have well done, Mr. Speaker, in taking notice of the great esteem the king hath of the memory of the last parliament. He takes all occasions himself to do it; and it deserved it at his hands: but, as the wisest father takes joy in the hopes his heir will be wiser than he, and the greatest monarch in the hopes that his successor will be greater than he; and if the souls departed feel any joy upon what is done in this world, it is in the case of such an heir, such a successor; so, you may be confident, the ghost of the deceased parliament will be much delighted, much exalted, to see your actions excel theirs, and your fame exceed theirs. It was a blessed parliament; but there are other and greater blessings reserved for you. They began many things which you may have the happiness to finish; they had not time, nor opportunity, to begin many things which you may have the honour to begin and finish. They invited his majesty home, restored him to his throne, and monarchy to the nation. It will be your glory so to establish him in his power and greatness, so as to annex monarchy to the nation, that he and his posterity shall be never again forced to be abroad, that they be invited home, nor in danger to be restored; so to rivet monarchy to the hearts, and to the understandings of all men, that no man may ever presume to conspire against it. Let it not suffice that we have our king again, and our laws again, and parliaments again; but let us so provide, that neither king, nor laws, nor parliament, may be so used again. Let not our monarchy be undermined by a Fifth Monarchy, nor men suffered to have the protection of a government they profess to hate. Root out all anti-monarchical principles; at least, let not the same stratagems prevail against us. Let us remember how we were deceived; and let not the same artifices over-reach us again. Let kiug, and church, and country, receive more and greater advantages, by the wisdom and industry of this parliament. Let trade abroad and at home be encouraged and enlarged, all vices and excesses be restrained and abolished, by new laws and provisions; let profitable arts and industry find so great encouragement, that all thriving inventions may be brought from all parts of the world to enrich this kingdom, and that the inventors may grow rich in this kingdom. And upon this argument of encouraging industry, I bave a command from the king, to recommend to you the encouragement or preservation of a great work of industry, in which the honour and interest of the nation is more concerned than in any work this age hath brought out, it may be in any nation; and that is, all the Drainings in England, which have given us new countries upon our own continent, and brought an inestimable benefit to the king and people, by an act of creation making earth, and mending air by wit and industry. Let no waywardness in particular persons, or consideration of private and particular advantage, give disturbance to works of so public a nature, much less destroy such works; but provide out of hand for the upholding and supporting them by some good law, in which due care may be taken for all particular interests, when the public is out of danger.-I have but one desire more, Mr. Speaker, to make to you from the king, to which the season of the year, as well as your inclinations to gratify him, will dispose you; and that is, that you will use such expedition in your councils of most importance, that the rest may be left to a recess in the winter, after an adjournment; that his majesty may have a time to bestow himself upon his subjects in a Progress, which he would be glad to begin before the end of July. I have leave to tell you the Progress he intends; that he desires again to see his good city of Worcester, and to thank God for his deliverance there, and to thank God even in those cottages, and barus, and haylofts, in which he was sheltered, and feasted, and preserved; and in the close of that progress he hopes he shall find his queen in his arms, and so return to meet you here in the beginning of winter.-Mr. Speaker, All your Petitions are very grateful to the king. You and your servants, in your persons and estates, are free from all arrests or molestations. Your liberty and freedom of speech is very willingly granted to you. When you would repair to his majesty, you shall be wel come. And his majesty will be so far from jealousy of your actions, that he believes it is impossible for him to be jealous of you, or you of him; and, if you please, he will make it penal to nourish that unwholesome weed in any part of the kingdom." The Thanks of both Houses given to his Majesty. These ceremonies being over, the Parliament proceeded to the great affairs of the kingdom; and within three days both houses came to a Vote and Resolution concerning the King's intended Marriage, and accordingly attended his majesty at Whitehall with their humble Acknowledgment and Thanks "for the free and gracious communication of his resolution to marry with the infanta of Portugal; which they conceived to be of so high a concernment to this nation, that they received it with great joy and satisfaction, and did with all earnestness beg a blessing upon, and a speedy accomplishment of it; and they could not but express their own unanimous Resolutions, which they were confident would have a general influence upon the hearts of all his subjects: that they should upon all occasions be ready to assist his majesty in the pursuance of these his intentions against all oppositions whatsoever." To which the King returned his particular thanks, declaring, "That he did, in the matter of the intended Marriage, as much study their good, as his own." The Commons oblige themselves to take the Sacrament, and order the Solemn League and Covenant to be burnt.] While this was transacting, the commons, first, ordered all their Members to take the Sacrament according to the prescribed Liturgy, on pain of expulsion; and then, in conjunction with the lords, on the 20th of May, ordered that the instrument of writing, that had caused so much mischief, called,The solemn League and Covenant,' should be burnt by the hand of the common hangman, in the Palace-Yard at Westminster, in Cheapside, and before the Old-Exchange, on the 22d of May; and be forthwith take off the Record in the house of Peers, and all other courts and places where the same is recorded; and that all copies thereof be taken down out of all churches, chapels, and all other public places in England and Wales.