an unlawful assembly. The question will be, Whether, as a parliament, you cannot dissolve yourselves. No question, Whether those laws are in force, or not, can be put; for you read the very question as a parliament.

Sir Harbottle Grimstone, (Master of the Rolls.) If we appear here in either capacity, by the proclamation, or by the king's writ, it does not therefore follow, that because we appear, we are a parliament. [Being called upon to look towards the Chair, when he spoke, he said, He had almost forget the Chair, it was so long since he saw it.'] If by freedom of debate we may obviate doubts, which have troubled worthy and learned men, why should we not? He denies Maynard's logic, That the king's proclamation will justify our assembly,' though we had no more to show for it on the table. This may be a question somewhere else, as well as here, and would remove inoot points and doubts in succeeding parliaments.

question. He hopes you will not give countenance to such libels, that say, we are traitors in meeting, and acting as a parliament'.*

"It is remarkable" says Mr. Marvell, "that shortly after, upon occasion of a discourse among the commons concerning Libels and Pamphlets, first one member of them stood up, and, in the face of their house, said, 'That it was affirmed to him, by a person that might be spoke with, that there were among theni 30, 40, 50, God knows how many, outlawed.' Another thereupon rose, and told them, It was reported too, that there were divers of the members Papists:' a third, That a mul'titude of them were bribed, and Pensioners.' And yet all this was patiently hushed up by their house, and digested, being, it seems, a thing of that nature which there was no reply to."

6

Under the head of BRIBERY, the same Author gives us the following dreadful particulars: "It is too notorious to be concealed, that near a third part of the house have beneficial Offices under his majesty, in the privy council, the army, the navy, the law, the household, the revenue both in England and Ireland, or in attendance on his majesty's person. These are all of them indeed to be esteemed gentlemen of honour, but more or less according to the quality of their several employments under his majesty; and it is to be presumed that they brought along with them some honour of their own into his service at first, to set up with. Nor is it fit that such an assembly should be destitute of them to inform the commons of his majesty's affairs, and commumunicate his counsels, so that they do not by irregular procuring of elections in places where they have no proper interest, thrust out the gentlemen that have, and thereby disturb the several counties; nor that they crowd into the house in numbers beyond modesty, and which instead of giving a temper to their deliberations, may seem to affect the predominance.

Mr. Sacheverell doubts not but we are as much a parliament, as at our last prorogation, and believes that gentlemen, upon debate of it, will be as fully satisfied in the matter as he is. He looks upon this prorogation as illegal, but yet that it is a good parliament still, and that we properly stand upon an adjournment. Would look back to the time those statutes mentioned were made in, and you shall see then Prorogations and Adjournments were all one, and for hundreds of years they went on to the same business they left, without beginning again as we have done in adjournments in later times. There have been prorogations before the parliament had once met, and for some reasons, as the king being detained by business, that he could not in person open this parliament, or for want of a full appearance of members, put off to a longer day. In E. i! E. iii. E. iv. it runs thus. Sic Dom. Rex adjournavit et prorogavit,' &c. And he takes this to be an adjournment. Adjournment is the act of the two houses, prorogation of the king only; and so by adjournment, your business remains-Yet common discretion would teach them where it did.

Sir Rob. Howard. You are upon the most dangerous debate that may be, and from which no good consequence can arise. If we meet upon an adjournment now, then all privileges of members stand good, and you lay all people by the heels that have arrested any of your members. If you debate upon deducible arguments, you set the town at work, and enter the lists, at the coffee-houses. If you run once to countenance great things by deducible arguments, you shake laws and mighty things. Moves to lay aside this dangerous debate.

