assistance and protection of this house. 3. June 8. A Message was sent to the lords to remind them of the last conference; upon the subject matter delivered by the lords at the last conference. | to writs not returnable before the said house of peers. 3. That the Lord-Keeper be acquainted with these Resolutions, to the end that the said Writs of Habeas Corpus be superseded, as contrary to law and the privileges of this house. 4. That a Message be sent to the lords, to acquaint their lordships, that Mr. serj. Peck, sir John Churchill, Mr. serj. Pemberton, and Mr. Ch. Porter, were committed by order and warrant of this house, for manifest breach of privilege, and contempt of the authority of this house." Ordered, That col. Birch do go up to the lords with a message, that a Conference is desired upon the subject matter of the last Conference. The King's Speech at the Prorogation.] June 9. The king came to the house of peers, and made the following Speech to both houses: Sir John Robinson informing the house, that he had received the four lawyers committed to "My Lords and Gentlemen; I think I have his custody by this house, and denied to deliver given sufficient evidence to the world, that I them to the gentleman-usher of the black-rod; have not been wanting on my part, in my enand that he was served last night with four deavours to procure the full satisfaction of all writs of Habeas Corpus, to bring the said four my subjects, in the matters both of Religion lawyers before the king and his parliament at and Property: I have not only invited you to Westminster this morning, and craved the those considerations at our first meeting, but I advice of the house what to do therein: have been careful through this whole session, Ordered. That the Thanks of the house do be that no concern of my own should divert you given to the said sir John Robinson for his be- from them.-Besides, as I had only designed haviour therein, and Mr. Speaker intimated to the matter of it to be the procuring of good him, that he should forbear to return the said laws, so for the gaining of them, I have alWrits of Habeas Corpus, which were read and ready waited much longer than I intended; debated; and the farther debate thereof was and should have been contented still to have adjourned till to-morrow morning, and a com- continued my expectation, had there any mittee appointed to search the Lords Journals, hopes remained of a good conclusion. But I to see what hath been done in the case of the must confess, the ill designs of our enemies four lawyers, the Writs of Habeas Corpus, and have been too prevalent against those good Mr. serjeant Pophamn, and to search for Prece- ones I had proposed to myself, in behalf of my dents on the Writs of Habeas Corpus; and people; and those unhappy differences beadjourned. tween my two houses are grown to such a height, that I find no possible means of putting an end to them but by a prorogation. It is with great unwillingness that I make use of this expedient, having always intended an adjournment, for the preservation of such Bills as were unfinished. But my hopes are, that, by this means, the present occasion of differences being taken away, you will be so careful hereafter of the public as not to seek new ones, nor to revive the old. I intend to meet you here again in winter, and have directed my Lord-Keeper to prorogue you till the 13th day of October next." : June 9. Sir Tho. Clarges reports, from the Committee to whom it was referred to search for Precedents touching Writs of Habeas Corpus, returnable in parliament; That the committee had found several precedents of Writs of Habeas Corpus returnable in parliament, and had considered of them and that the Committee thereupon had agreed upon four Rosolves to be presented to the house, which were severally agreed to, as follow: Resolved, nem, con. 1. "That no commoners of England committed by the Order or Warrant of the house of commons, for Breach of Privilege or contempt of the authority of the said house, ought, without order of the house, to be, by any Writ of Habeas Corpus, or any other authority whatsoever, made to appear and The King's Speech on Opening the Session.] answer, or receive any determination in the Oct. 13. Both houses met, according to prohouse of peers, during that session of parlia-rogation; and the king opened the session ment wherein such persons were so committed. with the following Speech: 2. That the Order of the house of peers, for the issuing out the Writs of Habeas Corpus concerning Mr. serj. Pemberton, Mr. serj. Peck, sir John Churchill, and Mr. Ch. Porter, is insufficient and illegal; for that it is general, and expresses no particular cause of privilege, and commands the king's great seal to be put FOURTEENTH SESSION OF THE SECOND PAR LIAMENT. * In the APPENDIX to the present volume, No. VI. will be found a Tract intitled "A Letter from a Parliament-man to his Friend, concerning the Proceedings of the House of Commons, this last Session, begun the 13th of 'Oct. 1675," written by the earl of Shaftsbury. "My lords and gentlemen; I meet you now | sired you to assist him in his care and protecwith more than usual concern for the event of this session; and I know it is but what may reasonably be expected from that care I owe to the preservation of the government. The causes of the last prorogation, as 1, for my part, do not desire to remember, so I hope no man else will, unless it be to learn from thence, how to avoid the like occasions for the future: and I pray consider how fatal the consequence may be, and how little benefit is like to redound to the people by it. However, if any thing of that kind shall arise, I desire you would defer those debates, till you have brought such public Bills to perfection as may conduce to the good and safety of the kingdom; and particularly I recommend to you, whatever may tend to the security of the Protestant Religion, as it is now established in the Church of England.