solicitor told the doctor the court could not hear him then to which Mr. Raynesford answered, in behalf of the Solicitor, That he never sat in court but one day, and never said any such word as was laid to his charge. To which Mr. Grey added, That he heard Dr. Hewitt say, If any judge or counsel would say he ought to plead, he would have done it. At last, the question being put, Whether the Proviso should be laid aside, the Speaker gave it for the Ayes; but sir Rob. Brook said the Noes had it; upon which the house dividing, sir Tho. Widdrington said, There were two gentlemen gone out. Several motions ensued on this, to divide the house notwithstanding; and after that it took up an half an hour's debate, Whether the Ayes or Noes should go out; but the Speaker saying the Ayes should, although several old members in the house said the contrary, their numbers were 138 for the Proviso, and 163 against it; so that this also was laid aside. Debate in the Commons on Religion.] July 9. The grand committee for Religion sat according to order; the debate on which we shall give at large, from the MS. Diary, observing, that now was the contest whether the Presbyterian Church Government, or the Church of England formerly established, should reign. Sir Trevor Williams opened the debate, by moving for the established Religion, according to the 39 Articles; which he said was not only according to the Old and New Testament, but was as much as all that own Christianity profess. Several members after him spoke for and against this motion; as, Mr. Gower, Dr. Clayton, col. King, Mr. Broderick, Mr. Stevens, and Mr. Throgmorton; who said, All Protestant Churches did profess according to the Scripture, and moved that the 39 Articles should be inserted in the Bill. Lord Richardson and sir John Northcot, for the same. Serj. Hales said he was for the 39 Articles; but thought it not fitting to join them with the Old and New Testament, in the same paragraph, but in some other. Mr. Broderick was for the Articles; saying, He had often conversed with those of several churches abroad, and that all professed Religions were according to the Scriptures; and moved for a National Synod. one letter of the Bill made good the title of it; that the Religion of our church was not to seek, but we have enjoyed it long; and therefore should not now be inquiring for it. However, he moved this should be referred to an Assembly of Divines, for which they ought to petition the king; for he knew no law for altering the government of the Church by Bishops. And, lastly, as for liberty for tender consciences, he said no man knew what it was. Mr. Prynne spoke very honestly and passionately for the paragraph in the Bill; and concluded with saying, The determination of the Synod must be confirmed by the king and parliament. To whom. Sir Heneage Finch again said, That the original of the paragraph was from Cromwell, and he did hope they would not cant after him; but that, if the faith grounded upon Scripture, and the discipline according to the laws, were put in the paragraph, he then would give his consent to it. Several more members spoke, till at last it was moved to adjourn it to another time, which was opposed by others; and the committee sat an hour in the dark, before candles were suffered to be brought in, and then they were twice blown out, but the third time they were preserved, though with great disorder; till at last, adds our authority, about ten at night it was voted, "That the king should be desired to convene a select number of Divines to treat concerning that affair, and the committee not to sit again till the 23d of Oct. next." The Act of Indemnity passes the Commons.] July 11. This day the long-expected Act of Indemnity passed the commons; it was intituled, An Act of free and general Pardon, Indemnity, and Oblivion;' and was ordered to be sent up to the lords. Debate on the Bill of Sales.] Another Bill of great consequence had been brought into the commons, and read once, called, A Bill of Sales.' This was to consider the cases of those who had been purchasers of the king's, queen's, and church's Lands, during the late times of plunder and devastation. And this day the said Bill coming to be read a 2nd time, a Debate arose, of which the MS. Diary gives this abstract :-It was opened by col. Jones, who moved the house against those who had bought the king's Lands and Woods, as also of Deans and Chapters; to examine what money the purchasers had paid for them; but to consider the Soldiers under general Monk at the same time. A Petition Mr. Peckham was not for altering our Reli- from the purchasers of St. James's, and St. gion without proper judges of it, as by a Sy- Martin's in the Fields, being offered to the nod; and urged a case in a trial in Westmin-house by sir Anth. Irby, col. Shapcot opposed ster-Hall, where the judges sent for a falconer the reading of it there; but moved for a comabout a hawk; saying, Quilibet in arte sua;' mittee to receive Petitions. and therefore moved for a Synod in this case, lest, going further, they should be like little boys, who, learning to swim, go out of their Lord Falkland spoke on the same side, and said, It was not fit to debate the whole Bill in that house, but to leave the doctrinal part to a Synod. reach and are drowned. Sir Heneage Finch spoke most excellently concerning this subject, and said, That not Mr. Palmer spoke very high and excellently against the whole Bill; and moved that the king's Lands, as well as those of others, should be restored to them implicitly. Sir Tho. Wroth seconded this motion, and said, That, as to his own case, whatever he had bought, he did freely give back again, though he had paid 18 years purchase for them. Mr. Prynne said, That no compensation should be made to those who had bought the king's Lands; that it was against their oaths to suffer it, except to those who were antient tenants, who had bought