lam than to answer it here: he protests he lost | 3001. by that business: desires that he who received the money, may certify what he received. It is as ordinary to take subscriptions of this nature, as for the feus. This has been these 9 years, and no complaint made: denies the black list: it is strange that 7001. raised voluntarily in 1661, should beget a rebellion in 1663: another penny per acre was raised by Act of Parliament: it is not likely he should refuse what is given him by act of parliament.To Art. III. Imprisoning of people for bringing Certioraries' Answers, If any were punished it was for some insolence done, not for bringing certioraries. Denies letters for nonappearance. He has granted many Petitions: denies incroaching upon any man's freehold, unless in forcible detainers. His court of precedency never meddles with it; but they have power to quiet possessions, after 3 years quiet possession. Fitzgerald was a person who forfeited his estate by rebellion. There was a letter from a high sheriff, directed to the lord president of Munster, and, in his absence, to the vice-president, complaining of Fitzgerald's forcible detaining a castle, and resisting the sheriff's power; defying his power in open words, as if running into rebellion. The lord chief justice of Ireland said to him, he was obliged to assist the sheriff, and his forces to be subservient to the sheriff,' and this in a time when we feared invasion from the French, and a strong place, and the best port in Ireland. Never heard complaint against any man, nor ever hindered due prosecution of law. To Art. IV. The Article before was of protecting English, now of an Irish murderer t, that he should get him bailed, and so he escapes.' If the justice, upon his letter, do bail a man not bailable by law, it was his fault; he knows not for what the man was committed.-To Art. V. Has witness to clear this. Sir John Broderick and sir Rd. Osborne will prove the action to be voluntary; that land in his possession, and had set it for 99 years.-To Art. VI §. Denies any trust from either soldiers or The charge was, That he, by a paperorder, dispossessed one Edmund Fitzgerald of a house, and 2000 acres of land; slew one of Fitzgerald's servants, and mortally wounded others, &c.' This was one John Mac Davey Mulcahill, who, being committed by the governor of Waterford for treason, murder, &c. was bailed by a justice of peace (as the Article recites) at the earl's direction.' Art. V. This was for compelling one Thomas Walsh, of Pilltown, esq. to convey to him lands of inheritance to the yearly value of 6001. under pretence of procuring witnesses to prove him guilty of the late rebellion.' § Art. VI. This was for prejudicing the adventurers and soldiers, to whom the marquis of Antrim's lands were allotted, by granting a lease of a part of them to col. Talbot, who married his sister.'-+ Art. VII. This was for adventurers, but as a friend to both, and a privy-counsellor of England and Ireland.-To Art. VII. † Denies any creatures of his own to have taken to farm the King's revenue. The revenue is openly set at the council-board in Ireland: never saw the lord lieutenant, nor any counsellor, refuse the larger offer. Only the Excise beginning in 1668 and ending 1664, it was not valued at above 20,000l. But the aldermen of Dublin proffered, if he would take it, they would give 30,000l. rent, and if they might take it, they would secure the rent to Lord Kingston and him. The Article mentions not in what kingdom. It is obscure, as if it meant more than it does express. By this they got but 150l. a-piece. They had a warrant after a full hearing to set it for 36,000l. and they gave 39,000l.-To Art. VIII. † Auswers, He paid arrears to the army, according to the king's Declaration at Breda: knows not to have done it either to those out of the army, or to such as opposed the king's Restoration: only one gentleman of quality turned out of the army, for being an Anabaptist, a little before the king's Restoration. This was the man that oame eightscore miles to discover the plot at Dublin, to whom he gave 100l. which he locked upon with contempt, and protested he would never serve any farther, if rewards were offered him: denies the employing the Halberdiers that were the guard at the king's murder.' He turned out a nephew of his own, who had married a daughter of one of the king's judges. To Art. IX. Denies the selling of a foot of land to any Irish rebels: Denies the buying of any lands of any Irish Papist, except 15 acres near Dublin, for which he paid 4001. for the convenience of his horses; had the seller of it been judged nocent, he had lost his title: One acre of land in Limerick is valued at eight in Kerry, and his lot happened to be in Kerry, and so his troop after that rate were satisfied in Kerry, according to the claim; but they have lost both their time and money, for want of due claim by the Act.-To Art. X. and last. This Article, if true, would causing some of his own creatures to take and farm several branches of the revenue, at far lower rates than others had offered.'