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depends upon their future actions, and that they are free for all that is past, and so all the endeavours of ill men will be disappointed, which would persuade them not to do well now, because they have heretofore done amiss. And we are the more engaged to this our recommendation, because, upon the reflection of your eminent zeal and affection for our service, and hearty concurrence with us in all we have desired from you, men are apt to persuade others, though they do not believe it themselves, that the passing the Act is therefore deferred, because we do not enough press the dispatch of it, which we do desire from our heart, and are confident you will the sooner do, upon this our earnest recommendation."

After the reading of the above Remonstrance from the king, the commons desired the Secretary to return their humble Thanks to his majesty for his gracious Message; and to acquaint him, That the house would make it their endeavour to give a speedy dispatch to what is mentioned in the Message; and to all other matters relating to the public.

Debate on the Act of Indemnity.] Accordingly, the house resumed the Act of Indemnity; when, after debate, it was resolved, That Charles Fleetwood, John Pyne, Richard Dean, major Richard Creed, Philip Nye, John Goodwin, clerk, colonel Ralph Cobbet, William Hewet, and Hugh Peters, should be excepted out of the act of general pardon and oblivion; the two last for life.

ed first against col. Fleetwood, which was answered by sir Ralph Knight, for him; but Mr. Palmer and col. King, speaking also against him, he was voted to be excepted; making the 14th man. Lord Falkland named col. Pyne; which Mr. Swanton and Mr. Chafe, seconding, saying, He was called the King of the West, and was a great tyrant, upon the question, he was voted to be excepted, being the 15th man. Mr. Philip Jones was named next; but, on reading a Petition from him, justifying himself that he was not guilty of the king's death, and Mr. Annesley and Mr. Finch speaking for him, his affair was dropt. Mr. Prynne moved against Richard Cromwell; but, no one seconding, the house proceeded no farther against him at that time. The same member named major Salway, but Mr. Doleswell delivering a Petition from the major, and he and Mr. Knightley speaking for him, he was also passed by. Sir Tho. Clarges moved against Rd. Dean; saying, There was a suspicion that he had lately dispersed dangerous papers in Scotland, and was an Anabaptist; upon which he was voted amongst the excepted, and made the 16th man.

The case of Mr. Whitlocke, the Memorialist, who had acted in high stations in every revolution since the late king's death, came on again this day. Mr. Prynne first moved the house against him, which was seconded by sir Ralph Ashton and sir Henry Finch, who said Whitlocke was as much an ambassador A curious Manuscript, which has certainly as St. John was; was for fining him, but not to been the Note-Book of some member of this exceed the value of two years income of his esparliament, and which was sent in to the Editors tate. Mr. Annesley was for not quitting him, of the Parliamentary or Constitutional His- but to set some mark of disfavour upon him tory of England,' informs us, That when this de- only, by reasou of his numerous family. Mr. bate was entered into, at this time, sir Henry Charlton also spoke against him, but modeCholmley moved, That all such members as rately; and Mr. Palmer moved to spare his had sat in any High Court of Justice should estate for his children's sake. For Whitlocke withdraw, but refused to name any. This mo- spoke Mr. Willoughby, sir Henry Cholmley, tion was seconded by sir Wm. Vincent; to Mr. Turner, lord Howard, sir Geo. Booth, sir which Mr. Charlton and Mr. Prynne added, John Robinson, and sir Rd. Brown, who said, all those that abjured, or signed the Instru- Mr. Whitlocke preserved him from being tament of Government. Mr. Goodrick spoke ken; and sir John Holland, who urged his to lay that business aside; and sir George sending the king over 500l. and his securing Booth, not to question them now, but to go to Lyme for him, of which his son was governor. the business of the day. Lord Falkland mov-On the whole, Mr. Whitlocke was again aced to exclude them; as did also sir George Ryves, and col. King. Some other speakers are named in the MS. for and against the motion: the house did not divide upon it, but went to the business of the day, which was to name the 20 persons who were to be excepted out of the general Pardon. Mr. Prynne mov

This Manuscript is by way of Diary, and begins with June 18, 1660; but is broken into Sometimes by lacerations, &c. It is written in the hand of the times, coincides exactly with the Journals of the commons, but is much more particular in the names of the Speakers in each debate. It was communicated to the Editors of the Parliamentary or Constitutional History of England' by the Rev. Charles Lyttelton, LL.D. Dean of Exeter,

quitted.