Mr. Sawyer. You ought to begin the session with reading a Bill, and you meet in no capacity but as a parliament, not as a Convention. Your vote will not mar nor mend the matter. There have been books written about this

Speaker of the parliament that restored the King. He died in 1684, aged 82.

not to seek after, and ingross such different trusts in those bordering interests of the king and country, where from the people they have no legal advantage, but so much may be gained by betraying them. How improper would it seem for a privy counsellor, if in the house of commons he should not justify the most arbitrary proceedings of the Council Table, represent affairs of state with another face, defend any misgovernment, patronize the greatest offenders against the kingdom, even though they were too his own particular enemies, and extend the supposed prerogative on all occasions, to the detriment of the subject's certain and due liberties? What self-denial were it in the learned council at law, did they not vindicate the misdemeanours of the Judges, perplex all remedies against the corruptions and encroachment of Courts of Judicature, word all acts towards the advantage of their own profession, palliate unlawful elections, ex

The Speaker. The session is not begun till a bill be read; it is the ancient Order, and if so, your question is, Whether you will break that Order, or not.

Mr. Garroway thinks we may safely read the Bill, and yet the debate may be reserved. He

is one who believes this as good a parliament as when we first sat. Though yet he is not very fond of it neither.

Col. Birch does not see you can go on in safety under a prorogation. One gentleman tells you, of books and pamphlets abroad on tenuate and advocate public crimes, where the who attend upon his royal person, to forget by criminal may prove considerable, step into the any chance vote, or in being absent from the Chair of a Money bill, and pen the Clauses so house,- that they are his domestic servants? dubiously, that they may be interpretable in Or that all those of the capacity abovemenWestminster-hall beyond the house's intention, tioned are to be looked upon as a distinct body mislead the house, not only in point of law, but under another discipline'; and whatsoever sin even in matter of fact, without any respect to they may commit in the house of commons veracity but all to his own further promotion? against the national interest, they take theinWhat Soldier in pay but might think himself selves to be justified by their circumstances; fit to be cashiered, should he oppose the in- their hearts indeed are, they say, with the councrease of Standing Forces, the depression of try; and one of them (Hervey, vice chamberCivil Authority, or the levying of Money by lain) had the boldness to tell his majesty, whatsoever means, or in what quantity? Or That he was come from voting in the house who of them ought not to abhor that traiter- against his Conscience.'-And yet these gentleous position, of taking Arms by the king's au- men being full, and already in employment, thority against those that are commissionated are more good-natured and less dangerous to by him in pursuance of such commission?' the public, than those that are hungry and out What Officer of the Navy, but takes himself of office, who may by probable computation under obligation to magnify the expence, extol make another third part of this house of comthe management, conceal the neglect, increase mons. Those are such as having observed by the debts, and press the necessity of rigging what steps, or rather leaps and strides, others and unrigging it to the house in the same mo- of their house have ascended into the highest ment, and representing it all at once in a good places of the kingdom, do, upon measuring and a bad condition? Should any member of their own birth, estates, parts, and merit, think parliament and of the exchequer omit to trans- themselves as well and better qualified in all form the Accounts, conceal the Issues, heighten respects as their former companions. They the Anticipations, and in despight of himself are generally men, who by speaking against oblige whosoever chance to be the lord trea- the French, inveighing against the debauches surer; might not his Reversioner (sir Robert of court, talking of the ill management of the Howard) justly expect to be put into present Revenue, and such popular flourishes, have possession of the office? Who, that is either cheated the countries into electing them; and concerned in the Customs, or of their brethren when they come up, if they can speak in the of the Excise, can with any decency refuse, house, they make a faint attack or two upon if they do not invent all further impositions some great minister of state, and perhaps reupon merchandize, navigation, or our own do- lieve some other that is in danger of parliamestic growth and consumption: and if the ment, to make themselves either way considercharge be but temporary, to perpetuate it? able.-In matters of Money they scem at first Hence it came, that, instead of relieving the difficult, but having been discoursed with in crown by the good old and certain way of Sub- private, they are set right, and begin to under. sidies, wherein nothing was to be got by the stand it better themselves, and to convert their house of commons, they devised this foreign brethren; for they are all of them to be bought course of Revenue, to the great grievance and and sold; only their number makes them double charge of the people, that so many of cheaper, and each of them doth so overvalue the members might be gratified in the farms himself, that sometimes they outstand or let or commissions.-But to conclude this digres-slip their own market. It is not to be imasion: Whatsoever other Offices have been set gined, how small things in this case, even memup for the use of the members, or have been bers of great estates, will stoop at; and most of extinguished upon occasion, should they have them will do as much for hopes, as others for failed at a question, did not they deserve to be fruition; but if their patience be tired out, turned out? Were not all the Votes, as it were they grow at last mutinous and revolt to the in fee farm, of those that were intrusted with country, till some better occasion offer. Among the sale? Must not Surinam be a sufficient these are some men of the best understanding, cause of quarrel with Holland, to any Commis- were they of equal integrity, who affect to insioner of the Plantations? Or who would gross all business, to be able to quash any good have denied money to continue the War with motion by parliamentary skill, unless themselves Holland, when he were a Commissioner of be the authors, and to be the leading men of Prizes, of Sick and Wounded, or transporting the house, and for their natural lives to contithe English, or of starving the Dutch, prison-nue so. But these are men that have been ers? How much greater then would the hard- once fooled, most of them, and discovered, and ship be for those of his majesty's houshold, or slighted at court; so that till some turn of state

