Parliament that so they might unanimously before it be too late use their utmost endeavours for his Majesties service and for the honour the safety the welfare and the glory of the English Nation No sooner had the Duke ended his Speech but the Lord Fretchvil mov'd to have him call'd to the Bar and theâ—e proceeded against as should be thought fit The Lord Salisbury said That vvas to take avvay the Freedom of Parliament And maintain'd the Duke in his assertion with great Reason After him the Lord Alisbury argued against the Dissolution and against the Duke's being call'd to the Barr. The Lord Arundel of Trerice seconded the Lord Frechvil's motion The Lord Halifax said The Parliament was not in his Opinion Dissolved but that it was so far from a Crime in the Duke to move it that it deserved Commendation because this was a proper place for the motion and the Determination of it would be of advantage which way soever the House should determine it The Lord Berkshire spoke against calling to the Barr and made a jest of it The Lord Shaftsbury said The calling the Duke to the Barr were to take away all liberty of speech in Parliament he very judiciously opened the state of the case with relation to the Dissolution He shewed That by the common law there ought to be Annual Parliaments That divers Statutes had provided for Annual Parliaments That we have right to our laws and These are the laws that preserve our Rights That these are the only laws by which the King is bound to call any Parliament That the King is bound by his Oath to keep the laws and that it is a great crime in any to endeavour to make him break his Oath That t is dangerous to remove Old Landmarks That many Inconveniences have ever been the conseqences of long Parliaments And after many Arguments and answering all Objections to the contrary he concluded the Prorogation was illegal The Marquess of Winchester said The Parliament was not Dissolved but thought the Duke who moved the business deserved thanks The Marquess of Dorchester carried on the debate of the Dissolution and argued against it After this which was about an hour the debate of the Dissolution was continued about four hours the Lord Chancellor undertaking to answer the Arguments which were or should be urged for it This the Lords understood to be an implied lience to shew the reasons of their opinion and accordingly a good number of Lords urged unanswerable Reasons to prove the Prorogation illegal and that they could not by law Sit and Act as a Parliament And all this while there was no reflexion upon any of the Lords for their opinnion for the Commons were still sitting and upon debate of that matter and the Court Church and Popish Lords could not tell what would be the Issue of the Question amongst them But as soon as they had notice that the Commons were up and had not suffered any Question to be put upon it but had run the Debate upon a Question that had no ground either in law or Reason which they had not determined neither but had adjorned to the next day They from this took right measures to conclude that the major part of the Commons were unwilling to part with their Seats and thereupon took confidence to shew them that they had the major part of the Lords too and having so in both Houses they need not fear to do whatsover they had a mind to and therefore without offering any colourable answer to the reasons and arguments that had been urged they put this question Whether this debate should be laid aside and it was carried in the Affirmative As soon as this Question was carried the lord Treasurer moved that it might be considered what to do with those lords that had asserted That the Parliament vvas dissolved The Duke of Ormond moved that the Duke of Buckes might be questioned The lord Treasurer moved That the Earl of Salisbury of Shaftsbury and the lord Wharton might be questioned The motion of these Lords as I thinke I have been told was seconded by the Duke of York and some of the lords called upon them to withdraw but they continved in their places as others of the lords declared they ought to do The Debate continued 〈◊〉 hours whether they should be questioned divers lords urging That it was against the Priviledge of Speech to which every Peer had right to question them And the Lord Privy Seal made along and most ingenious and judicious Speech to that purpose He said It was an Essential Priviledge of all Courts that every one of the Members of any of them should have Liberty to propose and debate any matter that concerned themselves as a Court or their own Jurisdiction And this liberty is not only grounded upon the Law of England but Reason has so clearly declared it to all Men that it is allowed for Law in All Countries much more ought to be allowed for Law in England where we boast our selves to be a Free People and much more to every Member of the House of Lords which is a constitutive part of the Legislative Power And indeed nothing is more plainly provided for in the Law of England than this Ask the Judges and they will tell you They are not Questionable for their Opinion delivered in Court tho over-rul'd by their Brethren as contrary to Law And shall not a Member of the high Court of Parliament have as much Liberty as the Judges of every Inferiour Court in England claims He said There were many Records and Acts of Parliament which did declare it to be the right of the Peers To Propose and Debate any thing vvhich they thought to be for the Good of the King and Kingdom And by the standing known Rules of the House if any Motion be made that gives Offence the Proposer ought immediately to be questioned or not at all and no Man is to Answer for any thing that has been Debated and a Question put upon it for by entering into the Debate they allow it to be Disputable and give Licence to the Lords to speak their Opinions of either side And should they Invade this Liberty and break these Rules as in Questioning these Lords they should do they should not Act is a Parliament but as an Arbitrary Assembly and there could be no Safety for any Member of Parliament For whatsoever was Proposed by aâ—y 〈◊〉 〈◊〉 the Major Vote went against him he and those of his Opinion might be questioned and then no New law could be made nor Inconvenient one altered or abrogated For no law can be made or altered but it must be proposed by some body and none could dare to propose it lest the House should not be of his Opinion and then he could not be secure He added That this was the Case of every Lord there For suppose the Major Vote had been That the Parliament vvas Dissolved he believed they would not