The next person who was named was major Creed, and only major Archer spoke for him; however, the house divided twice on this affair; first, Whether the question should be then put; which was carried, 147 against 101; and the main question being put, Creed was cast by 133 to 103: so he made the 17th man.

Sir William Wylde moved the house against Philip Nye, a minister: he was seconded by sir Henry Finch; who said, Nye had enriched himself very much in those times of plunder and rapine; and that there needed no. particular charge, since the hue-and-cry was general against him. Mr. Turner also urged it home against Nye, and said, That he being the grandee at the committee for bestowing Benefices, a young man of learning and merit

solicitor told the doctor the court could not hear him then: to which Mr. Raynesford answered, in behalf of the Solicitor, That he never sat in court but one day, and never said any such word as was laid to his charge. To which Mr. Grey added, That he heard Dr. Hewitt say, If any judge or counsel would say he ought to plead, he would have done it. At last, the question being put, Whether the Proviso should be laid aside, the Speaker gave it for the Ayes; but sir Rob. Brook said the Noes had it; upon which the house dividing, sir Tho. Widdrington said, There were two gentlemen gone out. Several motions ensued on this, to divide the house notwithstanding; and after that it took up un half an hour's debate, Whether the Ayes or Noes should go out; but the Speaker saying the Ayes should, although several old members in the house said the contrary, their numbers were 138 for the Proviso, and 163 against it; so that this also was laid aside.

Debate in the Commons on Religion.] July 9. The grand committee for Religion sat according to order; the debate on which we I shall give at large, from the MS. Diary, observing, that now was the contest whether the Presbyterian Church Government, or the Church of England formerly established, should reign.

Sir Trevor Williams opened the debate, by moving for the established Religion, according to the 39 Articles; which he said was not only according to the Old and New Testament, but was as much as all that own Christianity profess.-Several members after him spoke for and against this motion; as, Mr. Gower, Dr. Clayton, col. King, Mr. Broderick, Mr. Stevens, and Mr. Throgmorton; who said, All Protestant Churches did profess according to the Scripture, and moved that the 39 Articles should be inserted in the Bill. Lord Richardson and sir John Northcot, for the same.

Serj. Hales said he was for the 39 Articles; but thought it not fitting to join them with the Old and New Testament, in the same paragraph, but in some other.

Mr. Broderick was for the Articles; saying, He had often conversed with those of several churches abroad, and, that all professed Religions were according to the Scriptures; and moved for a National Synod.

one letter of the Bill made good the title of it; that the Religion of our church was not to seek, but we have enjoyed it long; and therefore should not now be inquiring for it. However, he moved this should be referred to an Assembly of Divines, for which they ought to petition the king; for he knew no law for altering the government of the Church by Bishops. And, lastly, as for liberty for tender consciences, he said no man knew what it was.

Mr. Prynne spoke very honestly and passionately for the paragraph in the Bill; and concluded with saying, The determination of the Synod must be confirmed by the king and parliament. To whom.

Sir Heneage Finch again said, That the original of the paragraph was from Cromwell, and he did hope they would not cant after him; but that, if the faith grounded upon Scripture, and the discipline according to the laws, were put in the paragraph, he then would give his consent to it.

Several more members spoke, till at last it was moved to adjourn it to another time, which was opposed by others; and the committee sat an hour in the dark, before candles were suffered to be brought in, and then they were twice blown out, but the third time they were preserved, though with great disorder; till at last, adds our authority, about ten at night it was voted, "That the king should be desired to convene a select number of Divines to treat concerning that affair, and the committee not to sit again till the 23d of Oct. next."

