[ 64 ]

That against raising Mony without Consent of Parlia-
ment;

That against Papists sitting in either Hosue.

Another Act for speedier convicting of Papists.

That for recalling his Mejestys Subjects out of the French
service, &c: And as to his Majestys supply, they proceeded in
their former Method of the two Bills, One for raising
300000 l. and the other for Appropriating the Tunnage and
Poundage to the use of the Navy.

And in the Lords House there was a good disposition to-
ward things of Publick Interest: But 300000 l. was so insipid
a thing, to those who had been continually regaled with
Millions, and that Act of Appropriation, with some others,
went so much against stomack that there wanted only an
opportunity to reject them, and that which was readiest
at hand was the late quarrel betwixt the House of Lords and
the Commons. The house of Commons did now more
peremptorily then ever, oppose the Lords Jurisdiction in
Appeals : The Lords on the otherside were resolved not to
depart froms o essentiall a Priviledge and Authority, but to
proceed in the Exercise of it : So that this Dispute was raised
to a greater Ardure and Contention then ever, and there
appeared no way of accomodation. Hereupon the Lords
were in consultation for an Addresse to his Majesty con-
teining many weighty Reasons for his Majestys dissolving
this Parliament, deduced from the nature and behaviour of
the present House of Commons: But his Majesty, although
the transaction between the two houses was at present be-
come impracticable, Judging that this House might at some
other time be of use to him, chose only to Prorogue the
Parliament; The blame of it was not onely laid, but aggra-
vated, upon those in both Houses, but especially on the
Lords House, who had most vigorously opposed the French
and Popish Interest. But those who were present at the
Lords, and observed the conduct of the Great Ministers

[ 65 ]

there, conceived of it otherwise; And as to the House
of Commons, who in the heat of the Contest, had
Voted,

That whosoever shall Sollicity or prosecute any Appeal a-
gainst any Commoner of England, from any Court of Equity be-
fore the House of Lords, shall be deemed and taken a betrayer
of the Rights and Liberties of the Commons of England, and
shall be proceeded against accordingly.

Their Speaker, going thorow Westminster Hall to the
House, and looking down upon some of those Lawyers,
commanded his Mace to seize them and led them up Priso-
ners with him, which it is presumed, that he being of his
Majesties Privie Councill, would not have done, but for
what some men call his Majesties Service; And yet it was
the highest, this, of all the Provocations which the Lords
had received in this Controversie. But however, this fault
ought to be divided, there was a greater committed in Pro-
roguing the Parliament, from the 22th. of November 1675,
unto the 15th, of February 1676. And holding it after that
dismission, there being no Record of any such thing done
since the being of Parliaments in England, and the whole
Reason of Law no lesse then the Practise and Custome hold-
ing Contrary.

This vast space betwixt the meetings of Parliament can-
not more properly be filled up, then with the coherence
of those things abroad and at home, that those that are intel-
ligent may observe whether the Conspirators found any in-
terruption, or did not rather sute this event also to the Con-
tinuance of their Counsells. The Earl of Northampton is
not to be esteemed as one engaged in those Counsells, be-
ing a person of too great Hononr, though the advanceing
of him to be Constable of the Tower, was the first of our Do-
mestick occurrents. But if they could have any hand in it,

[ 66 ]

tis more probable that left he might perceive their Contri-
vances, they apparelled him in so much Wall to have made
him insensible. However men conjectured even then by
the Quality of the Keeper, that he was not to be disparaged
with any mean and vulgar Prisoners. But another thing was
all along very remarkable, That during this Inter-Parlia-
ment, there were five Judges places either fell, or were made
vacant, (for it was some while before that Sir. Francis North
had been created Lord Cheif Justice of the Common Pleas)
the five that succeeded, were Sir Richard Rainsford, Lord Chief
Justice of the Kings Bench. Mountagne, Lord Chief Baron
of the Exchequer. Vere Bartie, Barrister at Law, one of the
Barrons of the Exchequer. Sir William Scroggs, one of the
Justices of the Common Pleas. And Sir Thomas Jones, one
of the Justices of the Kings Bench. Concerning all whom
there it somthing too much to be said; and it is not out of
a figure of speech, but for meer reverence of their Profession
that I thus passe it over, considering also humane infirmity,
and that they are all by their Pattens, Durante Bene Placito,
bound as it were to the Good Behaviour. And it is a shame
to think what triviall, and to say the best of them, obscure
persons have and do stand next in prospect, to come and sit
by them. Justice Atknis also by Warping too far towards
the Laws, was in danger upon another pretense to have
made way for some of them, but upon true Repentance and
Contrition, with some Almes Deeds, was admitted to
Mercy; And all the rest of the Benches will doubtlesse have
profited much by his, and some other example. Alas the
Wisdom and Probity of the Law went of for the most part
with good Sir Matthew Hales, and Justice is made a meere
property. This poysonous Arrow strikes to the very heart
of Government, and could come from no Quiver but that
of the Conspirators. What French Counsell, what standing
Forces, what Parliamentary Bribes, what National Oaths,
and all the other Machinations of wicked men have not yet

[67]

been able to effect, may be more compendiously Acted by
twelve Judges in Scarlet.