convinced by any Reason could be urged for their Defence And the World judges this to be the Reason viz. That they thought four such Lords as had so great Reputation for Wisdom Interest and Courage suffering on this account would give too great a Credit to the thing they had proposed their induring Imprisonment rather than Recant their Opinions would make the World examine it too narrowly and so the Question which they endeavoured to smother would grow more publick and the People would be made sensible that what those Lords urged was only to assert the Rights and Liberties of the People of England in having frequent Nevv Parliaments and Freedom of Speech in Parliament And therefore though they had singled those Four out of all the rest of the Lords that had maintained the same thing Yet some of the Court Lords not out of love to any of the Four but to avoid this Rock and to prevent having so strong a Testimony of their Illegal Proceedings as the Interest and Reputation of those Four Lords would give did labour if possible to single out the Duke of Bucks and the Lord Shaftsbury from the other two nay some seem'd to desire the Duke of Bucks alone might be Questioned as being the first mover in this matter which he perceiving withdrew and went away and immediately after the Vote passed for all their with wrawing and though the Duke's going gave some disappointment to their Design yet still they pursu'd it by endeavouring if it were possible to separate my Lord Shaftsbury from the other two But in this also they were disappointed for my Lord of Sailsbury being call'd in first soon shew'd them by his prudent and gâ—llant Resolution that all endeavours of theirs to divide him from so good a Cause and truly Noble Company were but in vain And the Lord Wharton tho in so great an Age and under Circumstances as might some what have excus'd him yet bore it with so much Honour and Resolution as wholly frustrated their design of that kind for though my Lord Salisbury was not called to the 〈◊〉 but to his place in the House and there told by my â—â—rd Chancellor That the House did observe that he did 〈…〉 that the Prorogation is Illegal at which the House had 〈◊〉 great Offence and lookt upon it not only as an offence to the House but also to the King and therefore required him to ask pardon of the King and the House This his Lordship refusing to do after he was again withdrawn the House judged this to be a Contempt and that he should kneel at the Bar as a Delinquent and be committed to the Tower during the pleasure of the King and the House Next my Lord of Shaftsbury was called not to his Place but to the Bar and not only required to ask pardon but to make his acknowledgment in these very words Viz. I do acknovvledge my endeavouring to maintain this Parliament is Dissolved vvas an ill advised Action for vvhich I humbly beg Pardon of the King and this most honourable House Which his Lordship refusing to do the House judged it a Contempt and that he should kneel at the Bar as a Delinquent and be committed to the Tower during the pleasure of the King and the House The Earl of Shaftsbury and Earl of Salisbury both desiring they might have their own Cooks The 〈…〉 was called not to the Bar but to his Place in the 〈◊〉 and the same words said by the Lord Chancellor to him as before to my Lord of Salisbury but he also refusing to make his acknowledgment was likewise called to the Bar and committed to the Tower By which different manner of proceedings It is manifest that they would gladly have lessened the Testimony of those Lord had they not been persons that knew not how to consult their particular conveniencies before their own Honour and the Publick Interest Next morning the House sitting the Duke of Buckingham came in and took his Place but was immediately call'd upon to withdraw He earnestly pressed to be first heard but that not being suffered he withdrew and was immediately ordered to be brought to the Bar by the Gentleman-Usher of the Black-Rod which accordingly was done where he spake to this purpose My Lords Yesterday vvhen I vvent avvay I vvas ill and besides I thought I had sufficiently tyred your Lordships vvith my Discourse but since I hear you have committed the Earl of Salisbury Earl of Shaftsbury and my Lord Wharton to the Tower I am come hither to pray your Lordships to Discharge them or if not to Send me to bear them Company for I conceive they have done nothing but vvhat I have done as much they only Arguing for vvhat I first moved After which the Lord Chancellor spake to the Duke of Bucks as follows My Lord I am to tell you in what Condition your Affairs stand here My Lords find you highly guilty in Asserting That this Parliament is Dissolved and very active in maintaining it and therefore have Ordered that you make this acknowledgment at the Bar which I shall read to you viz. I do acknovvledge that my endeavouring to maintain That this Parliament is Dissolved vvas an ill advised Action for vvhich I humbly beg the Pardon of the Kings Majesty and of this most honourable House To which the Duke replyed That if he had been unmannerly in his Behaviour or if