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utterly useless to the intent we were sent | raise that other scruple to break you. There hither for. In this great strait, if an expedient is great difference betwixt matters of grace and could be found out, if we could make our claim matters of right. This of chusing our Speaker, on record, as well as the king's refusal on the is so much of the essence of parliament, that Lords Books; but that appears there, and ours we cannot part with it. When was any does not, and is no where for us. As this now Speaker, that was presented, ever refused? If stands, were there not something else in the nothing of that be, but absolute power in the case, we would easily part with it. It is a king; suppose five or six Subsidies should be great advantage for the king to set up his demanded, and you make application to the throne in the hearts of his people. There will king, and represent, That the commons are be great difficulty in an expedient in this mat- poor and cannot raise them all,' and the king ter; and that must be with great patience and should answer, Go your ways, consider what kindness to hear one another. If the king I have said, and raise them.' I am afraid that, pleases to call Mr. Seymour to the lords house, when you have chosen your Speaker, and that all is free and at liberty, and we may proceed is over, still you will have blocks and interpoto the choice of another, and our privileges sitions in the way, and ill counsellors will be will be safe. But since we are between two encouraged to advise yet worse. The same rocks, it becomes prudent men to go where the Answer may be given to our three requests of least danger is. But I know not what to pro- Freedom of Speech, &c. If my borough that pose. I serve for should ask me, 'Why we did not Sir Edw. Dering. I am not so superstitious chuse another Speaker? I will answer, Bethat, because we stumbled at the threshold, cause I will not part with their right.' I adwe should leave off our journey: and I hope vise, therefore, that we do as was done in the we shall be at our journey's end. I hoped, former king's time, in the Petition of Right; that, after two or three days, and the consi-that we apply to the king for a better Answer deration of the merits of the person, and our to our Representation. choice, the king would have admitted Mr. Sey- Serj. Maynard. This is not a question to mour. But seeing he does not, I would pro- put the ruin of a nation upon. The last parceed to another choice. There is no prece- liament, pursuing things with zeal and truth, dent directly in the case, of our power. In yet were dissolved. I could not have believed this doubtful case, I would consider in pruit. I believe that gentlemen have in this matdence what is to be done. All know our dis- ter spoken their hearts, and I believe I shall satisfactions at home, and that we have a pow-speak mine too. What is your evidence for erful enemy abroad. We have a restless faction at home of Papists. We are in a very bad and helpless condition. Suppose the king should dissolve this parliament, upon this point, and call another, it will be a discouragement to gentlemen to come again; and if there be no other consequence of our pains than to sit but a week, gentlemen will not be ambitious of that trust. Consider, whether we can answer it to the country, if we break upon this point. If it be said,That if the king refuses one Speaker, he may refuse 500, and has not refused any, these hundreds of yeurs,' that is a strange inference. I think it the best expedient to chuse a third person.

this right that you pretend to? From R. ii.'s and Hen. iv.'s time, there has been no denial of the Speaker that you have chosen. Because it has not been denied, cannot it be denied? why do you let the Speaker excuse himself at the lords bar, and not accept his excuse here: if a man can show the fruits of his ancient possession, though his evidence be lost, yet that goes a great way. It is said, by this we shall lose our privilege, and Speakers may be rejected without end.' It cannot be presumed that our Speakers will be rejected till one be got for the turn; that will be too gross. We come here for the good of the king's crown, and the government, and posterity, as well as for our own present good. If we demand just laws of the king, he grants or rejects them, and it is matter of grace, and not of right; and that is a greater prerogative than rejecting or accepting a Speaker. That which astonishes me is, we have dangers at home and abroad. This matter of right is not clear to me. But it is clear that we shall be ruined by a breach with the king.