:

Mr. Harwood. Discourse of people abroad is a great thing, and not to be slighted: we are not safe from the law taking hold upon us. mixture, so long continued, are demonstrable and apparent. For while scarce any man comes thither with respect to the public service, but in design to make and raise his fortune, it is not to be exprest the debauchery and lewdness, which upon occasion of Elections to parlia

this subject.' It may be, he is of that courage, | law by sitting as in a prorogation,' and would as not to heed them; but he does. Those in be provided against this, not knowing what this the Long Parliament were willing to keep their may overturn hereafter. places, and he never yet met with any that were willing to part with theirs. But he would prevent dogs barking, that we do contrary to shall set them in their adversaries place, they look sullen, make big motions, and contrive specious Bills for the subject; yet only wait the opportunity to be the instruments of the same counsels, which they oppose in others. -There is a third part still remaining, but as contrary in themselves as light and dark-ment, are now grown habitual throughout the ness; those are either the worst, or the nation. So that the vice and the expence are best of men; the first are most profligate per- risen to such a prodigious height, that few sober sons that have neither estates, consciences, men can endure to stand to be chosen on such nor good manners, yet are therefore picked out conditions. From whence also arise feuds and as the necessary men, and whose votes will go perpetual animosities, over most of the counties furthest the Charges of their Elections are de- and corporations, while gentlemen of worth, frayed, whatever they amount to; tables are spirit, and ancient estates and dependances, see kept for them at Whitehall, and through West- themselves overpowered in their own neighbourminster, that they may be ready at hand, hood, by the drunkenness and bribery of their within call of a question: all of them are re- competitors. But if, nevertheless, any worthy ceived into pension, and know their pay-day person chance to carry the election, some merwhich they never fail of: insomuch that a great cenary or corrupt sheriff makes a double reofficer (the Lord Treasurer) was pleased to say, turn; and so the cause is handed to the ComThat they came about him like so many jack-mittee of Elections, who ask no better, but daws for cheese, at the end of every session.' If they be not in parliament, they must be in prison; and as they are protected themselves, by privilege, so they sell their protections to others, to the obstruction so many years toge ther of the law of the land, and the public justice; for these it is that the long and frequent Adjournments are calculated; but all, whether the Court or the monopolizers of the Country party, or those that profane the title of Old Cavaliers, do equally, though upon differing reasons, like death, apprehend a Dissolution. But notwithstanding these, there is an handful of salt, a sparkle of soul, that hath hitherto preserved this gross body from putrefaction; some gentlemen that are constant, invariable, indeed Englishmen, such as are above hopes or fears, or dissimulation, that can neither flatter nor betray their king or country; but being consious of their own loyalty and integrity, proceed through good and bad report, to acquit themselves in their duty to God, their prince, and their nation; although so small a Scantling in number, that men can scarce reckon of them more than a quorum; insomuch that it is less difficult to conceive how fire was first brought to light in the world, than how any good thing could ever be produced out of an house of commons so constituted; unless, as that is imagined to have come from the rushing of trees, or battering of rocks together, by accident, so these by their clashing with one another, have struck out an useful effect from so unlikely causes. But whatsoever casual good hath been wrought at any time by the assimilation of ambitious, factious, and disappointed members, to the little, but solid, and unbiassed, party, the more frequent ill effects and consequences of so unequal a

