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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 The King's Speech to the Lords relative to purpose, of a memorable saying of that illus- the Act of Indemnity.] This day, the King trious minister, the cardinal Mazarine, at a came down the house of lords, and made the council in the wars of France, whereupto I had following Speech to them : the bonour to be called. It was, That in the “ My lords : When I came first hither to great affairs of the world, he bad not known you, which was within two or three days after any thing do more hurt than these two words, I came to Whitehall, I did, with as much earfaisons mieur, let us do better: for, said he, nestness as I could, both by myself and the whilst good wits endeavour, by debates, to chancellor, recommend to you and the house bring good councils to a greater perfection, of commons, the speedy dispatch of the Act of they do, for the most part, lose the opportunity Indemnity, as a vecessary foundation of that of timing things rightly; wbich, in great ac- security we all pray for. I did since, by a tions, is of far more importance than the pre- particular Message to the house of commons, ference, according to refined reason, betwist again press them to hasten that important good and better. Upon this ground, my con- work; and did likewise, by a Proclamation, clusion is, That that part which concerns the publish to all the kingdom, That I did with king's death, being put in the way proposed, impatience expect, that that Act should be we should proceed to the speedy passing of presented to me for my assent, as the most this Bill, without losing any time in emenda- reasonable and solid foundation of that peace, ions; but if we be destined to so fatal a loss, happiness, and security, I hope and pray for, by ravelling into particulars, I shall, in that to inyself, and all my dominions. I will not case, desire leave to ofier unto your lordships deny it to you, I thought the house of comtherein my reflections also.”
mons too long about thai work, and therefore, July 23. The lords made an Order, That now it is come up to you, I would not have the liegtenant of the Tower should examine you guilty of the same delay. I thank God, I colonel Hacker, touching the original War- have the same intentions and resolutions now rant* for execution of the late king, who soon I am here with you, which I had at Breda ; after came down to the house, and acquainted and I believe that I owe my being here to their lordships, That he had examined the God's blessing upon the intentions and resoculouel, and that he confessed he had the lutions I then expressed to bave. I will read Warrant at his house in the country, and that to you what I theu said. “And to the end he believes ii agrees with what was printed. that the fear of punishment may not engage But bis wife and family being in towni, be could any, conscious to themselves of what is passvot get it, without sending her down to fetch 'ed, to a perseverance in guilt for the future, it. Hereupon the dords ordered, That the wife by opposing the quiet and happiness of their should go into the country to fetch the War- country in the Restoration both of king, peers, rant, and that the gentleman-vsber of that and people, to their just, antient, and fundahouse should send a man with her for that pur-'mental rights, we do by these presents, depose. The lieutenant of the Tower also acciare, That we do grąnt a free and general quainted the lords, That he had asked colonel 'Pardon, which we are ready, upon deinand, Hacker if he knew the person that executed pass under our great seal of England, to the late king, and he told him be heard it was all our subjects, of what degree or quality a major, but did not know his name; but he soever, who, within 40 days after the pubwould endeavour to find it out,
The lords ordered Lists to be made ont 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 the Irish, which was broken by the great body Murder of the late king. After the reading of of them, though some few of them adhered the said Lists, an Order was made, That all still to him. But the whole Irish nation did those in the beforesaid Lists should be abso- still pretend, that, though they had broke the lutely excepted out of the Act of Indemnity; agreeinent first, yet he, or rather the king in and that all their persons should be forthwith whose name he had treated with them, was secured.
bound to perform all the articles of the treaty. July 27. The duke of Ormond t was in- He had miscarried so in the siege of Dublin,
that it very much lessened the opinion of his * For a Copy of the Warrant, see vol. ij. military conduct. Yet his constant attendance
on bis master, bis easiness to him, and his † " After the earl of Clarendon, the man great sufferings for bin, raised him to be Lord next in favour with the king, was the duke of Steward of the Household, and Lord LieuteOrmond; a inan every way fitted for a Court : nant of Ireland. He was firm to the Protestant of a graceful appearance, a lively wit, and a Religion, and so firm to the laws, that he alchearful temper: a man of great expence, de- ways gave good advices: but when bad ones cent eren in his vices, for he always kept up were followed, he was not for complaining too the form of religion. Ile bad gone through much of them." Burnet, vol, i, p. 95.