Mr. Garroway. I am not much frighted, nor much invited to sit, since I find, at the beginning, what entertainment you are likely to have at the latter end of the parliament. We are only unhappy that the king does not consider our Representation. Let us try the king whether he will or no, for one day. I would not yield up our right, and, I believe, the king will find out an expedient, and neither infringe your liberty nor his own prerogative. I have Mr. Solicitor Finch. I think it a good exknown whole sessions defeated in a day, by a pedient to chuse a third person for Speaker, prorogation, and if this be done, by the same and I think it not fit to represent to the king counsel it may be again. I pray that, with all what he has twice denied us. The king's neduty imaginable, the king may be farther ad-gative power is as much as chusing a Speaker. dressed in the matter; and if he will not give us an Answer, then I would put the question of our right.

Sir Tho. Clarges. This point of prerogative, that has stuck these hundreds of years, will

Mr. Vaughan. What higher testimony can a subject have for all he has than records? I would not show the way here to cancel records. When we consider that 30 laws were broken by the Declaration for Liberty of Conscience,

and money given for a Fleet, and we had no Fleet, money for an Army, and no war, what cannot we suppose? what remedy can we have, when the king will not so much as look upon our Petition, that has all our rights? the same counsel put him upon this. This is but beginning to ride a parliament. Languishing persons to take physic, not out of hopes to be cured, but to prolong their life some time. fear that may be our case.

Journal.' I propose that way as most expedient.

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Sir Harbottle Grimstone. It has been our work four or five days to find out an expedient in this matter, and we cannot. The king has been so advised, that we chuse any member but one; which is as much as to say, 'chuse whom you will but 20.' Except one, and exIcept 20. It was a saying of king James, That when he called a parliament, he let down his prerogative to his people; but when he dissolved a parliament, he took it up again; not for his pleasure, but for his power.' If one Address will not do, I am for a second and a third to the king.

Col. Titus. There are not worse counsels than have been given by those about the king, and I expect no better from them. Nobody will deny that the choice of a Speaker is in the house. This matter is not of that last importance as to venture the kingdom upon it. If the king denies one or two Speakers, he may deny ten, till he have one to serve a turn it is possible, but not probable. The words of the writ that calls us hither arc, to consult de quibusdam arduis regni negotiis'-and all that is to give Money: an empty Exchequer, and a full house! will the king lose his Money, do you think, by putting by 40 Speakers? I would not have that argument pass, that if we chuse not another Speaker, we shall be dissolved. When once a parliament is so fond of their places, and so fearful of a dissolution, that parliament did never do any good. Gentlemen did not expect such an Answer from the king; but when I consider who was the counsellor of it, I wonder not at all at it. I move you to adjourn till to-morrow.-The_debate was accordingly adjourned by the Clerk.

March 12. Sir John Cloberry moves, that the question may be put for the chusing another Speaker.

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Mr. Trenchard. The king has no right to reject our Speaker, but ancient usage has been to the contrary. Consider the nature of the thing; if the case be doubtful, we ought to insist upon it. It is a great inconvenience to the house to have no Speaker; and more for the king; and where it is so, it ought to turn the scales. We are told of dangers abroad and at home.' But that is more to give warrant for us to give our rights away. Those persons who formerly have made misunderstandings betwixt the king and parliament, I see, will continue it as yet you cannot honourably admit of an expedient. At present, you have humbly addressed the king by way of representation of your case; and the king has given you such an Answer as was never yet given to any house of commons. You expose the honour of the house to censure, if you give up your right upon such a slight answer. I would therefore address the king for a farther answer. Sir Hugh Cholmondeley. As far as I can guess, this question is better to be left undetermined than determined. If the king can refuse a Speaker, he may refuse several. If the king has not liberty, &c. he cannot displace, upon excuse of infirmity. We had better begin anew, and leave it as it was. moved, That the king might cause nothing of this matter to be entered upon the Lords

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Sir John Reresby. If you put the king upon a dissolution of the parliament upon this point, though some gentlemen say, they do not fear it, because of the king's necessity for Money;' the king's necessity is his people's necessity; and if we have so little consideration of the king's necessity, the king may have as little as our's; therefore I move that you will nominate a third person.

