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rate perpetual, as this must be. Sir George Reeves was rather for regulating the Court of Wards, than burden the people with taxes. Sir John Frederick for laying it upon the land, which ought to pay it.-Upon the whole, it was resolved to adjourn the debate till the 21st instant.

Resolutions against Mr. Drake's Book.] Nov. 20. Serjeant Raynesford reported that the committee appointed to examine Mr. Drake's Book had come to the following Resolutions: 1. "That the pamphlet, intituled The Long Parliament revived,' &c. is seditious in those particulars which were alledged at the committee. 2. That the house be moved to order, that the said Pamphlet be publickly burnt by the hands of the common hangman. 3. That the house be desired to appoint a committee for the drawing up an Impeachment, in the name of all the commons of England, against Wm. Drake, for penning and publishing of this seditious Pamphlet, to be presented to the lords. 4. That the house be moved, That the said Wm. Drake may be kept under such restraint, that none may have access to speak with him."

Debate thereon.] The MS. Diary tells us, that sir Edw. Massey presented a Petition to the house, from Mr. Drake, acknowledging his faults as a rash and inconsiderate action; that he had ever retained his loyalty, and humbly begged the king's pardon and the favour of the house. Sir Edward spoke also in his behalf, saying, That he looked upon him to be distempered, and therefore desired the favour of the house for him. Mr. Secretary Morrice said, That punishment in the Greek was the same as example, and that he ought to be made one, because he did not own their power; and moved to agree with the committee. Captain Titus spoke highly in his favour, saying, He did not think him infallible, though he knew him to be extremely loyal; but he wanted that temper of mind which he ought to have; and added, that his former merits should compensate for his present slip. Lord Falkland was for condemning him first, and then leave him to the king's mercy. Sir Harry North said, It was true he had been loyal, but did not know whether he was so then; and was for agreeing with the committee. Mr. Hyde moved to examine him again, whether any one saw this Book, and approved it before it was published, and was for agreeing with the committee. Mr. Palmer was for making him an example. Sir Heneage Finch said, The price of the book was raised, and that every one hoped all would be turned up-side down again; that the burning the book was too tame a punishment; that no man had merit enough to expiate the setting the kingdom in a flame again; and moved to agree in all with the committee. Mr. Annesley said, He did agree that the Book was seditious, but the man repented of it, and had formerly merited; that it was hard to ruin a man for the first fault, and moved to forbear a while

the severity of his punishment, but to burn the book. Sir John Northcot said, It was not safe nor honourable for them to spare him; and moved to agree in all with the committee but the imprisonment. Mr. Howard, That, he was a person who was writing a Mene Tekel' upon the wall against thein, and that they would not so much as rap him upon the fingers; that he ought to be severely punished, by being tied up to the gallows, whilst his Book was burning below it; for if he, being a friend, wrote in that manner, what would their enemies do? Sir John Potts moved to have him make a public recantation whilst his book was burning. Mr. Knight, to make an example of him, notwithstanding his former merits.-At last Mr. Harris moving to put the Resolves of the committee, singly, to the question, it was voted, nem. con. That the Book was seditious; that an Impeachment be drawn against Mr. Drake; and that sir Heneage Finch go up to the lords with it, the next morning, and carry the Book along with him.-But though this prosecution against Mr. Drake was ordered in so warm a manner, we do not find that the commons made any great haste in it. For, though the Impeachment was brought in, read, and ordered to be ingrossed, on the 26th instant, and the manner of presenting it to the lords ordered to be considered of on the 29th, we hear no more of the matter till the 4th of the next month, when the Impeachment was actually sent up to the lords by the lord Falkland; as will shortly be seen.

Further Debate on the Court of Wards.] Nov. 21. The commons went again on the business of the Court of Wards, when sir Heneage Finch opened the debate, by moving, That the annual Income to be settled on the king, in lieu therereof, might be raised by an Excise on Beer and Ale, and to take away Purveyance also. And that half of this Excise might be settled for the king's life, and the other half for ever on the crown. This motion was secouded by Mr. Bunckley and Mr. Pierepoint; but sir John Frederick, Mr. Jolliffe, sir Wm. Vincent, Mr. Annesley, and some others, spoke against it. The last-named gentleman saying, That if this bill was carried, every man who earns his bread by the sweat of his brow must pay Excise, to excuse the Court of Wards, which would be a greater grievance upon all, than the Court of Wards was to a few. Sir A. A. Cooper spoke against the Court of Wards, and for the Excise. Mr. Prynne, against the Excise, saying, It was not fit to make all house-keepers hold in capite, and to free the nobility: and inveighed pas sionately, says the Diary, against the Excise; adding, That those Lands which ought to pay, being held in capite, should pay still. Mr. Bamfield said, He was against an everlasting Excise, and for laying the tax on lands in capite. Mr. Bainton also was against an Excise, saying, If it was carried so, they might expect that, one time or other, there would be some strange commotions by the common peo

