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impossible. But serj. Hales, being for reject- out the Judges. Some other members, spoke ing the whole Proviso, argued, That it was con- for the proviso ; but all ineffectual : for sevetrary to the king's desire, and even the Act it-ral members spoke on the other side of the self, which excepted but 20 persons for pains question, as sir Tho. Clarges, Mr. Young, serj. and penalties; and therefore moved, in order Littleton, Mr. Bodardo, and Mr. Briscoe, who to cement all differences, to reject it. And said, Such rigour would confound ihen, whereMr. Young saying, That though he was not as mercy would convert them. To which Mr. concerned in the proviso, yet he was against it, Goodrick, on the same, argued, That the rebecause it was against the king's desire. Mr. tunding would be to some a greater punishThomas concluding, That this ought to be laid ment, than to be one of the 20 excepted peraside, and to take another sometbing like it. sons; and that all the soldiers were included: At last the proviso was ordered to be laid a- and, lastly, sir Anth. Ashley Cooper closed side. But this debate begat another, for col. the debate, with saying, He might freely speak, White imunediately moved the house, That any because he never received any salary; but he Proviso brought in, read, and nobody owning luoked upon the proviso as dangerous to the it, miglit be laid aside. This was seconded by peace of the nation; adding, That it reached col. Shapcot and sir George Booth. Mr. gen. Monk, and admiral Montagu, after the Knightley was for owning of it the first time of house had given them thanks, and thousands reading it ; Mr. Stevens, to subscribe their besides. Ön all which the question being names; Mr. Trelany, to cast it out the first called and put, Whether the Proviso should reading, if none spoke to it; and though Mr. stand or be laid aside, the house divided, when Charlton argued, That if the gentleman that the numbers were, for standing, 151, for the brought in the Proviso be out of the house, and latter, 181. no one speak to it, then to reject it, yet no The last Proviso offered this day, was against Order was made on this motion, says the Diary, such as shall not take the Oaths of Allegiance nor is there any such thing in the Journals. and Supremacy; to which Mr. Turner added,
The commons resuming the affair of the Bill • or shall refuse them.' A great debate folof Indemnity, another Proviso was offered; the lowed on this also, many members speaking debate on which was stronger than any we for and against this Proviso. The most rehave yet met with ; lasting, as the MS. says, markable on each side were these, Mr. Treabove two hours. Col. Jones spoke first, very
vor, in behalf of the
ists, said It was not strongly, to it, in every particular. This Pro- fit to make an Oath the price of pardon, viso was to cause all Officers, during the Pro- | Mr. Barnfield was for not imposing the oaths tectorate, to refund their salaries. Particularly so rigorously; for then, he said, they would aimed against Mr. Prideaux for the post-office; force persons, for saving their lives and estates, likewise against the High Court of Justice men, to damn their souls. Mr. Knight moved to the Council and Committee of Safety, commis- leave out the Oath of Supremacy, and then sioners for excise and customs, the trustees none would stick at the other. Mr. Hollis for king and queen's lands, dean and chapter's moved to consider more of this motion, and commissioners, with all those that were com- to be very tender in imposing oaths; asking, missioners of sequestrations,or concerned in the Whether this was intended to destroy all CaPrize-Office. This motion was seconded by tholics, which it would infallibly do ; that he Mr. Prynne, in all its articles; who said also, was as much against Papists as any man, but That he knew those persons had received above thought this Proviso was better laid aside.250,000l. for their iniquitous doings, and There were many advocates for the motion; therefore moved that they might be made to re- on which side sir Win. Morrice speaking, said, fund it. Col. King spoke on the same side There seemed to be something lay bid in the very warmly, saying amongst other things, It opposition to it: which words Mr. Hollis took was fit such spunges should be squeezed.