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PARLIAMENT RESTORED."] This day, also, the long-designed Impeachment against William Drake was ordered to be carried up to the lords, by the lord Falkland, and delivered at the bar of that house, in the name of the house of commons, and of all the commons in England. This Impeachment is entered in both the Journals, as follows:

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authority might revert into that channel (meaning the Long Parliament aforesaid) by which the peace and settlement of the nation, through his majesty's most gracious influence, might durably, and without question, be provided for and preserved. 4. If that be a lawful parliament, (speaking of the Long Parliament aforesaid which he elsewhere affirmed to be in being) then this can be none, nor no other, till this be legally dissolved. All which practices for stirring up of sedition, the commons are ready to prove, not only by the general scope of the said Book, but likewise by seveveral clauses therein contained, besides these before-mentioned, and such other proofs as the cause, according to the course of parliament, shall require. And do pray, that the said Wm. Drake may be put to answer all and every of the premises; and that such proceeding, examination, trial, judgment, and exemplary ponishment, may be thereupon had and executed as is agreeable to law and justice."

The lords ordered this Impeachment to be

"The Knights, Citizens, and Burgesses of the House of Commons, in the name of themselves and all the commons of England, do hereby declare, complain and shew, against William Drake, citizen and merchant of London; "That whereas this present parliament, through the blessing of God upon their endeayours, and the incomparabie grace and goodness of his majesty's royal condescensions, have proved the happy instruments of repairing the breaches of this kingdom, restoring the antient foundations, and passing many good and wholesome laws for the safety and quiet of the people, and are daily preparing such others as may yet seem to be wanting.-Ne-read, after which they made another Order vertheless the said Wm. Drake, in contempt That the said Wm. Drake should be appreof his majesty's crown and dignity, and of the hended as a delinquent, by the serjeant at laws and government of this kingdom, and out arms, and brought before them the next mornof a wicked and malicious intention to scanda-ing, to answer to his charge; which being lize and subvert the authority and being of this done, and he confessing his fault, the lords, in present parliament, and to raise and stir up consideration of the shortness of time for prosedition and division in this kingdom, and ceeding further in this business, left him to be against the peace of our sovereign lord the prosecuted in the King's Bench by the attorneyking, hath lately, that is to say, upon or before general; where what further was done with the 18th day of Nov. last at Westminster, in him we know not. the county of Middlesex, written, printed, and Debate on the Bill of Attainder renewed.] published, in the name of one Thomas Phillips, Dec. 7 This day, Sir Heneage Finch delivered gentleman, a certain false, wicked, malicious, in the Bill of Attainder engrossed. Mr. Prynne and seditious Pamphlet, intituled, The Long observed upon the providence of God, That the • Parliament revived; or An Act for Continu-bill should be brought in at the very time, ation, and the not dissolving the Long Par- which was upon the same day 12 years, that liament, called by king Charles the First, in the King's Trial was agreed on. He therefore the year 1640, but by an act of parliament, moved, that some others of the regicides, who <with undeniable Reasons deduced from the had surrendered themselves, should be put ⚫ said Act, to prove, that That Parliament is into this bill and now executed, particularly the not yet dissolved. Also Mr. William Prynne's lawyers, and named Garland. Captain Titus › five Arguments fully answered, whereby heseconded this motion, and named sir Hardress ' endeavours to prove it to be dissolved by the 'King's Death, &c. By Thomas Phillips, ⚫ Gentleman, a sincere Lover of the King and Country." In which said scandalous and seditious Pamphlet the said Drake, amongst many other wicked expressions, clauses, and assertions therein contained, doth falsely, maliciously, and seditiously affirm and declare, 1. That all other Parliaments have no legal capacity, till this (meaning the Long Parliament, called in the year 1640) be legally dissolved. 2. The Act (meaning the Act of Parliament to which the title of the Pamphlet refers) is berein express, That by no other way or means, but by an act of parliament, it shall be dissolved; which, as it cannot be done by the dead king, but may be done by the successor, it ought to be so dissolved; or else it must and doth by virtue of this act, still remain legally in full being and authority. 3. How much it were to be wished, that the legislative

Waller, who, he said, was a pensioner to the late king, saying, The Turks would not eat the bread of any man they meant to betray; and that a Roman servant, who betrayed his master, though for the publick good, was executed. -After some further debate the Bill passed. The title of it was, An Act for the Attainder of several Persons guilty of the horrid Murder of his late sacred majesty king Charles I.'