Sir Thomas Exton. I shall not enter into the debate of the king's prerogative in this matter. I am not of opinion, that to wave it now is to give it up for ever. The city is on fire, and one comes and blows up my house, which is my right, but upon that extremity Í wave it. No man will say that this is our right; and as the king has given up his right by our free choice of a Speaker, as he has directed you, it is no yielding the point.

Mr. Williams. Prerogative does and must consist, and the essence of it, as much in custom as any of our privileges. Now the business of the five days is to make a precedent in your house against yourselves as it were. Dr. Exton, who is in another orb of the law, would let your right sleep now, to resume * it another time. Now popery and foreign fears are upon us! I have ever observed, that prerogative once gained was never got back again, and our privileges lost are never restored. What will become of you when a popish successor comes, when in king Charles ii.'s time, the best of princes, you gave up this privilege? When you have the oppression of a tyrant upon you, and all ill counsels upon you, what will become of you? Now you have none to struggle with, but ill counsellors and a good prince. I will lay this as heavy upon counsellors as any man can lay it upon man. I am as willing to heal as any man, but can you lay this aside with honour, having represented it already? He that made this question cannot want another to play with, and then you will be sent home inaimed in your privileges, wounded in your body. This is gagging the commons of England, and like an Italian revenge, damning the soul first, and then killing the body. The Representation you have delivered, is very mode

See sir Thomas Exton's speech above. He was a member for the University of Cambridge, and LL, D.

rately penned; and will you receive this manner of answering? When you have presented an humble Petition, what sort of Answer do you receive? Do you not, by laying this aside, set up a worse precedent than you have had an Answer? I have that in my mind which I cannot so well express, but gentlemen may easily imagine. By good counsel, the king may heal all this, but it will never be in the power of the house of commons to retrieve it, if you give up your right.

The Commons' Second Representation to the King] The commons then agreed upon the following humble Representation to his majesty:

"Most gracious sovereign: Whereas by the gracious Answer your maj. was pleased to give to our first Message in council, whereby your maj, was pleased to declare a resolution not to infringe our just rights and privileges, we, your majesty's most dutiful and loyal commons, were encouraged to make an humble Representation to your majesty upon the choice of our Speaker, which on Tuesday last was presented to your maj. by some of our members: we do, with great trouble and infinite sorrow, find by the report that was made, to us, by those members at their return, that your maj. was pleased to give an immediate Answer to the same, without taking any farther consideration thereof; which, we are persuaded, if your maj. had done, what we then offered to your maj. would have so far prevailed upon your royal judgment, as to have given your maj. satisfaction, as to the reasonableness thereof, and preserved us in your majesty's favourable opinion of our proceedings: and since we do humbly conceive, that the occasion of this question hath arisen from your majesty's not being truly informed of the state of the case, we humbly beseech your maj, to take the said Representation into your farther consideration, and to give us such a gracious Answer, that we may be put into a capacity to manifest our readiness to enter into those consultations which necessarily tend to the preservation and welfare of your maj. and your kingdoms."

The King's Answer.] To this Representation the king immediately gave this quick reply, "I will return you an Answer to-morrow." The King prorogues the Parliament for two days.] March 13. The commons being met, in expectation of his majesty's Answer, about 11 of the clock the king sent the black rod for them to attend him in the house of lords, which they did; where the Lord Chancellor said, "That it was his majesty's pleasure that this parliament be prorogued to the 15th instant. And accordingly it is prorogued to that time."

SECOND SESSION OF THE THIRD PARLIAMENT. The King's Speech on opening the Session.] March 15, 1678-9. The house met, according to the prorogation, when his majesty, in the lords house, spoke to this effect:

"My lords and gentlemen; Though this

hath been a very short recess, yet there are some doubts whether you can take notice of what I said at the opening of this parliament, in point of form; therefore it is necessary that I recommend to you what I and my Lord Chancellor said to you the other day, as if we said it now. The rest I refer to the Lord Chancellor."