- Art. VIII. This was for converting several sums of his majesty's treasury in Munster to his own use, for ordering payment of arrears for service done for the late usurpers, and for employing some of the guard of halberdiers, who assisted at the late king's murder.' * Art. IX. This was for purchasing lands, before trial, of persons pretending to innocence, and then concealing and withdrawing the evidence against them and for procuring lands to be assigned to himself and his troop, for service done to the usurped powers.' + Art. X. This was for committing several breaches of trust to his majesty, and tempting the officers of the Treasury by bribes; and evidencing a great ambition and scorn to bis majesty's power, by threatening, that if bis The Accusation left to be prosecuted at Law.] Sir Wm. Lewis moved to have the Accusation remitted to the King's Bench. Serj. Maynard, considering the time, and the thing, if ever it was, and the petitioners must go into Ireland for their witnesses, and this noble lord's reputation suffer in the mean time, would have it referred to the law. One of the king's council once under the gallery, he remembers, desired, in another case, this might be the question, If any man in his conscience thinks this to be treason, let him say, Aye. strike him dumb with its weight. The charge | is general, and he denies it. All these look rather like aspersions than accusations, and so this general Article he must answer generally, Sir Tho. Clifford. Would not have the No. He, being one of the council, advises one sword of this house of Impeachments be bluntway for the farming of the king's rents; ano-ed upon offences of this nature: stars, in their ther, another way. He had nothing to do courses do not amaze us; but comets give us with what the king would do in mercy; they apprehensions. Would have impeachments of are only to do what law enjoins them. It is this nature upon great and considerable occanot crime, but difference of opinion, he is sions. charged with. The great point is of compelling the king with 50,000 swords;' had it entered into his heart, he durst not have appeared here; and he wishes those 50,000 swords in his heart, if he said the words: hopes that his judges will consider the accusers, and the accused. At least it is not a probable thing he should utter such words in 1659; they had then such tumblings and tossings as were in England. He had then sent a letter to his brother, lord Shannon, then with the king, viz. That if your majesty will be pleased to transport yourself into Ireland, to your protestant subjects, we will receive you, and do our best to restore you to the rest of your dominions. This was as early as any. If doubted, the king will clear it. If this be true, and whilst uncompelled by necessity, and out of choice and duty, is it likely that when the king was actually restored he should say these words? Fitter for Bedlam, if ever he said them, than to be here, and is it likely that in six or seven years he should put nothing in action? 50,000 swords must surely be meant English. He has done several services since the words, but no overt act since the saying them. That a man, at the head of an army seven years, should not do some overt act, is strange. That these words should lie seven years concealed is a misprison of treason. Not accused of any overt act, since only men say it. What he can say in point of law will be ridiculous; yet though the words that were asserted, the judges declared formerly not treason, yet he trusts more in the judgment of the house. 6 Concealing his majesty's affairs, and advancing his private fortune,' are gene rals: Humbly desires no more to be done for him than your justice will put you upon; and so beseeches God to direct the house, and withdraws*. majesty did not confirm the estates of a party, at that time headed by the said earl, that his majesty should be compelled to do it with 50,000 swords;' and for exercising high oppressions and extortions; and also for giving his maj. false informations and suggestions." "Lord Orrery defended himself so well, that this Charge produced no effect, except opening the eyes of such of his old friends as had differed from him, and who now saw, with how small reason they had taken this step, and how far he was from endeavouring to return it, restraining himself, on the contrary, within the strict, bounds of a direct defence, as the answers to the charge show." Biogr. Brit. Mr. Solicitor Finch. There is little foundation in lord Orrery's Answer made, to build upon. We may say by his Answer, that the greatest part is not probable, and some things impossible to be true. He affirms words may be treason, or not, according to circumstance; and in a case of blood infinitely to be considered before acted-To say, I will kill the king,' ever was treason. By a statute of Hen. 8. it was felony to scatter papers that such and such a man has spoken treason. The words to be treason must be within such a time; for the words should be after the Settlement in Ireland; and what need compelling,' when the thing is done, and all the acts concomitant and subsequent have been for quiet and settlement? Let every man lay his hand upon his heart. It is an accusation to this house, and from this house; will you imprison upon out-doors accusation? You may have the house, at this rate, garbled when you please. Would have the accusations transmitted to the lord lieutenant in Ireland, where the offences charged were done, and so represent it to the king. The question being propounded, That a day be appointed for the accusers to produce witnesses to make good the Charge, the previous question for putting it was carried, 116 to 114. After which the main question passed in the negative, 121 to 118. It was then resolved, "That this accusation against the earl of Or rery be left to be prosecuted at law." Dec. 10. Sir