Sir Rd. Temple. If you apply a less penalty king's attorney sends the warrant, and that he than felony to this case it will not reach: it is fe- will not do without command, this clause is a lony now, but by clergy, which is much more than jealousy, and without effect of our ends: it is abjuring they are burnt in the hand, and for- an indecent thing to shut up mercy: he who feit their goods: would have it thus put in, by advised the emperor to shut up the sanctuary, surprize, and at unawares;' by day these things fled to the horns of the altar, and could not lay are not so commonly done. hold of it. Mr. Secretary Trevor. What consideration Sir Wm. Coventry, would not have the nathis will have abroad, he always reflects: the ture of the fact otherwise than it is : ' lost,' inparliament upon this occasion makes a general stead of robbed:" he will have no other law upon particular occasions, but knows no thoughts than what the house has of it. What reason why it should be for people in general: fell from Mr. Attorney, is a reason for confiras parliament-men are now liable to greater mation of the clause. He is never desirous of hardships than formerly, so would have dis- any man's blood; and if you continue this tinction when prorogation comes, we are as clause, it will reach the end of the member other men, and lie under hardships for what we injured, without blood. Let every man consay here: soldiers of fortune may live in ano-sult his heart, whether his blood would not be ther country as well as here: would not have it banishment. Sir Tho, Clarges. Few were saved in Hen. iv's time by clergy, for few could read; so it was severer than now. Mr. Serj. Maynard. You have precedents of a special occasion for a general law, as Chedder's case: thinks that proper and prudent; and has no inconvenience against making it death: would have it more than abjuration, because to aliens, and such as desire to be abroad-but he must approve; and if he return felony: would have it perpetual banishment, but not death. Sir Wm. Coventry. For the case of a parliament-man, thinks abjuration proper, but for all people would have it felony. Mr. Serj. Maynard. Clergy is now a matter of nothing; Clergy at common law was not an absolution from the offence; he then had a writ declared of restoration upon his purgation. Sir Tho. Clifford. Much more to be said in the bill of lord Clarendon than this, in point of pardon: the second precedent entails things upon you would not have the people out of power of pardon. It is the first time you have totally put a thing out of the king's pardon. Sir Rob. Holt. Several crimes as this, of robbing and murder, the king cannot pardon, only respite execution: if they come by a day, would not have power of pardon taken away. Sir Nich, Carew. If the action be without precedent, why should not the prosecution? This was done by the guards; if they should be pardoned, knows not what they may do to the king, and moves it for his majesty's ease and advantage. Col. Kirby. A greater offence than this we petitioned the king to pardon, which was his father's murder. Sir Tho. Meres. This house twice petitioned for execution, and it rested with the lords: therefore that is a mistake... Mr. Attorney Finch, objects against the bill, that you convict them by the bill: would have it thus, in which assault a supposed robbery was done, which they are not yet convicted of." The things may have been lost. As for pardoning, it is the same thing to pardon and not to execute, which is never done, unless the higher than any philosopher can conquer; for it may put your member upon unchristianly revenge; and appeals to any gentleman what he would do, if he should see such a person walk the streets that had so injured him. Whatever we do here is petition; and it is a greater thing to petition to pardon than not to pardon: for the safety of all Englishmen lies in doing of justice. It is no new thing to find pardons interceding for persons: 51 Ed. iii, the Speaker had order to move the lords for Peirce, &c. It is not new for you, in case of an honourable member. In lord St. John's case, you went yourself with the house, in a body, to ask his pardon: for desire against pardon, 21 Edw. iii.: murders, &c. were frequent, by reason of pardon. Sir Tho. Clifford. Coventry's precedents were before Henry vth's time. He has read them, and been told, that before Henry vth's time, the king put the sceptre upon one clause of a bill that he approved of, and left out another. Now the king passes all, or passes none: these ancient precedents have not the force that is urged by Coventry : moderate it so, that you tie no shackles on his majesty. Dr. Arras made an extravagant motion for a Bill to be brought in, to punish any man that should speak any reflective thing