Resolutions for taking up the Bodies of Cromwell, &c.] Dec. 8. The lords returned the Order sent up to them before, for taking up the Bodies of Cromwell, &c. with a small addition to it, which was agreed to. The Order, as entered in both the Journals, stands thus, viz. "Resolved, by the lords and commons assembled in parliament, That the Carcasses of Oliver Cromwell, Henry Ireton, John Bradshaw, Tho. Pride, (whether buried in Westminster-Abbey, or elsewhere) be, with all expedition, taken up, and drawn upon a

hurdle to Tyburn, and there hanged up in their coffins for some time; and, after that, buried under the said gallows: and that James Norfolk, esq. serjeant at arms, do take care that this Order be put in effectual execution by the common executioner for the county of Middlesex; and all such others, to whom it shall respectively appertain, who are required, in their several places, to conform to, and observe, this Order, with effect; and the sheriff of Middlesex is to give his assistance herein, as there shall be occasion; and the dean of Westminster is desired to give directions to his officers of the Abbey to be assistant in the execution of this Order."

Protest on a Bill to vacate certain Fines.] Dec. 13. An Act to vacate certain Fines unduely procured to be levied by sir Edw. Powel, kut. and bart. and dame Mary his wife, was read a 3rd time. The question being put, whether this Bill shall pass for a law? It was resolved in the affirmative. Upon which the following Protest was entered:

"Whereas before the question was put for passing the said Bill, leave was desired for entering Protestations in the behalf of the lords here underwritten, in case the vote upon the said Act should be carried in the affirmative, we, in pursuance thereof, do enter our Protests against the said Act for these reasons following That Fines are the foundations of the assurances of the realm, upon which so many titles do depend, and therefore ought not to be shaken; nor bath there any precedent occurred to us, wherein any Fines have been vacated by judgment or act of parliament, or otherwise, without consent of the parties; the eye of the law looking upon Fines as things always transacted with consent, and with that reverence, that no averment whatsoever shall be good against them when they are perfected; and farther, we conceive, that by a future law to vacate assurances, which are good by the standing law, is unreasonable and of a dangerous consequence, especially in this case, where Skinner and Chute, purchasers of a considerable part of the lands comprized in the said Fines, have petitioned, and yet have not been heard upon the merits of their case, which is contrary, as we conceive, to the statute of 28 Edw. 3. c. 3. which saith, No man shall be put out of his land or tenement, nor disinherited, without being brought to answer by due process of law. (Signed) Edw. Hyde, C, F. Montague, W. Say and Seale, T. Culpeper, T. Willoughby, Portland, Sandys, Will. Petre, Cha. Hatton, Ch. Richmond and Lenos, Manchester, Tho. Coventry, W. Roberts, Brecknock, Norwich, Brudenell, L. Howard, W. Grey, Albemarle, Berkshire. A. Capell, Ro. Lexington, Suffolk, Stafford, Fr. Dacre, P. Wharton."

Debate on the Bill for settling the Excise on the King for Life.] Dec. 14. Sir Heneage Finch brought in a bill from the Committee, for settling on the King, during his life, the other Moiety of the Excise on Beer, Ale, and

other liquors ; which was read twice, and ordered to be referred to a Grand Committee, who were to sit de die in diem till that business was dispatched.-As it has ever been the custom of parliament to go upon Grievances whenever subsidial Bills were in agitation, so now, when this graud Settlement on the Crown was before the commons, this old affair was resumed, but it was somewhat singular to talk of Grievances in a government so newly established, though upon its old foundation. On this occasion, Sir Walter Erle moved to do somewhat for the good of the people, in lieu of these great payments, and complained of some disorders in the Army. He said, That soldiers had come into some houses he knew of, and calling the people • Roundheads, oad done much mischief; which he moved might be taken care of. This