-I must likewise desire your assistance in some Supplies, as well to take off the anticipations which are upon my Revenue, as for building of ships; and though the war has been the great cause of these anticipations, yet I find, by a late account I have taken of my expences, that I have not been altogether so good a husband, as I might have been, and as I resolve to be for the future: although, at the same time, I have had the satisfaction to find, that I have been far from such an extravagancy in my own expence, as some would have the world believe. I am not ignorant, that there are many who would prevent the kindness of my parliament to me at this time; but I as well know that your affections have never failed me: and you may remember, it is now above three years since I have asked you any thing for my own use. The rest I refer to my Lord Keeper." | The Lord Keeper Finch's Speech.] Then the Lord Keeper made the following Speech: "My lords, and you the knights, citizens, and burgesses of the house of commons. The causes of this present assembly, and the reasons which have moved his majesty to command your attendance upon him at this time, are of the highest importance. The king resolves to enter into terms of the strictest correspondence and endearment with his parliament, to take your counsel in his most weighty affairs: to impart all his cares to you; to acquaint you with all his wants and necessities: to offer you all that can be yet wanting to make you enjoy yourselves; to establish a right understanding between himself and his three estates, and between the estates themselves; to redress all your just complaints, and to put all his subjects at ease, as far as in him lies, and can consist with the honour and safety of the government. And, having made all these advances, be doubts not but you will behave yourselves like those that deserve to be called the king's friends, and that you will put him at ease too. There is no cause why any fears of religion or liberty should divert you: for his maj. hath so often recommended to you the considerations of Religion, so very often de tion of it, That the Detender of the Faith is become the advocate of it too, and hath left all those without excuse who still remain under any kind of doubts or fears. Again, the care of your Civil Rights and Liberties hath been so much his majesty's, that the more you reflect upon these concerns, the more you will find yourselves obliged to acknowledge his majesty's tenderness of you, and indulgence to you. Search your own annals, the annals of those times you account most happy, you will scarce find one year without an example of something more severe, and more extraordinary, than a whole reign hath yet produced. Peruse the histories of foreign nations, and you shall find statues and altars to have been erected to the memories of those princes, whose best virtues never arrived to half that moderation, which we live to see and enjoy. No king did ever meet a parliament with juster cause of confidence in their affections: and therefore his maj. will not suffer himself to doubt, but relies firmly upon it, that you never will forsake him, when he is under any kind of difficulties. He doth assure himself that you will now think fit to provide for his honour and your own safety, by helping him to pay some part of his Debts, and to make his Navy as great and as considerable, as it ought to be. For the greatness of the king, is the greatness and safety of his people. The springs and rivers which pay tribute to the ocean, do not lessen, but preserve themselves by that contribution. It is impossible that those affections that piety and allegiance first planted, which persecution could not abate, which the gracious influences of his majesty's happy government have hitherto increased, should now appear to wither and decay: but then the best indication of the heart is by the hand. And because it is of infinite moment to the king's affairs that there should be a chearful concurrence to his Supplies, there let hand and heart both join in the oblation, for that will make it a sacrifice well pleasing indeed.-My Lords and Gentlemen; The happiness of this present age, and the fate and fortune of the next too, is very much in your hands, and at this time; all that you would desire to settle and improve; all that you would wish to secure and transmit to your posterities, may now be accomplished. Would you raise the due estimation and reverence of the Church of England to its just height? Would you provide for the safety and establishment of it? Do there want any laws to secure the peace and quiet of the state? Would you enrich and adorn this kingdom, by providing for the extent and improvement of Trade, by introducing new and useful Manufactures, and by encouraging those we have already? Would you prevent all frauds and perjuries, all delays and abuses in the administration of justice? Would you preserve a famous city from being depopulated by the suburbs? Would you restrain the excess of those new Buildings which begin to swarm with inhabitants unknown? All your Petitions of this kind will be grateful to the king; and you may with ease effect all these and much more which your great wisdoms will suggest to you. A little time will serve to make many excellent laws, and to give you the honour to be the Repairers of all our Breaches; so as that time be wholly employed upon the public, and not taken up by such considerations