not so forward in money. He is at a stand, having had no Letters as well as other men, but for the motion of sending to the king to have leave to inspect the secretaries books,' he is against it. You may attain your end another way, by representing the inconveniences of such Let-in several conferences with him, had attested, ters, from the inequality of it, for his majesty's service, and to prevent it for the future. Mr. Waller. If to find a fault in this matter, a committee is very good for it. But there is a fault some-where, in not giving advice to the king about these letters. Privy seals are the injury, and speedily return to France. The man thus awed and terrified, not only promised faithfully whatever was required of him, but signed a formal retraction, in order to get his liberty. But no sooner was he safe and free, than he went to Dr. Brevall, another converted Jesuist, and told him the whole story: the doctor communicated it to sir John Reresby, and sir John to the house of commons, who immediately took fire upon it, appointed a committee to examine the matter, and ordered Reresby to produce Luzancy the next day; who confirmed all; adding, moreover, the following particulars: That the said St. Germain, that the king was a Roman Catholic in his heart, that the court was endeavouring to get a Liberty of Conscience for the Roman Catho lics; and, that granted, in two years, most of the English would acknowledge the Pope; that he knew the king's intention concerning reli Sir Henry Goodrick has little to add, but matter of fact, the thing has been so well related by Russel. But thinks it his duty to take care that no discouragement be put upon persons that turn from Popery to our religion. M. Luzancy, is as learned a man, as any that has turned to our religion. The priest, St. Germain, belongs to the dutchess of York, and so gives an account of the matter. He had the account from Dr. Brevall. Sir Rob. Southwell. That night the council met, and lord Holles was summoned to attend, and he believes the king has the matter under his particular cognizance. Sir Philip Musgrave. This is so great an affront to the Church, that, if nothing be done in it, the Church will grow low in esteem. Pray proceed with all expedition in it. Sir Ch. Harbord. This goes beyond all precedents, to persuade, not only with arguments, but poignards! he never heard the like way before. Moves that the chief justice may issue out a general warrant to take him ubicumque fuerit in Anglia,' to be indicted for the king's honour, justice, and safety. Sir John Birkenhead. He values the thing the more, because Luzancy, by coming over to our Church, has done great hurt to the Church of Rome. He has written against it. But this St. Germain is a Frenchman, and not within the statute of 3 James-Insinuando by poignards, and daggers, as the story goes, to reHounce God, and then stab him, to be revenged both of body and soul! these strangers to come in this manner to the king's subjects! The king has taken cognizance of it, you are told, and believes you will have an effect of it suddenly. If not, do what you please. Mr. Sec. Williamson. The fact is a violence offered to this convert, M. Luzancy. On Thursday the king sent for him, to the lords house; the king had a Paper in his hand, given him by lord Holles, relating the violence offered this Luzancy, on the fourth of Oct. last, (and so gives an account of the Paper.) The king sent to have Luzancy examined, and the parties were warned to be at the Council at five of the clock. At seven Luzancy comes, and was examined upon oath: the next day he promised to bring his witnesses. When he was examined upon oath, the bishop of Oxford went to hear the examination. The king was presented with the examiners in the afternoon, and, if it could be, he gave order for a special council, but it sat not, and this day there is a council extraordinary for the thing. Sir Tho. Clarges. For ought he perceives, here is a failure of justice. Would know whe ther the Secretary, when he had this information, did send a warrant to attach St. Germain. Mr. Sec. Williamson. He sent a messenger to attach this St. Germain, but he was not to be found. He gave his Papers to the king: he had his direction, and obeyed it. Sir Tho. Meres. There is a motion made to apprehend these two priests, and he seconds it. Mr. Attorney Montagu. The king, as you are informed, has taken early notice of it, and as much as can be done. But it will be very ill if we do not something in it. Moves that two of our members may go to the Lord Chief Justice for a warrant to apprehend them forthwith. Col. Sundys. The Priest has done you a kindness. The nation is full of them, and would have a warrant to search for all Priests and Jesuits in general. Resolved, "That the Lord Chief Justice be desired forthwith to issue his warrant in par gion, and that he was sure his majesty wouldclared such threats to have been used towards approve of all he should do in that matter; that he laughed at the parliament, as being only a wave, that had but a little time; and said, that nobody was more welcome at court, or had greater intrigues with the nobility than he; that it was good, sometimes, to force people to Heaven; and that there were an infinite number of Priests and Jesuits in London, who did God a very great service.