enquire as well who have had manors, as letters and money.

Col. Birch. We say in the country, that if a man intends to pay well, when he borrows money, he gives a bill, or a bond, or any thing else. Is mighty glad to find this debate. Thinks we are not in a capacity to give money to build these ships, unless this Test be done. He finds no reason in the world against it, therefore would direct the committee in it.

Sir Edm. Jennings would have every man declare what he has by offices, or any other way, and refund. The king has had much money of his, and if he has any of the king's, shall willingly refund it.

Sir Henry Puckering. What does that look like? Impeaching. Perhaps you may find half the house concerned in the giving motion. This neither becomes your prudence nor gratitude: these little things, to rip up into little offices! The king is a liberal prince, who rewards services.

Sir Henry Capel is sorry to differ from him, having served the crown: but is there any thing so dear in the world as the honour of this parliament? Wonders, when things are so spoken of abroad: moves, of all things in the world, to put this question.

Sir John Hotham differs from Jennings. Yourself, Mr. Speaker, have had good things from the king, and have deserved them. The labourer is worthy of his hire; and he would not have the question of refunding.

Mr. Sec. Coventry. He that has betrayed his trust, and his honour, in taking money, will be so wise as to deny it, for his honour. | Sir Wm. Coventry. As you put the question, Mr. Speaker, it is taken for granted that the house has swallowed it. But he would have the Test, for members to purge themselves from having received.

Col. Titus supposes it is the intention of the enquiry, That if any man, &c.' upon report that several members were corrupted. The last session you made an Order, and he would do the same thing now.

Sir Tho. Lee. The last session, there was particular complaint of a lawyer.

The paper of the Test the last session was read, and referred to a committee. The committee was instructed to enquire what Members have had Guineas, Promises, Rewards, or Letters, to corrupt their Votes*.

"A suspicion prevailing in the house of commons, that a party could not uniformly and steadily oppose every vote and every motion that leaned to the popular side, and as uniformly and steadily forward and support every motion and vote that was calculated to favour the court, unless they were under some influence, which was inconsistent with their trust, the following Test was introduced and entered in their Books, though it does not appear to have been administered to this day: I A. B. do * protest before God and this house of parliament, that, directly nor indirectly, neither I,

Debate on Letters sent to particular Members in order to secure their Votes.] The house' was informed of certain Letters sent to particular members, to summon them to give their attendance upon the service of this house :

Sir Hen. Goodrick thinks that his family has served the king faithfully, and wonders that he has not received a letter, as well as his neighbours. He thinks himelf slighted in not being thought so well worthy. Would have the secretaries of state inform you, who they sent letters to, and by whose direction.

Mr. Sec. Coventry. The secretaries may reveal or not reveal it, as they have orders from their master. If they are unlawful, ignorance has led them into a fault, for obeying the king's particular command. His ignorance, if so, has betrayed him and his brother secretary. These Letters are not guilty of the inconvenience, mentioned, of making faction. Goodrick would have the committee to know, why not to one man as well as to another? Shall any man ask the king, why not to one man as well as to another? If for any such ill intention, as is mentioned, the style would be accordingly. Is sure from his conscience there' is no reason to imagine surprize by it. A Cambridge scholar was asked, why he wore but one spur? He replied, That if his horse went on one side, he would be hanged if the other side would be left behind.' In case of surprizal, private orders might have gone, not thus publicly sending to gentlemen's houses.

Mr. Sec. Williamson. Neither he nor his brother are ashamed, nor ought to be, of these letters. They came from no ill intention nor distinguishing end. There was a report that the house would not meet; several came to him to know. The king commanded him to

nor any for my use, to my knowledge, have, since the 1st day of Jan. 1672, had, or received any sum or sums of money, by ways of imprest, gift, loan, or otherwise, from the king's majesty, or any other person, by his majesty's order, direction or knowledge, or by authority derived from his said majesty, or any pardon, discharge or respite of any money due to his said majesty, upon account of any grant, pension, gratuity, or reward, or any promise of any such office, place or command, of or from his majesty, or out of any money, treasure or estate of or belonging to his majesty, or of, from, or by, any foreign embassador or minister, or of, or from, or by any appointment, or with the knowledge of his majesty, or any of them, otherwise than what I have now in writing faithfully discovered, and delivered to this house, which I have subscribed with my name; neither do I know of any such gift, grant, or promise so given or made since the said time to any other member of this house, but what I have also inserted in the said writings; nor have I given my Vote in parlia ment for any reward or promise whatever. So help me GoD.'" Ralph.

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 horse and one spur spoken of, if the literate and illiterate had been upon one horse, they would have come together.

Col. Birch. It is absolutely necessary to sit here on an equal foot. Never knew any thing of this nature not gone to the bottom of, 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.

Sir Wm. Coventry thinks there is a difference in the nature of the Letters, by the authority of the king, and that of the secretaries. There is a difference betwixt a private man's letter to a judge, and a privy seal or great seal sent him about a cause. Thinks these Letters strange and unequal. The ancient way was to give such notifications by proclamation. When parliaments have been assembled, and not many members come up, and not full, they have adjourned for some time. But if any man was declared governor of a town, or a captain, these employments were a dispensato 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 Letters, 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

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 hither 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. Germain, who forced one Mr. Luzancy (in company with an English jesuit, who spoke broken French,) a minister of the French Church, with a 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. *

*"About this time, an accident happened, which not only renewed the cry against Popery, but raised it louder than ever. One Luzancy, who from a French Jesuit became a convert to the Church of England, preaching in the French Church in the Savoy, took occasion to inveigh with great bitterness against the errors of the Church of Rome; and afterwards printed his sermon. This alarmed the Papists, and particularly one Dr. Burnet, otherwise called Father St. Germain, a Jesuit and confessor to the duchess of York, who finding him alone in his chamber, and having posted three men at his door, threatened to murder him if he did not make satisfaction for 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, in several conferences with him, had attested, that the king was a Roman Catholic in his heart, that the court was endeavouring to get a Liberty of Conscience for the Roman Catholics; and, that granted, in two years, most of the English would acknowledge the Pope; that he knew the king's intention concerning reli

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. Harlord. 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 ubieumque 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 doue 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 renounce 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. Ou

gion, and that he was sure his majesty would 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

Sir Tho. Clarges. For. ought he perceives, here is a failure of justice. Would know whether 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

clared such threats to have been used towards 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 2001. 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.

ther 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.'

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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 uone 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.

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

:

Sir Rob. Curr. 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 hy burgage tenure, borough-houses: we come now to freemen, and

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 election be made.

Tho. Mcres. 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 indifferently 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, or 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 51. 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 entertaininent, 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. Sucheverell. 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 sherif 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

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