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rate perpetual, as this must be. Sir George, the severity of his punishment, but to burn Reeves was rather for regulating the Court of the book. Sir John Northcot said, It was not Wards, than burden the people with taxes. safe nor honourable for them to spare him ; Sir John Frederick for laying it upon the land, and moved to agree in all with the committee which ought to pay it.—Upon the wbole, it but the imprisonment. Mr. Howard, That, he was resolved to adjourn the debate till the was a person who was writing a‘ Mene Tekell 21st instant.
upon the wall against thein, and that they Resolutions against Mr. Druke's Book.] would not so much as rap him upon the fingers; Noy. 20. Serjeant Raynestord reported that that he ought to be severely punished, by being the committee appointed to examine Mr. tied up to the gallows, whilst his Book was Drake's Book had come to the following Reso- burning below it ; for if he, being a friend, lutions: 1. “ That the pamphlet, intituled wrote in that manner, what would their ene· The Long Parliament revived,' &c. is sedi- mies do? Sir John Potts moved to have him tious in those particulars which were alledged make a public recantation whilst his book was at the committee. 2. That the house be moved burning. Mr. Knight, to make an example of to order, that the said Pamphlet be publickly him, notwithstanding his former merits.--At burnt by the hands of the common hangman. last Mr. Harris moving to put the Resolves of 3. That the house be desired to appoint a the committee, singly, to the question, it was committee for the drawing up an Impeachment, voted, nem. con. That the Book was sediin the name of all the commons of England, tious; that an Impeachment be drawn against against Wm. Drake, for penning and publish- Mr. Drake; and that sir Heneage Finch go up ing of this seditious Painphlet, to be presented to the lords with it, the next morning, and to the lords. 4. That ibe house be moved, carry the Book along with him. But though That the said Wm. Drake may be kept under this prosecution against Mr. Drake was or such restraint, that wone may have access to dered in so warm a manner, we do not find speak with bim."
that the coinmons made any great baste in it. Debate thereon.] The MS. Diary tells us, For, though the Impeachment was brought in, that sir Edw. Massey preseuted a Petition to read, and ordered to be ingrossed, on the 26th the house, from Mr. Drake, acknowledging his instant, and the manner of presenting it to the faults as a rash and inconsiderate action; that lords ordered to be considered of on the 29th, he had ever retained his loyalty, and bumbly we hear no more of the matter till the 4th of begged the king's pardon and the favour of the the next month, when the Impeachment was house. Sir Edward spoke also in his behalf, actually sent up to the lords by the lord Falk: saying, That be looked upon hiin to be disr land; as will shortly be seen. tempered, and therefore desired the favour of Further Debate on the Court of Wards.] the house for bim. Mr. Secretary Morrice Nov. 21. The commons went again on the said, That punishment in the Greek was the business of the Court of Wards, when sir same as example, and that he ought to be Heneage Finch opened the debate, by moving, inade one, because he did not own their power; That the annual Income to be settled on the and moved to agree with the committee. king, in lieu therereof, might be raised by an Captain Titus spoke highly in his favour, say- Excise on Beer and Ale, and to take away ing, Ile did not think him infallible, though he Purveyance also. And that half of this Excise knew bim to be extremely loyal; but he wanted might be settled for the king's life, and the that temper of mind which he ought to bave; other half for ever on the crown.