The next thing considerable that appeared preparatory
for the next session, was a Book that came out by publick
Authority, Intitled, Considerations touching the true way to
suppresse Popery, &c. A very good design, and writ, I be-
leive, by a very good man, but under some mistakes, which
are not to be passed over. One in the Preface, wherein he
saith, The Favour here proposed in behalf of the Romanists, is
not more than they injoy among Protestants abroad at this day.
This I take not to be true either in Denmark, or Sweden and
some other Countrys were Popery is wholly suppressed; and
therefore it that have been effected there, in ways of prudence
and consisting with Christianity, it ought not to have been
in so general words misrepresented.

Another is, P. 59, and 60. a thing ill and dangerous-
ly said, concluding; I know but one Instance, that of David in
Gath, of a man that was put to all these straits, and yet not Cor-
rupted in his principles. When there was a more Illustrious
Example near him, and more obious.

What else I have to say in passing, is, as to the Ground-
work of his whole design; which is to bring men nearer, as
by a distinction betwixt the Church and Court of Rome,
a thing long attempted, but ineffectually, it being the same
thing as to distinguish betwixt the Church of England, and
the English Bishops, which cannot be seperated. But the
intention of the Author, was doubtlesse very honest, and the
English of that Profession, are certainly of all Papiest the
most sincere and most worthy of favour; but this seemed no
proper time to negotiate further then the Publick Con-
venience.

There was another Book likewise that came out by Au-
thority, towards the Approach of the Session, Intitled, A
Packet of Advise to the men of Shaftsbury, &c. But the name
of the Author was concealed, not out of any sparke of mo-

[ 68 ]

Modesty, but that he might with more security excercise his
Impudence, not so much against those Noble Lords, as a-
gainst all Publick Truth and Honesty. The whole composi-
tion is nothing else but an Infusion of Malice, in the Froath
of the Town, and the Scum of the University, by the
Prescription of the Conspirators. Nor, therefore did the
Book deserve naming, no more then the Author, but that
they should rot together in their own Infamy, had not the
first events of the following Session made it remarkable, that
the Wizard dealt with some Superior Intelligence.

And on the other side, some Scattering papers straggled
out in Print, as is usuall for the information of Parliament
men, in the matter of Law concerning Prorogation, which
all of them, it is to be presumed, understood not, but was
like to prove therefore a great Question.

As to matters abroad from the Year 1674, That the
Peace was concluded betwixt England and Holland; the
French King, as a mark of his displeasure, and to humble the
English Nation, let Loose his Privateers among our Mer-
chant men : There was thenceforth no security of Com-
merce or Navigation notwithstanding the publick Amity
betwixt the two Crowns, but at Sea they Murthered Plun-
dred, made Prize and Confiscated those they met with.
Their Picaroons laid before the Mouth of our Rivers, hoverd
all along the Coast, took our Ships in the very Ports, that we
were in a manner blocked up by Water. And if any made
application at his Soveraign Port for Justice, they were in-
solently baffled, except some few, that by Sir. Ellis Leightons
Interest, who made a second prize of them, were redeemed
upon easier Composition. In this manner it continued from
1674, till the latter end of 1676 without rememdy, even till
the time of the Parliaments sitting : so that men doubted
whether even the Conspirators were not Complices also in
the matter, and found partly their own account in it. For
evidence of what is said, formerly, the Paper at the end

[ 69 ]

of this Treatise annexed may serve, returned by some
Members of the Privy Council to his Majesties Order, to
which was also adjoyned a Register of so many of the
English Ships as then came to notice which the French had
taken, ( and to this day cease not to treat our Merchants at
the same rate. ) And yet all this while that they made these
intolerable and barbarous Piracyes, and depredations upon
his Majestyes Subjects, from hence they were more deligent-
ly then ever supplied with Recruits, and those that would
go voluntarily into the French service were incouraged,
others that would not, pressed, imprisoned, and carried over
by maine force, and constraint, even as the Parliament here
was ready to sit down ; notwithstanding all their former
frequent applications to the Contrary. And his Majesties
Magazins were daily emptied, to furnish the French with all
sorts of Ammunition, of which the following note containes
but a small parcell, in comparison of what was daily convey-
ed away, under colour of Cockets for Jarsy, and other places.

A short account of some Amunition, &c. Exported from the
Port of London to France, from June, 1675. to
June 1677.

Granadoes without number, Shipt off under the colour
of unwroght Iron.

Lead Shot 21 Tuns.

Gunpowder 7134 Barrels.

Iron Shot 18 Tun, 600 Weight.

Match 88 Tun, 1900 Weight.

Iorn Ordinance, 441. Quantity, 292 Tuns, 900
Weight.

Carriages, Bandileirs, Pikes, &c. uncertain.

Thus was the French King, to be gratified for undoing us
by Sea with contributing all that we could rap and rend of
Men, or Amunition at Land, to make him more potent against
us; and more formidable.