--But exception at, because he had spoken against this motion for refunding met with a very warm it. On the whole, this proviso was rejected, repulse. Sir Tho. Widdrington was the first without a division. who pleaded strongly against it. He ended his July 6. Another warm debate took place arguments by saying, That if he was included on a Proviso offered to the Bill of Indemnity, in the Proviso, he had much better have been which was, To question any Attorney or Soliwholly excluded the Act. Sir Heneage Finch citor, that acted for the Protector, or in any said, That most of these complaints were al- high court of justice. This was first spoken ready named in the Act, and particularly to by Mr. Prynne, who was for questioning Accountants excepted, but not their heirs, them, and then to leave them to the law for which this proviso would include. Mr. Stevens recovery of damages. Several members spoke said, That those were not accountants, but against this proviso to have it laid aside: till might be included in the proviso notwith- Mr. Charlton moved not to reject it, but to standing the Act, if some little amendments amend it; and particularly moved against one were made in it. Mr. Charlton said, The pro- Mr. Ellis, who was solicitor at Dr. Hewitt's viso might be amended, and moved that it Trial. Col. Shapcot spoke against the proviso, might stand. Sic Wm. D'Oiley was also for and in favour of the Solicitor, and said, Dr. receiving the proviso, but to refer it to two or Hewitt did not refer bimself in time to the three persons to word it better, and to leave court; for sentence being once given, the solicitor told the doctor the court could not one le tter of the Bill made good the title of it; hear biin tben: to which Mr. Raynesford an- that the Religion of our church was not to swered, in behalf of the Solicitor, That be seek, but we have enjoyed it long; and therenever sat in court but one day, and never fore should not now be inquiring for it. Howsaid any such word as was laid to his charge. ever, he moved this should be referred to an To which Mr. Grey added, That he heard Dr. Assembly of Divines, for which they ought to Hewitt
say, If any judge or counsel would say petition ihe king; for he knew no law for alhe ought to plead, he would have done it. At tering the government of the Church by Bishlast, the question being put, Whether the Pro-ops. And, lastly, as for liberty for tender conviso should be laid aside, the Speaker gave it scien ces, he said no man knew wbat it was. for the Ayes; but sir Rob. Brook said the Mi: Prynne spoke very honestly and pasNoes had it; upon which the house dividing, siona tely for the paragraph in the Bill; and sir Tho. Widdrington said, There were two concluded with saying, The determination of gentlemen gone out. Several motions ensued the Sivnod must be confirmed by the king and on this, to divide the house notwithstanding; parlia ment. To whom. and after that it took up an half an hour's Sir Heneage Finch again said, That the debate, Whether the Ayes or Noes should go origin al of the paragraphi was from Cromwell, out; but the Speaker saying the Ayes should, and be did hope they would not caut after although several old members in the house him; but that, if the faith grounded upon said the contrary, their numbers were 138 for Script ure, and the discipline according to the the Proviso, and 163 against it; so that this also laws, 1 vere put in the paragraph, he then would was laid aside.
give h is consent to it. Debate in the Commons on Religion.] July Sevo :ral more members spoke, till at last it 9. The grand committee for Religion sat ac- was moved to adjourn it to another time, which cording to order; the debate on which we was opposed by others; and the committee shall give at large, from the MS. Diary, ob- sat an hour in the dark, before candles were serving, that now was the contest whether the suffered to be brought in, and then they were Presbyterian Church Government, or the twice blown out, but the third time they were Church of England formerly established, should preserv ed, though with great disorder; till at reign.
last, ad ds our authority, about ten at night it Sir Trevor Williams opened the debate, by was vot ed, “ That the king should be desired moving for the established Religion, according to conv. ene a select number of Divines to treat to the 39 Articles ; which he said was not only concern ing that affair, and the committee not according to the Old and New Testament, but to sit ag ain till the 23d of Oct. next." was as much as all that own Christianity pro- The i Ict of Indemnity passes the Commons.) fess. Several members after him spoke for July 11. This day the long-expected Act of and against this motion; as, Mr. Gower, Dr. Indemni ty passed the commons; it was intiClayton, col. King, Mr. Broderick, Mr. Ste- tuled, ' An Act of free and general Pardon, vens, and Mr. Throgmorton; who said, All Indemni ty, and Oblivion;' and was ordered to Protestant Churches did profess according to be sent up to the lords. the Scripture, and moved that the 39 Articles Debat e on the Bill of Sales.] Another Bill should be inserted in the Bill. Lord Richard- of great consequence had been brought into son and sir John Northcot, for the same. the com ions, and read once, called, * A Bill
Serj. Hales said he was for the 39 Articles; of Sales..! This was to consider the cases of but thought it not fitting to join them with the those who had been purchasers of the king's, Old and New Testament, in the same para- queen's, and church's Lands, during the late graph, but in some other.