as are less meritorious. If therefore there be any, without doors, that labour to disunite your counsels, or to render them ineffectual; if they can hope that the occasions for this may arise from some Differences within yourselves, or hope by those differences to disguise their own dissatisfactions to your good proceedings; it is in your power to defeat those hopes, to pull off this disguise, and to secure a happy conclusion of this meeting, by studying to preserve a good correspondence, and by a careful avoiding all such questions as are apt to engender strife. And, if ever there were a time, when the gravity of the council, the wisdom, and good temper of a parliament, were necessary to support that government which only can support these assemblies, certainly this is the hour. You see with what zeal the king bath recommended to you a good Agreement between yourselves, and that he doth it with all the care and compassion, all the earnestness and importunity, fit for so great a prince to express, who would be very sorry that any such misfortune as your disagreement should either deprive him of your advice and assistance, or his people of those good laws which he is ready to grant you. There is no other way our enemies can think of, by which it is possible for this session to miscarry; for Fears and Jealousies cannot enter here, calumnies and slanders will find no place amongst wise and good men. They that use these arts abroad, will quickly be discredited, when the world shall see the generous effects of your confidence. Men will despair of attempting any disturbance in the state, when they see every step that tends that way, serves only to give you fresh occasions to testify your loyalty and your zeal. You have all the reason in the world to make men see this; for you have the same monarchy to assert, the same church to defend, the same interests of nobility and gentry to maintain, the same excellent king to contend for, and the same enemies to contend against. And now, my Lords and Gentlemen, since the whole session of parliament is, in the judgment and construction of our law, but as one day, let us all endeavour that the morning of it, the first entrance upon it, may be with such fair and auspious circumstances as may give the whole kingdom an assurance of a briglit and chearful day. Let no ill humours gather into clouds to darken or obscure it, for this day is a critical day, and more depends upon that judgment of our affairs which will be made by it, than can easily be imagined. It imports us therefore to take care that no part of this time be lost; let every precious minute of this day be spent in receiving such acts of grace and goodness as are ready to flow from the king, and in making such retributions for them as may become the grateful hearts of the best of subjects to the best of kings. So shall this day become a day of disappointment and discomfort to our enemies, but to us and all good men a glorious day, a day of triumph and deliverance, a memorable and joyful day to this present, and to all future generations." Debate on the King's Speech.] The king's and lord keeper's Speeches being ended, the house of commons came down, and sat some time, looking on one another in a profound silence, till at length sir Thomas Meres broke silence and said, He was sorry to see the house, as it were, in an amazement, and was afraid it might prove ominous, and therefore prayed the Speaker to acquaint the house with the substance of the king's speech.'-The Speaker excused himself for that, not daring to rely so much upon his memory. It was then moved, that some Bill might be read, and sir Tho. Littleton desired it might be that of the last session, for appropriating the Customs to the use of the fleet.' But the Speaker objected against that, because it was judorsed on the backside, and not fair written, and he had no brief of it. Upon which sir Nich. Carew told him, he had a Bill which was not indorsed, but fair written, of which he had a brief. It was a Bill, to incapacitate any Papist to sit in either house of parliament, without taking the Test in the late Act against Popery, &c. It was read accordingly, and ordered a 2nd reading sine die. After this, Mr. Sec. Williamson brought in the king's Speech, which was read, and thereupon a motion was made, That Thanks might be given to his majesty for his gracious care of the Protestant religion.' To which Mr. Secretary Coventry answered, 'That it would not be decent to separate one part of the king's Speech from the other.' Upon which some disputes did arise for a time, till it was moved, that the consideration of the Speech might be adjourned till Monday, which was agreed to, provided the house might be adjourned till that time, which was accorded; each party hoping for strong recruits.* Mr. Howard's Letter found in St. James's Park.] Before the house adjourned, there happened a passage, which requires something to be said antecedently to make it the better understood.