the same in order to preserve themselves and titles; and, in that case, to petition the king: also to consider those who had purchased land in and about Westminster, which then was worth nought; but, having now built fair houses upon them, the rents amount to a considerable value, and will be so for the future. Mr. Goodrick spoke also for the old tenants that were forced to buy or be turned out, and to commit the bill. Mr. Barton and Mr. Gewen for a commitment also; but the former was not for confirming any Sale to those who sat after 1648, or High Court of Justice men: the latter urged, That it was the king's interest to have the bill committed. Whether it was that this last assertion stirred up the zeal of another member, or from some other cause, Mr. Calmady moved to have the bill cast out; or else, if they would commit it, to commit it to the necessary-house above. Which motion, as it might properly enough be called, Mr. Annesley rebuked, as unbefitting such an assembly. Mr Stephens argued against the bill, saying, That they ought not to encourage evil-doers; but, instead of confirming estates, to punish the purchasers: he moved also for an act of resumption, wherein they were to be left to the king's mercy; but was for committing Mr. Lowther was against the bill; saying, The old proverb was, That he that eats the king's goose should be choaked with the feathers; and that he was against the bill by reason of his oath. Sir Tho. Meres desired the house not to bave a greater care of the king than they had of the church; and said, The purchasers had already paid themselves; and moved for resumption and a grand committee. Several members were for committing the bill; the last to have all major-generals and rumpers excepted out of the bill: not one member speaking directly in defence of it, except sir Tho. Widdrington, who might be a person deeply interested in its consequences.-Lord Falkland moved the house in behalf of the Queen, and to refer her case to a committee. Sir Geo. Ryves spoke also in behalf of the Queen, and against the Purchasers; and said, It was not fit the French, who all this while durst not demand the Queen's jointure, should now be suffered to do it; but that VOL. IV, they should prevent them, and give her it themselves.-Upon the whole, it was ordered, That all the king's and queen's Lands, Rents and Profits, be left out of the bill; and to be referred to a grand committee of the whole house. General Monk created Duke of Albemarle.] July 13. The lord-chancellor informed the house of lords, That his majesty had conferred the honour and title of Duke of Albemarle on the lord-general Monk; whereupon the house ordered, That he should be introduced between the duke of Buckingham and the marquis of Winchester, the lord great-chamberlain, without robes, Garter king at arms going before him. Being thus brought in, he delivered his patent, ou his knees, to the lord-chancellor, who delivering the same to the clerk of parliament, it was publickly read; after which Garter king at arms delivered back the patent to the lord-general Monk; who, by this grant from his majesty, was created Baro de Potheridge, Beauchamp et Teys, comes Torrington, et Dux Albemarliæ.' The ceremony aforesaid being ended, the duke was placed, by Garter, between the duke of Buckingham and the marquis of Winchester. The lords ordered also, That the lord great-chamberlain and the lord Berkley should wait upon his majesty to give him Thanks, from that house, for the honour he had been pleased to confer on the duke of Albemarle; and that he be added to the committee of privileges. Debate in the Commons on Religion.] July 16. We have already given, from a MS. Diary, the substance of a debate on Religion, by a Committee of the commons appointed for that purpose. The same authority gives us another, which happened this day. Sir John Northcot began the debate, by speaking very highly against Deans and Chapters; but spared the Bishops, saying, The former did nothing but eat and drink and rise up to play,' or something worse: upon which Mr. stood up and reproved him; but he was justified by sir Walter Erle. Mr. Prynne said, He could not be for bishops, unless they would derive their power from the king, and not vaunt themselves to be Jure Divino. Mr. Walpole was for putting the question, Which was the Protestant Faith, according to the scriptures and the government of the Church, and according to law. Mr. Knightley was for the clergy in general, saying, The faults of private persons ought not to make the function criminal. Sir Tho. Widdrington said, The question, as it was, was not for a committee, or even a parliament; but moved to make two questions of it. Mr. Grove said, The question was complicated, and desired that the first part might be put; adding, That the king was then consulting with divines about the discipline of the Church. Dr. Clayton said, That discipline was as necessary with doctrine, as life in a natural body, G Mr. Stephens said, The first part of the question they should all agree in; but, for the second, not to anticipate the king, who was, at that time, consulting about it. Mr. Howard, argued for the whole question. He said, That as monarchy had been so long interrupted by rebellion and faction, so had episcopacy by schism and heresy; and that no one that spoke against episcopacy offered any thing better. : Mr. Young was for dividing, and not to mix the doctrine and discipline together; yet, he said, he was for episcopacy, though he did not think it an article of faith and urged the king's Declaration for tender consciences for merly, and his present endeavours for settling of peace amongst all people. Sir John Temple argued for a division of the question, saying, the former discipline was the occasion of their former troubles; and moved for a synod. Col. King said, That no man could tell what the discipline according to law was; and therefore