for charging them to confirm them by it. If you intend to re-assume all the crown revenue, not granted by act of parliament, I am for it. But I would have an act also, to make it penal for the future to obtain such grants, and to make the crown lands unalienable for the future: I am for that. here; legislatively, by acts of Re-assumption, But then they have come with fresh pursuit after them. Parliaments inay have intervened. Formerly it has been upon a hot scent. Something of crime there is in it; but not such as to make the intruder punishable in Westminster-Hall. When multitudes offend, general Sir John Knight. Some would willingly give punishinent is not thought convenient in gothree years purchase to have these lands con- vernment. When the king came in, how firmed to them, and I would have them re- many hundred thousand pounds were pardoned, assumed that they may ease us in the burden which the crown had a right to! But when it of our taxes. In Cornwall there is 30,000l. a is so populously concerned, viz. the whole goyear of old rents, 100,000l. per annum. That verniment, it would do well that they paid a is gone out of the crown, which was for the year's value, and that we confirm their titles. safety of it. You will find 30 several acts of If you will go to a total Re-assumption of these parliament, in former kings times, for Re-as-lands, you will destroy thousands of families; sumption of the Crown Lands, and I would and, I hope, by putting a year's value upon bave it so now. them, to have some account of them. In the late Convention, there was a question, that satisfaction should be made by the purchasers of the king's lands. It was then undertaken, that the king might have 100,0001. a year, and the purchasers be satisfied for what they had paid for the lands. There are not many hundred pounds a year of that left now in the crown. Now, if you will go back to king James's time, antiquity of possession does make a kind of right. There is always a distinction between the ancient patrimony of the crown, and lands which have fallen to the crown by escheats. That is a casual revenue, which the king has to give for reward of services done him. A year's value of lands given from the crown, from 1660, and a half years value of lands given, &c. from king James's time, I shall agree to. Sir Tho. Meres. I would not, by taxing those who have these grants in the crown lands, make a worse or a better title, but leave them in statu quo. I desire to take some profit of them now, and some another time. They may well contribute, for all their lands ought to go to the crown; but by this Act I would have them neither make a better nor worse step than before. Mr. Williams. This charge you lay upon them is in respect of the profits they have already received. They have intruded into the king's possessions, therefore you do well to right the crown. Mr. Finch. I am against the question, as it is stated. But neither myself nor any relation I have, has the least interest, direct nor indirect; not one foot of these lands I have, or am likely to have, and so I have no interest Mr. Waller. I have heard that all lands in the question, and may speak with the more were first in the crown, as in Doomsday book. freedom to it, because I am impartial. The Land-tax is a Re-assumption; we give back to king has an absolute right to these lands; he the crown what came out of it. I cannot imamay sell, or give them-It is said, 'They have|gine how, if the common law cannot secure a been given to deceivers, and obtruders. And man," an act of parliament should. Many this will confirm them-and the only intent men talk of Non obstante's, &c. The common to strengthen some letters patents.' If those law of England is of a second nature, a custom. letters patents are good already, they need I think, an act of parliament is no better than no act to confirm them. Purchasers since the common law, and I wonder at it, that, in 1660 have alienated those lands, by indefea-king Stephen's great wars, there was not one sible title, and paid a consideration. Shall these pay for reversions that never have received the profits? Sir Edmund Wyndham. Since this of Reassumption, &c. has been started, I would have something done; people else will sell them, and then you cannot touch them again, when you meet. Therefore I would charge them now. Sir Gilbert Gerrard. I would go farther than England: I would have the lands given away in Ireland re-assumed, and am ready to give my vote to the question. Mr. Powe. This debate seems to me as if you had given so much the other day, that now you go a hunting where to find it. What may pass for good grants in Westminster-Hall, may yet be judged otherwise here. To take away the patrimonium sanctum,' was always esteemed a crime, and punished no where but tax laid upon the people. The reason was, because land was so in the crown; but at last land coming so out of the crown into the commons hands, they grew considerable. There may be extremities in all things. What a world of land would have come to the crown, if the Act of Oblivion, that sacred act, had not been made! I would have a committee to consider of such restrictions in this matter as may be equitable and just, and I shall approve of it. Mr. Garroway. In this matter, I would stir nothing that may be any occasion of discontent from the people to the crown, as this may do. It may be of dangerous consequence, and I would be tender in it. Sir Ch. Harbord. I have, both before and since I was the king's servant, endeavoured to prevent grants of the Crown Lands. But when they are passed, I would not have the king less just nor honest than another man. | crown-land, sold since 1660, to