The celebrated Andrew Marvell, in his first Letter to the Corporation of Hull, writes thus: "The Excise bill for longer continuance (I wish it prove not too long) will come in next week. And I foresee we shall be called upon shortly to effect our vote made the former sitting of raising his majesty's Revenue to 1,200,000l. per ann. I do not love to write so much of this money news, but I think you have observed that Parliaments have been always made use of to that purpose, and though we may buy gold too dear, yet we must at any rate be glad of peace, freedom, and a good conscience." Vol. i. p. 4.

Dr. Granger in his Biographical History of England speaks thus of Marvell: "He was an admirable master of ridicule, which he exerted with great freedom in the cause of liberty and virtue. He never respected vice for being dignified, and dared to attack it wherever he found it, though on the throne itself. There never was a more honest satirist. His pen was always properly directed, and had some effect upon such as were under no check or restraint from any laws human or divine. He hated corruption more than he dreaded poverty; and was so far from being venal, that he could not be bribed by the king into silence, when he scarce knew how to procure a dinner. He was chosen member of parliament for Kingston upon Hull, before and after the Restoration. The people of that place, who honoured his abilities, but pitied his poverty, raised a contribution for his support. This was probably the last borough in England that paid a representative. As even trivial anecdotes of so ingenious and so honest a man are worth preserving, I shall subjoin the following, taken from a MS. of Mr. John Aubrey, who personally knew him: He was of a middling stature, pretty strong set, roundish faced, cherry-cheeked, hazel eyed, brown haired. 'He was, in his conversation, very modest and of very few words. He was wont to say, he would not drink high or freely with any one, with whom he would not trust his life.'" Vol. iii. p. 357 and vol. iv. p. 49.

his house to oppose the lawful minister, who was come to take possession; and therefore left it to the house to consider of this complaint.-Sir Samuel Jones moved for the Militia bill, that they might know, he said, how to govern and be governed. Lord Falkland told the house, That the king had taken care for all these things; and moved to go to the business of the day. Sir A. A. Cooper said, Those things had no approbation from his majesty, but checks; and moved for a law to know how to walk by a rule; but to pass over such things as could not be justified. At last, Serj. Maynard moving for some Amendments to be made to the old Militia bill, it was or dered, That the grand committee do meet that afternoon about it.

was reading, the Speaker took notice of some gentlemen that were talking near the bar; whereupon it was ordered, "That every member of this house, who shall stand in the passage by the door of this house, shall forfeit 120. to be paid to the serjeant to the use of the Poor of Westminster."

motion was seconded by sir John Northcot, | him on that account that he got guns into who moved for a Committee to consider of it, and present the Grievances to the lords; and if they would not redress them, then this house to remonstrate to the king. Col. King complained against the arbitrary power of lord-lieutenants, particularly the lord Derby. Mr. Stevens said, That as he had lived an Engbishman, he desired to die so, and not to leave his posterity slaves. He spoke also against the lord-lieutenants, and moved for a Committee to examine all Abuses. Sir George Booth for the same; saying, There were very great | abuses abroad. Mr. Palmier moved to check col. King, who mistook his information concerning lord Derby. Mr. Harry Hungerford spoke also against the exorbitancies; averring, That, to his knowledge, in some places, 2s. 9d. a-day was exacted for each trooper, and this Dec. 14. This day somewhat remarkable especially whilst the parliament is sitting; and happened, in regard to the Rules of the house moved to acquaint the king with these Griev- of commons. Serj. Maynard moved, That the ances. Sir Heneage Finch said, The remedy Speaker would reprove all persons that he was to be had without going out of the door; observed talking, or but whispering, or reading it was but to resume the Debate of the Mi-a paper. Very soon after, and whilst a bill litia, whereby all these abuses might be regulated. He moved against any Remonstrance; which, he said, was the wilderness in which at first they wandered to destruction; and was not for having them sully the glory of their offering, the Revenue, with a complaint to the king at the same time.-The debate still continuing, lord Howard said, That these complaints were not so universal as some would make them. He justified the district where he had to do from any such thing; but that it all might be remedied by resuming the Militia bill. Mr. Bunckley was satisfied that there were such Abuses done; but said, That in his county all was quiet, by the care of the lordlieutenant there; yet was for a bill to restrain all. Mr. Bamfield acquainted the house, That he had a petition given him, by one, against the lord Derby, about a minister kept out of bis church, whilst another was put into it by lord Derby's soldiers, who had taken pessession of the minister's house that they knocked him down several times, crying, Is the rogue living still? That they also knocked down his wife, which made her miscarry; and, after thus injuring them, turned them both out of doors. But yet, he said, That, in all these complaints, there was no reflection thrown upon his majesty, but on those employed under him. He thought the bill for the Militia could not now be finished in time; but moved to acquaint the king with these matters, and desire his care and reproof therein. In answer to this charge against the lord Derby's soldiers, Mr. Rigby stood up and said, That he came through the town where the minister lived, and dwelt himself not far from thence, and he beard nothing of this great complaint made by Mr. Bamfield: since he got to town, he heard that this minister, Mr. Jessop, refused to give obedience to a replevin, which caused a great opposition by the sheriff's officers, and some violence was offered VOL, IV.