moved to divide the question. Mr. Throgmorton spoke highly for Bishops, saying, That, except Scotland, there was scarce any Reformed Church but what had Bishops. Mr. Bunckley said, He thought a moderate episcopacy might take in the good of both parties; and urged the king's present inclinations and endeavours for it: that episcopacy, in its extent, was more boundless than monarchy; adding, That some of the Bishops gloried in putting down all lectures in a country, and it was a fault to preach twice a day; but concluded, That government by episcopacy, if circumscribed, was to be wished; and moved to divide the question. Sir Heneage Finch said, The first part was not to be put singly, after 140 years practice. Sir John Talbot said, Those that formerly desired to hasten the Settlement of Religion, now strove to obstruct the question. Sir Gilbert Gerrard said, He could not give his vote for the question, until he knew whether it was against the Covenant. This was seconded by col. Shapcot, who argued, That many things in the Liturgy might be amended; and hoped that men would not be imposing on other's consciences: that he was not against Bishops, but their power; and moved to divide the question. ther was it ripe enough now to handle that subject; and moved that this debate be now laid aside, and the whole committee adjourned for 3 months.--After 7 hours debate, about 10 at night, it was at last agreed to refer the matter to the king, and to such divines as he should please to chuse; and, to adjourn this Committee to the 23d of October next. The Earl of Bristol's Specch on the Bill of Indemnity.] July 20. The lords adjourned themselves into a committee, to consider of the Bill of Indemnity; and, after some time, the house was resumed, but no report was made of their proceedings therein as yet.-At the same time, the lords received a quickening Message from the commons to hasten the dispatch of that Bill; and another for Confirmation of Judicial Proceedings: alledging these two reasons for it, That, unless the latter Bill be passed, there can be no Assizes kept, tho' they are appointed; and, unless the former be the same, the animosities of the people will be increased, and thereby the peace of the kingdom greatly disturbed.-On the receipt of this Message the lords went again into a committee on the Bill of Indemnity; and the house being resumed, the lord Roberts reported the opinion of the committee was, That all those persons who gave Sentence of Death upon the late king, or signed the Warrant for his murder, shall be excepted out of the Bill of Indemnity: and, that to know who those persons are, the original evidences shall be desired from the house of commons for their lordships information: which opinion the house confirmed. In the debate, this day, on the above Bill, The Earl of Bristol* addressed their lordin these words: "My lords; Being to speak unto your lordships somewhat more extendedly than what is my use, and upon a subject wherein there may be, perhaps, not only dif ference, but even fervour of opinions, I find myself obliged, by somewhat that happened to me here the other day, to beg a favour of your "The London, printed in the 1660. year earl of Bristol was a man of courage and learning, of a bold temper, and a lively wit, but of no judgment nor steadiness. He was in the queen's interest during the war at Oxford. And he studied to drive things past the possibility of a treaty, or any reconciliation; fancySir Tho. Wharton said, He was in his judging that nothing would make the military men ment episcopal; but moved the question might not be put at present, because the king was in consultation about it. Mr. bunckley, again, was now for laying the whole question aside; because, he said, If it was put and carried, all ministers made since 1648 would be abolished. Sir John Northcot again moved in behalf of the ministry, and said, Many of those who were ordained by Presbyters, were active in bringing in the king. "Sir Anthony Ashley Cooper said, Our Religion was too much mixed with interest; nei so sure to the king, as his being sure to them, and giving them hopes of sharing the confis cated estates among them, whereas, he thought, all discourses of treaty made them feeble and fearful. When he went beyond sea he turned Papist. But it was after a way of his own: for he loved to magnify the difference between the Church and the Court of Rome. He was esteemed a very good speaker; but he was too copious, and too florid. He was set at the head of the Popish party, and was a violent enemy of the earl of Clarendon." Burnet, vol. i. p. 101. lordships, that, if I should chance to err in forms and orders of the house, or that there should slip from me, unawares, any expression that may be dissonant to the ears of those who understand better than I the force, and propriety of words, you will not be severe unto me; but be pleased to consider, that I have been 16 years out of my country, and in a profession far different from what I am now adoing: in confidence of this indulgence I shall proceed. My lords; you have here before you, in this Bill of Indemnity, the most important business that, perhaps, the house of peers hath at any time had in deliberation; it is that upon which the honour or eternal reproach of the nation abroad, and its happiness or confusion at home, seems (next under God's inscrutable providence) most principally to depead: for, on the one side, how abhorred a nation inust we be to all others, if the infamy of our sovereign's murder should not be thoroughly washed away, by justice, in the blood of the guilty? And, on the other, what happiness or quiet can we hope for at home; nay, what new combustions ought we not to apprehend, if the criminal and the misled, (between whom the eye of the law can make little distinction) making up so numerous a part of the nation, their fears, which might urge them to new crimes, should not