( 70 )

Thus are we at length arrived at this much controverted,
and as much expected Session. And though the way to it
hath proved much longer then was intended in the entry
of this discourse, yet is it very short of what the matter would
have afforded, but is past over to keep within bounds of
this Volumn. The 15th of February 1676 came, and that very
same day, the French King appointed his March for Flanders.
It seemed that his motions were in Just Cadence, and that as
in a Grand Balet, he kept time with those that were tuned
here to his measure. And he thought it a becoming Galant-
trie, to take the rest of Flanders our natural out work in the
very face of the King of England and his Petites Maisons of
Parliament.

His Majesty demanded of the Parliament in his Speech
at the opening of the Sessions, a Supply for building of Ships,
and the further continuance of the Additional Excise upon Beer
and Ale, which was to expire the 24th of June 1677, and
recommended earnestly a good correspondence between the two
Houses, representing their last Differences as the reason of so
long a Prorogation, to allay them. The Lord Chancellor, as
is usuall with him, spoiled all, which the King had said so
well, with straining to do it better ; For indeed the mischan-
ces of all the Sessions since he had the Seales, may in great
part be ascribed to his indiscreet and unlucky Eloquence.
And had not the Lord Treasure a farre more effectual way
of Perswasion with the Commons, there had been the same
danger of the ill successe of this Meeting, as of those former-
ly. Each House being now seated, the case of this long Pro-
rogation had taken place so farre without doores, and was of
that consequence to the Constitution of all Parliaments, and
the Validity of all proceedings in this Session, that even the
Commons, though fore against their inclination, could not
passe it over. But they handled it so tenderly, as if they
were afraid to touch it.

The first day, insteed of the Question, Whether the Par-

( 71 )

liament were by this unpresidented Prorogation indeed
Dissolved; it was proposed, something ridiculously, Whe-
ther this Prorogation were not an Adjournment? And this
Debate too, they Adjourned till the next day, and from
thence they put it off till the Munday morning. Then those
that had proposed it, yet before they would enter upon the
Debate, asked, Whether they might have liberty? as if that
had not been more then implied before, by Adjourning
the Debate, and as if Freedome of speech, were not a Con-
cession of Right, which the King grants at the first opening
of all Parliaments. But by this faintnesse, and halfe-counsell
they taught the House to deny them it. And so all that mat-
ter was wrapped up in a cleanly Question, Whether their
grand Committees should sit, which involving the Legitima-
cy of the Houses Sitting, was carried in the Affirmative, as
well as their own hearts could wish : But in the Lords House
it went otherwise. For the first day, as soon as the Houses
were seperate, the Duke of Buckingham, who usually saith
what he thinks, argued by all the Laws of Parliament, and
with great strength of Reason, that this Prorogation was Null
and this Parliament consequently Dissolved, offering more-
over to maintaine it to all the Judges, and desiring as had
been usuall in such Cases, but would not here be admitted,
that even they might give their opinions. But my Lord
Frechwell as a better Judge of so weighty a point in Law,
did of his great Courtship move, That the Duke of Buck-
ingham might be called to the Barre, which being opposed
by the Lord Salisbury, as an extravagant motion, but the
Duke of Buckinghams proposal asserted, with all the Cecilian
height of Courage and Reason, the Lord Arundell of
Trerife a Peere of no lesse consideration, and Authority,
then my Lord Frechwell, and as much out of order, as
if the Salt had been thrown down, or an Hare had crossed
his way, Opening, renewed the motion for calling the Duke
to the Barre ; But there were yet too many Lords between,

[ 72 ]

and the Couriers of the House of Commons brought up ad-
vice every moment, that the matter was yet in agitation a-
mong them, So that the Earl of Shaftsbury, had opportu-
nity to appear with such extraordinary vigour, in what con-
cerned both the Duke of Buckingham‘s person and his Pro-
posal, that as the Duke of Buckingham might have stood
single in any rational contest, so the Earl of Shaftsbury was
more properly another Principal, than his Second. The
Lord Chancellour therefore in answer undertook, on the con-
trary, to make the Prorogation look very formal, laying
the best colours upon it, after his manner when Advocate,
that the Cause would bear (and the worst upon his Oppo-
nents) but such as could never yet endure the Day-light.
Thus for five or six hours it grew a fixed Debate, many ar-
guing it in the regular method, till the expected news came,
that the Commons were rose without doing any thing;
whereupon the greater number called for the Question,
and had it in the Affirmative, that the Debate should be
laid aside.

And being thus flushed, but not satisfied with their Victo-
ry, they fell upon their Adversaries in cool blood, question-
ing such as they thought fit, that same night, and the mor-
row after, sentencing them, the Duke of Buckingham, the
Earl of Salisbury, the Earl of Shaftsbury, and the Lord Whar-
ton to be committed to the Tower, under the notion of
Contempt, during his Majestyes, and the Houses pleasure.
That Contempt, was their refusing to recant their Opinion,
and aske pardon, of the King, and the House of Lords.
Thus a Prorogation without Example. A sad Instance and
whereby the Dignity of Parliamens, and especially of the
House of Peers, did at present much suffer, and may pro-
bably more for the future; For nothing but Parliament can
destroy Parliament, If a House shall once be Felon of it selfe
and stop its own breath, taking away that Liberty of speech,

[ 73 ]

which the King verbally, and of course, allows them, (as
now they had done in both Houses ) to what purpose is it
comming thither ? But it was now over, and by the weak-
nesse, in the House of Commons, and the Force in the House
of Lords, this Presumptuous Session, was thus farre settled,
and confirmed; so that henceforward men begun to wipe
their Mouths, as if nothing had been, and to enter upon the
Publick Businesse.