Dec. 15. The first Bill for settling an Equivalent on the king for taking away the Court of Wards, was passed in the commons, after a great number of additions, alterations, and amendments made to it. The Bill for settling the other Moiety, &c. was referred to Monday.

Dec. 17. The celebrated Mr. John Milton having now laid long in custody of the serjeant at arms, was released by order of the house. Soon after, Mr. Andrew Marvel complained that the serjeant had exacted 150l. fees of Mr. Milton; which was seconded by col. King and col. Shapcot. On the contrary, sir Heneage Finch observed, That Milton was Latin secretary to Cromwell, and deserved hanging. However, this matter was referred to the committee of privileges to examine and decide the difference.

The second Bill of Settlement passed.] This day, also, the bill for the other Settlement on the King was read and passed.

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Sir John Northcot made a motion, That there might be 5 or 6000l. given to the king to buy Jewels for the Crown, the rest being stolen from it; seconded by the lord Valentia, and to make it up 10,000l. as a mark of the favour of the house, having taken away such a jewel from the crown as the Court of Wards. Mr. Prynne was also for the motion; but for sir Henry Mildmay to pay it, having, as he said, stolen the former.-Lord Howard was for the motion, as also sir Wm. Lewis, who moved for laying a Month's Assessment to raise the money, rather than charge it on the Excise, according to others. Sir Ileneage Finch seM

conded this last motion; and, accordingly, it was ordered, "That a Month's Assessment, after the rate of 70,000l. per mensem, be granted to the king towards the charges of his majesty's Coronation, and to buy Jewels for the crown, suitable to his honour and grandeur, and as a memorial of the respect and affection of this house to his sacred majesty."

Debate on the Post Office Bill.] Captain Titus reported the bill for the Settlement of the Post-Office, with the amendments; which were agreed to. Sir Walter Erle delivered a Proviso for the letters of all members of parliament to go free during their sitting. Sir Heneage Finch said, It was a poor mendicant Proviso, and below the honour of the house. Mr. Prynne spoke also againt the proviso. Mr. Bunckley, Mr. Boscawen, sir Geo. Down. ing, and serj. Charltou, for it; the latter saying, The council's letters went free. The question being called for, the Speaker was unwilling to put it, saying, He was ashamed of it; nevertheless the Proviso was carried and made part of the Bill.

Dec. 21. Mr. Hollis acquainted the house, That he had just met the lord chancellor, who told him the king had expected, ever since yesterday, to hear from the house that their business was ready, that he might dissolve the parliament: therefore he moved, That this day and to-morrow all might be dispatched, so as they might have nothing to do on the next, but wait upon the king..