This moand added, that his former merits should com- tion was seconded: by:Mr. Bunckley and Mr. pensate for his present slip. Lord Falkland Pierepoint ; but sir Jahn Frederick, Mr. Jols was for condemning bim first, and then leave liffe, sir Wm. Vincent, Mr. Annesley, and liim to the king's merey. Sir Harry North some others, spoke against it. The last-named said, It was true he had been loval, but did gentleman saying, That if this bill was carried, not know whether he was so then ; and was every man who earns his bread by the sweat for agreeing with the committee. Mr. Hyde of his brow must pay Excise, to excuse the moved to examine him again, whether any Court of Wards, which would be a greater one saw this Book, and approved it before grievance upon all, than the Court of Wards it was published, and, was for agreeing with was to a few. Sir A. A. Cooper spoke against the committee. Mr. Palmer was for making the Court of Wards, and for the Excise. Mr. him an example. Sir Heneage Finch said, Pryvne," against the Excise, saying, It was not The price of the book was raised, and fit to make all house-keepers hold in capite, that every one hoped all would he turned and to free the nobility : and inveighed pasup-side down' again; that the burning the signately, says the Diary, against the Excise ; book was too tame a punishment; that no adding, That those Lands which ought to pay, man had merit enough to expiate the setting being held in capite, should pay stil. Mr. the kingdom in a flame again'; and moved to Banfield said, He was against an everlasting agree in all with the committee. Mr. Annesley Exeise, and for laying the tax on lands in said, he did agree that the Book was seditious, capite. Mr. Bainton also was against an but the man repented of it, and had forinerly Excise, saying, If it was carried so, they might merited ; that it was hard to ruin a man for expect that, one time or other, there would be the first fault, and moved to forbear a while some strange commotions by the common people about it ; that he was rather for keeping , ference in the Painted-Chamber, about a Mes: the Court of Wards, regulated in its proceed- sage they received yesterday froin his majesty; iogs, than submit to an Excise, whicb, if it which being agreed to, Mr. Hollis reported the was kept up, an army must be so to sustain it. substance of the Conference as follows, viz. Sir Tho. Clarges was against the Excise, say- That the lord-chancellor was pleased to acing, That the rebellion in Naples came from quaint them, That, in order to that good corimpositions and excises. ---This debate was respondence which bath been continued, and ended by serj. Maynard and Mr. Trevor, who which he desires may ever be held, between both spoke for an Excise, though the last said, the two houses, that house had been careful that nothing but the Court of Wards taking to acquaint the house of cominons with all away should have moved him to it. At last, matters of consequence which did occur: and the question being called for, the house divided, that the lords having received a Message from the numbers 151 against 149, when it was the king's majesty yesterday; which they desiresolved, “ That the Moiety of the Excise of red then to have presently communicated to Beer, Ale, Cyder, Perry, and Strong Waters, you, and sent their messengers to that purpose; at the Rale it was now levied, shall be settled but the important business of the house not on the king's majesty, bis beirs and successors, then permitting, the lords had therefore desired in full recompence and satisfaction for all this conterence with them, to communicate tenures in capite, and by knights service; and his majesty's Message to them; which Message of the Court of Wards and Liveries; and all was as followeth ; emoluments thereby accruing, and in full satis- “ C. R. In consideration of the season of faction of all Purveyance. Resolved also, the year, and the approach of Christmas, That the further consideration of settling a when members of parliament will desire to he Revenue of 1,200,000l. a year, on the king's at their houses in the country; and, in regard majesty, be adjourned to the 23d instant." of his majesty's Coronation within a month
Message from the King concerning a Disso-after Christmas, the preparation for which lution.] Nov. 22. The commons received a will take up much of his majesty's thoughts Message from the lords desiring a present con- and time, and the time of the servants, which