And yet it is remarkable that shortly after, upon occasion
of a discourse among the Commons concerning Libells and
Pamphlets, first one Member of them stood up, and in the
face of their House, said, That it was affirmed to him by a
person that might be spoke with, that there were among them,
thirty, forty, fifty, God knows how many, Outlawed. Another
thereupon rose, and told them, It was reported too, that
there were diverse of the Members Papists ; A third, That a
multitude of them were Bribed, and Pensioners. And yet
all this was patiently hushed up by their House, and digessed,
being it seems, a thing of that Nature, which there is no Re-
ply to ; which may very well administer, and deserve a
serious Reflexion, how great an opportunity this House of
Commons lost, of ingratiating themselves, with the Nation,
by acknowledging in this Convention their invalidity to
proceed in Parliament, and by addressing to his Majesty as
being Dissolved, for a Dismission. For were it so, that all the
Laws of England require, and the very Constitution of our
Government, as well as Experience, teaches the necessity
of the frequent Meeting, and change of Parliaments, and
suppose that the Question Concerning this Prorogation, were
by the Custom of Parliaments to be justified, ( which hath
not been done hitherto) yet who that desires to maintaine
the reputation of an honest man, would not have layed hold
upon so plausible an occasion, to breake company when it
was grown so Scandalous. For it is too notorious to be
concealed that near a third part of the House have bene-

( 74 )

ficiall Offices under his Majesty, in the Privy Council, the
Army, the Navy, the Law, the Houshold, the Revenue
both in England and Ireland, or in attendance on his Majesties
person. These are all of them indeed to be esteemed Gen-
tlemen of Honor, but more or lesse according to the quality
of their severall imployments under his Majesty, and it is to
be presumed that they brought along with them some Ho-
nour of their own into his service at first to set up with. Nor
is it fit that such an Assembly should be destitute of them to
informe the Commons of his Majesties affaires, and com-
municate his Counsells, so that they do not by irregular
procureing of Elections in place where they have no proper
interest, thrust out the Gentelmen that have, and there by dis-
turbe the severall Countreys; Nor that they croude into the
House in numbers beyond modesty, and which instead of
giving a Temper to their deliberations, may seem to affect
the Predominance. For although the House of Peers, be-
sides their supream and sole Judicature, have an equal
power in the Legislature with the House of Commons, and
at the second Thoughts in the Government have often cor-
rected their errours : yet it is to be confessed, that the
Knights, Citizens and Burgesses there assembled, are the
Representers of the People of England, and are more peculi-
arly impowred by them to transact concerning the Religion,
Lives, Liberties, and the Propriety of the Nation. And
therefore no Honorable person, related to his Majesties
more particular service, but will in that place and opportuni-
ty suspect himself, least his Gratitude to his Master, with his
self-interest should tempt him beyond his obligation there to
the Publick. The same excludes him that may next in-
herit from being Guardian to an Infant, not but there may
the same affection and integritie be found in those of the
Fathers side as those on the Mothers, but out of decent and
humane caution, and in like manner however his Majesties
Officers may be of as, found and untainted reputation, as the

[ 75 ]

best, yet common Discretion would teach them not to seek
after and ingrosse such different Trusts in those bordering
Intrests of the King and Contrey, where from the People
they have no Legall advantage, but so much may be gained
by betraying them. How improper would it seem for a
Privy Counsellour if in the House of Commons he should
not justify the most arbytrary Proceedings of the Councill
Table, represent affaires of State with another face, defend
any misgovernment, patronize the greatest Offenders a-
gainst the Kingdome, even though they were too his own
particular enemies, and extend the supposed Prerogative on
all occasions, to the detriment of the Subjects certaine and
due Libertyes ! What self denyall were it in the Learned
Counsell at Law, did they not vindicate the Misdemeanours
of the Judges, perplex all Remedies against the Corruptions
and Incroachment of Courts of Judicature, Word all Acts
towards the Advantage of their own Profession, palliate un-
lawfull Elections, extenuate and advocate Publick Crimes,
where the Criminall may prove considerable; step into the
chaire of a Money Bill and pen the Clauses so dubiously, that
they may be interpretable in Westminister-Hall beyond the
Houses intention, mislead the House, not only in point of
Law, but even in matter of Fact, without any respect to Ve-
racity, but all to his own further Promotion ! What Soldier
in Pay, but might think himself fit to be cashiered, should he
oppose the increase of Standing Forces, the Depression of
Civill Authority, or the Levying of Mony by whatsoever
means or in what Quantity ? Or who of them ought not to
abhorre that Traiterous Position, of taking Armes by the
Kings Authority against those that are Commissionated by
him in pursuance of such Commission? What Officer of the
Navy, but takes himself under Obligation to magnify the
expence, extoll the mannagment, conceal the neglect, in-
crease the Debts and presse the Necessity, ringging and un-
ringging it to the House in the same moment, and repre-