be taxed disYou would not pass them by act of parliament, tinctly from other lands. The king's revenue by charging them as has been moved. There in 1660, then stated, was a great work. All are two sorts of alienations of the Crown-Land, that was done then was, not that the crowneither by gifts and grants, or sales. In case lands should not be alienated, but that leases of gifts and grants, you have confirmed soine should be let upon improved value, and your by acts, &c. And they are good grants in law. Address to the king was accordingly. So that If you can in justice improve the crown-land, revenue made up, with the rest, 1,200,000l. a you may. But make justice equal, not to vear. But I fear you will not find the moiety undo a million of persons. There were mighty of the improved value reserved, upon leasing grants formerly to the duke of Buckingham those lands. If you intend to see and examine and the earl of Somerset. They were mighty that revenue, it will be a great trouble, and things. Lord Dunbar had mighty things. All not to be done. Till I hear why these lands these were alienated to purchasers, freeholders, should be taxed more than others, I cannot and the law cannot dispossess them. I would give my consent. I would have you go on go uo farther than those grants, &c. from funds that you can raise money upon. 1660. But still that will not do your business in what these may bear. I would faturely easeland, but for the present this will raise you little or nothing. Sir Robert Sawyer. Excepting two grants to the duke of Albemarle and the earl of Sandwich, I think there are no grants sold or given of the crown-lands that will in any measure do any thing. Grants that have reserved the old rents, I suppose, you intend not to meddle with. I believe they come not to above 10 or 15,000l. per annum, and to brand them criminal! As the king has rewarded those who have suffered for him, will you let them who have bought and sold bishops lands, &c. go free? Will you let them alone? Whether are you going to raise 10, or 12.0007.? So small a thing! There are two sorts of patrimony of the crown. The ancient patrimony of the crown, and casual attainders and escheats. Escheats may be granted away. The ancient patrimony, &c. is of above 400 years, and it is a great difficulty to bring that back to memory. When the Conquest was, all lands were in the crown. And in the wars of York and Lancaster, the next succeeding king called all in question. When a weak prince had granted away the crown-lands, those sales have been called in question. And an act of such oppression as this will be cannot pass without some reflection upon us, who for some few instances of rewards, that the crown has given to persons of desert, &c. What is law, is law every where. When I consider how little this will raise, and what reflection it will be upon the government, I am against it. That casual revenue of escheats is kept separate in the exchequer from the rest of the revenue. I think it fit not to stir this matter, at this time of day. Sir Rd. Temple. To say that no revenue of the crown is alienable, is strange; and if all the forfeitures in England were to be still in the crown, it would have all England in time. Ancient Demesne in the crown was never alienable. The late king Charles, out of a worthy resolution to pay his father's debts, sold some of the crown-lands, and, perhaps, he was deceived in the value. But since this king's time, you will find little alienated. You are now to consider, if it be reason to charge Sir Ch. Harbord. The king has granted me four manors of 400l. per annum each, not a farthing profit to me, as long as the queen lives. [This sir Charles said, upon Mr. Goring's alleging he had Crown-Lands given him.] As I have saved the crown 80,000l. at a time, I desired only a mark of my service, and that is all. Sir Tho. Meres. Where the king's Revenue is alienated, I would have all that out, wheresoever it is. The Speaker. This debate must end in a question. I am one of those that welcome all propositions that have a tendency to ease lands. That of the New Buildings, which you voted yesterday, if of as great a value as apprehend-ed at first, may do something towards easing land, but this to-day will do less than nothing from a retrospect to 1660 only. I desire gentlemen to consider the bottom this stands upon, and the charge upon that alienation. The whole is not above 100,000l. a year, and some is disposed of by act of parliament. Some to the duke of Albemarle, and to the earl of Sandwich for his early repentance. Several lands, by act of parliament, have been commuted. Cast your thoughts a little, and remember that never any king came into his kingdom with such a debt of bounty as the king had to reward. Though their interest was given up for the public peace, yet some compensation they might expect of their lost fortunes, for preservation of the government; and you now lay upon them a charge for that loyalty. If you lay the charge on these gentlemen, it is unjust; if on the purchasers, it is so too. It will raise nothing, or worse than nothing, I would lay this debate aside. Upon a division, &c. the Reassumption was laid aside*. Feb. 23. Resolved, "That part of the million to be raised to enable his majesty to enter into an actual War against the French king, shall be raised by a Poll-Bill." And a bill was ordered in accordingly+. *This being in the committee is not mentioned in the Journal. The heads of this Bill were as follows: "All debts and ready money were taxed together with all persons exercising any public Debate on the State of the Nation-War | king has had unhappy counsels. I will not with France-Removal of Evil