The Act of Indemnity passes the Commons.] July 11. This day the long-expected Act of Indemnity passed the commons; it was intituled, An Act of free and general Pardon, Indemnity, and Oblivion;' and was ordered to be sent up to the lords.

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Debate on the Bill of Sales.] Another Bill of great consequence had been brought into the commons, and read once, called, A Bill of Sales.' This was to consider the cases of those who had been purchasers of the king's, queen's, and church's Lands, during the late times of plunder and devastation. And this day the said Bill coming to be read a 2nd time, a Debate arose, of which the MS. Diary gives this abstract-It was opened by col. Jones, who moved the house against those who had bought the king's Lands and Woods, as also of Deans and Chapters; to examine what money the purchasers had paid for them; but to consider the Soldiers under general Monk at the same time. A Petition Mr. Peckham was not for altering our Reli- from the purchasers of St. James's, and St. gion without proper judges of it, as by a Sy- Martin's in the Fields, being offered to the nod; and urged a case in a trial in Westmin-house by sir Anth. Irby, col. Shapcot opposed ster-Hall, where the judges sent for a falconer the reading of it there; but moved for a comabout a hawk; saying, Quilibet in arte sua;' mittee to receive Petitions. and therefore moved for a Synod in this case, lest, going further, they should be like little boys, who, learning to swim, go out of their reach and are drowned.

Lord Falkland spoke on the same side, and said, It was not fit to debate the whole Bill in that house, but to leave the doctrinal part to a Synod.

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Sir Heneage Finch spoke most excellently concerning this subject, and said, That not

Mr. Palmer spoke very high and excellently against the whole Bill; and moved that the king's Lands, as well as those of others, should be restored to them implicitly.

Sir Tho. Wroth seconded this motion, and said, That, as to his own case, whatever he

had bought, he did freely give back again, though he had paid 18 years purchase for them. Mr. Prynne said, That no compensation should be made to those who had bought the king's Lands; that it was against their oaths to suffer it, except to those who were antient tenants, who had bought the same in order to preserve themselves and titles; and, in that case, to petition the king: also to consider those who had purchased land in and about Westminster, which then was worth nought; but, baving now built fair houses upon them, the rents amount to a considerable value, and will be so for the future.

Mr. Goodrick spoke also for the old tenants that were forced to buy or be turned out, and to commit the bill. Mr. Barton and Mr. Gewen for a commitment also; but the former was not for confirming any Sale to those who sat after 1648, or High Court of Justice men: the latter urged, That it was the king's interest to have the bill committed. Whether it was that this last assertion stirred up the zeal of another member, or from some other cause,

Mr. Calmady moved to have the bill cast out; or else, if they would commit it, to commit it to the necessary-house above. Which motion, as it might properly enough be called, Mr. Annesley rebuked, as unbefitting such an assembly.

Mr Stephens argued against the bill, saying, That they ought not to encourage evil-doers; but, instead of confirming estates, to punish the purchasers: he moved also for an act of resumption, wherein they were to be left to the king's mercy; but was for committing the bill.

Mr. Knight was against it; saying, He could not in conscience consent to it, as he should answer at the day of judgment.

Sir Anth. Cope would have all persons in the house to imitate sir Tho. Wroth, and restore their purchased Lands; which, he said, would be a good example to others without.

Mr. Lowther was against the bill; saying, The old proverb was, That he that eats the king's goose should be cloaked with the feathers; and that he was against the bill by reason of his oath.

Sir Tho. Meres desired the house not to have a greater care of the king than they had of the church; and said, The purchasers had already paid themselves; and moved for resumption and a grand committee.

they should prevent them, and give her it themselves.-Upon the whole, it was ordered, That all the king's and queen's Lands, Rents and Profits, be left out of the bill; and to be referred to a grand committee of the whole house.