[ 76 ]

senting it all at once in a good and a bad condition? should
any Member of Parliament and of the Exchequer omit to
transform the Accounts, conceal the Issues, highten the An-
ticipations, and in despight of himself oblidge whosoever
chance to be the Lord Treasurer; might not his Reversioner
justly expect to be put into present Posession of the Office?
Who that is either concerned in the Customes, or of their
Brethren of the Excise, can with any decency refuse, if
they do not invent, all further Impositions upon Merchandise,
Navigation, or our own domestick Growth and Consump-
tion; and if the Charge be but Temporary, to perpetuate
it? Hence it shall come that insteed of relieving the Crown
by the good old and certain way of Subsidyes, wherein no-
thing was to be got by the House of Commons, they de-
vised this Foraine course of Revenue, to the great Grei-
vance and double charg of the People, that so many of the
Members might be gratified in the Farmes or Commissi-
ons.

But to conclude this digression whatsoever other Offices
have been set up for the use of the Members, or have been
extinguished upon occassion, should they have failed at a
Question, did not they deserve to be turned out? Were
not all the Votes as it were in Fee Farme, of those that were
instructed with the sale? Must not Surinam be a sufficient
cause of quarrel with Holland, to any Commissioner of the
Plantations? Or who would have denyed Mony to continue
the War with Holland, to any Commissioner of the
Prizes, of Sick and Wounded, of Transporting the English, or
of Starving the Dutch Prisoners? How much greater then
would the hardship be for those of his Majesties Houshold,
or who attend upon his Royall Person, to forget by any
chance Vote, or in being absent from the House, that they
are his Domestick servants? Or that all those of the capacity
abovementioned are to be look upon as a distinct Body

( 77 )

under another Discipline; and whatsoever they may com-
mit in the House of Commons against the National Inter-
est, they take themselves to be justified by their Circum-
stances, their hearts indeed are, they say, with the Coun-
try, and one of them had the boldness to tell his Majesty,
That he was come from Voting in the House Against his
Conscience.

And yet these Gentlemen being full, and already in Im-
ployment, are more good natured and less dangerous to the
Publick, than those that are hungry and out of Office, who
may by probable computation, make another Third part of
this House of Commons. Those are such as having obser-
ved by what steps, or rather leaps and strides, others of their
House have ascended into the highest Places of the King-
dom, do upon measuring their own Birth, Estates, Parts,
and Merit, think themselves as well and better qualified in
all respects as their former Companions. They are gene-
rally men, who by speaking against the French, inveighing,
against the Debauches of Court, talking of the ill manage-
ment of the Revenue, and such Popular flourishes, have
cheated the Countrys into Electing them, and when they
come up, if they can speak in the House, they make a faint
attaque or two upon some great Minister of State, and per-
haps relieve some other that is in danger of Parliament, to
make themselves either way considerable.

In matters of money they seem at first difficult, but ha-
ving been discourst with in private, they are set right, and
begin to understand it better themselves, and to convert
their Brethren : For they are all of them to be bought
and sold, only their Number makes them cheaper, and
each of them doth so overvalue himself, that sometimes they
outstand or let slip their own Market.

[ 78 ]

It is not to be imagined, how small things in this case, even
Members of great Estates will stoop at, and most of them
will do as much for Hopes, as others for Fruition, but if
their patience be tired out, they grow at last mutinous, and
revolt to the Country, till some better occasion offer.

Among these are some men of the best understanding,
were they of equal integrity, who affect to ingrosse all busi-
nesse, to be able to quash any good motion by Parliamentary
skill, unlesse themselves be the Authors, and to be the lead-
ing men of the House, and for their naturall Lives to Con-
tinue so. But these are men that have been once fooled,
most of them, and discovered, and slighted at Court, so that
till some turn of State shall set them in their Adversaryes
Place, in the mean time they look Sullen, make big Moti-
ons, and contrive specious Bills for the Subject, yet onely
wait the opportunity to be the Instruments of the same
Counsells, which they oppose in others.

There is a Third Part still remaining, but as contrary in
themselves as Light and Darknesse; Those are either the
worst, or the best of Men; The first are most profligate per-
sons, that have neither Estates, Consciences, nor good Man-
ners, yet are therefore picked out as the necessary men,
and whose Votes will go furthest; The charges of their
Elections are defraied, whatever they amount to, Tables are
kept for them at White Hall, and through Westminster, that
they may be ready at hand, within Call of a Question: All
of them are received into Pension, and know their Pay-day,
which they never faile of: Insomuch that a great Officer
was pleased to say, That they came about him like so many Jack
daws for Cheese, at the end of every Session. If they be not in
Parliament, they must be in Prison, and as they are Protect-
ed themselves, by Priviledge, so they sell their Protections
to others, to the obstruction so many years together of the
Law of the Land, and the publick Justice; For these it is,
that the long and frequent Adjournments are calculated,