Counsellors, exasperate matters, nor ravel into counsels. I &c. *] March 14. Sir Gilbert Gerrard. The office, place, or employment, or receiving any pensions or stipends from his majesty; all judges, serjeants at law, counsellors, attorneys, solicitors, and scriveners; all advocates, proctors, and public notaries; and all persons practising the art of physic; all servants receiving wages; all persons other than such as receive alms of the parish, and their children under 16 years; all dukes, marquesses, earis, viscounts, barons, and their eldest sons; all baronets, knights of the bath, and knights bachelors; all esquires, or reputed esquires; all gentlemen, and reputed gentlemen; all widows according to the dignity of their husbands; every gentleman having an estate of 3007. all the dignified clergy; all persons holding two or more benefices with cure of souls, amounting together to the clear yearly value of 120l. all merchants, strangers, and Jews; all doctors of divinity, law, and physic, except doctors of divinity which have no ecclesiastical benefice; all merchants trading in the port of London, and not being free of the city; all merchants and others using any trade or manual occupation, and holding a house of 301. per annum within the city of London, and bills of mortality; and all members of the East India and Guinea companies, for their share in the joint stocks of the two said companies." *The commons, however, resolved that a day should be appointed to consider of the State of the Kingdom with respect to Popery. "And three days afterwards," says sir John Reresby, my lord treasurer sent for several members of the house, and me among others, to the treasury chamber. His lordship there told us, it became all good subjects, to withstand all such motions and proceedings, which tended only to perplex the minds of men, and disturb the public tranquillity; in short, to raise jealousies of the government. The duke also among other things told me, it would be to disarm all Popish Recusants which he thought a ridiculous thing." "We are farther told by sir John Rereshy, that, on this day, several speeches were made in the house, full fraught with jealousies and fears; and particularly with regard to the Army at this time levying, as if it was rather intended to erect absolute monarchy at home, than infest the enemy abroad. Complaints were also made of evil councel, and counsel lors; but nobody was named. It is reasonable to think that the immediate business of the day, was the farther consideration of the Supply, the far greatest part of which was still unprovided for; but the wayward disposition of the house inclined them to postpone the means, though they contended as warmly as ever for the end; making it a point to have the court at their mercy, rather than submit themselves and the nation to the mercy of the court. The debate was long, and gave rise to will only say, that if the advice of the parliament had been taken, we had not been in this condition. The strength of the French king, both by sea and land, is far beyond his neighbours. He has, at this time, no less than 100,000 fighting men under his banners. I am sorry we have neglected the Militia of the nation so long as we have done. Now things are mainly at the stake, and they might preserve us. Our out-works are already taken taken, the Spanish Netherlands, and, I fear, the French army is so great, that the prince of Orange cannot make head against it, and the worst of all is, we have jealousies amongst ourselves. Unless their be balsam to heal us, we are in a sad condition. I hope the wisdom of the house will resolve on such things as may give us cure; and I hope the lords, who are part of the government, will consider the State of the Nation as well as we. I will not sit down therefore without a motion, viz. “That we may humbly move his majesty to declare War against the French king." The consequence whereof will be the bringing in our allies, and we will venture our hearts and lives, and our purses will be open like Englishmen; and I hope for good success. Lord Russel.* The gentleman that spoke an Address containing the advice of the house, that the king would declare war with France. It was also stiffly contended for, that a part of this Address should be to intreat the king to put away those evil counsellors from about him, who had advised him to adjourn the parliament in May last, and thereby prevented a war with France all this time. But this being pu: to the question, it was carried in the negative by five votes only: and, whereas, the king had before reprimanded them for giving their Advice, without the concurrence of the lords, they resolved to remove that cavil by calling upon them to join in it: but whatever endeavours were used for that purpose, their lordships suffered the Address to lye before them, if not without notice, at least without answer." Ralph. Son of the earl of Bedford, who for his inviolable attachment to the Protestant Religion, by warmly promoting the Bill of Exclu sion (as will appear hereafter), being tried and condemned for a pretended conspiracy against the king, was beheaded in Lincolns Inn Fields, on July 21, 1683. Bishop Burnet's character of him is as follows: "Lord Russel was a man of great candour, and of a general reputation; universally beloved and trusted; of a generous and obliging temper. He had given such proofs of an undaunted courage, and of an unshaken firmness, that I never knew any man have so entire a credit in the nation as he had. He quickly got out of some of the disor ders into which the court had drawn him, and ever after that his life was unblemished in all respects. He had, from his first education, an