Robert Carr, moves that witnesses may be sent for by order, there being, he hears, strict proceedings against persons who come over out of Ireland, without leave, by loss of command: would not have the business lie at our doors. Col. Sandys. The lord lieutenant of Ireland is so strict upon our members, that, if they come over to do their duty here, others must be put into their commands. Moves that some directions may be given to prosecute lord Orrery; for his being quit of his Charge will be the greatest honour that ever came to him. Mr. Wild said, that when sir John Morley was accused of high treason, he was to answer it at the bar, and it was referred to the law, but no particular direction given in it. Sir Tho. Meres. The lawyers, unâ voce, said, That the charge was Treason; but that question was not in lord Orrery, who was used very civilly; but would not have us lose our justice in our civility. Col. Birch, would not have the thing reached into but in a straight line.—It was then resolved to address the king, that Witnesses may have liberty to come over from Ireland*. The Parliament prorogued.] Dec. 11. The king, by commission, suddenly put a stop to all proceedings, by proroguing both houses to the 14th of Feb. next. Thus ended the eighth Session of the Second Parliament, without passing one Act, although a Supply of 400,000l. had been voted for his maj.'s special occasions. NINTH SESSION OF THE SECOND PARLIAMENT. The King's Speech on opening the Session.] Feb. 14, 1669-70. This day the parliament met again, when his majesty, having been attended to the house with the additional pomp of his new guards,† made the following speech from the throne: "My Lords and Gentlemen; I sent forth my proclamation, that there might be a good appearance at this meeting; having most confidence in full houses, where the well-being of the Church, and all other interests of the crown "Though the managers of this affair had interest enough to procure a vote for bringing over witnesses, yet they had more wit than to trust the house, or his lordship, with the examination of those witnesses, and so the matter fell." Biogr. Brit. "Thus ended this affair. No witnesses ever came, no prosecution was caried on at law, nor was any farther attempt ever made against lord Orrery. Had he continued still president of Munster, it is more than probable, that the name of sir Edw. Fitzharris and master Philip Alder had not been entered, on any occasion, in the Journals of parliament. But when the lion has lost his strength, the wild asses, and all the unclean animals of the wood, trot forth from their lurking-places, and cowardly spurn | at him." Preface to the Earl of Orrery's State Papers, published by his great grandson. "On the 14th of Feb. the king, not in the guise of difficulty and distress, but with unusual pomp and state, being attended to the house by his new guards (which is the first instance we meet with in history, of the sovereign's entering upon the exercise of his legislative power, under the awe and influence of the sword) opened the session with a Speech, which had more the air of the master, than the servant of the Commonwealth. The lord keeper bore his under-part as usual: but though he spoke much longer, added nothing to the purpose, except by asserting, "That the loss which the king had sustained in the Customs, Excise, and Hearth-money, by the war, plague, and fire, amounted to 600,000l." Ralph. and nation, are best secured. When we met "My lords; and you knights, citizens, and burgesses of the house of commons; At your last meeting, his majesty did acquaint you with. the great occasions he had for a Supply; and that he had forborn to ask it sooner, more in consideration of giving some time for the ease of the people, after the burthen of the war, than that the condition of his affairs could so long have wanted it: and his majesty hath commanded me now to speak more fully and plainly upon this subject.-His majesty hath not only by his ministers, but in his own royal person, examined the Accounts touching the Expences of the last War; and hath thought himself concerned to let you know, that all the Supplies which you gave him for the war have been by him applied to the war, and no part of them to any other uses: nay, so far from it, that if the preparations towards the war shall be taken to be for the use of the war, as they must be, a great part of his own revenue, to many hundred thousands of pounds, hath been employed also, and swallowed up in the charges of the war, and what did necessarily relate to it: to which may be added, the great debts contracted by his majesty in the war, and the great charge in the repairs of the hulls of his ships, and putting his navy into such a condition as it was before.