Saturday, March 8.
Sir Thomas Lee.] It is now eleven of the clock, and it
is necessary we propose what to do before the Black Rod
comes; whether you will do something previous; whether you will acquaint the King what we suffer for want
of a Speaker; or whether you will propose somebody to
say something at the Lords Bar to the King? I move
you to consider which you will do.
Sir Harbottle Grimstone.] I second that Gentleman
that spoke last. Two things he proposed; Whether to
send to the King to represent what we suffer for want of
a Speaker; or whether you will propose somebody to say
something to the King at the Lords Bar, when the Black
Rod comes to call us up? Some of the Long Robe, I
believe, have taken pains to search for Precedents. My
eyes are not good, and I am infirm, and not able to
search. But thus much I shall say to the rational part.
The Question is, Whether the King's approbation of a
Speaker is the substance and essence of the matter? For
my part I never took it to be so. When you wait upon
the King with your Speaker, he is your Speaker so soon
as you have chosen him, and you may lay the Mace upon
the Table. When you go up with the Speaker to the
Lords House, you go up to tell the King, that, according to his direction, you have chosen a Speaker. It has
been a thing of course to give the King notice of the
person you have chosen, that he may know him; and we
stand by, and give the Speaker leave modestly to deny,
and exercise his oratory. If the King's approbation
must be the essence of your choice, if you part with this,
you part with all. Shall we not have the liberty to chuse
our own servant, fit to do our own work? Other people
would destroy our work, if we part with that which must
enable us to do the work of them that trusted us and
sent us hither. If any one man may be imposed upon us,
who will not do our work, it may be he will put what
question he pleases, and tire you out—This I have seen
done. I would ask any man, who has influence upon
this action, now we have chosen a Speaker, that he should
be refused? Whoever broke the last Parliament, without
the desire of this House, or the advice of the Privy Council, that man or men, that broke that Parliament, will
break this too, to the utter undoing of the Nation. Our
time is short, if you please to think of it. If Seymour be
not in the Lords House (as it is said he is) or if he be
in the country; if the person be in the country and not
here, that we shall choose, then let us set up another to
rule for him till he comes, as in the absence of a Knight
of the Shire that is chosen. Mr Seymour is a person of
great experience for the place, and he is the fittest to go
on where you left off; but he being not here, let somebody sit in his Chair to represent his person, till he comes.
And then we will offer our Reasons to the King, why
we cannot recede from our first Election of Mr Seymour
for our Speaker.
Sir Thomas Clarges.] I was glad yesterday to find that
moderation in this great matter. Though we were then
satisfied in our Right, yet, by this night's consideration,
Gentlemen have looked over Precedents—But though
one of the Long Robe be more proper for Speaker, yet
there are Precedents of others that have been in that
place. I find anciently that the Commons have chosen
their Speaker without presenting him to the King for
approbation. Some have made excuses to the King,
and some none (1 Hen. IV.) and in 7 Hen. VIII. he was
presented before the ordinary Privileges were asked, viz.
of Access to the King's Person, Liberty of Speech, &c.
But it is notorious that all these things were our birthrights before. But if this Argument be used against our
Right, because, in respect to the King, we make a formality of the King's Approbation, all our Rights will fall
with that. This matter before us is that which all the
Commons of England have a Right to, and I hope we
shall not impair those Rights that they have entrusted to
us. R. II. Sir John Cheyney was chosen Speaker, and went
up to the King, &c. to be confirmed. The next day he
fell sick, and desired the House to chuse another, and they
chose Dorwood, and notified it to the King that they had
chosen him. Popham was chosen 28 Hen. VI. (a troublesome time.) He was sick and unable to perform the office,
and the Commons had leave granted to chuse another.
But there are upon Record many Speakers that have been
chosen, and were ready to serve, without making any excuse. It is a strange thing that we should hear nothing
of this for two hundred years, and now the Kingdom is
in danger, that this Parliament should have an interruption. I hope that, in the consideration of this matter, we
shall take such steps as are worthy of the great trust reposed in us.