• lishing hereof, shall lay hold upon this our sing this Act--I hope I need say nothing of grace and favour, and shall, by any public | Ireland,and that they alone shall not be withÀCI, declare their doing su: and that they out the benefit of my inercy. They have
return to the loyalty and obedience of good shewed much affection to me abroad, and you * subjects, excepting only sạch persons as shall will have a care of my bonour, and of what I
hereafter be excepted by parliament. Those have promised to them. I do again conjure • only excepted, let all our loving subjects, you, that you will use all expedition in the . how faulty soever, rely upon the word of a dispatch of this Bill.” • king, solemnly given by this present Decla- July 28. The king came again to the house, * ration, That no crime whatsoever commit-oflords in order to pass some Bills that then lay • ted against us or our royal father, before the ready for the royal assent. The commons being * publication of this, shall ever rise in judg- sent for as usual, and come up, their Speaker
ment, or be brought in question, against any presented his majesty with two Bills; one, Por
of them, to the least endawayeinent of them, a Grant of Tonnage and Poundage; the other, • either in their lives, liberties, or estates, or for a Continuance of Excise. After which, (as far forth as lays in our power) so much he made a short speech to the king, to this as to the prejudice of their reputations, by effect : “ That it never was the custom of any reproach, or term of distinction from the parliaments to charge the people with payrest of our best subjects. We desiring and ments, until their liberties and grievances * ordaining, that henceforward all notes of dis- were first confirmed and redressed; yet, out
cord, separation, and difference of parties of the greatest trust and confidence that ever • be utterly abolished among all our subjects, subjects had in a prince, the house of comwhom we invite and conjure to a perfect mons did now go out of their old way, aud
union ainong themselves under our protec- had now supplied his majesty's necessities with . tion, for the re-settlement of our just rights the greatest gift that ever prince of this king. and theirs, in a free parliament; by which, dom had ever given bim by his people.”—The
upon the word of a king, we will be advised.' Bills where then read by the clerk of parliaMy lords, if you do vot join with me in extin- ment, and passed the royal assent. guishing this fear, which kceps the hearts of The King's Message relcasing all Arreurs men awake, and apprehensive of safety and to the Crown.] July 30. The lords continuing security, you keep me from perforining 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 will lowing Answer in writing : deal truly with you, i never thought of excepl- “C. R. His majesty is very well informed ing any other. "I pray think well upon what of the value of tliese Concessions, which are to I have offered, and the benefit you and I have pass in the Act of Indeninity, 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 froid the benefii of this Act. This mercy and that the Arrears of the wars, the Licences of indaigence 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 ihemselves, when they find we are not of Rent still in the hands of the tenants, and so to them. It will make them good subjects the other particulars, ainounț 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 bis majesty is so well safind this the securest expedient to prevent tisfied of the good affection of bis house of coin: future inischief. Therefore I do earnestly de- mons, and of cheir intentions and resolutions to sire and conjure you to depart from all parti- settle such a Revenue upon his majesty as may cular animosities and revenge, or memory of preserve the crown from want, and from bepast provocations, and that you will pass this ing undervalued by his neighbours ; that he Act, without other exceptions, than of those is resolved not to insist upon any particulars wbo were immediately guilty of that murder which the house of commons desired his mas of my father.-My lords, I have told you my jesty should release: and therefore, as his mas opinion, and I hope you will be of the same, jesty thanks the house of peers for the informaIf any persons appear of such dangerous and tion they have given him, and for the care they obstinate principles, that the peace of the have expressed of his majesty's profit, so he is kingdom cannot be preserved whilst they have well contented that that clause shall pass in liberty in it, some other course may be taken, such manner as the house of commons hath that they shall not be able to do hurt ; and I set down: and continues his earnest desire, assure you, there is nothing can enable them that all expedition be used in passing the said to do so much harm, as the deferring the pas- Act in the manner be bath 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 so accept or execute as aforesaid, shall, to all majesty's comúand, Edward Nicholas. intents and purposes in law, stand as if he or
This Answer the lords thought proper to they had been totally excepted by name in this communicate to the commons at a conference; house.-All which the lords agreed to. who immediately appointed a large commit- August 9. The lord Roberts reported from tee to sit and consider of settling such a the above committee, That it was their opiujon Rerenue on his majesty, as should maintain all those who sat in any High Court of Justice the splendour and grandeur of his kingly office, shall be made incapable of bearing any office, and preserve the crown from want, and from ecclesiastical, civil, or military, within this being undervalued by his neighbours.
