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The King's Speech to the Lords relative to the Act of Indemnity.] This day, the King came down the house of lords, and made the following Speech to them:

mischiefs of the delay in passing it, do far out- | troduced into the house of lords, by the stile weigh all the advantages of improving it. My and title of baron of Lanthony, and earl of lords, I shall conclude my discourse, and your Brecknock. lordships trouble, with the application, to this purpose, of a memorable saying of that illustrious minister, the cardinal Mazarine, at a council in the wars of France, whereunto I had the honour to be called. It was, That in the great affairs of the world, he had not known any thing do more hurt than these two words, faisons mieux, let us do better: for, said he, whilst good wits endeavour, by debates, to bring good councils to a greater perfection, they do, for the most part, lose the opportunity of timing things rightly; which, in great actions, is of far more importance than the preference, according to refined reason, betwist good and better. Upon this ground, my conclusion is, That that part which concerns the king's death, being put in the way proposed, we should proceed to the speedy passing of this Bill, without losing any time in emendations; but if we be destined to so fatal a loss, by ravelling into particulars, I shall, in that case, desire leave to offer unto your lordships therein my reflections also.”

July 23. The lords made an Order, That the lieutenant of the Tower should examine colonel Hacker, touching the original Warrant for execution of the late king, who soon after came down to the house, and acquainted their lordships, That he had examined the colonel, and that he confessed he had the Warrant at his house in the country, and that he believes it agrees with what was printed. But his wife and family being in town, he could not get it, without sending her down to fetch it. Hereupon the lords ordered, That the wife should go into the country to fetch the Warraut, and that the gentleman-usher of that house should send a man with her for that purpose. The lieutenant of the Tower also acquainted the lords, That he had asked colonel Hacker if he knew the person that executed the late king, and he told him he heard it was a major, but did not know his name; but he would endeavour to find it out.

"My lords: When I came first hither to you, which was within two or three days after I came to Whitehall, I did, with as much earnestness as I could, both by myself and the chancellor, recommend to you and the house of commons, the speedy dispatch of the Act of Indemnity, as a necessary foundation of that security we all pray for. I did since, by a particular Message to the house of commons, again press them to hasten that important work; and did likewise, by a Proclamation, publish to all the kingdom, That I did with impatience expect, that that Act should be presented to me for my assent, as the most reasonable and solid foundation of that peace, happiness, and security, I hope and pray for, to myself, and all my dominions. I will not deny it to you, I thought the house of commons too long about that work, and therefore, now it is come up to you, I would not have you guilty of the same delay. I thank God, I have the same intentions and resolutions now I am here with you, which I had at Breda; and I believe that I owe my being here to God's blessing upon the intentions and resolutions I then expressed to have. I will read to you what I then said. And to the end that the fear of punishment may not engage any, conscious to themselves of what is passed, to a perseverance in guilt for the future, by opposing the quiet and happiness of their country in the Restoration both of king, peers, and people, to their just, antient, and funda'mental rights, we do by these presents, de'clare, That we do grant a free and general Pardon, which we are ready, upon demand, 'to pass under our great seal of England, to all our subjects, of what degree or quality soever, who, within 40 days after the pub

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The lords ordered Lists to be made out from many transactions in Ireland with more fidethe Journal that came from the house of com-lity than success. He had made a treaty with mons, of all those persons concerned in the Murder of the late king. After the reading of the said Lists, an Order was made, That all those in the beforesaid Lists should be absolutely excepted out of the Act of Indemnity; and that all their persons should be forthwith secured.

July 27. The duke of Ormond † was in

*For a Copy of the Warrant, see vol. iii. p. 1280.