[ 79 ]

but all whether the Court, or the Monopolizers of the
Country Party, or these that profane the title of Old Cava-
liers, do equally, though upon differing reasons, like Death
apprehend a Dissolution. But notwithstanding these, there
is an hanfull of Salt, a sparkle of Soul, that hath hitherto pre-
served this grosse Body from Putrefaction, some Gentle-
men that are constant, invariable, indeed English men,
such as are above hopes, or fears, or dissimulation, that can
neither flatter, nor betray their King, or Country: But be-
ing conscious of their own Loyalty, and Integrity, proceed
throw good and bad report, to acquit themselves in their
Duty to God, their Prince, and their Nation; Although so
small a Scantling in number, that men can scarse reckon of
them more then a Quorum; Insomuch that it is lesse difficult
to conceive, how Fire was first brought to light in the World
then how any good thing could ever be produced out of an
House of Commons so constituted, unlesse as that is imagi-
ned to have come from the rushing of Trees, or batterring
of Rocks together, by accident, so these by their clashing
with one another, have struck out, an usefull effect from so
unlikely causes. But whatsoever casuall good hath been
wrought at any time by the assimilation of ambitious, fact-
ious, and disappointed Members, to the little, but solid, and
unbyassed Party, the more frequent ill effects, and conse-
quences of so unequall a mixture, so long continued, are de-
monstrable and apparent. For while scarse any man comes
thither with respect to the publick service, but in design to
make, and raise his fortune, it is not to be exprest, the De-
bauchery, and Lewdnesse, which upon occasion of Electi-
on to Parliaments, are now grown habitual thorow the
Nation. So that the Vice, and the Expence, are risen to
such a prodigious height, that few sober men can indure to
stand to be chosen on such conditious. From whence also
arise Feuids, and perpetuall Animosityes, over most of the
Countyes, and Corporations, while Gentlemen of Worth,

[ 80 ]

Spirit, and ancient Estates, and Dependances, see themselves
overpowered in their own neighbourhood by the Drunk-
nesse, and Bribery, of their Competitors. But if neverthe-
lesse any worthy person chance to carry the Election, some
mercenary or corrupt Sheriffe makes a double Return, and
so the Cause is handed to the Committee of Elections, who
aske no better, but are ready to adopt his Adversary into the
House if he be not Legitimate. And if the Gentleman a-
grieved seek his Remedy against the Sheriffe in Westminster-
Hall, and the proofes be so palpable, that the Kings Bench
cannot invent how to do him injustice, yet the major part of
the twelve Judges, shall upon better consideration vacate
the Sheriffs Fine, and reverse the Judgement: but those of
them that dare dissent from their Brethren are in danger to
be turned off the Bench without any cause assigned. While
men therefore care not thus, how they get into the House of
Commons, neither can it be expected that they should make
any conscience of what they do there, but they are onely
intent how to reimburse themselves (if their Elections were
at their own charge) or how to bargine their Votes for a
Place, or a Pension. They lift themselves streightways into
some Court faction, and it is as well known among them, to
what Lord each of them retaine, as when formerly they
wore Coates, and Badges. By this long haunting so together
they are grown too so familiar among themselves, that all
reverence of their own Assembly is lost, that they live to-
gether not like Parliament men, but like so many Good fe-
llows, met together in a Publick House to make merry. And
which is yet worse, by being so throughly acquainted, they
understand their Number and Party, so that the use of so
publick a Counsel is frustrated, there is no place for delibe-
ration, no perswading by reason, but they can see one ano-
thers Votes through both Throats and Cravats before they
hear them.

Where the Cards are so well known, they are only fit for

( 81 )

a Cheat and no fair Gamster, but would throw them under
the Table.

Hereby it is that their House hath lost all the antient
weight and authority, and being conscious of their own guilt
and weakness, dare not adventure, as heretofore, the Im-
peaching of any man before the Lords, for the most hainous
Crimes of State, and the most Publick Misdemeanours; up-
on which confidence it is, that the Conspirators have so long
presumed, and gone unpunished. For although the Con-
spirators have sometimes (that this House might appear
still necessary to the People, and to make the money more
glib) yeelded that even their own Names should be tossed
among them, and Grievances be talked of, yet at
the same time they have been so prevalent as to
hinder any Effect, and if the House has Emancipated it self
beyond Instructions, then by Chastizing them with Proro-
gations, frighting them with Dissolution, comforting them
with long, frequent, and seasonable Adjournments, now
by suspending, or diminishing their pensions, then again by
increasing them, sometimes by a scorn, and otherwhiles by a
favour, there hath a way been found to reduce them again
under discipline. All these things and more being considered
and how doubtful a foot this Long Parliament now stood up-
on by the long Prorogation, there could not have been a more
Legal, or however no more wise and honest a thing done,
then for both the Lords and Commons to have separated
themselves, or have besought his Majesty to that purpose, lest
the Conspirators should any longer shelter and carry on their
design against the Government and Religion, under this sha-
dow of Parliamentary Authority. But it was otherwise order-
ed, of which it is now time to relate the Consequences.