on the king. By some he was called to the bar; but his explanation and excuse were admitted of. He said, ' He was the only physician of the house, and, humanum est errare: he hoped he should be pardoned.' Sir Tho. Clifford. Your Chair has not been infallible. Do you know what Martin said, the impunity whereof was a great cause of what followed; and if the majority will not punish seditious expressions, thinks such a bill for the honour of the house. Sir Tho. Lee, would not have that pass for doctrine, that, because once the majority of the commons have rebelled, hereafter they will do so; and if that be taken for granted, we pass a high reflection on ourselves. Mr. Hen. Coventry. There was a violence; and should only the person that takes the money, and not they that stand armed to assist the other, be guilty, it would be strange. Mr. Vaughan. Sandys consented to the as sassination, but not to the robbery; it is alte | penalty have you now more for a member rius generis. But here every one is principal, though of one kind, and they present when cutting is committed: lord Dacre's case, when his men went a deer-stealing. Sir Rob. Howard. Here is more' in the case; for these persons were present, and might have prevented; if you will have all accessaries incapable of pardon, it will reach many. If he had struck only, and not taken away, &c. Mr. Attorney Finch. The fear that there should be a general pardon from the king, which you cannot mend, nor add exceptions to, is objected. Answers, he hopes to see such a pardon, but is in no prospect of such a pardon; and this jealousy may hinder such an intention: this is grafting one jealousy upon another: this is prime inventionis, ingeniously rolled in gentlemen's thoughts; and if ever any such thing was done, will sit down. Sir Rob. Howard. The king may pardon all but such as actually wounded, maimed, struck, or took away: he would have him named, if he does get his pardon, that mankind may know. Sir Tho. Meres. Is it imaginable that such persons, so infamous, should hinder an act of grace? Would have added unless such persons shall be particularly named in the act.' Sir John Duncombe. Is not for that clause: knows not but he himself may want an act of grace as much as any man; and knows not whether this clause may not stop it: does not remember, in an act of this nature before, any such thing was mentioned. Mr. Cheney is persuaded, that if such an act be intended, these words will not hinder it; and therefore would have the persons named. Mr. Milward would not, to remedy a single person, insnare all the commons of England wound, maim, or bruise,' it may be done by mistake: upon a bare proclamation, if the person appeared not, a member should have judgment and double damages: this our ancestors thought a fair distinction of a parliament-man, from another man. Sir Tho. Higgins. It was never death to strike a senator of Rome, nor now to strike a senator of Venice, out of the senate. Would not have us take more upon us than our ancestors did. Sir Rd. Temple. The two particular cases beget a general law, of double damages. Would you have any man for double damages venture to beat a member of parliament? Would have a general law, to prevent making more, for the future: the law implies malice, when there is no act of provocation. Mr. Vaughan. Is against making a bare trespass felony; would have it farther considered. Sir Rob. Carr would have the law secure those we represent, as well as ourselves; therefore would have another bill brought in. Sir Tho. Lee. Times and manners are altered, and men are: time was, when none should go armed in parliament-time. What than another person? We come to provide for the commons of England, as well as for a par ticular member: we are, upon occasion of speaking, exposed to that which other men are not. Col. Stroude. We shall, by this, give other provocation, and they not dare to provoke us. Sir John Birkenhead. Swinnerton quarrelled with Ipstock, and killed him; it was but as killing another man; parliament-men will be afraid of one another: riding armed, forbidden in three several parliaments, within the liberties of Westminster, unless his majesty's officer's,' an integral part in that proclamation. Mr. Hen. Coventry would not only have it felony upon the member, but upon any man: if he may not have a privilege against bastinadoes, cares not for having it against hurts: would have it against cudgels as well as swords. Mr. Vaughan. We have privileges that other persons have not, from arrests: why should we not have it in other things? Col. Birch. If we have a greater guard than other men, we shall be less regarded: desires we should be no more distinguished than other men; but to have our noses cut, should be deferred-is against it-if we were a people