are revived. Some bishops and lords for their poverty have been excused: it comes by custom; there is no appeal from us, and we judge elections with impunity, and what we should take most care of we take least.

Resolved, "That a committee be appointed to bring in one or more Bill or Bills for the Regulating of Elections of members to serve in parliament; and for the better ascertaining of the returns of members to be elected; and for the better attendance of such as are elected and returned; and upon the other debates of the house."

Debate on a Bill for restraining Buildings near London.] Jan. 23. Sir Wm. Coventry moves that there may be a restraint of Buildings here; it will better the houses in the city, and those here: would have a committee appointed to consider what is fit to be done in this business.

Serj. Maynard. This building is the ruin of the gentry, and ruin of religion, having so many thousand people without Churches to go to: this enlarging of London makes it filled with Facqueys and pages; therefore in the Bill would prevent the design of enlarging either the city or places adjacent, whichr else will ruin the nation. Sir Wm. Coventry would not have a beauty and uniformity in the city, and a deformity in the king's court. He has no houses, nor intends to build any; (it is not his interest :) he finds that parenthesis sometimes very necessary in this house. The great houses of the bishops and nobility, and all are put into small tenements. That which is your aim is, to suppress the great number of small houses for private profit, there being scarce any new built for a nobleman's or ambassador's use. Such a thing may be by restraining the roofs to so many feet high, which will not turn to account for tradesmen to inhabit, and may be useful for the nobility and ambassadors.

Sir Tho. Littleton. An address to the king, That no Licences be granted,' may comprehend all gentlemen's opinions.

Sir John Duncombe. At this end of the town whole fields go into buildings, and are turned into alehouses filled with necessitous people; and should a sickness come, all the gentry would go away and they would be left a burden to the parish: the Council sends forbiddances, and the man has laid his foundation, and where is the law to restrain it? The lords of the Council cannot remedy it. To stop this, confine them to build such an height, 12 feet high, and 4 rooms on a floor: refer it to a Committee, and let them judge what places are fit to build in, and so proportioned, and that will stop the increase of buildings.

Sir Tho. Clarges. They may build in ancient boroughs, by the Law.-27 Eliz. it is prohibited within ten Miles of the city of London, and not converting great houses into tenements, and for building of great houses;' but that act was to last but 7 years.

Mr. Garroway. It is worth the honour of the house to have these immense buildings

suppressed. The country wants tenants, and here are 400 soldiers that keep alehouses, and take them of the brewers, and now they are come to be Prætorian guards: that Churches have not been proportionable to houses, has occasioned the growth of Popery and Atheism, and put true religion out of the land: the city of London would not admit rare artists, as painters and carvers, into freedom; and it is their own fault that they have driven trade out of London into this end of the town, and filled the great houses with shops.

Mr. Sawyer. Recommend these buildings to the committee, and you must make it a nuisance.

It was then referred to a committee to bring in a Bill for restraining any farther new Buildings in all places within the Bills of Mortality, except the city of London and liberties thereof.

The King's Speech concerning certain Proposals for a Peace.] Jan. 24. The king came to the house of peers, and sending for the commons made the following Speech:

My Lords and Gentlemen; At the beginning of this session, I told you, as I thought I had reason to do, that the States General had not yet made me any Proposals which could be imagined with intent to conclude, but only to amuse. To avoid this imputation, they have now sent me a Letter by the Spanish ambassador, offering me some terms of peace, upon conditions formally drawn up, and in a more decent stile than before. It is upon this that I desire your speedy advice; for, if you shall find the terms such as may be embraced, your advice will have great weight with me; and it you find them defective, I hope you will give me your advice and assistance how to get better terms. Upon the whole matter, I doubt not but you will have a care of my honour, and the honour and safety of the nation, which are now so deeply concerned."

With this Speech, the king delivered to the two houses copies of the Memorial from the Spanish ambassador, together with Proposals from the Dutch in order to a Treaty. Upon the reading of which, and the Dutch Proposals in the house of commons, they voted their humble and hearty Thanks to be returned to his maj. for his most gracious Speech; and immediately after they resolved, "That, upon consideration had upon his majesty's said gracious Speech, and the Proposals of the States-General of the United-Provinces, this house is of opinion, That his maj. be humbly advised to proceed in a Treaty with the States-General, in order to a speedy Peace." The lords also joining in the same Resolution of Advice, it was solemnly presented to his majesty, who returned this Answer; "My lords and gentlemen, I cannot better thank you for your Advice than by following it; which I shall endeavour, and doubt not of your assistance to enable me to perform it."