* " Soon after the Restoration,” says Mr.bers of that house with a dissolution ; and by John Hampden, in a Tract iņtitled . Some giving to some considerable places, they got a Considerations about the most proper way question put, to settle one Moiety of the of Raising Money in the present Conjunc- Excise (which bad been invented and raised ture,' “ the house of commons expressed a on evident necessity, in the time of civil war, desire, as their predecessors had often done, and not granted longer than a few months) to take away the Court of Wards, and they upon the crown in fee, in lieu of the Court of had long deliberations how to settle upon the Wards, and the other moicty on the king for crown a recompence forit; many ways were his life. The former part, to give the moiety proposed (as is usual in such cases) but at last in fee in recompence of the Wardships, was it was thought best to lay it on Land; and carryed in the affirmative, though in truth, it they agreed the sum to be 100,000l. per ann, was the giving 300,0001. a year for one, for and appointed a committee to settle an equal which that house is justly blamed, and will be rate upon every county towards it. This so, as ill husbands for the kingdom, and unwould bave procured another great advantage faithful to their trust. A great parliamentto the nation, and especially to the associated man, late deceased, undertook to make out, it counties and others, that are over-taxed in the was the giving away the Barley-Land of EngMonthly Assessment, by bringing in a just and land. The oiher part, viz. to give the other equal way of taxing all the lands of England, Moiety for Life (as much as that house was according to their true value. The committee, influenced by the court) was first carried in in pursuance of the order of the house, baving the negative, which enraged them to such a taken great pains in settling a new Rate, at degree, that, the next day, a Niessage was length agreed upon one, and reported it to the sent to the house, to let them know they were house, aod it is entered in the Journal. But to be dissolved a month after. This was a while they were taking all these pains, the strange and unusual Message; they might court was privately informed, by some self- have been quickened to dispatch public Bills, designing men, that it would be of much greater and told, the session would be but short ; but advantage to them, to get a Grant of the the Message, as sent, put men throughout the Excise upon Beer and Ale, since the value kingdom ou supplanting them. If the memof that was unknown.; and they assured them, bers staid in town (and go they could not that it would amount to a sum vastly beyond without leave of the house) their several in. what the parliament intended them in lieu of terests in their counties, were endangered. If the Court of Wards. These men encouraged they went down, the settling the Excise, for the court to undertake this work, and pro- life, might be carryed in their absence. This mised their assistance and endeavours for the was the dilemma the court had brought them success of their proposal:, bereupon the court to, and accordingly it was granted before that resolved to push for the settling of the whole session ended.” See APPENDIX to the present Excise, and by threatening privately the mem- Volume.
therefore should be vacant from other business, resolved, " That it -be referred to the Comhis majesty hath thought fit to declare, That mittee for bis majesty's Revenue to state the he resolves to dissolve this parliament on the several particular Heads from which the yearly 20th day of the next month, and to call ano- Revenue of 1,200,0001. for his majesty is to ther with convenient speed; and that this bis arise; and to prepare Bills, as they shall find purpose may be forthwith communicated to necessary, for the settling and making the his bouses of parliament, that they may the same effectual, and to report the whole to the more vigorously apply themselves to the Dis- house :" patch of the most important business that de. Debate on the Lord's Day Bill.] Nov. 28. pends before them. Given at our Court at Two religious Bills were read a 2nd time, one Whitehall, the 20th Nov. 1660."
against the Profanation of the Lord's Day, the Further Debate on the Court of Wards.] other against profane Cursing and Swearing, Nov. 27. The state of the King's Revenue, &c. Sir John Masbam spoke against the and the Settlement for the Court of Wards, former, and was for throwing it out, not being was again taken up: Mr. Prynne langan the satisfied which day in the week was the Lord's debate, by moving the house to consider, first, Day, that ought to be kept holier than the rest, what legal things might be offered to make up but said, It was novelty. On which Mr. Prynne the king's Revenue, before they fell upon the got up and spoke for the Bill, alledging several Excise; and named the Custoins of Ireland reasons, and vouching divers authorities for the and Scotland, the Post-Office, and several antiquity of the custom. Sir Ralph Ashton others. Sir George Downing said, The Cus- moved, That the Speaker should reprove sir toms did not amount to 400,0001. a-year; and, John Masham, for what he said relating to the for the improvement of the King's Parks, there Sabbath. Sir John said, He spoke against the were divers grants made by the late king to his bill only because it was a transcript of one in servants, which were then claimed; so that Oliver's time, and therefore he could not conthose could not be valued till they were sur- sent to any thing that was done by him. To veyed and settled; and therefore moved to which sir George Booth answered, That the settle the other Moiety of the Excise upon the Devil spoke Scripture sometimes ; and moved king. Col. King and Mr. Boscawen moved for both the bills to pass; which was ordered for inquiring into the state of the king's pre- accordingly. sent Revenue first, and what was wanting Debate on the King's Declaration concerning there, before they voted an addition. Serj. Ecclesiastical Affairs.] The same day, aBill for Charlton said, It was scarce possible to know making the king's Declaration touching Ecclesiexactly the value of the king's Revenue, and astical Affairs, effectual, was read a first time; on therefore moved for putting the question for which a long debate ensued, which we give also the Excise. Hereupon, an Estimate was read from the MS. Diary.