-On the 28th they likewise ordered, the Act for erecting a High Court of Justice for Trying and Judging Charles Stuart, the Act for Subscribing the Engagement against a king and house of Peers; the Act for declaring the people of England to be a Commonwealth and FreeState; the Act for Renouncing the Title of Charles Stuart, and also the Act for the Security of the Lord Protector's Person, to be burnt by the hands of the common hangman, in the inidst of Westminster-Hall, while the courts were sitting. The King's Letter for confirming the Act of Indemnity. June 22. Mr. Secretary Morrice delivered to the Speaker a Letter from his majesty which was read as follows: Trusty and well beloved, we greet you well: At the opening our parliament you were told, That we had a great desire this summer to make a Progress through some parts of our kingdom, which we resolve to begin in devotion to our city of Worcester, that we may pour out our thanks to God for our deliverance there: and the season of the year quickens us in that inclination, as we presume it disposes you to a desire to withdraw from this city, and to visit your countries. But you may remember we told you then, That we had caused some Bills to be prepared for you, for confirmation of what we enacted in our last meeting; and we said all we could to you of the value we set upon the Act of Indemnity (as we have great reason to do) and if we could have used stronger expressions to have conjured you speedily to have dispatched it, we assure you we would have done it. And we did think what we said would have made an impression on all who profess a desire to serve us; and therefore we expected every day, that the same Bill would have been presented to us for another assent. We must confess, we hear you have shewed great affection to us, since your coming together, and that you have already prepared and passed some very good bills (for which we heartily thank you) that are ready for the royal assent: yet we cannot but tell you, That though we are enough concerned to expedite those Bills, we have no mind to pass them till the Act of Indemnity be likewise presented to us, upon which, if you take our word, most of our quiet and good depends, and in which we are sure our honour is concerned. VOL. IV. Therefore we must again, and as earnestly as is possible, conjure you to use all possible expedition in passing that Act in the same terms we already passed it (to which we take ourself obliged) and that you will for the present lay aside all private business, that so betaking yourselves only to the public, you may be ready to adjourn by the middle of the next month, which will best suit with all our occasions." The Act of Oblivion passed.] This Letter did not fail of being received with due respect, and the house resolved to bring in a Bill accordingly; but, as a new instance of their loyalty and duty, proceeded, first, to settle the Revenue on such a footing as might more effectually maintain the splendor and grandeur of the kingly office. Accordingly, this capital point was referred to the consideration of a committee, of which sir Philip Warwick was chairman; who reported, "That on a thorough examination, there was a deficiency of full 265,000/. on the different funds, already appointed to answer that end upon which it was ordered, That forthwith be provided a plentiful Supply for his majesty's present unavoidable great occasions, as well as a Settlement of a constant, and standing Revenue:" and accordingly, a Bill was brought in, To enable his majesty to send out commissions to receive the free and voluntary Contributions of his people, towards the present supply of his majesty's affairs, &c.' The Speaker's Speech to the King on presenting the Act of Oblivion.] July 8. The commons having completed the above bill, and the bill for Confirmation of the Act of Oblivion and Indemnity, this day the king came to the house of peers, where being seated on his throne, the Speaker of the house of commons spoke thus to his majesty : "May it please your most excellent majesty; The writ of summons, whereby your majesty was pleased to call together the knights, citizens, and burgesses, of the commons house of parliament, gave us to understand, "That your majesty had divers weighty and urgent matters to communicate to us; such as did concern your royal person, your state and dignity, the defence of the kingdom, and the church of England;" and in the same method propounded to us by your majesty, we have applied ourselves to offer you our best counsel and advice. We found your majesty miraculously preserved, by the hand of God, from the hands of your enemies; we found you peaceably seated in the throne of your ancestors; we found the hereditary imperial crown of these nations auspiciously set upon your royal head: and all this after a sharp and a bloody Civil War.-We held it our duties, in the first place, to endeavour the Safety and Preservation of your majesty's Person and Government; and to that purpose have prepared a Bill.-Next to the safety of your majesty, we took into consideration the state and power that is necessary for so great a prince ; P Henry VII. or Henry VIII. desired new and great Aids and heavy Subsidies from your people for your supplies.