General Monk created Duke of Albemarle.] July 13. The lord-chancellor informed the house of lords, That his majesty had conferred the honour and title of Duke of Albemarle on the lord-general Monk; whereupon the house ordered, That he should be introduced between the duke of Buckingham and the marquis of Winchester, the lord great-chamberlain, without robes, Garter king at arms going before him. Being thus brought in, he delivered his patent, on his knees, to the lord-chancellor, who delivering the same to the clerk of parlia ment, it was publickly read; after which Garter king at arms delivered back the patent to the lord-general Monk; who, by this grant from his majesty, was created Baro de Potheridge, Beauchamp et Teys, comes Torrington, et Dux Albemarliæ.' The ceremony aforesaid being ended, the duke was placed, by Garter, between the duke of Buckingham and the marquis of Winchester. The lords ordered also, That the lord great-chamberlain and the lord Berkley should wait upon his majesty to give him Thanks, from that house, for the honour he had been pleased to confer on the duke of Albemarle; and that he be added to the coinmittee of privileges.

Debate in the Commons on Religion.] July 16. We have already given, from a MS. Diary, the substance of a debate on Religion, by a Committee of the commons appointed for that purpose. The same authority gives us another, which happened this day.

Sir John Northcot began the debate, by speaking very highly against Deans and Chapters; but spared the Bishops, saying, The former did nothing but eat and drink and rise up to play,' or something worse: upon which Mr. stood up and reproved him; but he was justified by sir Walter Erle.

Mr. Prynne said, He could not be for bishops, unless they would derive their power from the king, and not vaunt themselves to be Jure Divino.

Mr. Walpole was for putting the question, Which was the Protestant Faith, according to the scriptures and the government of the Church, and according to law.

Mr. Knightley was for the clergy in general, saying, The faults of private persons ought not

to make the function criminal.

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Several members were for committing the bill; the last to have all major-generals and rumpers excepted out of the bill: not one member speaking directly in defence of it, Sir Tho. Widdrington said, The question, as except sir Tho. Widdrington, who might be a it was, was not for a committee, or even a parperson deeply interested in its consequences.liament; but moved to make two questions Lord Falkland moved the house in behalf of of it. the Queen, and to refer her case to a committee. Sir Geo. Ryves spoke also in behalf of the Queen, and against the Purchasers; and said, It was not fit the French, who all this while durst not demand the Queen's jointure, should now be suffered to do it; but that VOL. IV.

Mr. Grove said, The question was complicated, and desired that the first part might be put; adding, That the king was then consulting with divines about the discipline of the Church.

Dr. Clayton said, That discipline was as necessary with doctrine, as life in a natural body, G

Mr. Stephens said, The first part of the question they should all agree in; but, for the second, not to anticipate the king, who was, at that time, consulting about it.

Mr. Howard, argued for the whole question. He said, That as monarchy had been so long interrupted by rebellion and faction, so had episcopacy by schism and heresy; and that no one that spoke against episcopacy offered any thing better.

Mr. Young was for dividing, and not to mix the doctrine and discipline together; yet, he said, he was for episcopacy, though he did not think it an article of faith and urged the king's Declaration for tender consciences formerly, and his present endeavours for settling of peace amongst all people.

Sir John Temple argued for a division of the question, saying, the former discipline was the occasion of their former troubles; and moved for a synod.

Col. King said, That no man could tell what the discipline according to law was; and therefore moved to divide the question.

Mr. Throgmorton spoke highly for Bishops, saying, That, except Scotland, there was scarce any Reformed Church but what had Bishops.

Mr. Bunckley said, IIe thought a moderate episcopacy might take in the good of both parties; and urged the king's present inclinations and endeavours for it: that episcopacy, in its extent, was more boundless than monarchy; adding, That some of the Bishops gloried in putting down all lectures in a country, and it was a fault to preach twice a day; but concluded, That government by episcopacy, if circumscribed, was to be wished; and moved to divide the question.

Sir Heneage Finch said, The first part was not to be put singly, after 140 years practice.

Sir John Talbot said, Those that formerly desired to hasten the Settlement of Religion, now strove to obstruct the question.