Debate on the First Reading of the Habeas Corpus Bill.] Jan. 27. A Bill to prevent the Imprisoning of the Subjects in illegal Prisons:

or sending them to Prisons beyond the Seas, was read the first time.

Mr. Attorney North. This bill is of great consequence, and would have it read the second time in a full house.

Sir Tho. Lee. Though it is not your method, yet, that we may be sure of that gentleman's Company (the Attorney) desires a day may be appointed for reading the bill.-The 29th was appointed.

Debate on the Second Reading of the Habeas Corpus Bill.] Jan. 29. The Habeas Corpus Bill was read a second time.

Mr. Attorney North. The penalties in this bill are like those in the Act of Popery; but those are remedied by conformity, but here is a perpetual disability of conforming, and loss of office, &c. Legal and known prisons; no imprisonment in law in order to examination or punishinent-If a man commits a murder in Ireland, or Jersey, &c. by this bill there is no law to try him here: if a man is committed to York jail, and lies by the way, that is a prison where he lies. Knows no need of such a law, and mischiefs make a general law. As the law is, no man can be imprisoned, but in a legal prison, nor sent abroad, but in order

to trial.

Sir Rd. Temple. Custody, in order to examination, is not a prison: if we have value for our liberties, we would secure them by law. Several have been sent to Tangier, and the islands, since the king came in: thinks your provisions against it, in this bill, not strong enough reached by actions and indictments; some people may be too great to be reached by actions, and the king may enter a noli pros. upon an indictment, and hopes, upon commitment of the bill, that may be remedied.

Sir Tho. Lee. No penalty is too great or heavy for unlawful prisons. For murder committed beyond the sea, there is a remedy; for treasons, there is a special act of parliament for trial in England formerly objected against the Bill: less mischief to the English nation, that those men should go unpunished in the place where the offence is done (and few escaping there) than that Englishmen should be sent abroad for offences done here.

Sir Ch. Wheeler. Legal and known sons: knows not howlegal' a prison is, when there is a garrison, by the king's commission, where no sheriff can come.

many places; if not committed close prisoner, very inconvenient in some cases, a man informs, that ships are to be burnt at Chatham, or the town to be fired, or a murder; if the party be not kept close, he may be tampered with by his accomplices. Such business cannot be done without it: when the bill is committed, would have such regard had to it, that may make it possible to be practised.

Mr. Waller. ' Common prison'-Sometimes the plague comes into it; sometimes a man is kept in an house, in favour of the prisoner the Guards is no prison: tells this story in the Usurpation, some gentlemen of good quality were sent to the Guards, at St. Janies's. They would have made their escape, and killed the soldier that guarded them: but they would not kill them again, for fear of retaliation in the king's quarters at Oxford. When they were indicted, some counsel told them, they were în no legal prison, and it was not murder, being prisoners of war. There was a brave jury upon them, (he speaks it for their honour) who found them not guilty: would take care that no courts of guards be prisons.

Col. Birch. Consider where our mischief in this has been. It has been very common to commit by the king's or some great minister's warrant: be has heard in this house, that the king cannot commit a man to prison; it is not reasonable he should be both party and judge: knows the king is uneasy by it. A man is first committed by a privy counsellor, and a day after the king's hand to it. Does not like it, that all things should resort to the king's command. If so, all your provisions against it signify nothing. Knows not by what causes and counsels, but put upon the king. The doctrine he has always heard here is, the king can do no wrong.' It was told " you, a person may burn the ships.' Can tell you of many committed, but where is any one proceeded against? When he has nothing left, then turn him out of prison, and no man knows what is become of him (the Herefordshire Priest) no man is committed bat cause is shown, and a person found by the lotl keeper to prosecute.

Sir Nich, Carew hopes you will give power for the sheriff, if he has it not already: the Green-Cloth messengers imprison in their houses; they are unlawful prisons,' and would have these considered at the committee. Mr. Powle. Imprisonment to custody is no part of punishment, and so would have excessive jailors fees of prisons stinted and settled.