ple about it; that he was rather for keeping | ference in the Painted-Chamber, about a Mesthe Court of Wards, regulated in its proceed- sage they received yesterday from his majesty ; ings, than submit to an Excise, which, 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 hath 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 commons 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 Rate it was now levied, shall be settled but the important business of the house not on the king's majesty, his heirs and successors, then permitting, the lords had therefore desired in full recompence and satisfaction for all this conference 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 satisfaction of all Purveyance. Resolved also, That the further consideration of settling a Revenue of 1,200,000l. a year, on the king's majesty, be adjourned to the 23d instant."

Message from the King concerning a Dissolution.] Nov. 22. The commons received a Message from the lords desiring a present con

"C. R. In consideration of the season of the year, and the approach of Christmas, when members of parliament will desire to be at their houses in the country; and, in regard of his majesty's Coronation within a month after Christmas, the preparation for which will take up much of his majesty's thoughts 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 intitled 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 had 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 moiety on the king for crown a recompence for it; 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 300,000l. 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 have 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 other 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, having the negative, which enraged them to such a taken great pains in settling a new Rate, at degree, that, the next day, a Message was length agreed upon one, and reported it to the sent to the house, to let them know they were house, and 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 on 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 inwhat 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 success of their proposal: hereupon the court resolved to push for the settling of the whole Excise, and by threatening privately the mem

was the dilemma the court had brought them to, and accordingly it was granted before that session ended." See APPENDIX to the present Volume.

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therefore should be vacant from other business, his majesty hath thought fit to declare, That he resolves to dissolve this parliament on the 20th day of the next mouth, and to call another with convenient speed; and that this his purpose may be forthwith communicated to his houses of parliament, that they may the more vigorously apply themselves to the Dispatch of the most important business that depends before them. Given at our Court at Whitehall, the 20th Nov. 1660."

resolved, "That it be referred to the Committee for his majesty's Revenue to state the several particular Heads from which the yearly Revenue of 1,200,000l. for his majesty is to arise; and to prepare Bills, as they shall find necessary, for the settling and making the same effectual, and to report the whole to the house:"

Debate on the Lord's Day Bill.] Nov. 28. Two religious Bills were read a 2nd time, one against the Profanation of the Lord's Day, the other against profane Cursing and Swearing, &c. Sir John Masham spoke against the former, and was for throwing it out, not being satisfied which day in the week was the Lord's Day, that ought to be kept holier than the rest, but said, It was novelty. On which Mr. Prynne got up and spoke for the Bill, alledging several reasons, and vouching divers authorities for the antiquity of the custom. Sir Ralph Ashton moved, That the Speaker should reprove sir John Masham, for what he said relating to the Sabbath. Sir John said, He spoke against the bill only because it was a transcript of one in Oliver's time, and therefore he could not consent to any thing that was done by him. To which sir George Booth answered, That the Devil spoke Scripture sometimes; and moved for both the bills to pass; which was ordered accordingly.

Debate on the King's Declaration concerning Ecclesiastical Affairs.] The same day, a Bill for making the king's Declaration touching Ecclesiastical Affairs, effectual, was read a first time; on which a long debate ensued, which we give also from the MS. Diary.-Sir Allen Broderick moved to lay the bill aside, saying, The king would suddenly call a new parliament, and with them a Synod; and moved to let this alone till then. Mr. Stevens was for having the bill read again, as it would not stand with the honour of the parliament to lay it aside. Sir George Reeves was against the bill, and to be satisfied with the king's Declaration. Sir Clement Throckmorton said, That the bill gave too great a toleration, and made the Bishops no more than vox et præterea nihil.' Mr.