"After the earl of Clarendon, the man next in favour with the king, was the duke of Ormond; a man every way fitted for a Court: of a graceful appearance, a lively wit, and a chearful temper: a man of great expence, decent even in his vices, for he always kept up the form of religion. He had gone through

the Irish, which was broken by the great body of them, though some few of them adhered still to him. But the whole Irish nation did still pretend, that, though they had broke the agreement first, yet he, or rather the king in whose name he had treated with them, was bound to perform all the articles of the treaty. He had miscarried so in the siege of Dublin, that it very much lessened the opinion of his military conduct. Yet his constant attendance on his master, his easiness to him, and his great sufferings for him, raised him to be Lord Steward of the Household, and Lord Lieutenant of Ireland. He was firm to the Protestant Religion, and so firm to the laws, that he always gave good advices: but when bad ones were followed, he was not for complaining too much of them." Burnet, vol, i, p. 95.

sing this Act-I hope I need say nothing of Ireland,and that they alone shall not be without the benefit of my mercy. They have shewed much affection to me abroad, and you will have a care of my honour, and of what I have promised to them. I do again conjure you, that you will use all expedition in the dispatch of this Bill."

July 28. The king came again to the house, oflords in order to pass some Bills that then lay ready for the royal assent. The commons being sent for as usual, and come up, their Speaker presented his majesty with two Bills; one, For a Grant of Tonnage and Poundage; the other, For a Continuance of Excise. After which, he made a short speech to the king, to this effect: "That it never was the custom of parliaments to charge the people with payments, until their liberties and grievances were first confirmed and redressed; yet, out of the greatest trust and confidence that ever subjects had in a prince, the house of commons did now go out of their old way, and had now supplied his majesty's necessities with the greatest gift that ever prince of this kingdom had ever given him by his people."-The Bills where then read by the clerk of parliament, and passed the royal assent.

lishing hereof, shall lay hold upon this our grace and favour, and shall, by any public Act, declare their doing so: and that they return to the loyalty and obedience of good subjects, excepting only such persons as shall 'hereafter be excepted by parliament. Those only excepted, let all our loving subjects, how faulty soever, rely upon the word of a king, solemnly given by this present Declaration, That no crime whatsoever committed against us or our royal father, before the 'publication of this, shall ever rise in judgment, or be brought in question, against any of them, to the least endamagement of them, either in their lives, liberties, or estates, or '(as far forth as lays in our power) so much 'as to the prejudice of their reputations, by any reproach, or term of distinction from the rest of our hest subjects. We desiring and ' ordaining, that henceforward all notes of discord, separation, and difference of parties 'be utterly abolished among all our subjects, whom we invite and conjure to a perfect ansion among themselves under our protection, for the re-settlement of our just rights and theirs, in a free parliament; by which, ⚫ upon the word of a king, we will be advised.' My lords, if you do not join with me in extinguishing this fear, which keeps the hearts of The King's Message relcasing all Arréars men awake, and apprehensive of safety and to the Crown.] July 30. The lords continuing security, you keep me from performning my to go into a committee every day, on the Bill promise, which if I had not made, I am per- of Indemnity, it was ordered, That the lordsuaded neither I nor you had been now here. chamberlain should go and acquaint his maI pray let us not deceive those who brought, jesty with the great sums of money in Arrears or permitted, us to come together. I knew in the Court of Wards, which are mentioned well there were some men who could neither in the Act of Indemnity; and to know his maforgive themselves, or be forgiven by us; and jesty's pleasure therein. The next day, the I thank you for your justice towards those, the said lord brought back from the king the folimmediate murderers of my father: and I willlowing Answer in writing: deal truly with you, i never thought of except- "C. R. His majesty is very well informed ing any other. I pray think well upon what of the value of these Concessions, which are to I have offered, and the benefit you and I have pass in the Act of Indemnity, which relate inreceived from that offer, and encourage and tirely to his majesty's profit, and which have oblige all other persons, by not excluding them little or no relation to the war: he knows well from the benefit of this Act. This mercy and that the Arrears of the wars, the Licences of indulgence is the best way to bring them to a Alienation, and Alienations without Licence, true repentance, and to make them more se- Purveyance, Respite of Homage, the Arrears vere to themselves, when they find we are not of Rent still in the hands of the tenauts, and so to them. It will make them good subjects the other particulars, amount to a great and to me, and good friends and neighbours to you; vast sum; all which are released and dischargand then we have all our ends, and you shall ed by this Act. But his majesty is so well safind this the securest expedient to prevent tisfied of the good affection of his house of comfuture mischief. Therefore I do earnestly de-mons, and of their intentions and resolutions to sire and conjure you to depart from all particular animosities and revenge, or memory of past provocations, and that you will pass this Act, without other exceptions, than of those who were immediately guilty of that murder of my father. My lords, I have told you my opinion, and I hope you will be of the same. If any persons appear of such dangerous and obstinate principles, that the peace of the kingdom cannot be preserved whilst they have liberty in it, some other course may be taken, that they shall not be able to do hurt; and I assure you, there is nothing can enable them to do so much harm, as the deferring the pas