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The Lord Chancellor then spoke as follows: My lords, and you the knights, citizens, and burgesses of the house of commons; Since it hath pleased the king to refer you all to what he lately said at the opening of this parliament, it will concern us all to take it into our most serious thoughts, and to enter upon the matter therein recommended to us, that so we may proceed effectually in that great work for which we were called, without being diverted from it by any consideration whatsoever. For if this parliament succeed not well, if it do not quiet and compose the minds of all the people; it will be thought the most unaccountable thing in the world, considering the great preparations the king hath made for it, and those excellent dispositions of mind he brings towards it. Wherefore, that no time may be lost, his majesty commands you, gentlemen of the house of commons, to proceed immediately to your choice of a Speaker, and his maj. will expect that he be presented to him on Monday next."

Serjeant Gregory chosen Speaker.] The commons then returned to their house to chuse their Speaker.

Lord Russel. Gentlemen, I hope the occasion of the late unhappy difference about the choice of our Speaker is removed by the prorogation. And I hope now that no ill persons, by tricks, can create a misunderstanding betwixt the king and his people, and hinder the happy effects of this session. And since the first step we are to make is to chuse a Speaker, I shall humbly recommend Mr. Serj. Gregory as a fit person.

Mr. Sacheverell. I stand not up to oppose the motion, but for what every honest gentleman ought to do. I blame no man that dif fers from me, or goes according to his judg ment. I differ from those who think that this point of right, of chusing our Speaker, is now quiet, and I stand up only to give my reason for it, why I differ, and then I will withdraw, I differ, because that in honour we cannot leave Mr. Seymour, since he may suffer by being named Speaker by us. Next, if our right he not maintained, we have a precedent upon us. Next, if there be no expedient, then the motion is warrantable; but I know not of any.

Lord Cavendish. By the last prorogation, the king seemed rather to yield to us, by admitting that the point in difference could not of the Speaker that we chose is not entered be decided any other way. The king's denial into the lords Books. Therefore in respect to the affairs of the nation, let us chuse our Speaker, and I second the motion for serj. Gregory.

Serj. Gregory. I humbly thank you for your good opinion of me; but when I consider

the weight of your debates, which require a person of the greatest experience and parts, ny time of sitting here has not been above a year, and my experience so little that you may suffer in your affairs; and I come with the greatest disadvantage imaginable to succeed a person of so much experience. Pray consider of it and chuse a more experienced person.

Then lord Russel and lord Cavendish took him by the arms, and led him to the Chair; which he did not in the least resist.-On the 17th he was presented to the king, who without hesitation approved of the choice.

that they are fully satisfied by the Proofs they have heard, that there now is, and, for divers years last past, hath been, a horrid and treasonable Plot and Conspiracy, contrived and carried on by those of the Popish Religion, for the murdering his majesty's sacred person, and for subverting the Protestant Religion, and the ancient and well-established government of this kingdom." To this Vote they desired the concurrence of the lords, which was granted.

Message against the E. of Danby.] March 22. The commons ordered a Bill to be brought in, to secure the king and kingdom against the Danger and Growth of Popery. And being commanded, at the same time, to attend his majesty in the house of peers, the king spoke to them in favour of the earl of Danby: but returning to their house, they presently Resolved, "That a Message be immediately sent to the lords, to remind their lordships of the last Message sent them from this house, rethat he may be forthwith sequestered from par

A committee of Secrecy appointed.] March 20. The commons resolved, "That a Committee of Secrecy be appointed to take informations, and prepare Evidence, and draw up Articles against the lords that are impeached, and that are now in the Tower, and to take such farther Informations as shall be given, relating to the Plot and Conspiracy against bis majesty and the government, and the Mur-lating to Tho. earl of Danby; and to demand der of sir E. Godfrey."