times of plunder and devastation. And this Mr. Broderick was for the Articles ; saying, day the si iid Bill coming to be read a 2nd He had often conversed with those of several time, a Debate arose, of which the MS. churches abroad, and that all professed Reli- Diary give s this abstract :-It was opened by gions were according to the Scriptures; and col. 'Jones , who moved the house against moved for a National Synod.
those who had bought the king's Lands and Lord Falkland spoke on the same side, and Woods, as also of Deans and Chapters ; to said, It was not fit to debate the whole Bill in examine wh: it money the purchasers had paid that house, but to leave the doctrinal part to a for them; bi 'it to consider the Soldiers under Synod.
general Moni k at the same time. A Petition Mr. Peckham was not for altering our Reli- from the pur chasers 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 A inth. 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 recei ve Petitions. and therefore moved for a Synod in this case, Mr. Palmer spoke very high and excellently lest, going further, they should be like little against the whole Bill; and moved that the boys, wbo, learning to swim, go out of their king's Lands, as well as those of others, should reach and are drowned.
be restored to t hem implicitly. Sir Heneage Finch spoke most excellently Sir Tho. Wrof h seconded this motion, and concerning this subject, and said, That not said, That, as to his own case, whatever he had bouglit, he did freely give back again, they should prevent thein, and give her it themthough he had paid 18 years purchase for them. selves.-Upon the whole, it was ordered, That'
Mr. Prynne said, That no compensation all the king's and queen's Lands, Rents and should be made to those who had bought the Profits, be left out of the bill; and to be king's Lands; that it was against tbeir oathis referred to a grand committee of the whole to suffer it, except to those who were anticut house. tenants, wlio bad bought the same in order to General Monk created Duke of Albemarle.] preserve themselves and titles; and, in that July 13. The lord-chancellor informed the case, to petition the king: also to consider house of lords, That his majesty bad conferred those who bad purchased land in and about the bonour and title of Duke of Albeinarle on Westininster, which then was worth nought; the lord-general Mouk; whereupon the house but, baving now built fair houses upon them, ordered, That he should be introduced between the rents amount to a considerable value, and the duke of Buckingham and the marquis of will be so for the future.
Winchester, the loril great-chamberlain, withMr. Goodrick spoke also for the old tenants out robes, Gaster, king at arms going before that were forced to buy or be turned out, him. Being thus brought in, be delivered his and to comunit the bill. Mr. Barton and Mr. patent, on bis knees, to the lord-chancellor, Gewen for a commitnient also; but the former who delivering the same to the clerk of parliawas not for confirming any Sale to those who, ment, it was publickly read; after which Garter sat after 1648, or lligh Court of Justice men : king at arms delivered back the patent to the the latter urged, That it was the king's interest lord-general Monk; who, by this grant from to have the bill committed. Whether it was his majesty, was created • Baro de Potheridge, that this last assertion stirred up the zeal of Beauchamp et Teys, comes Torrington, et Dux another member, or from some other cause, Albemarliæ.' The ceremony aforesaid being
Mr. Calmady moved to have the bill cast ended, the duke was placed, by Garter, beout; or else, if they would commit it, to com- tween the duke of Buckingham and the marmit it to the necessary-house above. Which quis of Winchester. The lords ordered also, motion, as it might properly enough be called, That the lord great-chamberlain and the lord Mr. Annesley rebuked, as unbefitting such an Berkley should wait upon his majesty to give assembly.