settle such a Revenue upon his majesty as may preserve the crown from want, and from being undervalued by his neighbours; that he is resolved not to insist upon any particulars which the house of commons desired his ma jesty should release: and therefore, as his majesty thanks the house of peers for the information they have given him, and for the care they have expressed of his majesty's profit, so he is well contented that that clause shall pass in such manner as the house of commons hath set down: and continues his earnest desire, that all expedition be used in passing the said Act in the manner he hath formerly expressed.

Given at our Court at Whitehall, this 30th day | land, that then such person or persons that do

of July in the 12th year of our reign. By his majesty's command, EDWARD NICHOLAS."* This Answer the lords thought proper to communicate to the commons at a conference; who immediately appointed a large committee to sit and consider of settling such a Revenue on his majesty, as should maintain the splendour and grandeur of his kingly office, and preserve the crown from want, and from being undervalued by his neighbours.

Further Proceedings of the Lords on the Bill of Indemnity.] Aug. 1. The lords continued to scrutinize very closely into the principal actors of the late King's death; and this day col. Tomlinson, who commanded the guard at St. James's, and conducted the king to Whitehall, was examined; but by the evidence of Mr. Seymour, a member of the other house, who said that the late king told him, That the colonel did carry himself civilly towards his majesty in all respects, therefore their lordships, because it did not appear that the said col. signed the bloody Warrant, acquitted bin, and ordered him to be left out of the List of excepted names in the Act of Indemnity.

so accept or execute as aforesaid, shall, to all intents and purposes in law, stand as if he or they had been totally excepted by name in this house. All which the lords agreed to.

August 9. The lord Roberts reported from the above committee, That it was their opinion all those who sat in any High Court of Justice shall be made incapable of bearing any office, ecclesiastical, civil, or military, within this kingdom, &c. And that all such persons shall be liable to such further penalties as by any future act of parliament may be inflicted upon them, not extending to life; which the house confirmed.

The Commons urge the Lords again to pass it.] Notwithstanding the diligence the lords used to finish this business, yet the king and the house of commous thought them very slow in the matter. This day the commons sent up a Message to the lords to desire a conference with them on matters of importance: which being granted, and the lords returned, the lord-chancellor made the following Report of it, viz.-"That the house of commons desired earnestly the keeping of a good correspondency The lord Roberts reported, from the combetween the two houses, and to acquaint their mittee on the said Act, That it was their opi- lordships, That they had sent up several Bills nion that col. Hacker, sir Henry Vane, sir Ar- to charge the people of this kingdom with Paythur Haslerig, col. Lambert, and col. Axtell, ments, contrary to former precedents of parshould be wholly exempted out of the Bill of liaments before Acts of Grace; for, as yet, Indemnity. Then was read the rest of the there had been no such Act of Grace and Clause, wherein the aforesaid persons were Pardon to satisfy their representatives: and named in the Bill; and the question being as we had a king, exceeding his predecessors put, Whether this clause should be left out in goodness and grace towards his people, so, of the Bill, it was carried in the affirmative. the house of commons say, they have exceeded August 2. The lords reported, from the in their duty and proceedings beyond all former committee on the Bill of Indemnity, that their parliaments: that they had brought up divers further opinion was, That if any of the per- Bills of great and public concernment to the sons following, viz. Wm. Lenthall, Wm. Bur-king and the whole kingdom; as, the Bill of ton, Oliver St. John, col. Wm. Sydenham, col. Desborough, John Blackwell, Christ. Pack, Rd. Keeble, Ch. Fleetwood, John Pyne, Rd. Deane, maj. Creed, Philip Nye, John Goodwin, col. Corbet, and John Ireton, shall hereafter accept, or exercise, any office, ccclesiastical, civil, or military, or any other public employment, within this kingdom, dominion of Wales, or town of Berwick upon Tweed, or in Ire