---Sir Allen Broderick of the value of the king's Revenue; which, by moved to lay the bill aside, saying, The king computation, came to 819,0001. odd money. would suddenly call a new parliament, and with To this col. Birch said, That, by his computa- them a Synod; and moved to let this alone tion, he could not make it amount to more till then. Mr. Stevens was for having the bill than 110,0901. and therefore moved to refer it read again, as it would not stand with the hoto a committee to examine. Sir John North-nour of the parliament to lay it aside. Sir cot said, The king's Revenue was under-rated; George Reeves was against the bill, and to be and moved that the Excise might be settled satisfied with the king's Declaration. Sir Cleio full for the Revenue. Sir Heneage Finch ment Throckmorton said, That the bill gare said, It was not material whether the words too great a toleration, and made the Bishops in full,' or ' in part,' were inserted, and no more than "vox et præterea nihil. Mr. moved for the question; which being called tor, the house, without dividing, voted, “ That Arthur Annesley, esq. who, by the death the other Moiety of the Excise on Beer, Ale, of his father, was then viscount Valentia, 'afterCyder, Perry, Strong, Waters, Chocolet, Cof- wards earl of Anglesey. “ He was very learnfee, Sherbet, and Metheglin, be settled upon ed, chiefly in the law. He bad the faculty of the king during his life, in full of the 1,200,0001., speaking indefatigably upon every subject; but per ann. revenue resolved to be settled on his he spoke ungracefully, and did not know that majesty."-1. Resolved, “That the several he was not good at raillery, for he was always particulars of Chocolet, Coffee, Sherbet, and attempting it. He understood our government Metheglin, be added to the former Vote for well, and had examined far into the origisettling a Muiety of the Excise of Beer and nal of our constitution. He was capable of Ale on bis majesty, in compensation for the great application, and was a man of grave deCourt of Wards and Purveyances. 2. That portment, but stuck at nothing, and was the tiine for commencement of that part of his ashamed of nothing. He was neither loved majesty's Revenue, which is to arise from the nor trusted by any man on any side, and he Excise of Beer, Ale, &c. be the 25th Dec. 1660. scemed to bave no regard to common decen3. That the Committee for his majesty's Re-cies, but sold every ching that was in his power: venue be revived ; and that they do meet, de avd'sold himself sn ofter that at last the price die in diem, in the Queen's Court."
fell so low that he grew useless.” Burnet, vol, Ou a motion of the lord Valentia," it was i. p. 97.
Bunckley said, That without à bill the Decla- | parliament. Sir John Masbam said, They ration would be insignificant ; that it was very had before them an excellent Declaration, fitting that many things in the Liturgy should metamorphosed into a very ugly bill; that the be allered. He produced a Book, printed in king's intention was for a settlement of Reli1041, which was the Opinions of the bishops gion amongst us, which surely this bill did of Armagh and Lincoln, Dr. Prideaux, Dr. thwart; and moved to throw it out. Mr. Ward, Dr. Featly, and Dr. Hacket, that several Prynne answered the last speaker, and said, things in the Liturgy should be rectified; and The Declaration was to settle peace in the moved for another reading of the bill. Mr. kingdom only, which the bill did not confirm; Henry Hungerford moved, That all those, and what a wonder would it be, after they had who pretended to so much loyalty, should agree given the king thanks, to throw out the bill. with the king's desire, that they might all go Mr. Thurlaud said, It was very disputable, down into the country, and be well accepted whether such an excellent Declaration would there; which, be said, they could not better make an excellent law: he thought not, giving deserve, thau by setting this great affair in or- so great a toleration, and endeavouring to lessen der before their dissolution. --Mr. Howard the Liturgy. He added, that he never knew said, That the present business was of the a Declaration, by wholesale, voted into an highest concernment that ever yet was brought act; and moved to lay this aside for the prebefore them, wherein the honour of God was sent. Col. Shapcot said, That the king's hoso much