that went not to plays nor taverns, another thing; but at this rate, no man will play with us. Sir Job. Charlton. It is not felony if he wounds' a man that is chancellor, or judge, executing his office; killing is treason this making it felony upon one of the house is unreasonable, that it should be more than upon those that represent his majesty's person. Sir Adam Brown would have care taken to prevent combinations: would not have the clause disjoined from the bill, which occasioned the penning of the bill. Sir Tho. Clifford. Is for the clause of a general assassinating; and it is not proper to make ourselves, who are not judges born, as the lords are: we are 500 to day, and 500 new men a month hence: there can be no notoriety to the people: would have some gentlemen accommodate this to the bill. The Bill, with the amendments, was ordered to be ingrossed; and on the 14th, it was resolved, That the Bill do pass, and that the title be," An act to prevent malicious Maiming and Wounding." Debate on a Clause in the Subsidy Bill, for doubly assessing Members, defaulters in Attendance.] Feb. 16. A Clause for doubly assessing the Members, defaulters in attendance, in the Bill of Subsidies, was moved. Mr. Attorney Finch. Whoever is so unfortunate as to be in this black list, to be upon record, had better quite be thrown out of the house. What will be the consequence? Suppose they will justify themselves by reasonable cause, will you allow them to deny that which you have voted to be true? If not heard, they are condemned unreasonably. Will the lords pass it without scanning? And do you let them in to examine what are the weighty af fairs of this house, and judge it? You have other ways; you have power to fine them; and that you appoint a day to pay it, upon penalty of expulsion from the house. You may do it, but would not have such a clause to stand on record, to the disgrace of so many families. Sir Tho. Lee. It is no more than an additional penalty to the statute of 6 Hen. viii. for that loss of wages was as notorious as this additional penalty. Mr. Attorney has told you, that after session you have no power to fine them; therefore, this way you take, you have as much judgment in this as the peers, for they had your assistance by that statute to fine their own members, and no man can imagine the peers thought it our judging them. A gentleman born petitioned to be discharged his employment, but could not obtain it: the inconvenience and burthen is now ten years parliament, but that must not be a pretence for absence; but when you come to a division of eightscore, rarely 300, this shews the world that you take it to be your interest to have a full house; and this will carry on the weighty affairs of the kingdom, which are not frivolous, and so the lords can take no exceptions at your preamble. If you here, and should they be exempted, weigh it; is it a little thing that summons after summons has been given by the sheriff, and other ways, and they contemn your service? Sir Rd. Temple. It never came before the commons, such names as should be fined, as is now intended in ours; but they returned their | names to the exchequer. Thinks no member would submit Judicature to the lords: it is a mistake that the house cannot fine; they have fined persons 2001. and that levied: they have committed a person for printing a scandalous book, and fined him, and he stood committed after the session, until he has recanted his book, and submitted: if you send it to the lords, they will not pass it blindly, without examining things, to be assured of the fact ; would have you fine them, and the monies to be distributed in the boroughs or counties they serve for. Sir T. Clifford would have the debate kept to one point. He agrees that the honour of the nation is a full house; see whether this way be a proper way. This way will intimate you have no other way. Can you punish them no other way but to go to the lords for it? Suppose the commons had a vote in the lords punishment; you pretend to have the sole power of punishing your members, and yet you will subject your opinion to the lords: every body for a full house: for a rod and terror, set a day a month hence, and if you are not satisfied in their excuse for their absence, send out new writs. In Edw. ii's time it was so. did resolve to punish them, would you do it by this bill? Bills of Supply never stick with the lords, usually not three days time, without conferences. Suppose they petition the lords, as supreme judicature of the nation, that 'such a mulet is put upon us, we desire you to strike us out, and let the bill be amended; surely you would send him to the Tower that should do it. By this you do not let a man have the freedom of helping himself. As long as the other bills are not passed, you have