last, has made a good motion. I hope in time we shall justify ourselves from the aspersion that we did not give Money sooner. I would set the saddle on the right horse, and I move that we may go into a committee of the whole house, to consider of the sad and deplorable condition we are in, and the apprehensions we are under of Popery, and a Standing Army: and that we may consider of some way to save ourselves from ruin. Mr. Sec. Coventry. I have been always as jealous of the greatness of France, as any man. There are already 48 companies of foot, sent over into Flanders: but what advantage shall we have more by a sudden declaring of war against the French king, before we are prepared? We have more merchant ships out, at this time, than any other nation. And this sudden Declaration will but give occasion to the king of France to fall upon us, before we are provided. What is it you can do by it? You are in treaties now, and will you overrun your allies? I would do as the Romans, who made Declarations of war jointly with their allies. That one thing I would know; what advantage we can have immediately to declare war, before we are in a posture for it? War will be declared, when we are ready for it; but if you advise the king as is moved, consider well what you have to do. Sir John Hotham. I will not talk now like a Sophister, but like an Englishman. If our advice had been taken, which we gave honestly and worthily, things had not been at this pass. I am not worthy to sit here, if I do not second that noble lord's very worthy motion of going into a grand committee to consider the deplorable condition we are in. Sir Nich. Carew. Coventry would know, why we are so hasty to enter into war. If we really declare war, we animate the confederates. If we go into a grand committee, I hope we inclination to favour the Nonconformists, and wished the laws could have been made easier to them, or they more pliant to the law. He was a slow man, and of little discourse: but he had a true judgment, when he considered things at his own leisure. His understanding was not defective: but his virtues were SO eminent, that they would have more than balanced real defects, if any had been found in the other." His father was created by king William and queen Mary, marquis of Tavistock, and duke of Bedford, and among other reasons for conferring those honours, "This was not the least, that he was father to lord Russel, the ornament of his age, whose great merits it was not enough to transmit, by bistory, to posterity, but they were willing to record them in their royal patent, to remain in the family, as a monument consecrated to his consummate virtue, whose name could never be forgot so long as men preserved any esteem for sanctity of manners, greatness of mind, and a love to their country, constant even to death." See the Patent. shall find out the instruments of our long prorogations, and French counsels, as if they had been pensioners to the French king. Then the confederates will see that we are in good earnest. Let us enquire if we have not the same Counsels and Counsellors that we had before, and clear ourselves, and set the saddle on the right horse. Sir Philip Monckton. I did not complain of my imprisonment in the Tower: I desired no man to complain of it. Neither shall I complain of my lord chancellor's putting me upon a recognizance. I will not complain of the king to his people: I would not be thought a man of petulancy, or a malecontent. It is said it is not now time to declare war.' Just at the beginning of these times, the late king was persuaded by his council that all was quiet in Scotland, and he never knew the Scotch army was marching, till they were upon the borders. I concur therefore with the motion for the house to go into a grand committee. Sir Ch.Wheeler. It is moved, That you enquire into the king's Counsels.' I am old enough to remember that the enquiry into evil Counsellors began the late war, took off lord Strafford's head, and was followed by such an effusion of blood that I hope the like will never be again. I fear the consequence of this enquiry. I will not trouble you with old stories: if any person has any thing to say against Counsellors, he may now; but to go into a grand committee to set up a si quis, and make a noise abroad-if any gentleman will name persons, he may do it here. Mr. Vaughan. Converse with persons without doors and within, and you will find dangers proclaimed at home and abroad. So sad an effect cannot be without ill causes. According to Wheeler's argument, let the consequence be ever so ill, of evil Counsellors, you must not examine them, because it had once illeffect; and so the nation will never have remedy. I think we must see how we came into these misfortunes, before we get out of them. Sir John Ernly. If I thought we were in jest, as some do, in this great affair of war, I would say nothing. The king is in actual war with the king of France, and will go as far in it as you will enable him. He has at present no money, nor credit. I will say nothing to excuse any man. Let every tub stand upon its own bottom. I have a clear heart; our house is on fire, and will you not quench it, but enquire who set it on fire? I see no fruit of this proceeding you are upon, but confusion and misery. Lord Cavendish. I am not of the opinion, that we are in jest.' I think some have been in good earnest. I would go into a grand committee, that we may enquire whether we shall go into a war, or no; for we are in the dark. Sir Philip Warwick. I would rather that you took this matter moved into consideration to-morrow, than press it to day. I have feared this greatness of the French king these 40 The Address