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Indemnity, the Bill of Judicial Proceedings, one for Confirmation of Magna Charta; and the subjects cannot go on in chearfully paying their taxes, until the passing these Bills, especially that of Indemnity, which the houses have been so pressed for; first, by his majesty's Letter from Breda, and his Speech and Message, to give Expedition to.-And the house of commons further say, That they have such great and urgent occasions for present Monies, Secretary Nicholas was a man of gene- that they must be forced to desire a Loan of ral good reputation with all men, of un- 100,000l. of the city of London, wherein they questionable integrity and long experience in desire their lordships concurrence; but they the service of the crown; whom the late king had little hopes to obtain it, in regard of their trusted as much as any man to his death. He fears, by the not passing the aforesaid Bill: was one of those who were excepted by the that they had that day received a Message parliament from pardon or composition, and so from the King concerning providing of Money was compelled to leave the kingdom shortly speedily, for the Army and the Navy, who after Oxford was delivered up, when the king are in great necessity for money; there being was in the hands of the Scots. The present 24 ships lately come into harbour for want of king continued him in the office of secretary provisions, which cannot be got without money; of state, which he had so long held under his also, for want of passing the Bill of Judicial father. He was a man of great gravity, and Proceedings, the Judges cannot go their cirwithout any ambitious or private designs; and cuits, whereby the subjects suffer in their prohad a just friendship with the chancellor (Cla-perties, estates, and lives; therefore the comrendon) for many years." Lord Clarendon's mons desired their lordships to give all possible Life, p. 4. expedition to the aforesaid Bills."

after this, it stop only at the house of lords, the commons had acquitted themselves.

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After the bearing of this Remonstrance, the lords went into a committee on the Indemnity Bill; and, being resumed, the lord Roberts Mr. Prynne moved against the delay of the reported from them, That the opinion of the lords in other bills, as well as the last; especommittee was, That, for the more speedy cially in that against priests and jesuits and, dispatch of this Bill, no further Addition or Ex-after all, it was voted, That the Bill for Money ception shall be made to it, unless in the busi- should pass; and the king be desired to appoint ness of Ireland; which opinion was confirmed a time when the house should wait upon him by the house. with this and other Bills for the royal assent. At the same time, the members of the privy council and others, who were appointed to carry up this Message, were also to represent to his majesty, "That although Acts of Grace ever preceded Acts for Money, yet the, house of commons had such confidence and assurance in his majesty's grace and goodness, that they do present the Bill for Money first, and shall wait his majesty's pleasure for speeding the Act of Grace."

The Lords pass the Indemnity Bill, with many Amendments.] August 10. The lords passed the Bill of Indemnity, with divers Amendments and Alterations; and ordered it to be sent down to the commons for their concurrence; as were, a few days after, the Bills for Poll Money and for Confirmation of all Judicial Proceedings.