the rod still, and may punish them by fines, or sending out new writs. If the lords should see you mix Judicature with Subsidy, what will the lords say, the preamble mentioning nothing of it? Here will you punish men that give to the king. Mr. Garroway. You are told, it agrees not with the preamble of the bill, but thinks those gentlemen would still stay at home, though the French were landed at Dover; as for turning out of the house, so it be without reproach, thinks it an advantage, and would be out himself. The Lords have only their consent, as in other things. Some are half undone by being Sir Tho. Meres. The great argument is the disadvantage we subject ourselves to. Distinguish the legislative capacity, and we can take nothing ill from the lords. All our proceedings are to the legislature. The greatest evil in the world is a thin house; the very noise of this Clause has sent people up. Sir Rob. Howard. Not above 40 of 500 are wanting. Mr. Vaughan. Whoever is elected, is in as great a trust as a man can be capable of; either by his absence he indulges his own private affairs, or neglects your service; and they deserve a mark not to be chosen for the future: they that absent themselves from your judgment, deserve to have your judgment passed upon them. As to those who say, the lords are judges in this case; was not lord Clarendon judged legislatively? The pecuniary punishment is but gentle, and if not inflicted, you may have yet an emptier house next session. Sir Henry Herbert. Meres said, he was cold when the house was empty;' he may be too hot when it is full: doubts whether in punishing these members, we punish not ourselves: privileges of parliament are non so che, as the Italian says, neither described nor circumscribed. Whenever this Clause passes in this bill, you condemn people unheard; you expose your privilege to reference and examination of the lords; and suppose the lords re fuse this clause? Offers an expedient-all of a mind to punish nocent persons: from 1621, has observed that this power has not been thus exercised: would have the members sent for in custody. Mr. Henry Coventry. Generally people say it is of the sharpest: you have been well of fered for a Bill to be brought in: it was your fault in not committing your members formerly to the Tower, and fining them. What great charge do gentlemen come at here, by being chosen knights of the shire? Shall not a gentleman go home, and look after his estate, now lands are thrown up? If your rigour be so great, and your session so long, you will have none but such as have nothing else to do: un plenty; and that Astrea herself, long since for the sins of men fled up to Heaven, should have been invited, by his majesty's most gracious and happy reign, to return hither and dwell with us, and converse amongst mortals again. less you build your house bigger, it will not hold us. Would have enquiry into your members that have not been here for two or three years together. There are many now that miss you but a week, upon some extraordinary occasion; will you make them equal with those-But alas, we are all fallen very short of our that contemn you? Mr. Waller. Consider what good you have by it; you have had the best effects already in a full house; some afterwards will be gone, and those fined will not come up. If you go to the lords, you do in effect acknowledge you | cannot punish without the lords. If we say we cannot punish, do we not invite other courts to do it? For offences must be punished somewhere. He has seen 40 in a morning turned out. Seldon said we could not do it without the lords, and we have had ill consequences of it: would have them sent for, and called to the bar, or sent to the Tower, or what we shall judge fit. Sir Edward Dering would have the blanks filled up, before the question be put, to make it part of the bill. Sir John Duncombe. You will punish six, and excuse 250; what justice is there in this? You will put them upon appeals to the lords, and they will have justice there: do you want power to punish, when you can send them to the Tower, and fine them?-The Clause was then rejected, 115 to 98. Lord Lucas's celebrated Speech on the Subsidy Bill.] Feb 22. On the second reading of the Subsidy Bill in the house of lords, The Lord Lucas, made the following noble speech, his majesty being present: "My Lords; When, by the providence of Almighty God, this nation recalled his majesty to the exercise of the regal power, it was the hope of all good men, that we should not only be restored to his majesty's royal presence, and the divine laws, but that we should be free from those heavy burthens under which we had lain so long oppressed; we did believe that from thenceforth every every man should sit under his own vine, enjoying the fruits of peace and expectations, and our burthens are so far from being made lighter to us, that they are heavier than ever they were; and as our burthens are increased, so our strength is also diminished, and we are less able to support them. In the times of the late usurping powers, although great Taxes were exacted from us, we had then means to pay them, we could sell our lands our corn and cattle, and there was plenty of money throughout the nation; now there is nothing of this; brick is required of us, and no straw allowed to make it with. For that our lands are thrown up, and corn and cattle are of little value, is notorious to all the world.