Further Debate on the Court of Wards.] Nov. 27. The state of the King's Revenue, and the Settlement for the Court of Wards, was again taken up. Mr. Prynne began the debate, by moving the house to consider, first, what legal things might be offered to make up the king's Revenue, before they fell upon the Excise; and named the Customs of Ireland and Scotland, the Post-Office, and several others. Sir George Downing said, The Customs did not amount to 400,000l. a-year; and, for the improvement of the King's Parks, there were divers grants made by the late king to his servants, which were then claimed; so that those could not be valued till they were surveyed and settled; and therefore moved to settle the other Moiety of the Excise upon the king. Col. King and Mr. Boscawen moved for inquiring into the state of the king's present Revenue first, and what was wanting there, before they voted an addition. Serj. Charlton said, It was scarce possible to know exactly the value of the king's Revenue, and therefore moved for putting the question for the Excise. Hereupon, an Estimate was read of the value of the king's Revenue; which, by computation, came to 819,000l. odd money. To this col. Birch said, That, by his computa tion, he could not make it amount to more than 110,000l. and therefore moved to refer it to a committee to examine. Sir John Northcot said, The king's Revenue was under-rated; and moved that the Excise might be settled in full for the Revenue. Sir Heneage Finch said, It was not material whether the words in full,' or in part,' were inserted, and moved for the question; which being called for, 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 had the faculty of the king during his life, in full of the 1,200,000l. 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 origi settling a Moiety of the Excise of Beer and nal of our constitution. He was capable of Ale on his 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 time 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. seemed to have no regard to common decen3. That the Committee for his majesty's Re-cies, but sold every thing that was in his power: venue be revived; and that they do meet, de and sold himself so often that at last the price die in diem, in the Queen's Court." fell so low that he grew useless." Burnet, vol. i. p. 97.

On a motion of the lord Valentia, it was

Bunckley said, That without a bill the Decla- parliament. Sir John Masham 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 altered. He produced a Book, printed in king's intention was for a settlement of Reli1641, 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, he said, they could not better make an excellent law: he thought not, giving deserve, than 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 boso 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 remove 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 much 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 sick 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 laying it aside.-Mr. Young said, He had rather the bill had never been brought in, than that it should now be laid aside; that the Ceremonies of the Church were not of that great weight, as to embroil us again in a new war: but that some indulgence ought to be given to such as had ventured their lives for the good of all. He said, he could not hope for any benefit to be had by a Synod, because the spirits of the clergy, for their late sufferings, would be much higher in resentment than the minds of the house were there; and moved for a 2nd reading. Sir Solomon Swale spoke against the bill, but for the Declaration, saying, That since the government of the Church was despised, how were they fallen into confusion? And moved, that the laws established might suffice, and not frame this into a new one. Mr. Bodarda said, The king, by his Declaration, having desired an indulgence, he hoped they would not resist it; and therefore he moved the bill might pass, till the first session of the next

Bruce said, They might as well make every act of grace from the king into a law as this, which he was utterly against; and moved to adjourn the debate. Serj. Maynard concluded this long debate, in saying, He was against passing the bill, because it gave too great a liberty, yet would not seem to reject it by a vote, because the king's Declaration, on which the bill was built, was so pleasing to every one. He moved rather to put the question, Whether the bill should be read a 2nd time? The house dividing upon it, the numbers were 157 for, and 183 against, a 2nd reading.

Debate on the Restitution of the Title of Duke of Norfolk.] Dec. 3. The bill for the Restitution of the Earl of Arundel, &c. to the Title of Duke of Norfolk, was brought from the committee to whom it was referred, unaltered, and was read a 3rd time.

The MS. Diary informs us, that Mr. Stevens spoke very earnestly against passing the bill, saying, That the earl was always bred amongst those who were enemies to the protestants;