Sir Gilbert Gerrard said, He could not give his vote for the question, until he knew whether it was against the Covenant. This was seconded by col. Shapcot, who argued, That many things in the Liturgy might be amended; and hoped that men would not be imposing on other's consciences: that he was not against Bishops, but their power; and moved to divide the question.

ther was it ripe enough now to handle that subject; and moved that this debate be now laid aside, and the whole committee adjourned for 3 months. After 7 hours debate, about 10 at night, it was at last agreed to refer the matter to the king, and to such divines as he should please to chuse; and, to adjourn this Committee to the 23d of October next.

The Earl of Bristol's Speech on the Bill of Indemnity.] July 20. The lords adjourned themselves into a committee, to consider of the Bill of Indemnity; and, after some time, the house was resumed, but no report was made of their proceedings therein as yet.-At the same time, the lords received a quickening Message from the commons to hasten the dispatch of that Bill; and another for Confirmation of Judicial Proceedings: alledging these two reasons for it, That, unless the latter Bill be passed, there can be no Assizes kept, tho' they are appointed; and, unless the former be the same, the animosities of the people will be increased, and thereby the peace of the kingdom greatly disturbed. On the receipt of this Message the lords went again into a committee on the Bill of Indemnity; and the house being resumed, the lord Roberts reported the opinion of the committee was, That all those persons who gave Sentence of Death upon the late king, or signed the Warrant for his murder, shall be excepted out of the Bill of Indemnity: and, that to know who those persons are, the original evidences shall be desired from the house of commons for their lordships information: which opinion the house confirmed. In the debate, this day, on the above Bill,

The Earl of Bristol* addressed their lordin these words: "My lords; Being to speak unto your lordships somewhat more extendedly than what is my use, and upon a subject wherein there may be, perhaps, not only dif ference, but even fervour of opinions, I find myself obliged, by somewhat that happened to me here the other day, to beg a favour of your

*London, printed in the year 1660.

"The

earl of Bristol was a man of courage and learning, of a bold temper, and a lively wit, but of no judgment nor steadiness. He was in the queen's interest during the war at Oxford. And he studied to drive things past the possibility of a treaty, or any reconciliation; fancySir Tho. Wharton said, He was in his judging that nothing would make the military men ment episcopal; but moved the question night not be put at present, because the king was in consultation about it.

Mr. Bunckley, again, was now for laying the whole question aside; because, he said, If it was put and carried, all ministers made since 1648 would be abolished.

so sure to the king, as his being sure to them, and giving them hopes of sharing the confiscated estates among them, whereas, he thought, all discourses of treaty made them feeble and fearful. When he went beyond sea he turned Papist. But it was after a way of his own: for he loved to magnify the difference between Sir John Northcot again moved in behalf of the Church and the Court of Rome. He was the ministry, and said, Many of those who were esteemed a very good speaker; but he was ordained by Presbyters, were active in bring-too copious, and too florid. He was set at the ing in the king. head of the Popish party, and, was a violent Sir Anthony Ashley Cooper said, Our Reli-enemy of the earl of Clarendon." Burnet, gion was too much mixed with interest; nei-vol. i. p. 101.