-In one of the actions between the Germans and the French, after Turenne's death, col. John Howard, brother to the earl of Carlisle, amongst many Englishmen, was killed, which being told for news in St. James's Park, it was reported, that lord Cavendish, and sir T. Meres, being together, when they heard it, should say, That they were well enough served, and that they wished that never any Englishnan might fare better, who was to serve abroad against a vote of parliament.' Upon which, a paper, that called lord Caven Grey. dish and sir Tho. Meres, incendiaries,' with other such language, was given about, subscribed Thomas Howard, of Richmond and Carlisle.' This paper was brought into the house by sir Trevor Williams, who informed the house, that it was found the night before in St. James's Park, by his servant, and given unto him, who finding two honourable members shamefully traduced in it, could not but acquaint them with it,' and having no opportunity before this morning, showed it to the members concerned in the house. Upon which lord Cavendish, seeming much surprized at it, went out of the house in heat, which was the beginning of the thing. Mr. Russel then acquainted the house, that he saw some disorder in that lord, and, being afraid of the consequence, desired he might be commanded not to go out.' Sir Trevor then told the aforesaid story, and the paper was read, viz.: "Sir; The last severity upon Roman Catholies having forbid me the ambition to any place or pretension at court, and the severe usage of the gout making me unfit to appear in any company, but where I am well acquainted; besides a most sensible loss of my poor brother John, killed at Strasbourg, I resolved not only to retire in person, but thought, froin all temptations this world could give me, and to spend the rest of my days with such domestic and private content, as a man of those principles, and some sense, might hope for, in an honourable retreat. But it happens by a certain, though unjust and malicious accident, that I am awakened from the quiet and repose I hoped for, and find myself engaged by the nearest ties of friendship and honour, (obligations I have always esteemed dearer than my life) to let some unworthy and base people see that I am yet alive. Not long since, in St. James's Park, lord Cavendish and sir Thomas Meres, two bold and busy members, upon the news of the French retreat over the Rhine, where many English were reported to be killed, (which, amongst all honest men, was much regretted) these barbarous incendiaries, with a most plausible temper of such worthy patriots, openly declared, that it was but a just end for such as went against any vote of parliament.' With all respect to that hon. house, that cankered and malicious saying will neither deserve the thanks of that house, (it being false as to my brother, who went by his majesty's command, at the head of his company, before that vote was in force) nor the approbation of any man out of it. I will not trouble myself, nor others, to let you see, by any exact character, how these two worthy and unbiassed Senators ought to be credited. Next October will produce such effects of their care and capacities of securing property and religion in a Christian and humane way, that I believe I shall be called to the bar, to answer their slanders, as I presume they will call them; yet I doubt they will not, for though an ill orator, I shall most certainly prove what I write. As for any other way of revenge, I do not any way apprehend it; for men that are given to spit blood, seldom draw it. Sir, I have troubled you too long with my just resentments, but knowing the share you have always taken in my concerns, I must beg of you, that you will in St. James's Park, at the Mall, disperse these copies, it being all the way that is left to do right to the dead; and, to assure you, that I will not do you the ill office of dispersing a libel, I will sign the copies with all my titles. T. HOWARD, of Richmond and Carlisle." From Ashtead in Surry, Aug. 30, 1675. Lord Cavendish and sir Tho. Meres were enjoined not to prosecute any quarrel against Mr. Howard, or to send or accept any chal lenge in order thereto, without acquainting the house. Oct. 18. Resolved, "That sir Trevor Williams, sir Anth. Irby, sir Tho. Littleton, sir Ch. Harbord, and Mr. Crouch, be appointed to go to Mr. Howard, who, by reason of his indisposition of the gout, could not attend the house, to know of him whether he will own the aforesaid paper." Debate on the King's Debts; Anticipations of the Revenue, and Supply.] Sir Philip Musgrave moves to proceed in the matter of Supply and Religion, mentioned in the king's Speech, and to appoint a day for each of them. Sir Edw. Dering seconds the motion, and hopes for as full a concurrence from every gentleman, as from him. Religion is the ho nour of the nation, and has always been the care of this house. Little progress was made. the last session, by reason of the Difference with the lords; but would begin now early, that we may ripen things to perfection before we rise. Another thing, as properly under our cognizance as Popery, is, regulating mens manners, very worthy of our consideration. Under that notion of religion, it may be done.' We want censores morum, as well as inquisitors of faith: thinks, that else we cannot see Religion prosper. Our dominion of the sea is magni nominis umbra, without strength there-It is not prudent to trust the nation long to the French army's going into winter quarters. Sir John Holland. The king is pleased to desire a Supply; we are all here to speak our minds freely, and hopes we shall with that modesty which becomes us, and desires to be heard out with patience and favour. He is no honest man, that loves not the king, the govern ment, and the nation. If we consider, that, after such supplies, never given before, (Edw. iii. who reigned above 50 years, never had near this king's Supply,) now to have every branch of the Revenue anticipated; and not only that, but Debts so great, to the ruin of the people; and, besides, the king's wants so great, as to be forced to break the credit of the Exchequer, to the ruin of widows, orphans, and numerous other people, as it puts so great a damage upon our English manufactures: he will go no farther, for instance, than his own county, the city of Norwich-These are necessary to the king's sovereignty, and preservation of trade-The fleet