Mr. Garroway. I think, a Vote in this case will not do your business, nor answer your end. Therefore I am for a Bill.

Mr. Hampden. I am now for a Bill, but I would have a vote first, and thus far a vote will be obligatory to men of worth and honour: If any man will say that he is not obliged by that vote, let him. Pass such a vote first, That during parliament we may have no Places nor Pensions to the scandal of the house.' Sir Wm. Jones. I like both the questions, both for a Vote, and a Bill, but I am sorry that you have no means to bring things to light about the Pensioners. Mr. Bertie is gone abroad, and I am afraid will not return till this parliament be up. When men do not act for such Places, in time the world will be undeceived, and let that pass. Places of Profit' will be a word too general in your question; they may have places in corporations; but I would add to the vote, Not to exclude your Members from the magistracy, as lord mayor or sheriff of London, &c. It may be convenient to have them members of parliament. I would have them only excluded Offices from court, and Places from his majesty.

Col. Titus. Suppose his majesty should have occasion to send ambassadors, or admirals, it may be those are the ablest men for it. Suppose we should have a war, will you not let your members fight for you? The way to hinder a thing, is to clog it. Therefore pray pass the vote as it is moved.

Sir Tho. Lee. I had an office conferred upon me in parliament (commissioner-admiral), and got out of it out of parliament: my country habitation was of more satisfaction to me. No man knows what a man will be, but himself. I think you may leave out the words, Without leave of the house. You will have no advantage by it.

Sir Fr. Winnington. What I moved this day, was not to vindicate the reputation of your members, but to prevent reflections without. I believe the people will be satisfied with any of your members having Places whom the

house thinks well of.

Mr. Henry Booth. Sir; without doubt the last parliament had great matters in agitation, and the enquiry they made about the Pensioners of the preceding parliament was no small one, but rather one of the chief things they had in hand; for had they been permitted to have perfected that, it had been a good recompence for the disappointment which the nation sustained in their other expectations, By the sudden prorogation: and without all question, nothing is fitter for the thoughts of a parliament, than to take into consideration how to punish them that had proved the best, and had almost (if not altogether) ruined the nation; and how to prevent the like mischief for the future. The name of a Pensioner is very distasteful to every English spirit; and all those who were Pensioners I think are sufficiently despised by their countrymen and therefore I will mention only two or three things

that will lie at their doors, before I offer my advice what is to be done. Breach of trust is accounted the most infamous thing in the world, and this these men were guilty of to the highest degree; robbery and stealing our law punishes with death, and what deserve they who beggar and take away all that the nation has, under the pretence of disposing of the people's money for the honour and good of the king and kingdom? And if there were nothing more than this to be said, without doubt they deserve a high censure.-Besides the giving away such vast sums, without any colour or reasonable pretence; there is this great mischief will follow upon it every man very well knows that it has put the king into an extraordinary way of expence: and therefore when he has not such great Supplies, it must of necessity bring the king into great want and need: and shall not only give him an ill opinion of all parliaments, that do not supply him so extravagantly, but perhaps put him to think of ways to get Money that otherwise would never have entered into his thoughts; so that whatever ill may happen of this sort, these Pensions are answerable for it.-Farthermore, they have laid us open to all our enemies; whoever will invade, may not doubt to subdue us for they have taken from us the sinews of war, that is Money and Courage; all our money is gone, and they have exhausted the treasure of the nation, and when people are poor, their spirits are low, so that we are left without a defence; and who must we thank for bringing us into this despicable condition, but these gentlemen, who notwithstanding this had the face to stile themselves the king's friends, and all those who opposed their practices were factious and seditious. They had brought it to that pass, that debates could not be free; if a gentleman's tongue happen to lie a little awry in his mouth, presently he must be called to the bar; or if that would not do, whensoever any gentleman that had a true English spirit happened to say any thing that was bold, presently away to seek the king and tell him of it; and oftentimes more than the truth and thus they endeavoured to beget an ill opinion in the king of his best subjects: and their practice was the more abominable, because their words and actions gave the occasion to force those smart expressions from the gentlemen that spoke them; for their honest hearts were fired with true zeal to their king and country, when they beheld the impudence and falseness of those Pensioners.-It is true we find that in or about the 10th of R. ii. it was endeavoured to get a corrupt parliament; for our English story says, that the king sent for the justices and sheriffs, and enjoined them to do their best, that none should be chosen knights and burgesses, but such as the king and his council should name; but we find it could not be effected.-The next that occurs to my thoughts is that in the 4th of Hen. iv. the parliament that was called at Coventry, named the Lay-Men's Parliament; for the sheriffs were appointed that none should