Mr Sacheverell.] This matter is of great importance,
and therefore we ought to take wary steps in it to the
King, that those who advised him to this, may have no
colour against us. The first Question stands thus, "Whether a Speaker chosen stands good to the service of the
House, before he has the King's approbation?" The
second Question is, "If the King can reject a Speaker,
chosen by the House, and qualified?" If that be so,
there is an end of your business. 1st King James, after
Sir Robert Philips was chosen Speaker by the Commons, he sent out Warrants for Writs, as Speaker,
without the King's Approbation of him; and I can tell
many more Precedents—But perhaps we may have Papers pinned upon our backs, as the former Parliament
had, and be sent home. I move, that we may have some
Persons nominated, of eminence about the King (though
not Privy Councellors, for they have not the sole Privilege
of carrying our Messages) humbly to acquaint the King,
"That the matter delivered by my Lord Chancellor,
in his name, is of so great importance, that we desire
some farther time to consider of it:" And then, no doubt,
but we shall acquit ourselves as we ought to do. I move
this way, because it should not be said that we come to a
hasty Resolution in so important a matter. I move that
Sir Robert Carr, the Chancellor of the Dutchy, may go
with the Message to the King; and I doubt not but we
shall make out our Rights with all duty to the King.
Sir Robert Carr.] I humbly move you, that the Privy
Counsellors may carry the Message to the King. I was
one, but I am not now. I hope you will dispense with me.
There are none of the Council here now, but I suppose
they will be here.
Mr Sacheverell.] If you stay for the Privy Councellors,
the Black Rod will come to call you up, &c. and those
Gentlemen of the Privy Council are not here, and then
what will become of you? We have sent those to attend
the King formerly who were no Privy Counsellors, and
I would have Carr for one now.
Mr Leveson Gower.] I would know, whether ever the
House made an Address to the King when they had no
Speaker? I would have Sacheverell inform the House,
whether there be any Precedent of that.
Sir William Portman.] There is no Precedent of a
Speaker presented to the King by the House, that has
been rejected: And let us make a Precedent of addressing
the King without a Speaker.
Mr Leveson Gower.] I would have any man cite a
Precedent, whether ever any Address was made to the
King without a Speaker? (He spoke it roughly, and several younger Gentlemen called aloud, "To the Bar.")
Mr Vaughan.] Something must be done; and in this case
we must create a Precedent primæ impressionis. Was there
ever any Precedent that so many met together and did
nothing? It is fit to make a Precedent, when such a body of men are met together, and do nothing. I move you
to make an Address to the King.
Sir Eliab Harvey.] Our time is but short, and pray let
us not mispend it. I will name another to go to the King
with Carr, Lord Russel.
Sir Christopher Musgrave.] I conceive your proper
Question is, "Whether an Address shall be made to the
King for some longer time, &c.?" And when that is over,
then you are to nominate persons to attend the King;
and I shall name a third.
Mr Powle.] I would have the Question be, "That an
application shall be made to the King that the Matter delivered by the Lord Chancellor yesterday is of such great
importance relating to the Speaker, that we desire some
time to consider of it."
The Message was this: "That the Matter delivered by the
Lord Chancellor yesterday is of such great importance, that this
House cannot immediately come to a Resolution therein; therefore do humbly desire that his Majesty would graciously be pleased to grant some farther time to take the matter into consideration."
Ordered, That Lord Russel, Lord Cavendish, Sir Henry
Capel, and Sir Robert Carr do attend his Majesty with this
Message.
Mr Garroway.] I propose this to you; Whether, if the
Black Rod comes, we shall not go up with this Message
ourselves?
Colonel Birch.] I hope this course is not taken about
our Speaker to make those that sent us hitherto mistrust
us. Therefore I desire, that presently three or four Gentlemen may be chosen, to draw up an humble Petition to
the King, in few words, to represent to his Majesty with
what heart we came up to serve him and those that chose
us, and in order to that we have chosen a Speaker; and
then hope that we may not be made a Precedent of a
thing that was never done before, in rejecting our
Speaker, that so we may go about the business of the
Nation.
Sir Harbottle Grimstone.] I fear that such a Petition to
the King, as is proposed, may grant too much of the
point; as that he is not Speaker whom we have chosen,
till he be approved of by the King.
Sir Thomas Lee.] The thing may be so drawn, as that
we may not yield the point in the least.
Mr Broome Whorwood.] If this be your Right, keep it;
if not, give it up. I have sat long enough here to see
that our Rights have been attempted, and what is our
Right I will never part with.
Colonel Titus.] I think you are not ripe for any such
Petition, till you have an Answer from the King, whether we shall have longer time granted to us, or not.