The Commons remind the Lords of the Im-liament, and committed to safe custody." peachments against the E. of Danby.] They next resolved, “That a Message be sent to the lords to put them in mind of the Impeachment of High-Treason, exhibited against Tho. earl of Danby, in the names of the commons of England, and to desire that he may be committed to safe custody."

Oates and Bedloe's Informations.] March 21. Dr. Tongue and Mr. Oates were called before the commons, to give in their Informations concerning the Plot, &c. and the latter gave in an Information, not only against the earl of Danby, but also against sir John Robinson, col. E. Sackville, and capt. H. Goring, all three members of the house of commons: which raised a new flame in that place.-Bedloe likewise delivered in his Information; upon which the house Resolved, "That an humble Address be made to his majesty, that the 500l. reward, promised by his proclamation for the discovery of the Murder of sir E. Godfrey, may be forthwith paid to Mr. Bedloe, who, this house is satisfied to be the first discoverer thereof: and that his majesty would farther be pleased to order, that the 207. reward, for the discovery of every Priest, may be effectually paid to the Discoverers of them."—In another Address, they desired his majesty, That the care of Mr. Bedloe's Safety may be immediately recommended to his grace the duke of Monmouth." To which the king gave a present Answer: "That he would take immediate care for the payment of the 500l. and the 201, they desired: that he had hitherto taken all the care he could of Mr. Bedloe, and that he knew how considerable his Evidence was, and that he would see hereafter that he should want for nothing, and that he would be responsible for him, whilst he remained in Whitehall; but that he could not be answerable for him when he went abroad."

The Plot voted to be real.] They next came to this Resolve, "The house doth declare,

Upon this request the lords desired a Conference: but the commons returned answer, "That it was not agreeable to the usage and proceedings of parliament, for either house to send for a conference, without expressing the subject matter of it."--Upon a second Message, wherein the earl of Danby was mentioned, they met the lords in the Painted-Chamber, where the duke of Monmouth spoke as follows: "I am commanded by the lords to acquaint you, that their lordships, having taken into their consideration matters relating to the earl of Danby, together with what his maj. was pleased to say upon that subject, have ordered that a Bill be brought in, by which Tho. earl of Danby may be made for ever incapable of coming into his majesty's presence, and of all offices and employments, and of receiving any gifts or grants from the crown, and of sitting in the house of peers."

The King grants the Earl a Pardon.] In the mean time, the commons, hearing that the king had signed a Pardon for the earl, appointed a committee to repair to the several offices, (at neither of which no entry of it had been made) and particularly to the Lord Chancellor, to enquire into the manner of suing out that Pardon. Whereupon the Lord-Chancellor, (after premising, that he neither advised, drew, or altered it) informed the committee, "That the said Pardon was passed with the utmost privacy, at the desire of the earl, who gave this reason for it, That he did not intend to make use of it, but to stand upon his innocence, except false witnesses should be produced against him; and then he would make use of it at the last extremity. That he advised the earl to let the Pardon pass in the regular course; but, after consulting with the king, his maj. declared he was resolved to let it pass with all privacy: and, suddenly after, the king commanded the Lord-Chancellor to bring the seal from Whitehall, and, being there, he laid

The Commons resolve to attaint the Earl of Danby.] Whereupon the commous ordered, That a bill be brought in to summon The. earl of Danby to render himself to justice by a certain day, to be therein limited; or in default thereof, to attaint him.'