him Thanks, from that house, for the bovour Mr Stephens argued against the bill, saying, he had been pleased to confer on the duke of That they ought not to encourage evil-doers; Albemarle; and that he be added to the combut, instead of confirming estates, to punish mittee of privileges. the purchasers : he moved also for an act of Debate in the Connons on Religion.] resumption, wherein they were to be left to July 16. We have already given, from a the king's mercy; but was for committing MS. Diary, the substance of a debate op Relithe bill.
gion, by a Committee of the commons apMr. Knight was against it; saying, He could pointed for that purpose. The saine authority not in conscience consent to it, as he should gires us another, which happened this day. answer at the day of judgment.
Sir John Northcot, began the debate, hy Sir Anth. Cope would have all persons in the speaking very highly against Deans and Chaphouse to initate sir Tho. Wroth, and restore ters ; but spared the Bishops, saying, The their purchased Lands; which, he said, would former did nothing but eat and drink and be a good example to others without.
rise up to play,' or something worse : upon Mr. Lowther was against the bill; saying, which Mr. stood up and reproved him; The old proverb was, That he that eats the but he was justified by sir Walter Erle. king's goose should be choaked with the fea- Mr. Prynne said, He could not be for thers, and that lie was against the bill by rea- bishops, unless they would derive their power son of his oath.
from the king, and not vaunt then selves to be Sir Tho. Meres desired the house not to Jure Divino. have a greater care of the king than they had Mr. Walpole was for putting the question, of the church ; and said, The purchasers had which was the Protestant Faith, according to already paid themselves ; and moved for re- the scriptures and the government of die sumption and a grand committee.
Church, and according to law. Several members were for committing the Mr. Knightley was for the clergy in general, hill ; the last to have all major-generals and saying, Thc faults of private persons ought not rumpers excepted out of the bill : not one to make thic function criminal. member speaking directly in defence of it, Sir Tho. Viddrington said, The question, as except sir Tho. Widdrington, who might be a it was, was not for a committee, or even a parperson deeply interested in its consequences.- liament; but moved to make two questions Lord Falkland moved the house in behalf of of ic. the Queen, and to refer her case to a com- Mr. Grove said, The question was complimittec. Sir Geo. Ryves spoke also in behalf cated, and desired that the first part might be of the Queen, and against the Purchasers ; put; adding, That the king was then consulting and said, It was not fit the French, who all with divines about the discipline of the Church. this while dorst not demand the Queen's join- Dr. Clayton said, That discipline was as neture, should now be suffered to do it; but that cessary with doctrine, as life in a natural bodý, Vol. Iy.
Mr. Stephens said, The first part of the ques- ther was it ripe enough now to handle tbat tion they should all agree in; but, for the subject; and moved that this debate be now second, not to anticipate the king, who was, laid aside, and the whole committee adjourved at that time, consulting about it.
for 3 months.--After 7 hours de bare, about 10 Mr. Howard, argued for the whole question. at night, it was at last agreed to refer the He said, That as monarchy had been so long matter to the king, and to such divines as he interrupted by rebellion and faction, so had should please to chuse; and, to adjourn this episeopacy by schism and heresy; and that no Committee to the 23d of October next. one that spoke against episcopacy offered any The Earl of Bristol's Speech on the Bill of thing better.
Indemnity.] 'July 20. The lords adjourned Mr. Young was for dividing, and not to mix themselves into a committee, to consider of the the doctrine and discipline together ; yet, he Bill of Indemnity; and, after some time, the said, he was for episcopncy, though he did not house was resumed, but no report was made ibiok it an article of faith: and urged the of their proceedings therein as yet. At the king's Declaration for tender consciences for- same tiine, the lords received a quickening merly, and his present endeavours for settling Message from the commons to basten the disof peace amongst all people.
patch of that Bill; and another for ConfirmaSir John Temple argued for a division of the tion of Judicial Proceedings : alledging these question, saying, the former discipline was the two reasons for it, That, unless the latter Bill occasion of their former troubles ; and moved be passed, there can be no Assizes kept, tho' for a synod.