are ready to adopt his adversary into the house if he be not legitimate: and if the gentleman aggrieved seek his remedy against the sheriff, in Westminster-hall, and the proofs be so palpable that the King's Bench cannot invent how to do him injustice, yet the major part of the twelve judges, shall, upon better consideration, vacate the Sheriff's Fine, and reverse the judgment; but those of them that dare dissent froin their brethren are in danger to be turned off the bench, without any cause assigned. While men therefore care not thus how they get into the b. of commons, neither can it be expected that they should make any conscience of what they do there; but they are only intent how to reimburse themselves (if their elections were at their own charge) or how to bargain their Votes for a Place or a Pension. They list themselves straightways into some Court-faction; and it is as well known among them, to what lord each of them retains, as when formerly they wore coats and badges. By this long haunting so together they are grown too so familiar among themselves, that all reverence of their own assembly is lost; that they live together, not like parliament-men, but like so many goodfellows, met together in a public house, to make merry. And, which is yet worse, being so thoroughly acquainted, they understand their Number and Party; so that the use of so public a council is frustrated; there is no place for deliberation, no persuading by reason; but they can see one another's votes through both throats and cravats, before they hear them.Where the cards are so well known, they are only fit for a cheat, and no fair gamester but would throw them under the table. Hereby it is, that their house hath lost all the ancient

No man has the impudence to break the king's prorogation, and yet he would not part with the people's liberty.

Sir Ch. Harbord. All parliaments are in being till dissolved by death of the king, or by word of his mouth. There have been several prorogations of 15 months.

Mr. Russel is no great reader of statutes, and therefore is no competent judge of those mentioned, but since it is a question, whether they be in force, or no, men must be satisfied. Therefore he moves for an Address to the king, That we may (to put all things out of doubt) be dissolved.

Sir Rd. Temple. Because the legality of our meeting is questioned by libels without doors, must we therefore make it a question within doors? Heretofore, at the opening a session, the Speaker chose some Bill to be read, that would probably take up least debate; and would punish those who have dispersed these libels.

Sir John Coventry would have the house, in the least of our actions, express our loyalty. He believes this to be a parliament, and as good as ever it was, but hopes we sit not by proclamation-law. He plainly sees we have sat so long that the people are weary of us; and seconds the motion for an Address to the king to dissolve us.

reason, we may, in some measure, satisfy the world. Therefore moves for the Bill to be read a 2nd time.

Sir George Reeves offers a bill for regulating Elections of Members of Parliament,' ordered to be brought in the last session.Which was read accordingly, and ordered a 2nd reading.

Sir Tho, Meres. A Bill is now read, and, before it, the king's Speech was read; doubts not of hearts full of thanks for the king's gracious expressions in his Speech: no man doubts but the matters of it are of great weight, and we should have, at least, two or three days time to consider it; therefore moves for Tuesday to take it into consideration.

Mr. Neale thinks Tuesday a great while to defer the consideration of the king's Speech, considering you give him no thanks for it in the mean time. Moves for Monday, and no business to intervene, no, not privilege, till the safety of the nation be provided for.