concerned, as well as the peace of nour and the honour of the house, were both the nation. He moved, therefore, that the concerned in this bill. That Ireland was highly bill should be read again in 3 days. Sir Rd. pleased with the Declaration, and begged for Temple said, That there was no repugnancy bowels of mercy one towards another; and was between the Declaration and the bill; and for the bill. Sir Heneage Finch was as much moved for having it read again at the same for indulgence to tender consciences as any; time. ---Sir Tho. Meres spoke against the bill, but said, It must then be used and allowed to and said, That to make this bill a law was such as could not consent to such a liberty as the way to make all papists and other here- the bill offered : neither did he think it was tics, rejoice, since it would wholly reinove all the king's desire to have it put into a bill; that conformity in the church; and therefore moved the Catholics would upbraid them with doing to lay the bill aside, and leave it to another injury to them, for so many years, for not goparliament and a Synod. Mr. John Stevens ing to Church, when we were going, says he, said, The King had taken mach time and by an act, to tolerate it in others. He was deliberation to consider it well, before he pub- not for taking away the rule of conformity, lished his Declaration. To this Mr. Secretary nor yet for throwing out the bill; but he wished Morrice added, That the same man who was it had never been brought in, and moved for sich might be cured with a medicine at one time, a 2nd reading some other time, rather on that which would not help at another; and that day se’nnight.--Mr. Swinfen was for having the some things are seasonable now, which were bill read again in 3 days, saying, Nothing was not so at another. That matters were not only more hoped by the people, than the passing to be done, but well done. Sometimes a wound this bill; and therefore they ought not to dewould heal of itself, if you applied nothing to ceive them : that he thought it would not grate it; and added, that time would rather do that the Bishops at all, because they were with the good which they desired, than to have it en- king at the framing the Declaration. Lord forced by a bill; and therefore he was for lay- Bruce said, They might as well make every ing it aside.-Mr. Young said, He had rather act of grace from the king into a law as this, the bill had never been brought in, than that which he was utterly against; and moved to it should now be laid aside; that the Ceremo- adjourn the debate. Serj. Maynard concluded nies of the Church were not of that great this long debate, in saying, He was against weight, as to ensbroil us again in a new war: passing the bill, because it gave too great a but that some indulgence ought to be given to liberty, yet would not seem to reject it by a such as had ventured their lives, for the good vote, because the king's Declaration, on which of all. He said, he could not hope for any the bill was built, was so pleasing to every or^. benefit to be had by a Synod, because the spi- He moved rather to put the question, Whether rits of the clergy, for their laté sufferings, would the bill should be read a 2nd time? The house be much higher in resentment than the minds dividing upon it, the numbers were 157 for, of the house were there; and moved for a 2nd and 183 against, a 2nd reading. reading. Sir Solomon Swale spoke against the Debate on the Restitution of the Title of bill, but for the Declaration, saying, That since Duke of Norfolk.] Dec. 3. The bill for the the government of the Church was despised, Restitution of the Earl of Arundel, &c. to the how were they fallen into confusion?' And Title of Duke of Norfolk, was brought from moved, that the laws established might suffice, the committee to whom it was referred, unand not frame this into a new one. Mr: Bo- altered, and was read a 3rd time. durda said, The king, by his Declaration, nav- The MS. Diary informs us, that Mr. Stevens ing desired an indulgence, he hoped they would spoke very earnestly against passing the bill, not resist it; and therefore he moved the hill saying, That the earl was always bred amongst might pass, till the first session of the next those who were enemies to the protestants; that the earl was distracted; and that if he that the parliament had made; that neither was here, it was a question whether they would the queen, nor any of the royal tamily, had the confirm the Title ; for, in his opinion, it was least relief from those people, but were lett to giving honour to the man in the moon. Sir starve in exile; and moved that, if the debts Robert Paston said, That the earl's want of on bond be allowed them, the book-debis senses should rather gain him more advocates should be so too; that the bill should be enthan enemies; that the lords had already ex. grossed, and such provisoes taken care for as amined witnesses concerning bis present con- were proper to be received. Mr. Hollis said, dition of mind, and were satisfied with it; that Ile had as great an abhorrence of that black he