The four Lords having thus been committed, it cannot
properly be said that the House of Peers was thenceforward
under the Government of the Lord Frechwel, and the Lord
Arundel of Trerise, but those two noble Peers had of ne-

[ 82 ]

cessity no small Influence upon the Counsels of that House,
(having hoped ere this to have made their way also into his
Majesties Privy Council) and all things fell out as they could
have wished, if under their own direction. For most of
them, who had been the most active formerly in the Publick
Interest, sate mute in the House, whether, as is probable
out of reverence to their two Persons, and confidence in
their wisdom, they left all their Conduct, and gave them
a general Proxy, or whether, as some would have it, they
were sullen at the Commitment of of the four Lords, and by
reason of that, or the Prorogation, began now to think the
Parliament, or their House to be Non Compos. But now
therefore Doctor Cary, a Commner, was brought to the
Barre before them, and questioned concerning a written
Book which it seems he had carried to be printed, treating
of the Illegality of this Prorogation, and because he satisfyed
them not in some Interrogatories, which no man would in
Common honour to others, or in self preservation, as neither
was he in Law bound to have answered, they therefore
Fined him a thousand pounds, under that new Notion of
Contempt, when no other Crime would do it, and senten-
ced him to continue close Prisoner in the Tower until pay-
ment. Yet the Commons were in so admirable good tem-
per (having been conjured by the charming Eloquence of
the Lord Chancellor, to avoid all misunderstanding between
the two Houses) that their could no Member, or time, be
found in all the session, to offer their House his Petition,
much lesse would that breach upon the whole Parliament,
by imprisoning the Lords, for using their liberty of speech,
be entertained by them upon motion, for fear of entrench-
ing upon the priviledge of the House of Peers, which it had
been well for them if they had been as tender of formerly.

One further Instance of the Complexion of their House,
at that season, may be sufficient. One Master Harrington,
had before the Session been Committed Close Prisoner (for

( 83 )

that was now the mode, as though the Earl of Norhampton,
would not otherwise have kept him Close enough) by Or-
der of the King and Councill, the Warrant bearing for sub-
ornation of Perjury, tendin to the Defamation of his Majesty,
and his Government, and for Contemptuously Declaring, he
would not answer his Majesty any Question, which his
Majesty, or his Privy Council should aske him. As this Gen-
tleman was hurried along the the Tower, he was so dexterous
as to convey into a freinds hand passing by, a Blanke Paper
onely with his name, that a Petition might be written above
it, to be presented to the House of Commons, without reject-
ing for want of his own hand in the subscription. His Case
notwithstanding the Warrant was thus.

He had met with two Scotch souldiers in Town returned
from Flanders, who complained that many of their Countrey
men had in Scotland been seised by force, to be carried over
into the French service, had been detained in the Publick
prisons till an oportunity to transport them: were heaved
on board fast tyed and bound like malefactors, some of them
struggling and contesting it, were cast into the Sea, or
maimed in conclusion an intolerable violence and barbarity
used to compell them and this near the present session of
Parliament. Hereupon this Gentleman considering how
oft the House of Commons had addressed to his Majesty and
framed an Act for recalling his Majesties Subjects out of the
French service, as also that his Majesty had ishued his Procla-
mation to the same purpose, thought he might do a good
and acceptable thing in giving information of it to the House
as time served, But withall knowing how witnesses might
possibly be taken off, he for his own greater security took
them before a Master of Chancery, where they comfirmed
by Oath the same things they had told him. But hereupon
he was brought before his Majesty, and the Privy Councill,
where he declared this matter but being here asked by the
Lord Chancellour some insnaring and improper questions,

[ 84 ]

he modestly, as those that were by affirmed, desired to be ex-
cused from answering him further, but after this, answered
his Majesty with great humility and respect to divers quest-
ions. This was the subornation of Perjury, and this the Con-
tempt to his Majesty, for which he was made Close Prisoner.
Upon his Petition to the House of Commons he was sent for,
and called in, where he is reported to have given a very
clear account of the whole matter, and of his behaviour at
the Council board. But of the two Scotch soldiers the one
made himself perjured without being suborned by Harring-
ton, denying or misrepresenting to the House what he had
sworn formerly. And the other, the honester fellow it
seems of the two, only was absented. But however divers
honourable Members of that House attested voluntarily,
that the soldiers had affirmed the same thing to them, and in-
deed the Truth of that matter is notorious, by several other
soldiers that since came over, and by further account from
Scotland. Master Harrington also carryed himself towards
the House with that modesty, that it seemed inseparable
from him, and much more in his Majesties presence, so that
their House was inclined, and ready to haveconcerned them-
selves for his Liberty. But Master Secretary Williamson stood
up having been a Principal Instrument in commiting him,
and because the other crimes rather deserved Thanks and
Commendation, and the Warrant would not Justify it self,
he insisted upon his strange demeanour toward his Majesty,
decipherd his very looks, how truly it matters not, and but
that his Majesty and the House remained still living Flesh and
Blood, it might have been imagined by his discourse that
Master Harrington had the Head of a Gorgon. But this
story so wrought with, and amazed the Commons, that Mr.
Harrington found no redresse; but might thank God that he
escaped again into Close Prison. It was thought notwith-
standing by most men that his looks might have past any
where but with a man of Sir Josephs delicacy. For neither
indeed had Master Harrington ever the same oportunities

[ 85 ]

that others of practiting the Hocus Pocus of the Face, of Play-
ing the French Scaramuccie or of living abroad to learn how
to make the Plenipotentiary Grimass for his Majestys service.