he had let fall any foolish or undecent expression he vvas ready to ask Pardon But there vvere tvvo things for vvhich he never could ask Pardon The first vvas for Thinking for that no man can help The next vvas for declaring to their Lordships vvhat he did Think to be for his Majesty's Service their Lordships Henour and the Good and Safety of the People of England For if I should not do this I vvere not an honest Man nor vvorthy to sit in this House as a Peer of the Realm Upon which his refusal the Lord Chancellor pronounced this Sentence upon him That for his Contempt to his Majesty and this House he shall stand committed to the Tovver of London during the pleasure of the King and this House Then the Duke of Bucks desired That he might have his own Cook and Butler and so withdrew And immediately upon the Motion of the Lord Treasurer and the Duke of York this further Order was made Whereas George Duke of Bucks James Earl of Salisbury Anthony Earl of Shaftsbury and Philip Lord Wharton stand committed Prisoners to the Tower of London by Order of this House It is this Day further Ordered by c. That the said Lords remaining Prisoners be kept severally apart and that they be not suffered to meet together unless it be at Church and that no Persons be suffered to Visit them without the leave of this House except their necessary Servants and Attendants For which this shall be a sufficient Warrant To the Constable of the Tovver of London c. Thus Sir I have given
man is obliged to ansvver Questions against himself But if notwithstanding this present Convention of Lords may lawfully send for any man and if he will not answer Questions against himself may judge it a Contempt and without any legal Process or Judgment of his Peers may Fine him more than he is worth and Imprison him till he has paid that Fine Magna Charta the Petition of Right and all the Lavvs made to secure our Liberites and Properties are become Useless and Insignificant things And every Man in England enjoys his Liberty and Estate not of Right or by Law but at the Will and Pleasure of these Lords Hence it is men stick not openly to say It is not the Duke of Buckingham the Earl of Salisbury the Earl of Shaftsbury the Lord Wharton and Doctor Cary only but all the Laws Rights and Liberties of England are Imprisoned vvith them And there is not any one Lord Gentleman Citizen or Person vvhatsoever in England But by the same Rule may be Imprisoned the next hour So that their Case extends it self to the whole People of England and what they suffer they suffer as their Martyrs I Pray God deliver the King and Kingdom from the Calamitous Consequences that these things seem to Usher in and bring deserved shame upon such Actions and Principles as for the Advantage of perticular Persons or little Factions tend to the Ruine of the People and Government So Prayes Sir Your Affectionate and humble Servant J. E. The Publisher to the Reader SIR WHilst the Alies of our New Tripple League are thus securing the Protestant Religion and the Rights and Liberties of the Nation the French King that great Enemy of the Protestant Religion Liberty and Property the Disturber of Christendom who for his Pride and Lust which he calls his Glory hath already destroyed at least Seven hundred thousand Men and Burnt and laid Desolate whole Courtries goes on Triumphant both by Sea and Land having already 165 Ships of War and about 40 more upon Stocks which certainly will be the best Navy in the World He has lately beat the Dutch Fleet in the West-Indies and is like speedily to be Master of Sicily He has thus Early in the Year taken Valenciâ—ns and Cambray and just now there is certain News come he 〈◊〉 so Worsted the Prince of Orang's Army that its thought all the Spanish Netherlands must speedily fall into his hands without much Opposition How dreadful an Aspect this hath upon England you and all men may judge I do not think it at all strange of find some men but little concern'd for the Preservation of the Protestant Religion and the keeping out of Popery and others as little for the Maintenance of the Laws Rights and Liberties of the Nation in opposition to Arbitrary Povver but I hope there are none so rechlesly stupid as to be unconcern'd when they see themselves like to lose not only the Protestant Religion and all the Rights and Liberties of the Nation with all their own Estates and Possession but the Land and Soil of the Nation it self And this seems to be our present Case for the wisest men here do think matters are brought to this narrow Issue That either we must speedily have a Nevv Parliament or certainly become a French Conquest For France is now become so prodigiously Powerfull that the most United Wisdom Riches and Strength of this Nation will scarcely be able to preserve it out of their ravenous Hands And I Appeal to all Mankind whether we be like to find the like Wisdom and Faithfulness in a Gonvention of Men imposing themselves upon us as a Parliament the far greatest part of which consists either of French or Court-Pentioners Indigent or Out-law'd persons Children Fools or such as are Super-annuated as in a Parliament freely chosen by the whole Nation to preserve it from so eminent a Danger And whether such a Parliament would not have much more the Command of the Hearts and Affections the Purse and Persons of the whole People than its possible for this Convention to have during the continuance of which as a Parliament And consequently the Kings Great Council the French has arrived to this excessive Greatness and poor England to this miserable State Therefore it seems to be the indispensable Duty of every English-man to use his utmost Endeavour to move his Majesty not only to Discharge these Four Worthy Lords but to answer their Great Request by Galling a Nevv Parliament before it be too late to provide for the Safety of the King and Kingdom FINIS