lordships, that, if I should chance to err in proceed immediately to the passing of this Bill, forms and orders of the house, or that there with little or no alteration. This, my lords, should slip from me, unawares, any expression may appear a surprising motion from a person that may be dissonant to the ears of those who thought to be, as indeed I am, as much inunderstand better than I the force and pro- flamed as any man living with indignation at priety of words, you will not be severe unto the detestable proceedings of the late usurped me; but be pleased to consider, that I have power, so pernicious to the public, and so inbeen 16 years out of my country, and in a pro- jurious to my own particular; in whom the fession far different from what I am now a- motion may seem yet more surprising, when I doing: in confidence of this indulgence I shall shall have told you, with truth, that I am irproceed. My lords; you have here before reparably ruined in my fortune for my loyalty, you, in this Bill of Indemnity, the most im- if this Bill of Indemnity to others for their portant business that, perhaps, the house of disloyalty, should pass as it is here offered peers bath at any time had in deliberation; it unto your lordships: but the ground 1 go upon is that upon which the honour or eternal re- is this received maxim, as to all public sancproach of the nation abroad, and its happiness tions, Better a mischief than an inconvenience; or confusion at home, seems (next under God's yea, better innumerable mischiefs to particular inscrutable providence) most principally to de- persons and families, than one heavy inconvepend: for, on the one side, how abhorred a nience to the public.-My lords; I profess nation must we be to all others, if the infamy unto you I find myself set on fire, when I think' of our sovereign's murder should not be that the blood of so many virtuous and merithoroughly washed away, by justice, in the torious peers, and persons, and others of all blood of the guilty? And, on the other, what ranks, so cruelly and impiously shed, should happiness or quiet can we hope for at home; cry so loud for vengeance, and not find it from nay, what new combustions ought we not to us. That many of the wickedest and meanest apprehend, if the criminal and the misled, (be- of the people should remain, as it were, retween whom the eye of the law can make lit-warded for their treasons, rich and triumphant the distinction) making up so numerous a part of the nation, their fears, which might urge them to new crimes, should not be secured, by the firmest assurances of impunity? Punishing and securing are, certainly, the two principal ends of this Bill; and wherein, as certainly, every one of your lordships doth concur; but whether the means of attaining those ends have been sufficiently lighted upon by the house of commons, in this Bill, that, I suppose, is the present question; and wherein I think myself in duty obliged to express unto your lordships, with freedom and sincerity, my judgment, in all humble submission unto yours. -As for that part of the Bill which relates to our sovereign's murder, I find it so short, and so much out of the way of what we owe, both to the severity and solemnity of that revenge, that I cannot but think it, in some sort, (pardon the expression) a profanation of the due right of that sacred expiation, to handle it in the same Bill, promiscuously, with other more vulgar things. My motion therefore shall be, That there be forthwith a committee appointed, to consider of all things fit to be done, for the washing away of that stain from the nation, and from the age wherein we live; and to draw up an Act purposely and solely for that end. In confidence that this motion will either be embraced by your lordships, or that, if it be opposed, I shall have the liberty to fortify it by my reasons, I shall set that business apart, and apply my discourse to what concerns this bill, all other relations; in which I shall not make nice to tell your lordships, that I think it defective in many things reasonable, and redundant in some things unreasonable; and yet, notwithstanding, not only my humble motion, but my most earnest pressure, as far as with humility I may, shall be, That we may

in the spoils of the most eminent in virtue and loyalty, of all the nobility and gentry of the kingdom. What generous spirit can make reflection on these things, and not find his heart burn into rage within him? Here it is, my lords, that we sufferers have need of all our philosophy. But when I consider that these are mischiefs only to the sufferers, and that, to insist upon a remedy, might perhaps expose the public to an irreparable inconvenience, I thank God I find, in an instant, all my resentments calmed and submitted to my primary duty.-My lords; we have here in our view a kingdom tossed, and rolling still with the ef fects of past tempests; and though, God be thanked, the storm be miraculously ceased, we cannot say that the danger is, until we get into still water: that still, that smooth water is only to be found in the generality's security from their guilty fears, and in the two houses' union between themselves, and with their sovereign. Whether the latter may not be endangered, if we should enter into controversy upon the particulars of this Bill, I leave unto your lordships to judge. But, certainly, as to the former, there can be hopes of raising monies, or disbanding armies, or of settling that happiness and tranquility which we all sigh for, of being governed under our gracious sovereign by the antient and known laws of the land, whilst universal fears shall subsist by the delay in passing this Bill.-My lords; I shall sum up unto your lordships my whole drift in a few words. I think that, in this Bill, there are many things wanting, which solid and inportant reasons would require to be added, and many things inserted into it, which justice to his majesty's interest, and to particular persons, would require to be omitted, or rectified: but, I conceive, at the same time, that the

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