kingdom, &c. And that all such persons shall Further Proceedings of ihe Lords on the be liable to such further penalties as by any Bill of Indemnity.] Aug. 1. The lords conti- future act of parliament may be inflicted upon nued to scrutinize very closely into the princi-them, not extending to life; which the house pal actors of the late King's death; and this day confirmed. col. Tomlinson, who commanded the guard at
The Commons urge the Lords again to pass it.] St. James's, and conducted the king to White Notwithstanding the diligence the lords used hall, was examined; but hy the evidence of to finish this business, yet the king and the Mr. Seymour, a member of the other house, house of commous thought them very slow in who said that the late king told him, That the the matter. This day the commons sent up colonel did carry himselt civilly towards his a Message to the lords to desire a conference majesty in all respects, therefore their lord with them on matters of inportance : which ships, because it did not appear that the said being granted, and the lords returned, the col. signed the bloody Warrant, acquitted bin, lord-chancellor made the following Report of and ordered him to be left out of the List of it, viz.-" That the house of commons desired excepted names in the Act of Indemnity. earnestly the keeping of a good correspondency The lord Roberts reported, from the com
between the two houses, and tv 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 kingdoin with Paythur Haslerig, cul. 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 bad been no such Act of Grace and Clause, wherein the aforesaid persons were
Pardon to satisty their representatives : and named in the Bill; and the question being as we had a king, exceeding bis 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 bouse 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. Indemnity, the Bill of Judicial Proceedings, Desborough, John Blackwell, Christ. Pack, one for Confirmation of Magna Charta ; and Rd. Keeble, Ch. Fleetwood, John Pyne, Rd. the subjects cannot go on in chearfully paying Deane, maj. Creed, Philip Nye, John Goodwin, their taxes, until the passing these Bills, especol. Corbet, and John Ireton, shall hereafter cially that of Indemnity, which the houses accept, or exercise, any office, ccclesiastical, have been so pressed for; first, by his majesty's civil, or military, or any other public employ- Letter from Breda, and bois Speech and Mesment, within this kingdom, dominion of Wales, sage, to give Expedition to.-And the house of or town of Berwick upon Tweed, or in Ire 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- 100,000!. 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 froin 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 barbour 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 inons desired their lordships to give all possible Life, p. 4.
expedition to the aforesaid Bills."
After the bearing of this Remonstrance, the after this, it stop only at the house of lords, the lords went into a committee on the Indemnity commons had acquitted themselves. Bill; rod, 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; especoinmittee was, That, for the more speedy cially in that against priests and jesuits : and, dispatch of this Bill, no further Addition or Ex- atter 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 tiine when the house should wait upon him by the bouse.
with this and other Bills for the royal assent. The Lordis pass the Indemnity Bill, with At the same time, the members of the privy many Amendments.) August 10. The lords council and others, who were appointed to passed the Bill of Indemnity, with divers carry up this Message, were also to represent Amendments and Alterations; and ordered it to his majesty, “ That although Acts of Grace to be sent down to the commons for their con- ever preceded Acts for Money, yet the, house currence ; as were, a few days after, the Bills of commons had such confidence and assurance for Poll Money and for Confirmation of all in bis majesty's grace and goodness, that they Judicial Proceedings.