-No, sir; you have been so far from asking, that part of the Money which was given you last parliament for your household provision, you have issued out towards payment of our debts; you have robbed your own table (I had almost said given the meat out of your own belly), to feed the hungry seamen.-Dear sir, these things have a just influence upon the people; they fill our hearts with joy and affection to your majesty. I do not pretend much to physiog nomy: but, if I mistake not greatly, the faces of the people do promise great frankness and chearfulness in your present supplies. What would not your majesty's friends have given, within these 18 months, to have seen your majesty thus happily settled? And what can be too much for those to return, who have received all they enjoy from your majesty's mercy? Great sir, To conclude this solemn service the commons of England do, by me their servant, humbly present you with this Bill, intituled, An Act for a free and voluntary Present,' and wish it a success answerable to your royal heart's desire." : and do hope ere long to settle your Militia so, that, by the blessing of God, you need not fear storms from abroad, or earthquakes here at home. Your majesty was pleased, at the opening of the parliament, to recommend unto us two Bills; one, for confirming of public acts; another, for the private acts that passed the last parliament. They were so many in number, and great in weight, that hitherto we could not consider of them all: but some we have perused; the Act for Confirmation of Judicial Proceedings; for taking away the Court of Wards and Liveries, and Purveyances; and also all those that do relate to your majesty's Customs and Excise.-And, that we might with some chearfulness see your majesty's face, we have brought our brother Benjamin with us? I mean, your Act of Oblivion; I take the boldness to call it Yours, for so it is by many titles; your majesty first conceived it at Breda; you helped to contrive and form it here in England; and, we must all bear you witness, you laboured and travailed till it was brought forth and since it had a being, some question being made of its legitimation, your royal heart is not at case until it be confirmed. And now, sir, give me leave to say, by the suffrage of a full, a free, and legal parliament, it is presented to your majesty to be naturalized. Your majesty's desires are fully answered by all the representatives of the people and their hearty prayer to God is, that all your subjects may be truly thankful to you; and that your majesty may long live to enjoy the fruits of this unparalleled mercy. Your majesty was pleased to intimate to us on Saturday last, That you so valued the quiet and satisfaction of your people, and the keeping of your royal word with them, that, although divers other Bills were made ready for you, you would vouchsafe the bonour to this Bill alone, your favourite, to come and pass it.' Sir, hereby you have made this a great holiday; and we shall observe it with joy and thanksgiving. Upon such solemn festivals, there useth to be a second service, an anthem, and a collect, or at least an offering. My anthem shall be, Quid tibi retribuam, Domine? And my collect, a short report of your Revenue. We know, great sir, that money is both the sinews of war, and bond of peace. We have, therefore, taken care of your majesty's Revenue; and do desire to make it in some good proportion suitable both to your grandeur and your merit.We do believe, the state of our king is the honour of our state; and the best way to preserve our peace, is to be well provided for war. Our time hath not permitted us to finish this work: but, as an earnest of our good affections, we desire your majesty to accept an of fering from us. We cannot enough admire your majesty's patience, providence, and frugality abroad. You did not bring home a debt for us to pay, great as a prince's ransom. And since your return, you have not, with king Edw. III. after his wars in France, or Henry IV. The King's Speech on passing the Act of Oblivion.] After passing the above two Bills, his majesty spoke as follows: 66 My Lords and Gentlemen; It is a good time since I heard of your passing this Bill for Money; and I am sure you would have presented it to me sooner, if you had thought I had desired it: but the truth is, though I have need enough of it, I had no mind to receive it from you, till I might at the same time give my assent to this other very good Bill that accompanies it, for which I longed very impatiently. I thank you for both with all my heart; and though there are other good_bills ready, with which you will easily believe I am very well pleased, and in which I am indeed enough concerned, yet I chuse rather to pass these two bills together, and to pass them by themselves without any other, that you may all see, and in you the whole kingdom, that I am at least equally concerned for you and them, as for myself: and in truth it will be want of judgment in me, if I ever desire any thing for myself, that is not equally good for you and them. I am confident, you all believe that my well-being is of some use and benefit to you; and I am sure your well-being, and being well-pleased, is the greatest comfort and blessing I can receive in this world.