that the earl was distracted; and that if he was here, it was a question whether they would confirm the Title; for, in his opinion, it was giving honour to the man in the moon. Sir Robert Paston said, That the earl's want of senses should rather gain him more advocates than enemies; that the lords had already ex- | amined witnesses concerning his present condition of mind, and were satisfied with it; that | he himself was not satisfied fully concerning the death of the late duke of Norfolk, but thought the restoration of the honour could be no prejudice to any one; and therefore moved to have the bill pass. Mr. Prynne spoke against the bill, saying, It was nonsense, because it did not express from whence the first honour came, nor to whom given; that here was no patent produced, nor any form how the late duke was attainted; and said, the earl ought to have petitioned for his honour; but that here was no such thing. Sir Rd. Onslow moved for the bill, saying, That he was one of the guardians, and thought it very fit it should pass. Mr. Thomas moved to have that part of the bill, which reflected upon queen Elizabeth, amended at the table, and then to pass it. Serj. Charlton said, The house was not ready yet for passing the bill, without examining the record and the indictment of the late duke; that it was fitting the earl himself should be here, but if he was so far distracted, it was better to take his honour from him, and be stow it upon the next worthy person in the family; adding, that it was fitter to use the earl as Nebuchadnezzar was, to send him amongst beasts, for he had not the ordinary cleanliness of one; and moved to re-commit the bill. Mr. Bamfield said, he did not understand why they should confer honour upon a mad man; neither was it fit to give an act of grace to those of the Popish religion.-Serj. Raynesford was against bestowing honours upon any of the Popish religion, which he understood this family was of; and unless they took the oaths he was against the bill. But, lastly, Mr. Trevor and sir George Reeves, speaking for the bill, the question was called for, and, being put, the house divided upon it, yeas 187,

noes 116.

Debate on the Bill of Attainder.] Dec. 4. Mr. Thomas reported to the house, from the committee, some amendments and three provisoes to the bill of Attainder, which were read. Mr. Ratcliffe moved for an allowance to be made of just debts, legacies, and funeral expences, out of this Forfeiture of those four persons estates who have been attainted after their deaths, viz. Cromwell, Pride, Bradshaw, and Ireton. Sir John Northcot was against paying the Funeral Expences of Cromwell and Bradshaw. Mr. Allen and lord Valentia moved in favour of the executors, That they might not be ruined for what they had paid, because they were compelled to pay the legacies by law; but that a proviso might be added to the bill concerning it. Sir Heneage Finch said, That this bill was the prime sacrifice to justice

that the parliament had made; that neither the queen, nor any of the royal family, had the least relief from those people, but were left to starve in exile; and moved that, if the debts on bond be allowed them, the book-debts should be so too; that the bill should be engrossed, and such provisoes taken care for as were proper to be received. Mr. Hollis said, He had as great an abhorrence of that black crew as any one; and therefore moved rather to consider the poor creditors, their wives and children, and the executors, by a proviso. Serj. Charlton said, That, in Scripture, we are told that the whole families of traitors were destroyed: that the case was not alike in private bonds, as it was in this, where the persons were attainted. He moved to leave it to the law, whether to allow any legacies or not; but added, It was reasonable the legatee should refund. Sir A. A. Cooper said, There was reason to allow Settlements before marriage, or as far retrospect as 1647. Col. Shapcot said, That to deny the payment of their debts, was to punish the honest creditors, not the offenders; and therefore moved to consider those poor people, by a proviso large enough for the purpose. Mr. Prynne spoke against any proviso, saying, There were none for the Gunpowder Traitors, nor any else that ever were traitors before. Captain Titus ended this debate, by observing, That execution did not leave traitors at their graves, but followed them beyond it: and that, since the heads and limbs of some were already put upon the gates, he hoped the house would order that the carcasses of those devils, who were buried at Westminster, Cromwell, Bradshaw, Ireton, and Pride, might be torn out of their graves, dragged to Tyburn, there to hang for some time, and afterwards be buried under the gallows.-This motion was agreed to, says the Diary, nem. con.: this is confirmed by the Journals, where the Order is entered at large. Ordered also, That James Norfolk, esq. serjeant at arms, should see execution done upon the bodies; and that capt. Titus do carry up the Order to the Lords for their concurrence; which was agreed to the same day. The Bill to be engrossed.

Articles of Impeachment against Drake for publishing a Pamphlet intitled the "LONG

*This Order was not executed till January 30, after the dissolution of this parliament, when a chronological Historian of these Times gives us this Account of it: "This day, Jan. 30, 1660-1, the odious Carcasses of Oliver Cromwell, Henry Ireton, and John Bradshaw, were taken out of their graves, drawn upon sledges to Tyburn, and being pulled out of their coffins, there hanged at the several angles of the triple tree, till sun-set; then taken down, beheaded, and their loathsome trunks thrown into a deep hole under the gallows. Their heads were afterwards set upon poles on the top of Westminster-Hall." Gesta Britan norum: or a succinct Chronology, &c. By sir George Wharton. London, 1667.

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