himself was not satisfied fully concerning crew as any one; and therefore moved rather the death of the late duke of Norfolk, but to consider the poor creditors, their wives and thought the restoration of the bonour could be children, and the executors, by a proviso. Serj. no prejudice to any one; and therefore moved Charlton said, That, in Scripture, we are told to have the bill pass. Mr. Prynne spoke that the whole families of traitors were deagainst the bill, saying, It was nonsense, be-stroyed : that the case was not alike in private cause it did not express from whence the first bonds, as it was in this, where the persons honour came, nor to wbom given; that here were attainted. He moved to leave it to the was no patent produced, nor any form how law, whether to allow any legacies or not; but the late duke was attainted; and said, the earl added, It was reasonable the legatee should ought to have petitioned for his honour; but refund. Sir A. A. Cooper said, There was reason that here was no such thing. Sir Rd. Onslow to allow Settlements before marriage, or as far moved for the bill, saying, That he was one of retrospect as 1647. Col. Shapcot said, That the guardians, and thought it very hit it should to deny the payment of their debts, was to pass. Mr. Thomas moved to have that part punish the honest creditors, not the offenders ; of the bill, which reflected upon queen Eliza- and therefore moved to consider those poor beth, amended at the table, and then to pass people, by a proviso large enough for the purit. Serj. Charlton said, The house was not pose. Mr. Prynne spoke against any proviso, ready yet for passing the bill, without examin- saying, There were none for the Gunpowder ing the record and the indictment of the late Traitors, nor any else that ever were traitors duke; that it was fitting the earl himself should before. Captain Titus ended this debate, by be here, but if he was so far distracted, it was observing, That executiou did not leave traitors better to take bis honour from him, and be- at their graves, but followed them beyoud it: stow it upon the next worthy person in the fa- and that, since the heads and limbs of some mily; adding, that it was filter to use the earl were already put upon the gates, he hoped the as Nebuchadnezzar was, to send him amongst house would order that the carcasses of those beasts, for he had not the ordinary cleanliness devils, who were buried at Westminster, Croinof one; and moved to re-commit the bill. well, Bradshaw, Ireton, and Pride, might be Mr. Bartield said, he did not understand why toru out of their graves, dragged to Tyburn, they should coofer honour upon a mad man; there to hang for some time, and afterwards neither was it fit to give an act of grace to be buried under the gallows. This motion those of the Popish religion.-Serj. Raynes- was agreed to, says the Diary, nem, con.: this ford was against bestowing honours upon any is confirmed by the Journals, where the Orof the Popish religion, which he understood der is entered at large. Ordered also, That this family was of; and unless they took the James Norfolk, esq. serjeant at arms, should oaths he was against the bill. But, lastly, Mr. sec execution done upon the bodies; and that. Trevor and sir George Reeves, speaking for capt. Titus do carry up the Order to the Lords the bill, the question was called for, and, be- for their concurrence ; which was agreed to the ing put, the house divided upon it, yeas 187, same day. *-The Bill to be engrossed. noes 116.
Articles of Impeachment against Drake for Debate on the Bill of Altuinder.] Dec. 4. publishing a Pamphlet intitled the “ Long Mr. Thomas reported to the house, from the committee, some amendments and three pro- * This Order was not executed till January visoes to the bill of Attainder, which were read. / 30, after the dissolution of this parliament, Mr. Ratcliffe moved for an allowance to be when a chronological Historian of these Tiines made of just debts, legacies, and funeral ex-gives us this Account of it: “ This day, Jan. pences, out of this Forfeiture of those four per- | 30, 1660-1, the odious Carcasses of Oliver sons estates who have been attainted after Cromwell, Henry Ireton, and John Bradshaw, their deaths, viz. Cromwell, Pride, Bradshaw, were taken out of their graves, drawn upon and Ireton. Sir John Northcot was against sledges to Tyburn, and being pulled out of paying the Funeral Espences of Cromwell and their coffins, there hanged at the several anBradshaw. Mr. Allen and lord Valentia mored gles of the triple tree, till sun-set; then taken in favour of the executors, That they might down, beheaded, and their loathsoine trunks not be ruined for what they had paid, because thrown into a deep bole under the gallows. they were compelled to pay the legacies by Their heads were afterwards set upon poles on law; but that a proviso might be added to the the top of Westminster-Ilall." Gesta Britanbill concerning it. Sir Heneage Finch said, norum: or a succinct Chronology, &c. By sis That this bill was the prime sacrifice to justice George Wharton. London, 1667.