do present the Bill for Money first, and shall Debate in the Commons, whether the Money wait his majesty's pleasure for speeding the Bill should precede the Act of Grace.] Before Act of Grace.” we proceed with the business of the house of This Message was carried to the king by lords, it is necessary to look back a little into Mr. Hollis, and others ; and, at their return, the proceedings of the commons, after they Mr. Hollis reported the King's Answer to the had sent up the Bill of Indemnity.--And, Message, which was in these words : “ That, first, we find in the MS. Diary so often quoted, if he knew his own heart, he took this kindness That, on the 27th ult, when the commons had of the house so kindly, that he knew not bow prepared the Money Bill, and it only waited to be revenged of it; and, for the confidence for the royal assent, a notion was made by Mr. they had in him, he only desired this, that they Annesley, for carrying it up; on which would retain it until he deceived them.” And
Sir John Northcot said, That his duty to his then he appointed the next day at 11 o'clock. king, and his love for his country, made a (What was then done, at the king's coming to conflict within him ; and desired the Bill for the house of lords, is already given at p. 90). Money might not be carried up before the Act Debate in the Commons on the Ministers’Bill.] of Indemnity was passed: to which
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 motions, was read a 2nd time; and on which stop the Money Bill; considering the great a long debate ensued, for which we are solely occasion the state bad for money; and moved, indebted, as well as for the former, to our rather to desire the king to quicken the lords. MS. Diary.
Sir George Dou ning said, That it was not Serj. Littleton moved against this bill, beproper to distrust the king, but to pass the cause, he said, it was to continue all scandalous Bill for Money, without making conditions with Ministers out, and not remove all scandalous him; and leave it to his majesty to basten on ones that were in. the Bill of Indemnity.-Col. King and col. Sir Wm. Wheeler was for committing the Jones spoke for sending up the Money Bill, bill, and to refer the consideration of their chaand to trust the king.
racters to the justices of the peace in their res. Mr Secretary Morrice said, That they were pective counties. afraid of their own fears ; for fear did take Mr. Palmer was for stopping all extravagant things as they might happen; that they should preaching. have charity; and charity with reverence to Sir Tho. Clarges moved against one Bond, princes; that, after having the king home a preacher, that writ a Book to justify the King's without conditions, they should not then dis- Murder, and produced the book. trust him : adding, that confidence was the Mr. Prynne moved to send for Bond; which greatest obligation ; that he had commands was ordered. from the king to speed the Bill of Indemnity; Mr. Tharland moved, that all those who but that they should shew their duty, and were to be continued, should read the 39 trust their king.
Articles. Sir Henry Hungerford said, Ile could not Sir Tho. Meres seconded this motion ;'and be jealous of his majesty, but the lords gave spoke against the Triers at Whitehall, who put great cause for jealousy, in retarding the Bill so persons of anabaptistical principles into good long; and desired the king might be moved to livings; saying, They would put any body into quicken them.
mean livings; but none but those of their own Mr. Hollis next said, If he thought the stop- bumour into a great one. ping the Bill of Indemnity, at present, was Mr. Swinfen spoke for the bill; and that meant to injure the subject, he would not open those who have now two livings may have but bis mouth for the Money Bill; but, as he one ; the present possessor to enjoy till Michwas assured the king would do, and had done, aelmas; and not to impose all the Articles all he could to hasten the Bill of Indemnity, if, upon them; but only such as concern doctrine
and not discipline ; saying, It was too grating Mr. Hungerford was for prudence and modeto the conscience. He moved also to bring ration, and committing the bill. the Bill in again by a committee speedily. Mr. Thomas was for none to have the benefit
Sic Heneage Finch said, The Bill was not of their livings that would not conform to the brought in according to the Votes of the com- law; nor that justices or commissioners should mittee; and moved against all such Ministers be any judges of this business, but refer all to as will not conform to the laws of the land ; the law. saying, They could not punish the papists with Mr. Stephens, was for restoring the orthodox, avy justice, if they did not punish their own and against the scandalous ; saying, Ile knew Ministers for refusing to be regulated according one that said, • The Devil take the tlock so he to law. He added, That there was not a linc had the fleece;' and was for having six ortbodox in the Bill which provided against the scan- divines to join with the commissioners. dalous, who were then incumbents; but that Mr. Barton was for baving all to take the there was one against the ejected, and against Oathis and read the Articles, but none to stay those also who had two bencfices. Lastly, he in that would not conform to the law ; also io moved against all those Ministers who were have some divines joined to the commissioners. presented against the consent of the patron, The Indemnity Bill sent down by the Lords and were allowed to have grace but no alle- to the Commons: Their Debate upon it.) giance : not to confirm any such ; nor abate August 11. After a long debate, the Bill of one of the 39 Articles, or the Oaths, to those Indemnity was brought down from the lords that should stay in, but to leave them to their with several Amendments and Alterations. several patrons to be prosecuted according to The commons went immediately upon it; and, law.
