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house. An address was ordered to be pre- | pared to be presented to his majesty, to desire a new Serjeant at Arms to attend the house.

June 5. Mr. Sec. Coventry acquainted the house, that it was his majesty's desire, that the house would adjourn till 4 in the afternoon, and that both houses should at that time attend him in the banqueting-house at Whitehall.-A debate arising touching the Removal of John Popham esq. serjeant at arms in ordinary, attending the house yesterday, the farther debate thereof was adjourned till 5 o'clock in the afternoon, and then the house adjourned till 4 in the afternoon.

Tower; whereupon the lord treasurer reported his majesty's Auswer, viz. "That his majesty hath considered the circumstances of the matter, and is not satisfied how with justice he can remove him."

The commous then took into consideration his majesty's Speech, and resolved, nem con, That the humble Thanks of this house be returned to his majesty, for the gracious expressions in his Speech this day made to both houses of parliament; and such members of this house as are of his majesty's privy council are desired to present the humble thanks of this house to his majesty.

Resolved, "That it doth not appear to this

The King's Speech to both Houses at the Ban-house, that any member thereof hath either queting House] June 5. p. m. contrived or promoted the Difference between the two houses of parliament; or, in asserting the Rights of the commons of England, and the Privileges of this house, hath done any thing inconsistent with his duty, or the trust reposed in him." And then adjourned to June 7.

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June 7. The house resolved, That what serj. Popham did in retaking the four lawyers into his custody, and conducting them to the Tower of London, was in pursuance of his duty, and by the order of the house; and the farther debate concerning the said serjeant at arms was adjourned till Wednesday.

A copy of an Order from the house of lords for the caring counsel in the Case of sir John Fagg, a member of this house, to-morrow morning, was then read and debated: and resolved, That as to the Case of Appeal brought against sir John Fagg in the house of lords, he shall have the protection and assistance of this house.

The commons met, and went in a body to his majesty at White-hall; and the house of lords being also present, his majesty made the following Speech: My Lords and Gentlemen; You may remember, that, at the meeting of this session, I told you no endeavour would be wanting to make the continuance of this parliament unpracticable. I am sorry that experience hath so quickly shewed you the truth of what I then said; but I hope you are well convinced, that the intent of all these contrivances is only to procure a Dissolution. I confess, I look upon it as a most malicious design of those who are enemies to me and the Church of England; and, were the contrivers known, I should not doubt but the dislike of their practices would alone be a means of bringing the houses to a good understanding; but, since I cannot prescribe any way how to arrive to the discovery of it, I must tell you plainly my opinion, that the means to come to any composure between yourselves, cannot be without admitting of such free Conferences, as may convince one another by the Reasons then offered; or enable me to judge rightly of the differences, when all hath been said on both sides which the matter will afford: for I am not to suffer these differences to grow to disorders in the whole kingdom, if I can prevent it; and I am. sure my judgment shall always be impartial between my two houses of parliament. But I must let you know, that whilst you are in de-ingly." bate about your Privileges, I will not suffer my own to be invaded. I have nothing more to say to you at this time, but to desire, as I did when we met first, that you would yet consider, and not suffer ill men's designs to hinder the sessions from a happy conclusion."

The house of lords presented an Address to his majesty, to remove the lieutenant of the

* Burnet affirmis, "That lord Shaftsbury acknowledged himself to be the contriver,' but that others assured him, the thing happened of course." Marvell acknowledging, very candidly, the lords supremacy, in point of judicature, gives it as his opinion, "That the coinmons did not embark in carnest in that affair, but that some crafty members blew the coals, to prevent the Test's coming amongst them.” VOL. IV.

Resolved, nem con, "That if any person or persons shall be aiding or assisting in putting in execution any Sentence or Judgment that shall be given by the house of lords, upon the Appeal brought by Dr. Shirley against sir John Fagg, a member of this house, such person or persons shall be adjudged and taken to be betrayers of the rights and liberties of the commons of England, and the privileges of this house, and shall be proceeded against accord

Ordered, That these Votes be made public, by setting them up in Westminster-hall, and in the lobby of this house, and the clerk of the house to take care to see it done.

June 7, p. m. The commons proceeded in the farther consideration of effectual means for the preservation of their Rights and Privileges, and resolved, 1.." That no person, committed by Order or Warrant of this house, for breach of the Privileges or contempt of the authority of the house, ought to be discharged during this session of parliament, without the Order or Warrant of this house. 2. That the Lieutenant of the Tower of London, in receiving and detaining in custody sir John Churchill, serj. Peck, serj. Pemberton, and Mr. Porter, hath performed his duty according to law; and for his so doing he shall have the

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assistance and protection of this house. 3. That the Lieutenant of the Tower, in case he hath, or shall receive any writ, warrant, order, or command, to remove or deliver any person or persons committed to his charge, for breach of the privileges, or contempt of the autho-house. 4. That a Message be sent to the rity of the h. of commons, by order or warrant of the house, shall not make any return thereof, or yield any obedience thereto, before he hath first acquainted the house therewith, and received their order and direction how to proceed therein."-Ordered, That these Resolutions be immediately sent to the Lieutenant of the Tower, and then the house adjourned.

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 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."

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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.

Sir John Robinson informing the house, that he had received the four lawyers committed to his custody by this house, and denied to deliver them to the gentleman-usher of the black-rod; and that he was served last night with four writs of Habeas Corpus, to bring the said four lawyers before the king and his parliament at Westminster this morning, and craved the advice of the house what to do therein: Ordered, That the Thanks of the house do be given to the said sir John Robinson for his behaviour therein, and Mr. Speaker intimated to him, that he should forbear to return the said Writs of Habeas Corpus, which were read and debated; and the farther debate thereof was adjourned till to-morrow morning, and a committee appointed to search the Lords Journals, to see what hath been done in the case of the four lawyers, the Writs of Habeas Corpus, and Mr. serjeant Popham, and to search for Precedents on the Writs of Habeas Corpus; and adjourned.

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:

"My Lords and Gentlemen; I think I have given sufficient evidence to the world, that I have not been wanting on my part, in my endeavours to procure the full satisfaction of all my subjects, in the matters both of Religion and Property: I have not only invited you to those considerations at our first meeting, but I have been careful through this whole session, that no concern of my own should divert you from them.-Besides, as I had only designed the matter of it to be the procuring of good laws, so for the gaining of them, I have already waited much longer than I intended; and should have been contented still to have

continued my expectation, had there any hopes remained of a good conclusion. But I must confess, the ill designs of our enemies have been too prevalent against those good ones I had proposed to myself, in behalf of my people; and those unhappy differences between 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 15th 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, con-, cerning 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 with 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 I, 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, he 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

sired you to assist him in his care and protection of it, That the Defender 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 bath 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 hath 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 bright 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."

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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 indorsed 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.*

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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 Englishman might fare better, who was to serve abroad against a vote of parliament.' Upon which, a paper, that called lord Caven

* Grey.

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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. i

"Sir; The last severity upon Roman Catholics 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, from 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 parlia ment.' 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 challenge in order thereto, without acquainting the house.

Oct. 18. Resolved, "That sír 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 honour 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 government, 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

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