Debate in the Commons, whether the Money Bill should precede the Act of Grace.] Before we proceed with the business of the house of lords, it is necessary to look back a little into the proceedings of the commons, after they had sent up the Bill of Indemnity.-And, first, we find in the MS. Diary so often quoted, That, on the 27th ult. when the commons had prepared the Money Bill, and it only waited for the royal assent, a motion was made by Mr. Annesley, for carrying it up; on which

Sir John Northcot said, That his duty to his king, and his love for his country, made a conflict within him; and desired the Bill for Money might not be carried up before the Act of Indemnity was passed: to which

This Message was carried to the king by Mr. Hollis, and others; and, at their return, Mr. Hollis reported the King's Answer to the Message, which was in these words: "That, if he knew his own heart, he took this kindness of the house so kindly, that he knew not how to be revenged of it; and, for the confidence they had in him, he only desired this, that they would retain it until he deceived them." And then he appointed the next day at 11 o'clock. (What was then done, at the king's coming to the house of lords, is already given at p. 90).

motions, was read a 2nd time; and on which a long debate ensued, for which we are solely indebted, as well as for the former, to our MS. Diary.

Debate in the Commons on the Ministers' Bill.] July 30. A Bill for settling and restoring MiMr. Pierepoint answered. That, notwith-nisters in their Ecclesiastical Livings and Prostanding the lords delay, yet they ought not to stop the Money Bill; considering the great occasion the state bad for money; and moved, rather to desire the king to quicken the lords. Sir George Downing said, That it was not proper to distrust the king, but to pass the Bill for Money, without making conditions with him; and leave it to his majesty to hasten on the Bill of Indemnity.-Col. King and col. Jones spoke for sending up the Money Bill, and to trust the king.

Mr Secretary Morrice said, That they were afraid of their own fears; for fear did take things as they might happen; that they should have charity; and charity with reverence to princes; that, after having the king home without conditions, they should not then distrust him: adding, that confidence was the greatest obligation; that he had commands from the king to speed the Bill of Indemnity; but that they should shew their duty, and trust their king.

Sir Henry Hungerford said, Ile could not be jealous of his majesty, but the lords gave great cause for jealousy, in retarding the Bill so long; and desired the king might be moved to quicken them.

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Serj. Littleton moved against this bill, because, he said, it was to continue all scandalous Ministers out, and not remove all scandalous ones that were in.

Sir Wm. Wheeler was for committing the bill, and to refer the consideration of their characters to the justices of the peace in their respective counties.

Mr. Palmer was for stopping all extravagant preaching.

Sir Tho. Clarges moved against one Bond, a preacher, that writ a Book to justify the King's Murder, and produced the book.

Mr. Prynne moved to send for Bond; which was ordered.

Mr. Thurland moved, that all those who were to be continued, should read the 39 Articles.

Sir Tho. Meres seconded this motion; and spoke against the Triers at Whitehall, who put persons of anabaptistical principles into good livings; saying, They would put any body into mean livings; but none but those of their own

Mr. Hollis next said, If he thought the stop-humour into a great one. ping the Bill of Indemnity, at present, was meant to injure the subject, he would not open his mouth for the Money Bill; but, as he was assured the king would do, and had done, all he could to hasten the Bill of Indemnity, if,

Mr. Swinfen spoke for the bill; and that those who have now two livings may have but one; the present possessor to enjoy till Michaelmas; and not to impose all the Articles upon them; but only such as concern doctrine

and not discipline; saying, It was too grating to the conscience. He moved also to bring the Bill in again by a committee speedily.

Mr. Hungerford was for prudence and moderation, and committing the bill.

Mr. Thomas was for none to have the benefit of their livings that would not conform to the law; nor that justices or commissioners should be any judges of this business, but refer all to the law.

Mr. Stephens, was for restoring the orthodox, and against the scandalous; saying, He knew one that said, The Devil take the flock so he had the fleece;' and was for having six orthodox divines to join with the commissioners.