they are appointed; and, unless the former be Col. King said, That no man could tell what the same, the animosities of the people will be the discipline according to law was; and increased, and thereby the peace of the kingtherefore inoved to divide the question. dom greatly disturbed.-On the receipt of this
Mr. Throgmorton spoke highly for Bishops, Message the lords went again into a committee saying, That, except Scotland, there was on the Bill of Indemnity; and the house bescarce any Reformed Church but what had | ing resumed, the lord Roberts reported the Bishops.
opinion of the committee was, That all those Mr. Bunckley said, He thought a moderate persons who gave Sentence of Death upon the episcopacy might take in the good of both late king, or signed the Warrant for his mure parties; and urged the king's present incli- der, shall be excepted out of the Bill of Innations and endeavours for it: that episcopacy, demnity: and, that to know who those persoas in its extent, was more boundless than mo- are, the original evidences shall be desired narchy ; adding, That some of the Bishops from the house of commons for their lordships gloried in putting down all lectures in a information: which opinion the house concountry, and it was a fault to preach twice a firmed.-- In the debate, this day, on the above day; but concluded, That government by Bill, episcopacy, if circumscribed, was to be wished; The Earl of Bristol* addressed their lordand moved to divide the question.
in these words : “ My lords; Being to speak Sir Heneage Finch said, The first part was unto your lordships somewhat more extendedly not to be put singly, after 140 years practice. than what is my use, and upon a subject
Sir John Talbot said, Those that formerly wherein there may be, perhaps, not only difdesired to hasten the Settlement of Religion, ference, but even fervour of opinions, I find now strove to obstruct the question.
myself obliged, by somewhat that happened to Sir Gilbert Gerrard said, He could not give me here the other day, to beg a favour of your bis vote for the question, until he knew whether it was against the Covenant. This was * London, printed in the year 1660. “The scconded by col. Shapcot, who argued, That earl of Bristol was a man of courage and learnmany things in the Liturgy might be amended; ing, of a bold temper, and a lively wit, but of and hoped that men would not be imposing on no judgment nor steadiness. He was in the other's consciences : that he was not against quceu's interest during the war at Oxford, Bishops, but their power; and moved to divide And he studied to drive things past the possithe question.
bility 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 inight so sure to the king, as his being sure to them, not be pur at present, be ause the king was in and giving them hopes of sharing the confisconsultation about it.
cated estates among them, whereas, he thought, Mr. Bunckley, again, was now for laying the all discourses of treaty made them feeble and whole question aside; because, he said, If it fearful. When he went beyond sea he turned was put and carried, all ministers made since Papist. But it was after a way of his own : 1648 would be abolished.
for he loved to magnify the difference between Sir John Northcnt again moved in behalf of the Church and the Court of Rome. He was the ministry, and said, Many of those who were esteemed a very good speaker; but he was ordained by Presbyters, were active in bring- too copious, and too florid. He was set at the ing in the king.
head of the Popish party, and was a violent Sir Anthony Ashley Cooper said, Our Reli- enemy of the earl of Clarendon." Burnet, zion was too much mixed with interest; nei- vol. i. p. 101.