first, voted to agree with the lords for parMr. Prynne was for all Ministers to take the doning the Arrears of Papists on Sequestration, oaths ; but their presentations to be good and Mr. Thurloe. Upon the lords excepting throughout, though not by the right patrons, in all the King's Judges, sir George Booth stood times of trouble.
in behalf of those who came in upon the Sir John Masham was for setting aside the Proclamation: he produced two Papers in whole Bill, or bringing in another; saying, favour of the lord Grey of Grooby, to testify his That it was needless, or unjust, to confirm penitence for his being against the king, and those persons in their livings against the pa- moved to have his name left out of the Bill. trons; and, having voted the king all his lands Col. King moved to agree with the lords in and appurtenances, this confirmation would excepting all. Sir John Bowyer was for adcontradict that act.
bering to his former vote.
Sir Heneage Mr. Allen was not for taking care of the Finch was not for adhering wholly, nor for agreepatron if he neglected to present within six ing; but, to salve all, he was for banishing months ; but, if he did, he said it was fitting those who were not executed. Sir Anth. Irby there should be care taken to name very choice moved for a conference with the lords, conmen, in the respective counties, to examine the cerning those that surrendered. Mr. Annesley matter, what sort of men they presented. was for adhering to those that came in, and
Sir John Bouyer said, There was before the a conference for the rest. In the end, it was house what was fit and what was just to be voted to adhere to those that surrendered. done ; that he was for the just ; and moved Aug. 13. The debate was re-assumed. The for the Oaths and the 39 Articles to be taken house agreed with the lords in pardoning sir and subscribed by all priests ; but moved, Gilbert Pickering and Tho. Lister, esq.; and more especially, against those who were instru- for the other 24 in that classis, it was carried mental against the king.
to adhere to their former l'ote about them, Mr. Trevor spoke next, for mixing prudence as to pains, &c. Voted also, To agree with with justice, and restoring all those who were the lords to except col. Hacker for life ; which truly deserving to their benefices : but yet to they had added to the Bill. A question was consider those who are in, that were as de- put, Whether to agree with the lords in parserving too. He moved also against patrons, doning Mr. Lenthall, and the other 15 in tbat pro hac vice, and said, There was no provision classis, the house divided upon it; when the in the Bill against those who are scandalous, Yeas carried it by 197 against 102.-- Another and were then in.
question was then started, Whether to agree Mr. Charlton spuke against the referring the with the lords about the excepting of Lambert, Bill to a committee, but to refer it to the law; Vane, Haslerig, and Axtell, or to adhere to so as to let every man then in possession con- their former Voie, as to pains and penalties tinue so, if he can prove the right owner scan- not extending to life ; voted to adhere. Col. dalous ; but, if he do not, then to be liable to Scrope, whom the lords had also excepted, arrears. He hoped the house would not be was voted to come off for a year's value of his more cruel than Harry 8ih, who allowed his estate. Col. Wauton, with the others of that turned-out priests maintenance for their lives; classis, whom the lords had condemned for and therefore moved for all arrears of fifths life, the commons reprieved for pains and peonly to be restored ; but that no one man that nalties: but then they voted, "That all the was a Trier, and had a living then given him, foregoing persons, as well as those who sat in should enjoy it.
any high court of justice, should never bear