-Besides his majesty thinks it ought to be considered, that when the Charges of the War were at the highest, the inevitable effects of it, and those other calamities which it pleased God (at that thought fit to interpose, and to make a Proposition of an expedient; which he did to both houses summoned to Whitehall, in the following short Speech: time) to bring upon us, did make so great a diminution in his Revenues, that (besides all other accidents and disadvantages) the loss that he sustained in three branches of his Revenues, in his Customs, Excise, and Hearth- My Lords and Gentlemen; I did very earmoney, by reason of the war, the plague, and nestly recommend to you the other day, that the fire, did amount to little less than 600,000l. you would not suffer any Differences between Thus you see, that though your Supplies have yourselves to be revived; and I think it of so been great, yet the charges occasioned by the great importance, that I have sent for you war, and the calamities which accompanied it, again upon the same subject. I remember have been greater; and that the Debt which very well, that the Case of Skinner was first is left upon his majesty, and which he com- sent by me to the lords. I have therefore plains of, hath been contracted by the war, thought myself concerned to offer to you what and not by the diversion of the monies de- I judge the best and safest way to put an end signed for it. His majesty hath commanded to the Differences: I will myself give present me to say one thing more to you upon this Order to raze all Records and Entries of this subject that he did not enter into this war matter in the Council Books, and in the Exupon any private inclination or appetite of his chequer, and to desire you to do the like in own. The first step be made towards it did both houses, that no memory may remain of arise from your advice and the promises of this Dispute between you; and then I hope your assistance; but if the charges and acci- all future apprehensions will be secured." dents of the war have outgone all your Supplies, and left him under the burthen of this Debt, he thinks that, as well the justice to your promise, as the duty and loyalty you have always shewed him, will oblige you to relieve him from it; and the rather, when you shall seriously consider, how uneasy this burthen must be to him, and what ill consequence the continuance under it must draw upon all his affairs. In which particular, you, and every person you represent in this nation, will be concerned as well as himself. His maj. doth therefore command me, in his naine, to desire you once more, and to conjure you, by that constant duty and loyalty which you have always expressed to him, and by all the concernment you have for the support of the honour and safety of his government, to provide such a Supply for him at this time as may bear proportion to the pressing occasions that he hath, and to the state of his affairs at home and abroad; and so speedily and so effectually, as may answer the ends for which he hath desired it. His majesty hath further commanded me to put you in mind of what was at your last meeting proposed to you concerning an Union between the two kingdoms; and to let you know, that the parliament of Scotland hath since declared to his majesty, that such commissioners as his majesty shall name shall be authorised on their part to treat with commissioners for this kingdom upon the grounds and conditions of the Union. His majesty therefore thought fit now again to recommend it to you, to take that matter effectually into your consideration." The King's Proposal to both Houses, in the Case of Skinner.] Feb. 22. During this short session, which lasted but about seven weeks, four things were chiefly in debate and agitation, namely the unhappy Difference between the two houses, the Prosecution of the Dissenters, the Union of the two kingdoms, and the Supplies for his majesty's service. The first being revived to such a degree as might hazard the success of the last, the king himself This had such an effect upon the commons who thought themselves the only persons aggrieved, that they immediately resolved, That in obedience to his majesty's command in his speech, a razure or vacate be made in the Journal of the house of all the matters therein contained, relating to the business of the East India Company and Skinner.' Which was not only done, but they further resolved, 'That the humble Thanks of this house be returned to his majesty, in the name of this house, and of all the commons of England, for his majesty's gracious Speech, and favour therein expressed to this house, and the commons of England.'* Bill for suppressing Conventicles.] March 2. The bill for suppressing and preventing Conventicles + was read the second time. *"At coming down from the king's preence, a pretty ridiculous thing! (says Marvel) sir James Clifford carried Speaker and Mace, and all members there, into the king's cellar to drink his health." + Marvell calls this Act the price of money,' adding, the king told some eminent citizens, who applied to him against it, That they must address themselves to the houses; that he must not disoblige his friends; and if it had been in the power of the lords, he had gone without money.' The substance of this act was, that if any persons, upwards of sixteen, should be present at any Assembly, Conventicle, or Meeting, under colour or pretence of any exercise of religion, in any other manner than according to the liturgy and practice of the church of England, where there were five persons, or more, besides those of the said houshold; in such cases, the offenders were to pay 5s. for the first offence, and 10s. for the second; and the preachers and teachers in any such meetings were to forfeit 201. for the first, and 401. for the second offence. And, lastly, those who knowingly suffered any such Conventicle in their houses, barns, yards, &c. were likewise to forfeit 201. take it where he can. You want only this bill to make you more miserable than you are, in wanting people. Is it reasonable to punish men when they must go four or five miles for a sermon? This driving it into corners, looks more like toleration, than