:

orbitant, that they will not endure to be scanned by a parliament: and therefore to save themselves, they persuade the king to keep off the parliament, though it be to his great hurt : for the last Trump at the Day of Judgment will not be more terrible to the world, than the sound of an approaching parliament is to unjust ministers and favourites.-That state is sick of a grievous distemper, when kings neglect their parliaments, and adhere to favourites, and certainly that woe is then fallen upon the nation, which Solomon denounces; for says he, Woe to that nation whose king is a child;' and without question he meant a child in understanding, and not in years. We have had in England kings who when they were children, by the help of a wise council, have governed very well: but after that they took matters into their own hands, it went very ill with Eugland; as Rd. ii. Hen. vi. who whilst they were children, the government was steered aright; but their understanding not growing as fast as their years, they assumed the government before they were ready for it; and so managed matters, that it is better not to nanie them, than to reckon them in the catalogue of the kings. And there is yet another reason why great favourites should advise against parliaments: kings that dote too much upon their favourites, do for the most part pick up mean men, people of no fortunes or estates, upon whom it is that they place their favour to so high a degree: and therefore it is for their intercst to advise the king to govern by an Army, for if he prevails, then they are sure to have what heart can wish; or if be fail, yet they are but where they were, they had nothing, and they can lose nothing.There is no man but very plainly sees, that there are people about bis maj. who advise him to shake off the fetters of the laws, and to govern arbitrarily; and I wish that their advice has not prevailed for the most part; yet I think his majesty's own inclinations do not bend that way, for he seems to love quiet and ease, which no prince can have that rules by an Army: therefore, before we can expect that his maj, will come in to us, these people of arbitrary principles must be removed from his throne: for, whilst there are the same advisers, we must expect the same advice; whilst there are the same counsellors, we must expect the same results: and this alone will not do it, it is but the first step to our happiness; the principles or maxims of state must be removed, it is not taking away this or the other man, and putting in another to act by the same rules, that will cure our disease; but it is the change of principles that must do it.-You may remember in the last parliament the change that was made in the Privy Council, and Ministers, aud upon the first news of it, I met with a gentleman that had a great service for White-Hall; says he, 'I hope now you are pleased, what can you expect more from his majesty? I replied, I like it well; yet not so very well; for, said I, all is well that ends well, for all is not gold that

liaments have been delayed, and there is but a little between delaying and denying, and the first step to a denial is to delay: every man knows the great need we have had of a parliament these seventeen months, and why it has not met till now it is very well known how earnestly it was desired by all good Protestants and true Englishmen, and what applications have been made to his majesty that it might sit; and it could not be obtained till now: and it is not to be forgotten how often it has been prorogued, and the notice that has been given to the nation of the several prorogations; the first time that we have heard of them was by the Gazette, in which is seldom any thing of truth, and then out comes a proclamation for a prorogation about a day or two before the day of meeting when gentlemen have disposed their affairs that they may attend at the parliament, and possibly were on their journey towards London, upon the road they meet the news of the prorogation, (very good usage!) and there is nothing to be said in justification of such short notice, but that when his majesty by his proclamation had appointed a farther time for the meeting of the parliament, that in plain English no man must believe it would meet for if gentlemen did believe it, they would prepare for it; and if they are prepared, it is but reasonable that sufficient notice should be given to prevent them: certainly they who advised the king in this matter, intended that none of his majesty's proclamations should have any credit: for his majesty put out several proclamations against Papists, and we see how they are regarded, not the least obedience yielded to them: and this giving of such short notice, was certainly done on purpose that those proclamations should neither be obeyed nor believed. Thus is the king abused, thus does he lose the hearts of the people, and thus is the nation abused: what will become of us when we cannot believe what his majesty says. Out of parliament the king cannot speak to his people in a more notable way than by proclamation, and as the matter is ordered, these are not regarded in a subject nothing is more infamous, than to say of him, that his word is not to be relied on, he does not regard what he says: and therefore what villains are they, who by their advice, do bring the king but into the suspicion of it. This delaying of parliaments seems to portend the laying of parliaments aside; and if so, an army will follow for the king must govern either by a parliament or an army, for one of them he must have; now the way to get rid of parliaments is this: first, although they meet sometimes, yet something must be started to hinder their success; or if that won't do, prorogue or dissolve them before any thing be finished: and thus parliaments will be made useless; and this being done, it will not be long before they become burdensome, and then away with them for good and all.-Kings only then grow out of conceit with parliaments, when their favourites are so overgrown, and their actions are so ex

:

:

glitters: I am not sure, that these men that are put out, have not left their principles behind them; when those are gone, I shall like it very well.' The man was angry, and flung away, saying, you are hard to please; and says I, you are easy, and so we parted.—And I pray you, how much wool have we had after all this cry, what benefit have we reaped by that change? Do not we see, that unless they would act by the maxims of their predecessors, they must do nothing; and therefore several did desire leave to go off? Some of those worthy lords and gentlemen that did so are now in my eye, and I shall ever honour them for it: I cannot forget the promises made to the parliament at the same time, and how well they have been kept.-Therefore I think it is very plain, that till these principles are removed from White-Hall, that all our labour and pains will end in nothing: the way then as I conceive to do this, is to lay before his maj. the state of the case; let us shew him how unable these men are to serve him, and how destructive to his interest it is to follow their advices; and that he can be safe and great only by closing with his parliament.-Would his maj. be safe, alas, what can his creatures do? Just nothing, they have no power, nor have they will farther than it serves for their own advantage but his maj. is safe in his parliament, for it is the interest of every man in England to preserve and defend his majesty's governing by his parliament.-Does he want Money to make him easy? I pray what can be expect from the caterpillars his favourites? Their care is not how to serve him, but to make their own fortunes: but from his parliament he need not want very plentiful supplies, to preserve the honour of himself and the kingdom. Would he maintain his dominions and rights, what can bis creatures do? But when he closes with his parl. he can neither want the heads, hearts, nor purses of his people to serve him so that whatever his maj, would have, it is only to be had by his parliament: for his favourites cannot in the least contribute to make him safe or honourable; or whatever else a king may want or desire: all the use a king can have from his favourites, is to have stories and lies to set him at variance with his people. I hope when the case is laid before his majesty, that he will close with us; but if his judgment is so prepossessed, that it will not convince him of his interest, then we must conclude, that it is with him as it was with Rehoboam, who forsook the council of the old men, and inclined to that of the young men, who counselled him to tell the people that his little finger should be thicker than his father's loins: and I pray what was the effect of that huffing speech? Why ten tribes were taken from him, and it was not his young men that could recover them for him again; neither was it without a parliament that his maj. was brought into England; I hope his maj. has not forgot it.-Let them advise what they will, but I am confident they will think on it a good while, before they will ad

:

venture to put those arbitrary councils into execution; it will prove a hot matter to handle: for though I hope no man here will lift up his hand against his majesty, yet we may oppose any man that does seek to invade our properties and for my own part, I will pistol any subject, be he the greatest in England, that shall endeavour to deprive me of my just right: let us do what we can to effect an union between the king and his people, and leave the success to God Almighty, and his will be done.

Articles of Impeachment against Lord Chief Justice Scroggs.] Jan. 5, 1680-1. Sir Rd. Corbet reported the Articles appointed to be drawn up against sir Wm. Scroggs, lord chief justice of the king's-bench, which were as follows:

ARTICLES of IMPEACHMENT of High-Treason and other great Crimes and Misdemeanors against sir Wm. Scroggs, Chief Justice of the Court of King'sBench, by the Commons in Parliament assembled, in their own name, and in the name of all the Commons of England.

I. "That he the said sir Win. Scroggs, being then Chief Justice of the Court of King's Bench, hath traitorously and wickedly endeavoured to subvert the fundamental laws, and the established Religion and government of this kingdom; and, instead thereof, to introduce Popery, and an arbitrary and tyrannical government against law: which he hath declared by divers traitorous and wicked words; opinions, judgments, practices, and actions.II. That the said sir Wm. Scroggs, in Trinityterm last, being then Chief Justice of the said Court, and having taken an oath duly to administer justice, according to the laws and statutes of this realm; in pursuance of his said traitorous purposes, did, together with the rest of the said justices of the said court, several days before the end of the said term, in an arbitrary manner discharge the Grand Jury, which then served for the hundred of Oswaldston, in the county of Middlesex, before they had made their presentments, or had found several bills of indictment which were then before them; whereof the said sir Wm. Scroggs was then fully informed, and that the same would be tendered to the court upon the last day of the said term; which day then was, and, by the known course of the said court, hath always heretofore been given unto the said jury, for the delivering in of their Bills and Presentments: by which sudden and illegal discharge of the said jury, the course of justice was stopped maliciously and designedly, the presentments of many papists and other offenders were obstructed, and in particular a bill of indictment against James duke of York, for absenting himself from church, which was then before them, was prevented from being proceeded upon.-III. That whereas one Henry Carr had, for some time before, published every week a certain Book, intituled,