-When all these particulars, which Luzancy offered to attest upon oath, had been reported to the house, lord Cavendish called upon sir John Reresby to give an account of some other things which he had heard from Luzancy: one was, that two French Protestants, being merchants of great substance and credit, had been threatened by certain papists, that if they were not less severe upon the Romanists, they would ere long see the Protestant blood flow in London streets. A committee was appointed to enquire into the truth of this matter; and Luzancy being summoned, gave evidence to the very self same effect, and gave it under his own hand. The parties he had his information from, being sent for, appeared also, and de them by some French Papists; but, to what cause it was owing, is uncertain; they gave in only such names as were of persons either absent, or of no estimation; so that little came of this business. But these and other such informations, concerning the height and insolence of the Papists, did so exasperate the house, that many motions were made to humble them. Some were for a speedy confinement of them to the country, others for banishment, and some again for disarming them, and the like. His majesty also was pleased to issue his royal Proclamation, Nov. 10, signifying, that he had taken Luzancy into his royal protection; setting forth St. Germain's offence; offering 200. reward for the apprehending of him; commanding all constables, &c. to use their best endeavours to that end; and declaring, that whoever harboured him should be proceeded against with severity. This affair shewed the necessity of an Union among Protestants; and, accordingly a door of hope was once more opened to the Dissenters; leave having been given, in both houses, for the introduction of a Bill in their favour." Ralph. ticular to apprehend those Jesuits, and another to search for and apprehend all Priests and Jesuits whatsoever. Debate on the regulating the Election of Members to serve in Parliament.] Nov. 12. Sir Henry Ford. In the Long Parliament the Court of Stannaries was taken away, because if the plaintiff brought a vexatious suit, and was cast, he paid no costs. Mr. Garroway. There is a short way to remedy these excesses, without taking away civil hospitality, viz. that the person to be chosen shall have an estate in the proper county.' Serj. Maynard. By law, every man that serves here, must have his wages from the county or borough he serves for, but now, generally, there are none taken. This bribing men by drink is a lay simony: electiones fiant libere.' What do men give hogs drink for? To be carried on the shoulders of drunken fellows? Thinks it a good limitation, that none be capacitated to be chosen, but such as have estates, or reside, in the county.' Exclude them that have no estates from being trusted in what they give; who, to serve a turn, will be made free of the borough, and it may be, never live nor trade in the borough hereafter. Sir John Bramstone. Before you give directions to the committee for a Bill to regulate Elections, you will, in the first place, not exclude so great a county as Essex, if you alter the law but three boroughs and two knights in the county before you give a restraint, make us even with other counties. In Oliver's time there were 16. Before you alter the law, would make the distribution more equal. : Sir Rob. Carr. There are but 12 for the county of Lincoln. Would have no man a knight of the shire, that has not an estate in the county he serves for; but for a burgess, if his estate be in another county, would have him serve for a borough. Mr. Boscawen. It is looked on as a privilege of their county (Cornwall) to have so many to serve in parliament, but strangers are chosen that look not after the county. It may be, Yorkshire has as many as Devon and Cornwall, and anciently the boroughs petitioned to be discharged from sending burgesses, for the charge it put them to for wages; but the world is so altered now, that some forget for what place they serve. Mr. Vaughan. A man is obliged, in justice and gratitude, to serve the interest of the place and county he serves for. It is the same thing as if a man had no estate at all, if he have none in the county or borough. Sir Edw. Dering. If they have estates in any other county, as in law they may be chosen, so they may in reason also. Would leave both the expence