The Earl of Shaftsbury's Speech on the State of the Nation.] March 25. It was moved in the house of lords, "That inquiry may be made into the State of the Nation,"; upon which oc

The Earl of Shaftsbury made the following Speech: "My lords; You are appointing the consideration of the state of England, to be taken up in a committee of the whole house, some day next week. I do not know well how what I have to say may be received, for I never study either to make my court well, or to be popular; I always speak what I am commanded by the dictates of the Spirit within me.-There are some considerations abroad, that concern England so nearly, that without them you will come far short of safety and quiet at home: We have a little Sister, and she hath no Breasts; what shall we do for our 'sister in the day when she shall be spoken

it upon the table; thereupon his majesty commanded the seal to be taken out of the bag, which his lordship was obliged to submit unto, it not being in his power to hinder it; and the king wrote his name upon the top of the parchment, and then directed to have it sealed: whereupon the person that usually carried the purse, affixed the seal to it." The Chancellor added, "That, at the very time of affixing the seal to the parchment, he did not look upon himself to have the custody of the seal."casion, The Commons resolve to demand Justice against him, and declare his Pardon illegal.] Upon reading this Report, the house fell into a violent heat and debate; and of those that spoke, we must not omit Mr. Powle's severe Specch, who naming the earl of Danby, procceded thus: "The person to whom we owe the dangers and fears of the French king against us the person to whom we owe the threats and severe Answers to those bumble Addresses we made the last session of parliament: the person to whom we owe the ruin of this nation, and exhausting the king's Revenue: the person to whom we owe the expence of 200,000l. a year unaccounted for the person to whom we owe the raising of a Standing-for? if she be a Wall, we will build on her a Army, to be kept up by the Receipt of six millions of livres yearly, for three years, to enslave us and our Religion: the person to whom we owe the late bone that was thrown in on the sitting of the last parliament, to hinder the good issue that might have come by their proceedings; who is now laying down his staff, and making up his accounts in the Treasury as he pleases, to enrich himself out of the spoils of the people, and so depart." At the conclusion of the debate, Resolved nem. con. "That a Message be sent to the lords to demand Justice, in the name of the commons of England, against Thomas earl of Dauby; and that he may be immediately sequestered from parliament, and committed to safe custody." They likewise resolved, "That an humble Address be made to his majesty, representing the irregularity and illegality of the Pardon, mentioned by his majesty to be granted to the earl of Danby, and the dangerous consequence of granting Pardons to any persons that lie under an Impeachment of the commons of England."

The Earl of Danby makes his Escape.] March 25. The lords sent a Message to acquaint the commons, "That they had sent to apprehend the earl of Danby both to his house here in town, and to his house at Wimbleton; and that the gentleman usher of the black rod had returned their lordships Answer, that he could not be found." *

"Though the gentleman usher reported, that the bird was flown, yet the contrary was true; for though his servants denied him, both at his house in town and at Wimbleton, sir John Reresby saw him come out of his closet at midnight, from a consultation with his intimates the 24th, which was the very day the

'Palace of Silver; if she be a door, we will in'close her with Boards of Cedar.' We have several little sisters without breasts, the French protestant churches, the two kingdoms of Ireland and Scotland; the foreign protestants are a wall; the only wall and defence to England; upon it you may build palaces of silver, glorious palaces. The protection of the protestants abroad is the greatest power and security the crown of England can attain to, and which can only help us to give check to the growing greatness of France. Scotland and Ireland are two doors, either to let in good or mischief upon us; they are much weakened by the artifice of our cunning enemies, and we ought to inclose them with boards of cedar.-Popery and slavery, like two sisters, go hand in hand, and sometimes one goes first, sometimes the other; but wheresoever the one enters, the other is always following close at hand.---In England, popery was to have brought in slavery; in Scotland, slavery went before, and popery was to follow.-I do not think your lordships, or the parliament, have jurisdiction there. It is a noble and ancient kingdom; they have an illustrious nobility, a gallant gentry, a learned clergy, and an understanding, worthy people: but yet, we cannot think of England as we ought, without reflecting on the condition they are in. They are under the same prince, and the influence of the same favourites and councils; when they are hardly dealt with, can we that are richer expect better usage? for it is certain that in all absolute governments, the poorest countries are always most favourably dealt with.-When the an

lords made the order for his commitment; and when he did disappear, it was only to take sanctuary at Whitehall," Ralph.

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