was, upon the question, agreed to by the house. And it was resolved, That the concurrence of the lords be desired thereThe Address was sent up accordingly, but it never proceeded further. to. years; and in my last master's time, they had produced those good effects your maj. intended, great correspondence in court, and found case- we do most humbly beseech your majesty, that ments to look in at. If we apprehend our you would graciously be pleased to recall your army's terrors to ourelves (and I have seen ambassadors from Nimeguen and France and war to the ruin of the nation, and destruction to cause the French ambassador to depart of the prince) I have not a word distracted from hence; that your maj. being publicly enough to express it. I am as willing (like disengaged from acting as a mediator, or upon Balaam's Ass) to crush my master's foot, when such terms and conditions as were then proan angel stands in the way, as any body; but posed, your maj. may enter into the war to no I am not for this question now. other end than that the said French king may The house then resolved itself into a commit-be reduced into such a condition, as he may tee, to consider the State of the Nation, and to be no longer terrible to your majesty's subpresent Remedies to prevent the Dangers there-jects; and that Christendom may be restored of. The question being put for making the to such a peace, as may not be in the power Removal of those who had advised his majesty of the said king to disturb." to the Answer of the Address in May last, from his Councils, part of the Address, it passed in the negative, 135 to 130, and a committee was ordered to draw up the Address. Sir John Trevor afterwards reported from the said Committee, That they had taken the matter into their consideration; and bad agreed to a vote: and the Vote being delivered in at the clerk's table, and twice read; was, upon the question, agreed; and is as follows. Resolved, &c. "That an Address be presented to the king, humbly to advise his majesty, That his majesty, to quiet the minds of hisjesty: loyal subjects, and to encourage the princes and states confederated against the French king, will be graciously pleased, iminediately to declare, proclaim, and enter into an actual War against the French king; and to give his majesty assurance, that this house will constantly stand by, and aid his majesty in the prosecution thereof, with plentiful supplies and assistances: and that his majesty be graciously pleased to recall his ambassadors from France and Nimeguen; and to send home the French king's ambassador." The Commons' Address of Advice, that the King would declare War against France.] March 15. The said Address was reported, and is as follows: "We your majesty's most humble and loyal subjects, the commons in this present parliament assembled, do, in all duty and faithfulness to your majesty's service, humbly present your maj. with this our Advice: that for the satisfying the minds of your good subjects, who are much disquieted with the apprehensions of the dangers arising to this kingdom from the growth and power of the French king; and for the encouragement of the princes and states confederated against him; your maj. would graciously be pleased immediately to declare, proclaim, and enter into an actual War against the said French king: for the prosecution whereof, as we have already passed a Bill of Supply, which only wants your royal assent, so we desire your maj. to rest constantly assured that we will from time to time proceed to stand by, and aid your maj. with such plentiful supplies and assistances, as your majesty's occasions for so royal an undertaking shall require. And because your majesty's endeavours, by way of mediation, have not March 18. Resolved, "That such members as are of his majesty's privy council, do acquaint his majesty, that there is a Bill of Aid passed both houses, and ready for his royal assent.” March 19. Mr. Sec. Coventry delivered to the house the following Answer from his ma "C. R. His majesty hath received the notice sent him by this house, that the Poll-Bill was now ready for the royal assent; which his maj. was well pleased to hear, and resolves to pass it to-morrow. His maj. desires this house to dispatch the rest of the Supply promised him, with all expedition. The sea and land preparations run great danger of being disappointed, if these supplies be retarded and it would be a satisfaction to his maj. to bear from this house, that no more time should be lost in a work so necessary for the safety and reputation of the nation, as the finishing those supplies." A Short Recess.] March 20. On a Message from the king, the house went up to attend his maj. in the house of lords; where he gave his assent to the Poll-Bill, &c. and made the following Speech; "My lords, and gentlemen; I am so zealous for the good of the nation, that it shall be your fault, and not mine; if all be not done as should be, for the honour and safety of it: and I must tell you, there must be no time lost." March 26. The house addressed the king for a short Recess; to which his majesty agreed, and appointed them to adjourn to April 11. Sir Robert Sawyer chosen Speaker.] April 11. The house being met, Mr. Hen. Seymour, one of his majesty's bedchamber, and uncle to Mr. Seymour, the present Speaker, acquainted the house, That he had received information by a Letter by appointment from Mr. Speaker, who at present is at his house in the country in the interval of the sitting of the house; that he was there suddenly seized with a sickness and distemper, so violently, that he was confined to his bed, and not able to write himself; but so soon as it should please God to |