—I hope you will be ready within a few days to dispatch those other Public Bills which are still depending before you, that I may come hither and pass all together, and then adjourn till winter, when what remains may be provided for: and I would be very glad that you would be ready by the 20th of this month, or thereabouts, for the adjournment: which methinks you might easily be, if you suspended all private business til the recess. The last parliament, by God's blessing, laid the foundation of the happiness we all enjoy; and therefore I thought it but justice to the memory of it, to send you Bills for the confirmation of what was enacted then; and I cannot doubt but you will dispatch what remains of that kind with all convenient speed, and that you will think, that what was then thought necessary or fit for the public peace to be enacted, ought not to be shaken now, or any good man less secure of what he possesses, than he was when you came together. It is to put myself in mind as well as you, that I so often (I think as often as I come to you) mention to you my Declaration from Breda: and let me put you in mind of another Declaration, published by yourselves about the same time, and which, I am persuaded, made mine the more effectual; an honest, generous, and Christian Declaration, signed by the most emineat persons, who had been the most emine..t sufferers, in which you renounced all former animosities, all memory of former unkindnesses, vowed all imaginable good-will to, and all confidence in, each other." My Lords and Gentlemen; Let it be in no man's power to charge me or you with breach of our word or promise, which can never be a good ingredient to our future security. Let us look forward, and not backward; and never think of what is past, except inen put us in mind of it, by repeating faults we had forgot; and then let us remember no more than what concerns those very persons.-God hath wrought a wonderful miracle in settling us as he hath done. I pray let us do all we can to get the reputation at home and abroad of being weli settled. We have enemies and enviers enough, who labour to have it thought otherwise; and if we would indeed have our enemies fear us, and our neighbours love and respect us, and fear us enough to love us, let us take all the ways we can, that, as the world cannot but take notice of your extraordinary affection to me, and of the comfort I take in that affection, so that it may likewise take notice of your af fection to and confidence in each other; which will disappoint all designs against the public peace, and fully establish our joint security." Protest against the Bill to vacate sir E. Powell's Fines.] July 17. An Act for making void divers Fines unduely procured to be levied by sir Edw. Powell, and dame Mary his wife: The question being put, whether this bill with the proviso shall pass for a law? It was resolved in the affirmative. Upon which the following Protest was entered on the Journals: "Whereas before the question was put for passing the said bill, leave was desired for entering protestations of divers lords, in case the vote should be carried for passing the said bill; we whose names are underwritten do protest against the said bill for these reasons following; 1. That Fines are the foundations upon which most titles of this realm do depend, and therefore ought not to be shaken, for the great inconvenience that is likely to follow thereupon. 2. Such proceeding is contrary to the statute of 25 Edw. 1, now in force, which saith, Foras 6 much as fines levied in our court ought and do make an end of all matters; and therefore principally are called fines.' 3. And to another statute inade in the 5th Edw. 3, where it is enacted, That no man shall be forejudged of lands or tenements, goods or chattels, contrary to the term of the great charter. 4. And to another statute made in the 28th Edw. 3, where it is enacted, That no man, of what estate or condition that he he, shall be put out of land or tenement, nor disherited, without being brought in to answer by due process of law. 5. This proceeding by bill, as we conceive, is contrary to a statute made in the 4th of Hen. 4, wherein it is declared, That in pleas real and personal, after judgment given in the courts of our lord the king, the parties be made. to come in upon grievous pains, sometimes before the king himself, sometimes before the king's council, and sometimes to the parliament, to answer thereof anew, to the great impoverishing of the parties, aud in the subversion of the common law; it is ordained, that after judgment given in the courts of our lord the king, the parties and their heirs shall be thereof in peace until the judgment be undone by attaint or by error, if there be errors, as hath been used by the laws in the times of the king's progenitors. 6. The proceedings upon this bill have been, as we conceive, directly against the statutes aforesaid, by calling persons to answer of judgments anew, given in the common pleas, and vacating the same without either attaint or error, and calling persons to answer without the due and ancient process of law, and forejudging the tenants of the lands in question, without ever hearing of them. 7. For that there hath not occurred to us one precedent wherein any fine hath been vacated by act of parliament without consent of parties, the law looking upon fines as always transacted by consent, and with that reverence, that neither lunacy, ideotism, nor any other averment whatsoever shall be admitted against fines when perfected. 8. We conceive, to vacate assurances by a future law, good by the present law, is unreasonable and of dangerous consequence, both in respect of what such a precedent may produce upon the like pretences, as also rendering men's minds so doubtful, that not only the rude and ignorant, but the learned, may be at a loss how to make or receive a good title. 9. For that it is averred in the said bill, that all the lady Powell's servants were removed; whereas it appeared by depositions in Chancery, that Antonia Christiana, one who had lived with the lady Powell many years, was not removed. 10. That Dr. Goddard a physician, and Foucaut an apothecary, examined in the said cause, did testify they saw no fear in, or force upon, the lady Powell; and bad there been any, we conceive it impossible for a woman to hide the passion of fear from a physician, which is not easily dissembled from a vulgar eye: and Foucaut the apothecary deposed, that he was twice a day with the said lady Powell for one month together immediately preceding her death.