-And it is as evident there is a scarcity of Money; for all that money called Breeches' (as fit for the coin of the Rump) is wholly vanished; the king's Proclamation and the Dutch have swept it all away; and of his now majesty's Coin, there appears but very little; so that, in effect, we have none left for common use, but a little, old, lean, coined money of the three former princes; and what supply is preparing for it, my lords? I hear of none, unless it be of Copper Farthings; and this is the metal that is to vindicate, according to the Inscription on it, the Dominion of the four Seas.'t And yet, if amidst this scarcity, the vast sums given were all employed for the king and kingdom, it would not so much trouble us; but we cannot, without infinite regret of heart, see so great a part of it, pounded up in the purses of other private men; and see them flourish in estates, who, in the time of his majesty's most happy Restoration, were worth very little or nothing: and now the same men purchase lands, and keep their coach and six horses, their pages and their lacqueys; while, in the mean time, those that have faithfully served the king are exposed to penury and want, and have scarce sufficient left to buy them bread. "This Speech was burnt by the hangman," And is this, my lords, the reward of our sersays an Address to the Reader" to the great vices? Have we for this borne the heat of the grief and astonishment of all true Englishmen, day, been imprisoned, sequestered, and vento whom my lord Lucas's loyalty to his prince, tured our lives and our families, our estates and and inviolable love to his country was abun- our fortunes? And must we, after all this, sadantly manifested."-Mr. Marvell in his Letters crifice so much of our poor remainder to the writes thus: Dear Will; I think I have not will of a few particular men, and the mainte'told you, that on our Bill of Subsidy, the lordnance of their vanities?-But suppose all the 'Lucas made a fervent, bold speech against our 'prodigality in giving, and the weak looseness of the government, the king being present. 'Copies going about every where, one of them was brought into the lord's house, and lord Lucas was asked whether it was his: he said, ''part was,' and 'part was not.' Thereupon they took advantage, and said it was a libel even against Lucas himself. On this they ' voted it a libel, and to be burned by the hangman, which was done; but the sport was, the ⚫ hangman burned the lords Order with it." money given were employed for the use of his majesty, and his majesty were not cozened (as without doubt he is) is there no bounds to, or moderation in giving? Will you say, that if we shall not plentifully supply his majesty, he will not be able to defend us, or maintain the Triple League? And we shall thereby run the hazard of being conquered.--It is true, my lords, that this may be a reason for giving * Called the Lucas-Farthing to this day. + Quatuor Maria vindico. : something; but it is so far from being an argument for giving so much, that it may be clearly made out to your lordships, that it is the direct and ready way to be conquered by a foreigner. And it may be the policy of the French king, by those often alarms of armies and fleets, to induce us to consume our treasure in vain preparations against him: and after he has by this means made us poor and weak enough, he may then come upon us and destroy us. It is not, my lords, the giving of a great deal, but the well managing of the money given, that must keep us safe from our enemies; your lordships may be pleased to call to mind the story of Sampson; while he preserved his hair, wherein his strength lay, he was still victor over his enemies; but when, by the enticement of his Dalilah, his hair was cut off, the Philistines came upon him, and overcame him and so, my lords, if we shall preserve and husband well our treasure, wherein our strength and the sinews of war lie, and apply it to the right uses, we shall still be superior to all our enemies; but if we shall vainly and imprudently mispend it, we shall become an easy prey to them.