The Weekly Pacquet of Advice from Rome; or, The History of Popery;' wherein the superstitions and cheats of the Church of Rome were from time to time exposed; he the said sir Win. Scroggs, then Chief Justice of the Court of King's-Bench, together with the other judges of the said court, before any legal conviction of the said Carr of any crime, did, in the same Trinity-Term, in a most illegal and arbitrary manner, make, and cause to be entered a certain Rule of that court, against the printing of the said book, in hæc verba: Dies Mercurii proxime post tres septimanas sanctæ Trinitatis, Anno 32 Car. ii. Regis. Ordinatum est quod liber intitulat, The Weekly 'Packet of Advice from Rome; or, the History of Popery,' non ulterius imprimatur vel publicetur per aliquam personam quamcunque. Per Cur.' And did cause the said Carr, and divers printers and other persons, to be served with the same; which said rule and other proceedings were most apparently contrary to all justice, in condemning not only what had been written, without hearing the parties, but also all that might for the future be written on that subject; a manifest countenancing of Popery, and discouragement of Protestants, and open invasion upon the right of the subject, and an encroaching and assuming to themselves a legislative power and authority.-IV. That the said sir Wm. Scroggs, since he was made Chief Justice of the King's Bench, hath, together with the other judges of the said court, most notoriously departed from all rules of justice and equality, in the imposition of Fines upon persons convicted of misdemeanors in the said court; and particularly in the term of Easter last past, did openly declare in the said court, in the case of one Jessop, who was convicted of publishing false news, and was then to be fined, that he would have regard to persons and their principles in imposing of Fines, and would set a fine of 500l. on one person for the same offence, for the which he would not fine another 100l. And according to bis said unjust and arbitrary declaration, he the said sir Wm. Scroggs, together with the said other justices, did then impose a Fine of 100%. upon the said Jessop; although the said Jessop had, before that time, proved one Hewit to be convicted as author of the said false news. And afterwards in the same term did ine the said Hewit, upon bis said conviction, only 5 marks. Nor hath the said sir Wm. Scroggs, together with the other judges of the said court, had any regard to the nature of the offences, or the ability of the persons, in the imposing of Fines; but have been manifestly partial and favourable to Papists, and persons affected to, and promoting the popish interest, in this time of imminent danger from them and at the same time have most severely and grievously oppressed his majesty's protestant subjects, as will appear upon view of the several Records of Fines, set in the said court; by which arbitrary, unjust, and partial proceedings, many of his majesty's liege

:

people have been ruined, and Popery countenanced under colour of justice; and all the mischiefs and excesses of the court of StarChamber, by act of parliament suppressed, have been again, in direct opposition to the said law, introduced.-V. That he, the said sir Wm. Scroggs, for the farther accomplishing of his said traitorous and wicked purposes, and designing to subject the persons, as well as the estates of his majesty's liege people, to his lawless will and pleasure, hath frequently refused to accept of Bail, though the same were sufficient, and legally tendered to him by many persous accused before him only of such crimes, for which by law bail ought to have been taken; and divers of the said persons being only accused of offences against himself; declaring at the same time, that he refused Bail, and committed them to goal, only to put them to charges; and using such furious threats as were to the terror of his majesty's subjects, and such scandalous expressions as were a dishonour to the government, and to the dignity of his office. And particularly, that he, the said sir W. Scroggs, did, in 1679, commit and detain in prison, in such unlawful manner, among others, Henry Carr, G. Broome, Edw. Berry, Benj. Harris, Fr. Smith, sen. Fr. Smith, jun. and Jane Curtis, citizens of London: which proceedings of the said sir W. Scroggs are a high breach of the liberty of the subject, destructive to the fundamental laws of this realm, contrary to the Petition of Right, and other statutes, and do manifestly tend to the introducing of arbitrary power.-VI. That the said sir W. Scroggs, in farther oppression of his majesty's liege people, hath, since his being made Chief Justice of the said Court of King's Bench, in an arbitrary manner granted divers General Warrants for attaching the persons, and seizing the goods of his majesty's subjects, not named or described particularly in the said warrants; by means whereof many of his majesty's subjects have been vexed, their houses entered into, and they themselves grievously oppressed contrary to law.-VII. Whereas there hath been a horrid and damnable Plot contrived and carried on by the Papists, for the murthering the king, the subversion of the laws and government of this kingdom, and for the destruction of the Protestant Religion in the same; all which the said sir W. Scroggs well knew, having himself not only tried, but given judgment against several of the offenders; nevertheless, the said sir W. Scroggs did, at divers times and places, as well sitting in court as otherwise, openly defame and scandalize several of the witnesses, who had proved the said treasons against divers of the conspirators, and had given evidence against divers other persons, who were then untried, and did endeavour to disparage their evidence, and take off their credit. Whereby, as much as in him lay, he did traiterously and wickedly suppress and stifle the discovery of the said Popish Plot, and encourage the conspirators to proceed in