Resolved, "That the king's Speech be taken into consideration on Tuesday.'

Feb. 17. The debate was resumed, and the question being propounded, That the house do proceed to name their Grand Committee, it

was carried 193 to 142.

Debate on Sir T. Strickland's Conviction of Popery.] Feb. 19. The house having been Mr. Williams is of opinion, that the parlia-informed of sir Tho. Strickland's conviction of ment is in being, but whether by prorogation Recusancy, and been moved for a writ to be or adjournment, is the question. He is against issued out to chuse a knight for Westmorland, reading that Bill, because it will stop the in his stead, Ordered the record of his Conmouths of gentlemen in the debate, and by itviction to be brought in by the clerk of the we must admit ourselves to meet now under a prorogation, and, for the like reason, is for reading the other bill, and reserving the farther debate. He hears discourses abroad that we are dissolved by this long prorogation. We cannot constitute ourselves a parliament, if we be none; but by our solemn debates, with

crown: and.

The Speaker informed the house, That, by the record, it appears that he stood convicted of Recusancy, according to the form of the statute, but whether he be the same sir Tho. Strickland, member of the house, appears not.

Sir Wm. Coventry has known this gentleman many years before he sat here. For common respect, especially for one who has sat so long amongst us, would give him some time, though not by way of summons. It may else possibly be an inconvenience to his fortune; but if he come not, in some reasonable time, to give an account of himself, would send out a new writ, to chuse another member in his stead; but would do it without summons to him.

weight and authority; and, being conscious of their own guilt and weakness, dare not adventure, as heretofore, the impeaching of any man before the lords, for the most heinous crimes of state, and the most public misdemeanors; upon which confidence it is that the conspirators have so long presumed, and gone unpunished. For although the conspirators have sometimes (that this house Mr. Powle. We cannot be too careful, when might appear still necessary to the people, we are about to expel a member, especially and to make the money more glib) yield when we remember that a minor part has once ed, that even their own names should be expelled a major in the Long Parliament. This tossed among them, and grievances be talked gentleman may be convicted, and possibly of, yet, at the same time, they have been so know nothing of it. As for summoning of him, prevalent, as to hinder any effect; and, if the and that attested here at the bar, there can be house has emancipated itself beyond instruc- no inconvenience; for he may absent himself, tions, then by chastizing them with Proroga- and you may take it pro confesso; and go sotions, frighting them with Dissolution, comfort-lemnly to summoning him, and, if he appear ing them with long, frequent, and seasonable not, then send a new writ to elect a member Adjournments; now by suspending or dimi- in his stead. nishing their Pensions, then again by increasing them; sometimes by a scorn, otherwhiles by a favour, there hath a way been found to reduce them again under discipline." VOL. IV.

Sir Tho. Meres. It is properly no sum mons,' but notice,' to give the thing a more easy word.

Mr. Whorwood is as tender as any man for 3 H

this gentleman, but thinks such scruples strange. | two's inconvenience on gentlemen's lands, till He is fortunate that he has escaped this en- this be settled, leaves it to you. quiry so long, and sat here without expulsion: would therefore have a summons plainly sent to him, and if thereupon he comes not, he wishes him gone.

Sir John Birkenhead. Strickland has taken the oath of Allegiance and Supremacy here, at his first admission, and the former he will take, and the lords are not obliged to the other,

Sir Tho. Lee. It is strange that Birkenhead should proffer you any thing against law. Both oaths are to be taken here.

The Speaker was ordered to give sir Tho. Strickland notice by letter accordingly.

A Supply of 600,000l. voted.] Feb. 21. Sir Rd. Temple reported from the Committee of the whole bouse, That it is the opinion of the committee, that a Supply be given to his majesty for the Building of Ships not exceeding 600,000l.; to which the house agreed.

Debate on the Bill to encourage the planting of Hemp and Flax.] March 1. A Bill to encourage the planting and sowing of Hemp and Flax was read the 2nd time.