publickly allowing them churches. The trading part of England is as the soul to the body. To whip them, and not to be able to tell them why you do so, is unreasonable, they having no churches in many places to go to. Sir Rob. Howard. A general toleration is a spot in any government. Queen Elizabeth's greatest power was her indulgence; though the Protestants broke faith with her at Newhaven, yet she kept up all by indulgence. All do conclude that the king of Spain's decay was the expulsion of the Moors by the inqui Mr. Waller. This bill looks more like a levying of money than a punishment; if one be poor, another must pay it. It may be of great scandal and hindrance to the Church, to make it more penal than that of the papists. Here is a general distrust of the whole nation, in effect; jealousy upon every officer, from the highest to the lowest. The people have a kindness for persecuted people, ever since Ilen. 8. and queen Mary. These people are like children's tops; whip them, and they stand up, let them alone and they fall. The lords would not trust trial per pares with the judges. In this bill one justice of peace weighs down all. This is a strange requital for the trust the people have put in us. Should the people be to trust again, it is not likely it should be us, they being not tried by themselves as the papists are. The people naturally have a dis-sition, and the duke of Alva in Flanders. The trust of those that distrust them. The people of Rome, in their best times, would not be confined to chuse Patricians, but would chuse Plebeians, if they pleased, for officers. When Clodius saw it conduce to his ends to get the Tribuneship (of which he was incapable, because a Patrician) he suffered himself to be adopted. But against this adoption, two exceptions were found; one that he was adopted by a man of a lower rank, a Plebeian, which was unnatural, and by a younger man than himself, which took away the reputation of a father. But the people never did chuse any; no more will the people ever quit any of these men. When people are trusted, they chuse well; when not, it is ever ill; therefore let these men have the same trial as the papists have. Sir Tho. Meres. The gentleman would have the same penalty upon the conventiclers as upon the papists, which is just none at all. Sir John Birkenhead. Anciently Juries never had any thing to do with Conventicles; but the ecclesiastical power is so enervated, that it can do nothing without the secular power. Edw. I. put out five Proclamations against such Conventicles as are with us now. Sir Ch. Wheeler. Persecution and punishment are different; the pagans and heathens persecute Christians. No man is compelled to come to Church. This bill is rather a toleration. Mr. Henry Coventry. The rules of our law are drawn from the civil law, as the more ancient. A man in a riot, and one killed, all are principals. In the militia, men are punished without jury; challenges any man to show what government ever gave leave to all meetings. In effect, it is a government without religion at all. Sir R. Temple. This promiscuous toleration is more hurtful to the Church than a general one. The French king has reduced his from a mountain to a mole-hill, by allowing them set and limited places for the exercise of religion. Col. Birch. Would have it considered whether it be your interest, or not, to pass this bill, A man that has no preaching near him, will French and Dutch Churches, here, are Conventicles by the king's power; and is it not strange that the king should have this power over strangers, and not on his own subjects? Would have a short act to punish them that the king does not indulge, according to his own wisdom. He thinks the king uses every thing well, and would have him given this.-The Bill was ordered to be committed. March 8. The commons resolved, "That the Thanks of this house be returned to his majesty, for his care in giving Order to bring the Offenders to justice; and that his majesty would be pleased to consider the danger of Conventicles in and near London and Westminster, from the nature of those further offenders, and to give Order for the speedy suppressing them and, likewise, that his majesty would give Order to put the laws in execution against Popish Recusants; and that leave be given to bring in a Bill for the more easy and speedy Conviction of Popish Recusants." In this Vote the lords unanimously joined; and accordingly, on the 11th of March, they attended the king in the Banquetting-House with the said Vote and Desire, who was pleased to declare, "That effectual course should be taken in both cases." Several Bills being now got ready, his majesty came to the house of peers; and after passing the said Bills his majesty declared that it was his pleasure that the parliament should be only adjourned, and that to the 24th of October. March 28. The commons entered into the consideration of the lords Amendments, Provisos, and Clauses, to be added to the Bill for suppressing Conventicles.-First Proviso, "That no peer of the realm shall have his house searched, but by immediate warrant from his majesty, under his sign manual, or in the presence of the lord lieutenant of the county."-Second Proviso." Provided always, and be it farther enacted, by the authority aforesaid, that neither this act, nor any thing therein contained, shall extend to invalidate or avoid his majesty's Supremacy in ecclesiastical affairs, [or to destroy any of his majesty's rights, powers, or pre |