Sir Heneage Finch said, The Bill was not brought in according to the Votes of the committee; and moved against all such Ministers as will not conform to the laws of the land; saying, They could not punish the papists with any justice, if they did not punish their own Ministers for refusing to be regulated according to law. He added, That there was not a line in the Bill which provided against the scandalous, who were then incumbents; but that there was one against the ejected, and against those also who had two benefices. Lastly, he moved against all those Ministers who were presented against the consent of the patron, and were allowed to have grace but no alle-to the Commons: Their Debate upon it.] giance not to confirm any such; nor abate one of the 39 Articles, or the Oaths, to those that should stay in, but to leave them to their several patrons to be prosecuted according to law.

Mr. Prynne was for all Ministers to take the oaths; but their presentations to be good throughout, though not by the right patrons, in times of trouble.

Sir John Masham was for setting aside the whole Bill, or bringing in another; saying, That it was needless, or unjust, to confirm those persons in their livings against the patrons; and, having voted the king all his lands and appurtenances, this confirmation would contradict that act.

Mr. Allen was not for taking care of the patron if he neglected to present within six months; but, if he did, he said it was fitting there should be care taken to name very choice men, in the respective counties, to examine the matter, what sort of men they presented.

Sir John Bowyer said, There was before the house what was fit and what was just to be done; that he was for the just; and moved for the Oaths and the 39 Articles to be taken and subscribed by all priests; but moved, more especially, against those who were instrumental against the king.

Mr. Trevor spoke next, for mixing prudence with justice, and restoring all those who were truly deserving to their benefices: but yet to consider those who are in, that were as deserving too. He moved also against patrons, pro hac vice, and said, There was no provision in the Bill against those who are scandalous, and were then in.

Mr. Charlton spoke against the referring the Bill to a committee, but to refer it to the law; so as to let every man then in possession continue so, if he can prove the right owner scandalous; but, if he do not, then to be liable to arrears. He hoped the house would not be more cruel than Harry 8th, who allowed his turned-out priests maintenance for their lives; and therefore moved for all arrears of fifths only to be restored; but that no one man that was a Trier, and had a living then given him, should enjoy it.

Mr. Barton was for having all to take the Oaths and read the Articles; but none to stay. in that would not conform to the law; also 10 have some divines joined to the commissioners. The Indemnity Bill sent down by the Lords August 11. After a long debate, the Bill of Indemnity was brought down from the lords with several Amendments and Alterations. The commons went immediately upon it; and, first, voted to agree with the lords for pardoning the Arrears of Papists on Sequestration, and Mr. Thurloe. Upon the lords excepting all the King's Judges, sir George Booth stood up in behalf of those who came in upon the Proclamation: he produced two Papers in favour of the lord Grey of Grooby, to testify his penitence for his being against the king, and moved to have his name left out of the Bill. Col. King moved to agree with the lords in excepting all. Sir John Bowyer was for adhering to his former vote. Sir Heneage Finch was not for adhering wholly, nor for agreeing; but, to salve all, he was for banishing those who were not executed. Sir Anth. Irby moved for a conference with the lords, concerning those that surrendered. Mr. Annesley was for adhering to those that came in, and a conference for the rest. In the end, it was voted to adhere to those that surrendered.

Aug. 13. The debate was re-assumed. The house agreed with the lords in pardoning sir Gilbert Pickering and Tho. Lister, esq.; and for the other 24 in that classis, it was carried to adhere to their former Vote about them, as to pains, &c. Voted also, To agree with the lords to except col. Hacker for life; which they had added to the Bill. A question was put, Whether to agree with the lords in pardoning Mr. Lenthall, and the other 15 in that classis, the house divided upon it; when the Yeas carried it by 197 against 102.--Another question was then started, Whether to agree with the lords about the excepting of Lambert, Vane, Haslerig, and Axtell, or to adhere to their former Vote, as to pains and penalties not extending to life; voted to adhere. Col. Scrope, whom the lords had also excepted, was voted to come off for a year's value of his estate. Col. Wauton, with the others of that classis, whom the lords had condemned for life, the commons reprieved for pains and penalties: but then they voted, That all the foregoing persons, as well as those who sat in any high court of justice, should never bear

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