and the qualification to the com mittee. Sir Rd. Temple. Anciently there was no vote in a borough, but by burgage tenure, borough-houses: we come now to freemen, and salesmen, scotters and lotters, but such only had voice as were able to maintain the charge of their burgesses. Would tie up elections to such as have estates to answer their actions to the place they serve for. Would not have one chosen that has not an estate of 500l. per ann. And restrain all charges, and expences, that elections may be free. Mr. Williams. By statute of Hen. vi. the county is to chuse by freeholders, and the cities by citizens and burgesses: electors, and elected also. There is another statute, 'that elections shall be freely and indifferently made, notwithstanding letters, &c.' which he has felt to his cost. Mr. Swynfin. You are on a good subject, and it deserves consideration. You have had several things moved, almost impossible to come to effect. It was never before thought of to make rules for boroughs, but to leave men to stand upon their ancient privileges. Some boroughs, by prescription, have a settled right by law. In some there is no burgage tenure: would therefore avoid these large considerations. If you make a general Vote, there will be as much doubt on the interpretation, and be as full of dispute when it comes to be applied, as now. If you go about it, it is as much as to say you will have a bill that shall never come to effect. But there is one thing: that exorbitant corruption, amounting to no less than bribery: and it is better to allow to give 1000l. than to expend it so disorderly. It makes the very parliament have reflections upon it; therefore would have a Bill to restrain this giving or spending money before the elec tion be made. Tho. Meres. As good make a coat for the moon, as alter the manner of elections; we have one burgess sits here upon one point, and another upon another. Doubts that what we are about to do is impracticable. Those who wish not the parliament well, impute these things as a scandal to us. Therefore something should be done against drinking and bribery, and would have the Committee directed in it. The following form of a Vote or Order of the house was then read, and referred to.-N. B. The Committee of Privileges passed it, with a few alterations, the day before the session ended. Statute of 7 Hen, iv. was read, at the committee, viz. "The Election of Members to serve in Parliament, shall be freely and inditferently made, notwithstanding any prayer or commandment to the contrary. Resolved, "That if any person, or persons, hereafter to be elected, in a place for to sit and serve in the house of commons, for any county, city, town, port, or borough, after the test, or issuing out the writ of election, upon the calling or summoning of any parliament hereafter, of after any such place becomes vacant hereafter, in the time of parliament, shall by himself, or any other in his behalf, or, at his charge, at any time, before the day of his election, give * Grey. any person or persons, having voice in any such elections, any meat or drink, exceeding in their true value 57. in the whole, in any place or places, but in his own dwelling-house or habitation, being the usual place of his abode for twelve months last past, or shall, before such election be made and declared, make any other present, gift, or reward, or any promise, obligation, or engagement, to do the same, either to any such person or persons in particular, or to any such county, city, town, port, or borough, in general, or to, or for, the use of them, or any of them, every such entertainment, present, gift, reward, promise, obligation, or engagement, being truly proved, is and shall be a sufficient ground, cause, and matter to make every such election void, as to the person so offending, and to render the person so elected incapable to sit in parliament, by such election, and hereof the committee of elections and privileges is appointed to take especial notice and care, and to act and determine matters coming before them accordingly." Debate on Sir E. Jennings, a Member, being made High Sheriff of the County of York.] Nov. 16. The house being informed, That sir Edmund Jennings, a Member of this house, is made High Sheriff of the County of York, a debate arose thereupon: Sir Nich. Carew. If a Sheriff of a County plead privilege, he may obstruct the justice of that whole county, and no man can have remedy against him. Would have you vote, that it is a breach of privilege to be made a Sheriff, &c. thereby withdrawing his attendance from his service here. Sir Cha. Wheeler. If there be a voluntary acceptance of the office, what breach of privilege is it? You have never exercised your authority against absent members. A hundred men of the house are away, and why you should fall upon one member, and not all the rest that are