Sir John Duncombe. It often falls out in the Treasury, that men are taken into custody, for fear of losing the king's money: sending a man to jail, and he meeting ill company there, may ruin him, therefore better for the subject. Mr. Sec. Coventry. The bill is tender in

Sir Tho. Clarges. More warrants to the Tower under the king's hand now, than in 200 years before. Would have those that subsign these warrants be answerable for them.-To proceed on the 7th of February.

Debate on an Address for the Removal of the Dukes of Buckingham and Lauderdale.] Sir

Wm. Coventry moves for an Address to the king for the removal of the dukes of Lauderdale and Buckingham.

Lord Cornbury is against an Address, espécially at this time. If you have no more Counsellors to remove, nor other Grievances to redress, then you may now do it: concerning one of these dukes, for removal there is no reason; would have gentlemen, therefore, to consider whether they have any other persons to remove, and then resolve, &c.

Sir Nich. Carew differs from Cornbury. Two lords in one Address is enough. Like rods, too many in a bundle, are not easily broken: would take two or three at a time, and hopes at last to remove all the ill ones.

Mr. Sacheverell would not have them both in an Address; it is proper for Lauderdale now for maintaining the king's Edicts,' &c. You cannot sit here on these terms: would assign that for a cause.

Sir Tho. Lec would deliver the vote by the Speaker, without any variations or alterations. Sir Tho. Clarges would have the concurrence of the peers, either at a conference, with reasons, or at their bar; appoint a committee to consider of the manner to begin a thing of this moment. Would not make ill precedents

now.

Sir Tho. Meres would have a difference betwixt Lauderdale a commoner, and Buckingham a peer.

tells you of what validity it was; would lose no privilege we have a right to, nor exceed that right; would adjourn the debate for two days.

Debate on Members taking Bribes.] Sir Nich. Carcw. We went not on suddenly after the Vote, and in a few days 5000 guineas were dispersed to adjourn it longer. It may be, so many days more may cost so many guineas, and so make guineas dearer yet. Col. Strangways. If Carew knows any meinbers that have received these guineas, he should name them; and would have a Test upon us : if any man be suspected of guincas or pension, let him purge himself.

Sir Tho. Bee was told that one Masters, of Lincoln's Inn, had reported, That this session a Member had said, that he hoped to get 5000 guineas.'

Mr. Harwood. Both giver and taker manage their business very ill that will discover giver or taker; if any man's condition here be so that he cannot live without a salary, let bini have it from the place that sends him; here is common fame in the case, but since the great men were talked of here, many thousand guineas have been paid out in Lombard-street, which you may enquire into; would bare a Test to acquit every gentleman of any thing 30 unworthy.

Mr. Cheney. You have given yet no reasons for your vote.

Mr. Garroway. To subvert all laws, and to say, none shall be, but verbal laws, for the fature! You cannot be too severe; the king may do what he pleases with him in Scotland; you think him not fit to govern here.

Sir Winston Churchill. Though we are satisfied, yet the king knows none of our reasons, and therefore would mention them.

Col. Strangways. If the king requires you hereafter to give reasons, and thinks your vote unreasonable, you may then present them. Ordered, "That the privy counsellors of the house do attend the king, to know when this house shall attend him with the vote relating to the duke of Lauderdale."

Sir Nich. Carew would go to the king with this Vote now, and to the lords with the other

vote.

Mr. Stockdale is indifferent whether we go to the lords or not, with the Address concerning the duke of Buckingham; you have a great privilege to address the king by common fame; his ill life, &c. Are you ever ike to carry this charge of common faire to reach this man?

Sir Tho. Lee. Unless you make this as a Vote of favour, you may go to the lords with Impeachment; you may demand it of justice, and not precariously.

Sir Tho. Meres. In 3d Charles, there was a debate about common fame, and your book

terest.

Col. Birch has heard such reports, both in town and country. Observe the case, and what uced there is to bring you off: how will this reflect upon the king, that it is thought by the people that the king should give us money to do any thing contrary to the interest of the kingdom! You hear one named; if an extraordinary thing, there is an extraordinary occasion for ways to clear themselves; present member by member, and in the presence of God and the house let thern clear themself, as you once did about the Libel: refer it to a committee to examine this Masters, for the honour of the king, and vindication of the kingdom.