Jordships, that, if I should chance to err in proceed immediately to the passing of this Bill, forms and orders of the house, or that there with little or no alteration. This, niy lords, should slip from me, unawares, any expression may appear a surprising motion from a person that may be dissonant to the ears of those who thought to be, as indeed I am, as much inunderstand better than I the force and pro- flamed as any man living with indignation at priety of words, you will not be severe unto the detestable proceedings of the late usurped me; but be pleased to consider, that I have power, so pernicious to the public, and so inbeen 10 years out of my country, and in a pro-jurious to my own particular; in whom the fession far different from what I am now a- motion may seem yet more surprising, when I doing: in confidence of this indulgence I shall shall have told you, with truth, that I am irproceed.-My lords; you have bere before reparably ruined in my fortune for my loyalty, you, in this Bill of Indemnity, the most im- if this Bill of Indemnity to others for their portant business that, perhaps, the house of disloyalty, should pass as it is bere offered peers hath at any time had in deliberation; it into your lordships: but the ground I go upon is that upon which the honour or eternal re- is this received maxim, as to all public savcproach of the nation abroad, and its happiness tions, Better a mischief than an inconrenience; or confusion at home, seems (next under God's yea, better innumerable mischiefs to particular inscrutable providence) most principally to de persons and fanilies, than one heavy inconvepead : for, on the one side, how abhorred a nience to the public.-My lords; I profess nation must we be to all others, if the infamy unto you I find myself set on fire, when I think of our sovereign's murder should not be that the blood of so many virtuous and merithoroughly washed away, by justice, in the lorious peers, and persons, and others of all blood of the guilty? And, on the other, what ranks, so cruelly and impiously shed, should bappiness or quiet can we hope for at home; cry so loud for vengeance, and not find it from nay, what new combustions ought we not to us. That many of the wickedest and meanest apprehend, if the criminal and the misled, (be- of the people should remain, as it were, retween whom the eye of the law can make lit- warded for their treasons, rich and triumphant tle distinction) making up so numerous a part in the spoils of the most eminent in virtue and of the nation, their fears, which might urge loyalty, of all the nobility and gentry of the them to new crimes, should not be secured, by kingdom. What generous spirit can make rethe firmest assurances of impunity: Punishing Aection on these things, and not find his heart and securing are, certainly, the two principal burn into rage within him? Here it is, my ends of this Bill; and wherein, as certainly, lords, that we sufferers have need of all our every one of your lordships doth concur; but philosophy. But when I consider that these whether the means of attaining those ends are mischiefs only to the sufferers, and that, to have been sufficiently lighted upon by the house insist upon a remedy, might perhaps expose of commons, in this Bill, that, I suppose, is the public to an irreparable inconvenience, I the present question; and wherein I think thank God I find, in an instant, all my resentmyself in duty obliged to express unto your ments calmed and submitted to my primary lordships, with freedom and sincerity, my duty.—My lords; we have here in our view a judgment, in all bumble submission unto yours. kingdom tossed, and rolling still with the ef-As for that part of the Bill which relatos fects of past tempests; and though, God be to our sovereign's murder, I find it so short, thanked, the storm be miraculously ceased, we and so inuch out of the way of wbat we owe, cannot say that the danger is, until we get into both to the severity and solemnity of that re- still water: that still, that smooth water is venge, that I cannot but think it, in some sort, only to be found in the generality's security (pardon the expression) a profanation of the from their guilty fears, and in the two bouses' due right of that sacred expiation, to handle it union between themselves, and with their soin the same Bill, promiscuously, with other more vereign. Whether the latter may not be envulgar things. My motion therefore shall be, dangered, if we should enter into controversy That there be forthwith a committee appoint- upon the particulars of this Bill, I leave unto ed, to consider of all things fit to be done, for your lordships to judge. But, certainly, as to the washing away of that stain froin the nation, the former, there can be hopes of raising moand from the age wherein we live; and to draw nies, or disbanding armies, or of settling that up an Act purposely and solely for that end. bappiness and tranquility which we all sigh for, To confidence that this motion will either be of being governed under our gracious sovereign embraced by your lordslips, or that, if it be by the antient and known laws of the land, opposed, I shall have the liberty to fortify it whilst universal fears shall subsist by the delay by my reasons, I shall set that business apart, in passing this Bill.-My lords ; I shall sum up and apply my discourse to what concerns this unto your lordsbips my whole drift in a few bill, in all other relations; in which I shall words. I think that, in this Bill, there are not make nice to tell your lordships, that I many things wanting, which solid and inthink it defective in many things reasonable, portant reasons would require to be added, and redundant in some things unreasonable; and many things inserted into it, which justice and yet, notwithstanding, not only my humble to his majesty's interest, and to particular permotion, but my most earnest pressure, as far sons, would require to be omitted, or rectified: as with humility I may, shall be, That we may, but, I conceive, at the same time, that the