Sir Tho. Mompesson. The bill is not practicable. Some lands cannot bear hemp.

Mr. Sacheverell would have the committee consider what countries the bill will be proper for. It is for ours, and would commit it.

Mr. Swynfin thinks it a great confidence in Birch to teach all gentlemen and farmers in England how to husband their land. If there be any profit in planting hemp and flax, there needs no law to compel men to it, but that of necessity, all ways else failing. Flax and hemp are no strangers here. The sowing of it goes out, because people make no profit of it. If it were for their advantage, men would turn all their lands to it. Birch tells you, he has sown none these 7 years, though he has land fit for it.' He believes he can make no profit of it. Is it imaginable this can take any effect? By experience, we find, flax is at so low a rate that they sow it no more, and persons will pay a penalty rather than do it, and so the act may be an universal penalty. It may possibly breed some surveyors, and make officers break their oaths. How can he swear to so many acres? Can this then help the poor, or the farmers, who, by this law, must groan under the penalties? This bill is, upon a supposition only, to put all husbandmen upon new experiments. Let us have no more trouble with this bill, to hinder us from greater affairs.

pasture, and meadows, and perhaps in 20 years no grass will come up again. Consider what this charitable pretence of relieving the poor has been. But so much tax upon your lands.

Sir George Downing believes that for French linen there goes alone 500,000l. per ann. besides other linen. He is for the bill, Col. Birch. He brought the Bill in. In a but utterly against the imposing the half acre body natural, if all the blood be brought up in a 100 acres to be planted with hemp and into the head, there will follow a dissolution. flax under a penalty. He knows a hundred All the money is brought to London, and little parishes that have not one acre fit for it. left in the country but clipt and worn money. Would move for planting olives, oranges, or If it be so in fact, what will England come to in pomegranates, as practicable as this. Hemp a short time? The country is almost depopu- and flax can only be planted on mellow ground. lated for want of employment, and the people You may as well plant Canary wine, under as will follow employment. Employment is ei- specious pretences, as hemp and flax. By this ther from husbandry or trade. Want of people bill, we bring in a law to wipe away all covehas forced the farmer to thrash himself. Henants and jointures, &c. nay, to plough up old cannot keep servants, corn is so cheap; and when it is got, there is nobody to eat it, and yet when we reap it, there is 18d. or 2s. a day for workmen, so few are there to be got. He is far from thinking this bill to be a present advantage to the nation this year: but where land is proper for it, in most towns some is sown. This is the end of this bill; if it pass, not one poor person will be in England that will but work. This half acre (enjoined in the Bill) is as much as most of the poor of a parish can dress. A poor woman that can get 34d. a day will work, but you have not work for them without such a bill, not for one in ten : 20s. worth of linen takes up more bands to make it, than ten pounds-worth of woollen. Though there is a statute to set the poor to work, it rather increases the poor, than tends to a diminution. They allow them money weekly. If wool should fail, this would set the poor to work. You pay 150,000l. per ann. for foreign linnens: possibly, you may clap some of the money to be raised upon it. Possibly, you may employ all the poor, and whether you will continue this expensive trade of linen, and be pestered with poor for a year or

Sir Wm. Coventry desires that encouragement may be given to the planting hemp and flax. But the only material objection is, the compulsatory parts of the bill. They are not usually well executed; mens hearts go not along with it. He would have the committee think of an inducement and encouragement to do it, as well as compulsion.-The Bill was ordered to be committed.

Complaint against the Clerk.] Sir Tho. Lee finds no Order for the business of the day, for the house to go into a Graud Committee for Grievances; and, he believes, no Order will be entered for the future, but what shall be acceptable to the Clerk.

Mr. Garroway moves for a new Clerk, this clerk having several times abused us; and would have him removed.

Sir Wm. Hickman. The clerk has served you so very often, and at this time he puts gentlemen into committees whom he knows to be in Lancashire.