Sir Wm. Coventry. So much has been said in it that it is for the honour of the house to have it thoroughly examined; let a committee consider the way, and let Masters be examined at the committee, and not at the bar; that admitting not so thorough a disquisition, the mace being upon the table, and the Speaker not quick enough to ask questions; as Masters may retire, and recollect himself, whilst you are preparing new questions, how to evade your questions for discovery; a Committee is more likely to come to the quick and bottom of

the matter.

It was referred to a Committee to examine this matter, and to consider what is fit farther to be done to vindicate the honour of the Members of this house. The Committee soon after met, and Masters was examined as to the

The Habeas Corpus Bill passes the Commons.] Feb. 7. The Habeas Corpus Bill was read a third time, passed, and was entitled, " An Act to prevent the illegal Imprisonurent of the Subject.'

Resolved, "That the continuing of any Standing Forces in this nation other than the Militia, is a great Grievance and vexation to the people; and that this house do humbly petition his majesty to cause immediately to be disbanded that part of them that were raised since Jan. 1, 1663.

The Speaker reported, That he had attended his majesty with the Vote relating to the duke of Buckingham, and that his majesty had returned this Answer, "That he would take it into his consideration."

The King's Speech, on concluding a Peace with Holland.] Feb. 11. The king came to the house of peers, and sending for the commons made the following Speech to both houses;

"My Lords and Gentlemen; I have pursued your advice, and am come hither to tell you, that, according to your desires, I have made a speedy, honourable, and, I hope, a lasting Peace, signed already.-Mr. Speaker, and you Gentlemen of the house of commons; I told you yesterday in the Banqueting house, that I would give you a speedy Answer to your Address about disbanding the Forces therein mentioned; and I do assure you, that before you made your Address, I had given orders for the doing of it, as soon as I should be sure of the peace; and I shall reduce them to a less number than they were in the year 1663, and shall give direction for the march of those who are to return to Ireland, who were brought from thence. And as our forces are lessened at land, it will be necessary to build more great ships; for we shall not be safe, unless we equal the strength of our neighbours at sea: therefore I shall recommend it to your care to give me means for the effectual doing

*This gave rise to the famous Habcas Corpus Bill, which was calculated to set bounds to the arbitrary proceedings of ministers, and preserve those who fell under their displeasure from being sent into banishment, or otherwise imprisoned, without cause, measure, or relief. But though this invaluable Bill was now perfected by the commons, and sent up to the lords, it did not receive the royal assent till some years after." Ralph.

"That when his majesty was here last, he told them, that the Peace was signed: he was come now to tell them, that it is ratified; and his majesty hopes it will be a happy and a lasting Peace to both nations. This, and the Spring coming on so fast, his maj. said, He knows they will all desire to be at home in their several countries, where they may do their own business and his majesty's also. His maj. therefore thinks it fit to make a recess at this time; the winter being more fit for business and consultation here. In the mean while, his maj. will do his endeavour to satisfy the world of his stedfastness to the Protestant Religion as it is now established; and of his desire for the securing of their properties. And so, his maj. said, he hath given order to the Lord Keeper to prorogue the parliament to the 10th of Nov. next."*

Principal Occurrences during the Recess Scheme of the Cabal-Campaign of 1674.] Both houses met on the 10th of Nov. and were farther prorogued to the 13th of April 1675. For the following brief account of the principal Occurrences during this long recess, we are indebted to Mr. Hume. "Four days after the parliament was prorogued, the Peace was proclaimed in London, to the great joy of the people. Spain had declared that she could no longer remain neuter, if hostilities were con

* "We cannot take leave of this remarkable session, without observing, that if the leaders of the commons had no other motives for their measures, than the necessity of espousing the cause of religion, of making an abandoned court feel the weight and efficacy of parliament, and providing for the security of the subject; it ought to be acknowledged, that they had done their best to answer all those valuable ends: and if, on the other hand, they began to entertain any thoughts of making reprisals on the court, for their ill designs on them, that they had approved themselves to be as thorough politicians in the one case, as patriots in the other: for, by the separate peace with the Dutch, they had reason to think they had effectually divided England from France; by withholding the Supply, and breaking the Army in England, and laying foundation for doing the same in Scotland, they disabled the king from making use of force; and the Habeas Corpus Bill was both a wise and popular expedient to put the liberty of the subject out of the power of the crown." Ralph.