An accident happened this day in the house of commons, which occasioned some merriment amongst them. The lords sent down two messengers with some bills they had passed, with some amendments; to which the bearers said, The lords humbly desired the concurrence of that house. When these were withdrawn, the MS. Diary says, a hearty laughter ensued at the word humbly, and some moved to have it so put down in the Journals, as a precedent. Dec. 22. The lords sent down the PostOffice Bill with an alteration, That the letters of the members of the house of commons should not go free; to which that house assented.

Message from the King concerning a Dissolution.] Dec. 22. A Conference was desired by the lords concerning a Message from the King; which, at their meeting, the lord chancellor reported, That he had delivered the King's Message to the commons, which ran in these words, viz.

"His majesty hath expected, ever since Thursday morning, to be informed, that his two houses of parliament had been ready to present such Bills to him as they had prepared for his royal assent, and hath continued ever since in the same expectation, and hoped that he might, this day, have finished the work, and dissolved them according to his signification; but being informed that there are yet depending in both houses some few Bills of great importance to his and the public service, which are not yet ready to be presented to him; and being desirous to part with his two houses of

parliament, who have deserved so well of him, in such a manner, that they may not be obliged to use more expedition in the dispatch, than is agreeable to the affairs which are to be dispatched, his majesty is graciously pleased to declare, That he will be ready to pass such Bills as are necessary, in point of time, to be passed, on Monday morning; and then that the houses adjourn till Thursday, so that they may have that day and Friday to put an end to those most public Bills which are not yet finished; and his majesty will on the next day, being Saturday the 29th of this month, be present with them, and dissolve the parliament; and his majesty desires both houses, against that time, to lay aside all business of private concernment to finish all public Bills."

Dec. 24. The commons received a Message from the King, commanding the Speaker and the house to attend him in the house of lords: on which they all went up; when the Speaker, as the Diary says, presented his majesty, in a handsome speech, with the Bill for taking away the Court of Wards and Purveyance, to which the king gave his consent: likewise the Bill for settling the Moiety of the Excise on Ale, Beer, and other Liquors, for increase of his majesty's Revenue during Life. For which the king, in very few words, gave thanks at present; but said he would enlarge himself on Saturday following, the day appointed for dissolving the parliament.-On the return of the Commons to their own house, sir Heneage Finch moved to adjourn to the 27th, in regard the lords did so. Mr. Pierepoint desired that the King's last Letter might not be entered in the Journals, lest it should be thought the house adjourned solely upon that Message, which might be construed a Breach of Privilege (though he himself did wholly submit and comply with the king's desire); for, he said, That the king could not adjourn the house, though he could dissolve it; but that the house must adjourn, as an act only of itself. This was the reason the Letter was not entered as usual.

The King dissolves the Parliament.] After this, the commons reassumed, once more, the Bill on the Arrears of Excise, and had proceeded in the debate so far as to order the blauks in the bill to be filled up; when the usher of the black rod came to the door, and the house being informed of it, the Speaker, with the rest of the members, went up to the house of peers.

The Speaker of the House of Commons' Speech to the King.] His majesty being seated on the throne, the Speaker addressed himself to hims as follows:

"Most gracious and dread sovereign; The knights, citizens, and burgesses, now assembled in parliament, being the representative body of your commons of England, are, as conduitpipes, or quills, to convey the streams of your people's dutiful affections and humble desires into your royal presence; and that being done, they need no other Speaker but yourself, for