-Besides, my lords, what is this but ne moriare mori, and for fear of being conquered by a foreigner, put ourselves in a condition almost as bad; pardon me, my lords, if I say in some respects a great deal worse; for when we are under the power of the victor, we know we can fall no lower; and the certainties of our miseries are some kind of dimunution of them but in this wild way we have no certainty at all; for if you give thus much to-day, you may give as much more to-morrow, and never leave giving till we have given all that ever we have away; and the anxiety of mind which arises from this doubtful estate is an bigh addition to our afflictions. All that I beg, my lords, is, that we may be able to make some estimate of ourselves: would his majesty be pleased to have a quarter of our estates? For my part, he shall have it: would his maj. be pleased to have half? for my part, upon a good occasion, he shall have it: but, I beseech your lordships, then, that we may have some assurance of the quiet enjoyment of the remainder, and know what we have to trust to. -My lords, the commons have here sent us up a Bill for giving his majesty the 20th part of our Estates, at the full extended value; and I hear there are other bills for Money also preparing; which together, according to the best computation, will amount to little less than 3 millions of money; a prodigious sum, and such, that if your lordships shall not afford relief, we must of necessity sink under the weight of so heavy a pressure. My lords, the Scriptures tells us, that God Almighty sets bounds unto the Ocean, and says unto it, Hither shall thy proud waves come, and no farther.' And so I hope your lordships, in imitation of the divinity, will set some bounds, some limits, to this overliberal humour of the commons, and say to them, Hither shall your profuseness come, and no farther.'-My lords, either your lord ships can deny, or moderate a bill for Money coming from the commons; and if you cannot, all your great estates are wholly at their disposal, and your lordships have nothing that you can properly call your own, and then let us pass this Bill without farther examination ; but if you can deny or moderate (as without question you can) your lordships never had, nor possibly will have such a fair occasion to shew it.--My lords, upon the whole matter, I must humbly propose to your lordships, that your lordships will be pleased to reduce the 12d in the pound to 8d.: and truly, my lords, I have reason to hope, that if your lordships will truly reflect upon it, ye will find it do accordingly; for in the first place, it will be so far from being a disservice to his majesty, that your lordships will do his maj. in it the highest service in the world; for although ye shall thereby take from his majesty a part of the sum, you will give him a great deal more in the love and hearts of his subjects; and there his majesty must reign, if he will be great and glorious. And next, your lordships will acquire to yourselves eternal honour; ye shall thereby endear yourselves to the whole nation, who for the future will look upon you as the Antients did upon their Tutelar Gods; nor shall the House of Commons, but the House of Peers, be hereafter precious in their sight.-My lords, give me leave to mind your lordships, that noble acts are the steps whereby the great inen of the world ascend to the Throne of Glory; and can there be a nobler act than to release a distressed kingdom, which lies languishing under so many hard oppressions, and about to be so much more oppressed? I detain your lordships too long, and therefore shall say no more; but must beg your lordships pardon, and submit all to your better judgments." About this time, the king sent a Message to the commons to acquaint them, “That his majesty was informed, that there had some Bills passed both houses, and that there were others depending near their dispatch, which he desired them to hasten, especially those for his Supply and lest they should not be ready for his assent by the 22d of this instant Feb. he had given order for the adjourning of the session until the 10th of March next.' : Petition of both Houses against the Growth of Popery.] March 10. But notwithstanding this Message, the commons proceeded to other matters as well as the supplies, and in particular drew up the following remarkable Petition against Popery, in which the lords afterwards joined: May it please your most excellent majesty; We your majesty's most humble and loyal subjects, the lords spiritual and temporal and commons in this present parliament assembled, being sensible of your majesty's constancy to the Protestant Religion both at home and abroad, hold ourselves bound in conscience and duty to represent to your most sacred maj. the Causes of the dangerous Growth of Popery in these your majesty's dominions, the |