absent, knows no reason. Mr. Waller. It is something to want half our knights of the shire. About 40 years ago there was made sheriff a great father of the law, sir Edw. Coke, because he should not help us here. One was made Sheriff, and sat here, and was fined in the Star-Chamber for going out of his county: they cannot sit here because they cannot come out of their county. They may make the Speaker sheriff. Sir Rob. Carr. He thinks the king has not broken your privilege, though possibly it is construed so without doors. Sheriffs have sat in parliament. If you make an address to the king for prevention of it for the future, he gives his consent. Mr. Sacheverell. The law stands expressly, that the Sheriff is to be nominated, at such a time, in the exchequer. In the next place, all actions brought against a sheriff are personal, for the money he receives, and his executors Mr. Walter Long, fined (5 Charles) burgess for Bath, and sheriff for Wilts. VOL. IV. are not liable to make account. A sheriff shall receive all monies upon executions, &c. and the parliament sits, he pleads his privilege, and cannot be brought to account. Would therefore address the king to supersede this writ, and vote this a breach of Privilege. Mr. Wilde. There are three names sent to the king from the Exchequer, and he sets aside, and chuses, whom he pleases. Put the case that there should be a new parliament; a sheriff in one county may be chosen in another. But is seems, when it serves one turn, it is one thing, and then another: because this parliament has lasted 15 years, shall it continue 15 more? This parliament is made such a precedent, that we are like to have no more so long again. Sir Wm. Coventry speaks out of no prejudice to this gentleman that is appointed sheriff for Yorkshire. Hears it said, that precedents, if there have been any, not taken notice of, do not fortify the right; but, if at any time, would now make an end of them. Would now address only to claim our right, and no more. It is said, the gentleman is willing to accept the office,' and must we therefore give away our privilege? Fagg's case, he thought good in the lords house, and therefore he appeared there, but you sent him to the Tower for breach of your privilege. It is said often here, that we cannot give away the privilege of any man; the reason given, about executions &c.' convinces him. The king enters not into a nice disquisition of their being parliament men: if one be made, 50 may be made, and so 50 settled in the country, and he need not tell you how 50 votes would have carried things as they are not now carried. This of pricking members Sheriffs, and the letters sent to gentlemen, may tend all to the same end. So it concerns the parliament, that you leave not the gap open, to root up all your privileges. Whether the parliament be longer or shorter, there will be so many absent, Sheriffs-And when the parliament set to work about any thing, it is quickly done. From these considerations, moves that you will prevent this for the future, not barely by a petition, but your right annexed to it. If you address the king only by petition, it may possibly not be granted, and so your right be precluded for ever. Mr. Sawyer. It is strange, at this time of the day, to declare this a breach of privilege; it has been practised in all times. Must all your members be turned off that are in such offices? Though they are bound to attend their offices, yet they are bound to attend the kingdom in the first place. Mr. Vaughan. Sawyer argues very well, but his reasons must be well fortified to argue against privilege of parliament. But by being sheriff, a man must be in two places at one time, and you fine him here for his absence. Sir Ch. Harbord. It is no breach of privilege at all, the thing has been usually done, and always so done. He thinks it true that no member can be absent without leave of the 3 E house. Suppose the sheriff should put the cluded.) But it is said, Why a breach of priking's money into his own purse, the conse-vilege at this time, and in this case, and never quence is, the king indicts the party. The king makes a man sheriff, and he is then chosen a parliament-man, and he cannot attend the business of the county to pay the money according to his writs-And persons escapeHe thinks it a wise and a good counsel, that for the time to come this be not drawn into precedent, and to move the king so. Mr. Streete. It is the resolution of the judges, that this law mentioned does not deprive the king of his sovereign power, but only eases him of the trouble and labour. The day after All-souls, the king may prick sheriffs without them. Queen Eliz. king James, and the late king, have pricked sheriffs. It was not the opinion of the house in the case of sir Edw. Coke. Look on your own books, and you will find, in that case, the opinion of the house