neglected, and his nearest and most powerful neighbours so armed-The French, by over-balance of our trade-When you were told, the last meeting, that the French commodities imported, over-balance to the value of 900,000l. and though London is not very sensible of this, yet the country, from whence supply must come, is impoverished by it. The Chimney-money and Excise, brought hither, and the nobility's expences, increase the consumption here, and hither the money will come. By this micans, the country, in some places, is drained of money, and, by reason of the cheapness of all commodities, farms are cast into gentlemens hands, and no hopes of remedy on their parts; and the farmers come here, and set up taverns, and alehouses, and keep lodgings, and there are no hopes of their return back into the country. The humour of the yeomanry is changed; the youth are not bred up as they used to be. This, in short, is our condition; and yet, for the king's necessity, as well as our safety, the king must have supply; else the people cannot be protected; but, if the charge of the government be greater than the people can bear, the government cannot stand, though supported by arms. But, should it be so endeavoured, it cannot be long endured by the temper of the English nation. Would to God he could say, this was not our condition! There is a necessity that it must be said. He cannot but think himself bound in conscience to take this opportunity to say, that the charge of the government is greater than the nation can bear--Cannot but say, the expences of the Court may be reduced; especially the matters of the Treasury may be better managed. The truth is, the prodigal and excessive way of living now, was unknown to our forefathers, who kept hospitality. It is a leprosy that has almost overspread the nation. Hears an unusual discontent, and want will put men upon desperate resolutions, and from that arose those unhappy times we had. This may bring us again into the unhappy hands we were in; and we shall be an easy prey and conquest to whoever will over-run s-Was, am, and ever will be, for the due rights of this house, and against the peers encroachments; would not give, and, he hopes, the house will not be ready to take, new occasion of difference. Upon the whole, moves to enter into a present consideration of an humble Petition to the king, with the lords councurrence, in which, in all dutiful, modest, and loyal manner we may represent to him the present poverty of the nation, together with the mischiefs of unseasonable prorogations; and that we be continued without prorogation, until we have dispatched Bills for the security of Religion and Property; and then declare, that we will give Supply to provide shipping and stores, to be equal, if not stronger than our neighbours.' Sir Tho. Lee. When he considers the old course of parliament, what has been moved is not the usual way upon your books, a motion being made for a Supply, the house went into a Grand Committee; therefore moves for it to-morrow. Sir Rob. Carr seconds the motion for tomorrow, to consider Anticipations and Supply. Sir Tho. Meres would have that ancient Order, which Lee mentioned, read. When that Order is lost, the house of commons is lost. If there be occasion for Supply, let us see it at a grand committee. Mr. Neale has heard, that the Lord Treasurer has brought the State of the Revenue into the Council. Would see that here, to be your guide the better, in what you are to do; and moves, that all the money may be employed to the use we give it, on penalty of treason. The Order mentioned was read, viz. “That a motion being made for a Supply, is not presently to be entered upon, in the house, but the consideration referred to a committee of the whole house." Mr. Sacheverell is willing to take Antici pations upon the Customs, and the King's Debts, into consideration, as soon as may be: to be plain, he believes there is no need of a Supply, when things shall be well considered. Sir Tho. Meres sees there is no occasion of a Supply as plain as the sun that shines, and believes he can make it out: no man has yet made a direct motion but Holland, which is a conditional one, and a very good one; so that a committee cannot go upon it, without being first moved by some-body. Mr. Secretary Coventry moved it. Sir John Ernly must inform the house, that we want a squadron of ships, and 30 at least, of 1st, 2nd, and 3rd rates; therefore seconds Coventry, for Supply for building of Ships. "All this time, the principal business at Whitehall had been to inspect the Revenue, and to put the Disbursements on such a footing, that the growing frugality of the house of commons might the less affect both king and minister for the time to come. By a Paper of the Lord Treasurer's dated Sept. 29, 1675, and presented to the Council Oct. 8, it appears, that the annual Disbursements amounted to 1,387,770l. the Revenue to 1,358,000l. which was clogged with Anticipations, to the value of 866,954/.; and yet by a general Account of all the Receipts and Issues in the Exche quer, it farther appears, that between the 20th of June 1673, and the 25th of June 1675, 4,529,6491. &c. had been received, and 4,526,9451. 3s. 3d. discharged. This scrutiny gave rise to a Scheme of Retrenchments, by which an annual saving was to be made of 250,000l. On the other hand, all imaginable expedients were put in practice, to make the Exchequer rise higher than ever; insomuch, that even the smallest branches were not forgotten: and particular orders were sent frota the Lord Treasurer to the several officers, ta know exactly what their yearly value was; how the same arose; how charged; how ac counted for; and how far it was improveable." Ralph, |