-W. Roberts, Campden, Stafford, T. Willoughby, Brecknock, Will. Petre, Montague, Portland, Albemarle, Chr. Hatton." : A Bill passed for restoring Bishops to their Seats in Parliament.] Before the session was concluded, a Bill was passed for the Repeal of that act of parliament, by which the Bishops were excluded from sitting there. "It was first proposed," says lord Clarendon,* "in the commons by a gentleman, who had been always taken to be of a Presbyterian family and in that house it found less opposition than was looked for; all men knowing, that besides the justice of it, and the prudence to wipe out the memory of so infamous an Act, as the Exclusion of them with all the circumstances was known to be, it would be grateful to the king. But when it came into the house of peers, where all men expected it would find a general concurrence, it met with some obstruction; which made a discovery of an intrigue, that had not been suspected. For though there were many lords present, who had industriously laboured the passing the former Bill for the Exclusion, yet they had likewise been guilty of so many other ill things, of which they were ashamed, that it was believed that they would not willingly revive the memory of the whole, by persevering in such an odious particular. Nor in truth did they. But when they saw that it would unavoidably pass (for the number of that party was not considerable), they either gave their consents, as many of them did, or gave their negative without noise. The obstruction came not from thence. The Catholicks less owned the contradiction, nor were guilty of it, though they suffered in it. But the truth is, it proceeded from the mercurial brain of the earl of Bristol, who much affected to be looked upon as the head of the Catholicks; which they did so little desire that he should be thought, that they very rarely concurred with him. He well knew that the king desired (which his majesty never dissembled) to give the Roman Catholicks ease from all the sanguinary laws; and that he did not desire that they should be liable to the other penalties which the law had made them subject to, whilst they should in all other respects behave themselves like good subjects. Nor had they since his majesty's return sustained the least prejudice by their religion, but enjoyed as inuch liberty at court and in the country, as any other men; and with which the wisest of them were abundantly satisfied, and did abhor the. activity of those of their own party, whom they did believe more like to deprive them of the liberty they enjoyed, than to enlarge it to them. -When the earl of Bristol saw this Bill brought into the house for restoring the Bishops to their seats, he went to the king, and informed his "that if this Bill should speedily majesty, pass, it would absolutely deprive the Catholicks * Lord Clarendon's Life, p. 138. : of all those graces and indulgence which he intended to them for that the Bishops, when they should sit in the house, whatever their own opinions or inclinations were, would find themselves obliged, that they might preserve their reputation with the people, to contradict and suppose whatsoever should look like favour or connivance towards the Catholicks: and therefore, if his majesty continued his former gracious inclination towards the Roman Catholicks, he must put some stop (even for the Bishops own sakes) to the passing that Bill, till the other should be more advanced, which he supposed might shortly be done;" there having been already some overtures made to that purpose, and a committee appointed in the house of lords to take a view of all the sanguinary laws in matters of Religion, and to present them to the house that it might consider farther of them. The king, surprised with the discourse from a man who had often told him the necessity of the restoring the Bishops, and that it could not be a perfect parliament without their presence, thought his reason for the delay to have weight in it, and that the delay for a few days could be attended with no prejudice to the matter itself; and thereupon was willing the Bill should not be called for, and that when it should be under commitment, it should be detained there for some time and that he might, the better to produce this delay, tell some of his friends, that the king would be well pleased, that there should not be overmuch haste in the presenting that Bill for his royal assent."-This grew quickly to be taken notice of in the house that after the first reading of that Bill, it had been put off for a second reading longer than was usual when the house was at so much leisure; and that now it was under commitment, it was obstructed there, notwithstanding all the endeavours some lords of the committee could use for the dispatch; the Bill containing very few words, being only for the repeal of a former Act, and the expressions admitting, that is, giving little cause for any debate. The chancellor desired to know how this came to pass, and was informed by one of the lords of the committee, that they were assured that 'the king would have a stop put to it, till another Bill should be provided which his majesty looked for." Hereupon the chancellor spake with his majesty, who told him all the conference which the earl of Bristol had held with him, and what he had consented should be done. To which the other replied, 'that he was sorry that his majesty had been prevailed with to give any obstruction to a Bill, which every body knew his majesty's 'heart was so much set upon for dispatch; ' and that if the reason were known, it would quickly put an end to all the pretences of the Catholicks; to which his majesty knew he was no enemy.' The king presently concluded that the reason was not sufficient, and wished that the Bill might be dispatched as soon as possible, that he might pass it that |