be secured, by the firmest assurances of impunity? Punishing and securing are, certainly, the two principal ends of this Bill; and wherein, as certainly, every one of your lordships doth concur; but whether the means of attaining those ends have been sufficiently lighted upon by the house of commons, in this Bill, that, I suppose, is the present question; and wherein I think myself in duty obliged to express unto your lordships, with freedom and sincerity, my judgment, in all humble submission unto yours. -As for that part of the Bill which relates to our sovereign's murder, I find it so short, and so much out of the way of what we owe, both to the severity and solemnity of that revenge, that I cannot but think it, in some sort, (pardon the expression) a profanation of the due right of that sacred expiation, to handle it in the same Bill, promiscuously, with other more vulgar things. My motion therefore shall be, That there be forthwith a committee appointed, to consider of all things fit to be done, for the washing away of that stain from the nation, and from the age wherein we live; and to draw up an Act purposely and solely for that end. In confidence that this motion will either be embraced by your lordships, or that, if it be opposed, I shall have the liberty to fortify it by my reasons, I shall set that business apart, and apply my discourse to what concerns this bill, in all other relations; in which I shall not make nice to tell your lordships, that I think it defective in many things reasonable, and redundant in some things unreasonable; and yet, notwithstanding, not only my humble motion, but my most earnest pressure, as far as with humility I may, shall be, That we may | proceed immediately to the passing of this Bill, with little or no alteration.-This, my lords, may appear a surprising motion from a person thought to be, as indeed I am, as much inflamed as any man living with indignation at the detestable proceedings of the late usurped power, so pernicious to the public, and so injurious to my own particular; in whom the motion may seem yet more surprising, when [ shall have told you, with truth, that I am irreparably ruined in my fortune for my loyalty, if this Bill of Indemnity to others for their disloyalty, should pass as it is here offered unto your lordships: but the ground I go upon is this received maxim, as to all public sanctions, Better a mischief than an inconvenience; yea, better innumerable mischiefs to particular persons and families, than one heavy inconvenience to the public. My lords; I profess unto you I find myself set on fire, when I think that the blood of so many virtuous and meritorious peers, and persons, and others of all ranks, so cruelly and impiously shed, should cry so loud for vengeance, and not find it from us. That many of the wickedest and meanest of the people should remain, as it were, rewarded for their treasons, rich and triumphant in the spoils of the most eminent in virtue and loyalty, of all the nobility and gentry of the kingdom. What generous spirit can make reflection on these things, and not find his heart burn into rage within him? Here it is, my lords, that we sufferers have need of all our philosophy. But when I consider that these are mischiefs only to the sufferers, and that, to insist upon a remedy, might perhaps expose the public to an irreparable inconvenience, I thank God I find, in an instant, all my resentments calmed and submitted to my primary duty.-My lords; we have here in our view a kingdom tossed, and rolling still with the effects of past tempests; and though, God be thanked, the storm be miraculously ceased, we cannot say that the danger is, until we get into still water: that still, that smooth water is only to be found in the generality's security from their guilty fears, and in the two houses' union between themselves, and with their sovereign. Whether the latter may not be endangered, if we should enter into controversy upon the particulars of this Bill, I leave unto your lordships to judge. But, certainly, as to the former, there can be hopes of raising monies, or disbanding armies, or of settling that happiness and tranquility which we all sigh for, of being governed under our gracious sovereign by the antient and known laws of the land, whilst universal fears shall subsist by the delay in passing this Bill.-My lords; I shall sum up unto your lordships my whole drift in a few words. I think that, in this Bill, there are many things wanting, which solid and inportant reasons would require to be added, and many things inserted into it, which justice to his majesty's interest, and to particular persons, would require to be omitted, or rectified: but, I conceive, at the same time, that the mischiefs of the delay in passing it, do far outweigh all the advantages of improving it. My lords, I shall conclude my discourse, and your 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, betwixt 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." troduced into the house of lords, by the stile and title of baron of Lanthony, and earl of Brecknock. 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: "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 notdeny 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 bad 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 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 Warrant, and that the gentleman-usher of that house should send a man with her for that pur-mental rights, we do by these presents, depose. 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. The lords ordered Lists to be made out from the Journal that came from the house of commons, 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 '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 pubmany transactions in Ireland with more fidelity than success. He had made a treaty with 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. |