And now to proceed, rather according to the Coherence
of the matters, then to the particular Date of every days
action. By this good humour, and the House being so free of
the Liberty of their fellow Commoners, it might be guessed
that they would not be lesse liberal of their Mony this Session.

The Bill therefore for 600000 l. Tax for eighteen month
toward the building and furnishing of Ships easily passed
without once dreaming any more of appropriating the Cust-
omes. For the Nation being generally possessed by the
Members with the defects of the Navy, and not consider-
ing at all from what neglect it proceeded, the House of
Commons were very willing, and glad to take this occasion,
of confirming the Authority of their sitting, and to pay
double the summe that in the former Sessions they had
thought necessary towards the Fleet; hereby to hedg in, and
purchase their own continuance. And for the same purpose
they ingrossed the Act with so numerous a list of Commissi-
oners, that it seemed rather a Register or Muster-roll of the
Nation, and that they raised the whole kingdom to raise the
mony. For who could doubt that they were still a lawful Par-
liament, when they say so many gentlemens names ( though
by the Clerks hand onely) subscribed to an Act of their ma-
king? Onely Mr. Seymour the speaker, would have dimini-
shed the number in his own Country. For he had entred in-
to a Combination, that none should serve the King or their
Country thorow Devonshire, in any capacity but under his
approbation, and therefore he highly inveighed against ma-
ny Gentlemen of the best rank there, that ought him no ho-
mage, as persons disaffected, oppossing their names at a
Committe of the whole House, before he heard them. But
being checked in his careere, he let fall the contest, with as
much judgment and modesty, as he had begun it with bold-
nesse and indescretion.

[ 86 ]

This Bill was not enough, but though the Nation had
hoped to be relieved from the Additional Excise upon Beer
and Ale, which the Tripple League had foold them into, but
was not of course to expire the 24th of June, 1677. Yet
a Bill for the continuing of it for three years more passed
them likewise with little Difficulty. For the late fear of Disso-
lution was still so fresh upon them, that they would continue
any thing to buy their own Continuance; and this Bill might
considering their present want of Legality, have been pro-
perly intituled, An Act for the Extraordinary Occasion of
the House of Commons. But that they might seem with-
in this tendernesse to themselvs not to have cast of all toward
the People, they sunk all former Grievances into a Bill of
Chancery, knowing well that a sute in that Court would be
sooner ended, then a Reformation of it be effected; and
that thereby they might gain work enough to direct the
whole session. And of their usuall Bills for the Liberty of
the Subjects, they sent up only that of Habeas Corpus; pretend-
ing, and perhaps truly, that they durst not adventure them
either in their own or the Lords House as they were now
governed, lest they should be further ensnared by strug-
ing for freedome. But least they should trouble themselves
too much with Religion, the Lords presented them with two
Bills of a very good name, but of a strange and unheard of
nature. The one intituled An Act for securing the Protestant
Religion by educating the Children of the Royall Family, and
providing for the continuance of a Protestant Clergy. The
other, An Act for the more effectuall Conviction and Prosecu-
tion of Popish Recusants. And with these they sent down a-
nother for the further regulation of the Presses and sup-
pressing all unlicensed Books, with clauses most severe and
generall upon the subject, whereof one for breaking all
Houses whatsoever on suspicion of any such Pamphlet where
by Master L`Estranges Authority was much amplifyed to

[ 87 ]

search any other House with the same liberty as he had Sir
Thomas Dolemans.

But as to those two Bills of Religion, although they
were of the highest consequence that ever were offered in
Parliament since Protestancy came in (and went out of
fashion) yet it is not to be imagined, how indisputable and
easy a passage they found thorow the House of Peers, to
the House of Commons; which must be ascribed to the
great unanimity among them, after the committing of the
four Lords, and to the Power of those two noble Peers,
their Adversaries, which was now so established, that their
sense being once declared, the rest seemed to yeild them an
Implicite Faith and Obedience; and they were now in
such Vogue, that whatsoever was spoken or done any
where abroad in perfection, with great weight and judge-
ment, men said it was A la Fraischeville. But if gentily
and acutely, A la Trerise.

That Intituled, An Act for the more effectual Convicti-
on and Prosectution of Popish Recusants, is too long to be here
inserted, and the Fate it met with, makes it unnecessary, for
as soon as it was first read a Gentle-man of great worth and
apprehension spake short but roundly and thorow against
it.

A second immediately moved that it might not onely be
thrown out, but with a particular mark of infamy. And it
being without any more ado ready to be put to the Questi-
on, a third demanded that they should stay a while to see
whether there were any one so hardy as to speak a word for
it. Which no man offerring at, it was forth with rejected
with this censure added to the Journal.