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they know your skill, and have had experience | account will be fully cleared off at last.-Sir, of your will: and yet, royal sir, though they your commons have likewise taken into their have no cause to complain, they cannot but consideration the charge of your Summer take notice of your partiality; for when any Fleet; which, besides that part thereof, your thing in point of right, or but conveniency, majesty is pleased to take upon yourself for hath fallen out to be, as we use to say, a mea- your ordinary guard of the seas, will amount suring cast, a disputable case, between your- to a very great sum; and as it is a great debt, self and your people, without any regard or so it is a growing debt: in a few months it respect had to your own right, or the advan- doubles. There is a saying, qui cito dat, bis tage that might accrue to yourself by asserting dat;' I am sure it must be true in this case, the same, if the good of your people hath come qui cito solvit, bis solvit,' to pay his debt reain competition with it, you have always cast it dily is the way to pay but once; and to take against yourself, and given it on your people's time to pay it is the sure way to pay it twice; side.-Royal sir; thus to undo yourself to do and therefore your commons, laying aside the your people good, is not to do as you would sad thoughts of their long sufferings, and those be done unto; and can we do less than, by a miserable devastations and pressures they have grateful retribution, chearfully to pay your lain under for many years last past; and lookmajesty the just tribute of our dutiful obe- ing upon the necessity of affairs, which call dience unto all your royal commands; and, importunately, and must be answered effecupon all occasions, ready to sacrifice, se et sua, tually, hath passed another bill here in my all that we have or enjoy, lives and fortunes, hand, intituled, An Act for 6 months Assessin the service of such an incomparable so- ment of 70,000l. per mensem, to begin the 1st vereign?-But, royal sir, it becomes not me to of Jan. and to be paid in, the one moiety fill your majesty's ears with air: loquere ut te thereof before the 1st of Feb. and the other videam is the only rhetoric the people ought moiety, being the remaining part, by the 1st of to use to such a king of kindness, and a prince April next ensuing:' which is to be applied so full of good works; and therefore, as I am wholly in paying off the Arrears of your macommanded, I must humbly assure your majesty's Army and Navy.-I have three other jesty that the many healing expedients pro- Bills in my hand, which have relation to your pounded by yourself, in your several most gra- majesty's Revenue, and are branches thereof; cious Declarations, have been the subject- the one intituled, An Act for the better ormatter upon which your commons have wrought dering the selling of Wines by retail, and for all this parliament: and, in the first place, preventing of abuses in mingling, corrupting, they took into consideration the great and and vitiating of Wines, and for settling and growing charges which then lay upon your peo- limiting the prices of the same:' and the bill ple for the Pay of your Army and Navy; and is tendered unto your majesty for preventing they conceived it necessary to begin with that all further disputes touching the legality thereof, part thereof next at hand, wherein your people for we know it is your majesty's desire, that would receive the most ease and the greatest nothing might be done by any of your officers security and satisfaction, which was the dis- or ministers that act under you, sine figura justibanding your majesty's forces by land, and the tiæ et warranto legis. Another is intituled, An paying off 25 of your ships then in the harbour, Act for erecting and establishing a Post-Office :' and of no use; and this led them to the con- and this being likewise legally settled, will be of sideration of such Ways and Means as were to very great use to all your majesty's people, and be used to raise money for that purpose; and especially your merchants, for holding intellithat for Poll-Money being propounded and gence with their correspondents, factors, and passed, some were of opinion that that alone agents, in foreign parts, literæ sunt indices animi; would have over-done the work, others having and without the safe and speedy dispatch and had experience of a former bill of the same conveyance of their letters, they will never be nature, and upon the like occasion, fearing it able to time their business, nor carry on their might not answer expectation, and being un- trade to an equal advantage with the merchants willing to be deceived the second time, espe-of other countries. The other Bill provides cially in such a business as this, wherein a mis- for the increase of your majesty's ordinary and take was like to prove so penal, moved for a constant Revenue, by the grant of an impost further supply (which, after some debate, was to be taken upon Ale, Beer, and other beveragreed upon) of a two-months Assessment, at ages therein particularly mentioned and ex70,000l. per month; and both have not yet pressed, to hold to your majesty for life, which fully done the work for which they were de- God long continue. And as it is the desire of signed; but with the help of two other Bills your commons that your majesty might never here in my hand, the one intituled, An Act be necessitated to resort to any extraordinary for the levying the Arrears of the 12 months or unparliamentary Ways and Means, for the Assessment, commencing June 24, 1659, and raising of Money upon your people, so they the 6 months Assessment, commencing Dec. likewise acknowledge it to be their desires to 25, 1659;' and the other intituled, An Act support and uphold, to the utmost of their for the speedy provision of Money, for dis- powers, the honour and grandeur of your mabanding and paying off the Forces of this king-jesty's royal state and dignity.—And for a furdom, both by land and sea,' they hope this ther evidence of your commons dutiful affec

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