that a Sheriff of one county may be elected to serve for another, and the sheriff of his county may be returned for a borough in the same county,' and some now sit so. It was never thought but a sheriff may be here, and it disables him not to attend his service. There are 4 of your members that have served, this parliament, for that county we now debate. Sir Tho. Meres. Coke's case was nothing to this now in debate, and to clear that repeats the question-Care of our Privileges.' The making a member of this house sheriff is a breach of the privilege of this house. This case comes not up to the other. This case is, the house sitting, to make a member sheriff of a County; and all that is said against it is, That we have some sit here that have been sheriffs of that county.' But if the thing has been once or twice done, and therefore must be a precedent, then, by the same reason, the lords may try your members, because it has been once or twice done. It is said, 'That it is as fit members should be sheriffs, as justices of the peace.' If that be the case, we may all be made sheriffs. If it be as equal to make us sheriffs as justices, perhaps 40 or 50 may be made sheriffs hereafter. Sir Winston Churchill agrees to the inconvenience of it, but thinks it not a breach of privilege. Put the case that another man's cattle make a trespass upon him, and eat up his grass, but if the gaps or gates be left open, it is his fault. This is no trespass, but our fault. Before you vote it a breach of privilege, would be satisfied whether the king taking somewhat that is not his right-To prick a sheriff-If that be not the point, it has respect to your member only. In his case, he should think it hard and reflective that he only should be the man excepted. Not a Yorkshire gentleman has yet offered any thing against it. Col. Birch is afraid to speak to you in this matter, lest, if any gentleman should say here we fly in the king's face, be may tell the king so. He can never believe that the same men were called up in three parliaments in Edw. iiid's time, (In H. iv's time lawyers were ex so before? He is apt to think that things have been done here that will never be done again. Such sums, he believes, any man would be laughed at, that should move for them again. Would do the thing easily: it cannot reflect upon the king, and is far from thinking on a minister of state. Sir George Downing. This is a breach of privilege, and the party concerned makes no complaint. It is taken up by other gentlemen, and not the party concerned. You are going to vote, That making a member sheriff is a breach of privilege, and you never saw any thing to the contrary, but that he might, &c. There is no question yet stated. Some say, 'The king has broken the privilege,' without any farther ceremony. Shall not a committee first examine it? In far less things than this we go by steps. Let records be searched first. He will else never vote it. He will have his tongue out of his head before he will do it. Sir Henry Capel rather would not have this gentleman made a precedent, but he thinks himself beholden to him for being the occasion of this debate. If the question be of privilege, he must give his vote for it. Mr. Bennet. As to trespass spoken of, it is time now to mend the hedge, and shut up the gate. He hopes Jennings will not suffer so much by it, there will be found somebody to officiate it, and he to have the best share of the profits: and that we are so fond of him, we will not part with him. Sir Edward Dering. Let the gentleman concerned look to that, before he takes the office upon him. The danger of making one sheriff that is a member, and the con sequence of making many, is but a remote reason, and weighs not with him. We have had three or four members sheriffs of that county, and no complaint made of it. The deputysheriffs do give security for performance of the office. In all cases, would have the king treated with all reverence, and in this most tenderly would, therefore, only address the king, That, for the future, no Member of the house be made Sheriff." : Sir Tho. Littleton. By this means we strike off half our privileges; for writs of privilege & man can only have when the suit is begun. It is moved to temper the business is sorry for the member concerned, for whom he has a respect; but, if you proceed no farther than an Address to the king, That it shall be so no more for the future," you give up the cause. For he has observed, that when a thing has been voted to be no precedent, for the future, it proves often to be a precedent to do the same thing again. Sir Henry Goodrick hears it said, 'that few, or none, of Jennings's countrymen are con cerned in this matter.' Though he has been silent in the thing out of modesty, is concerned as a reflection on his person, and reputation, which he would have so saved, as that the |