Mr Hampden.] Suppose the King makes you no Answer. Can you give your Country a better account and
Answer of what you have done already, than that you
were about to make an humble Representation to the
King? I know no reason why we should not go about it
presently; and that three or four may withdraw to prepare it, let the issue be what it will.
Mr Williams.] In this you give the King no occasion of
offence. This may possibly be called "A Remonstrance." But I would not vapour with a Petition, and
I would give no occasion of offence.
Sir Edward Dering.] If Mr Seymour be our Speaker,
we may lie under the Penalty of 500l. for acting before
we are qualified, by taking the Oaths, and subscribing
the Test, &c. at the Table. I would stay this matter
moved for, till you have an Answer from the King.
Lord Russel reports, That, according to command, they
have attended the King, and his Majesty is pleased to make this
Answer to the Message, viz. "I have considered your Message,
and do consent to a farther time for you to consider, till Tuesday
next: And as I would not have my Prerogative encroached upon,
so I would not encroach upon your Privilege; if a third person
cannot be found out for an Expedient in the mean time."
[Debate.]
Serjeant Streete.] When the difference was between the
Lords and Commons, in the case of Sir Samuel Barnardiston,
which you laboured under, the King found out an Expepient. That being the case, I will presume to name
a third Person for Speaker. (But he was not suffered.)
Mr Garroway.] You have had a gracious Answer from
the King. If in this time we have not lessened his Prerogative in what we have done, we may consider farther of it;
and as long as the King has given us time, I would consider of it, and you may consider of it.
Mr Williams.] I wonder that now it should be proposed
to name a third person, since the King has given you
great time for deliberation. If you name a third person,
you give up your Right. I am as ready for Mr Powle
(named by Streete) as any man; but your Answer yesterday from the Chancellor was about rejecting your Speaker by the King's Prerogative. And will you sit down
and give up your Right for a compliment? If so, farewell chusing a Speaker for the future! Mr Powle is a
Gentleman of great value; but let every man consider
the Right of the Commons of England.
Sir John Knight.] It is all one, if you name a second
or third person; it is equally giving up your Right
to name a third or a second. Here were two in contest, and both were equally named. I move, therefore,
that, as the King is pleased to give us till Tuesday next, to
consider, &c. to chuse some person, &c. that we may draw
a Petition to the King, to set out our Right in chusing a
Speaker.
Mr Sacheverell.] I am not for any Question at this
time; because many Gentlemen know not what was
said by the Chancellor to us yesterday. In this case, I
would send to search the Lords Books, to know
whether a refusal or dismissing our Speaker is there
entered. And as the King has given you time, so I
would make use of it to search the Lords Books for what
the King has said by the Chancellor, to shape your Answer accordingly.
Mr Williams.] The very words were, "That the choice
of the Commons of their Speaker was dismissed."
Mr Hampden.] I went to look into the Lords Journal,
and there is no Entry made yet of any thing, but in the
Minute-Book only; and what you do must be a Debate
grounded upon that.
Sir John Ernly.] Now you are putting yourselves in a
way to inform yourselves of the Chancellor's Speech, &c.
and now it is so freely declared on both sides, I think it is
well moved to adjourn till Monday.
So the House adjourned till Monday, by the Clerk, as before.
Monday, March 10.
The search of the Lords Journal was reported.
Sir Tho. Lee.] I am one of those whom you commanded
to search the Lords Journal, and, according to the Order
of the House, we went to the Lords House, where we
searched the Journal, but we found no Entry made, but
some Minutes of the Lord Chancellor's Speech in a Paper;
but the Lord Chancellor had taken the Paper to correct,
and we should have them as soon as they were done.
Mr Sacheverell.] Seeing you can no nothing with these
Minutes, I would do something without them, and not
sit still till the Lords have adjourned till Tuesday. Though
I am confident of our Right, yet at this time I would
give the least occasion of offence that might be; and
proceed by such gentle steps as may give the King no
cause of offence; nor those near the King, to possess him
that we have done so. I would look a little back, and
yet put no Question upon it. For this reason, I have
taken some pains to look back how the House has proceeded in things of this nature; and of those, the gentlest Proceedings. This is owned on all hands, that anciently the Speaker made no Excuse, nor had the House
Order from the King to chuse a Speaker. 5 Rich. II. and
2 Hen. IV. was the first Excuse that was made. But I
would take notice of one thing. Though, of late, Speakers,
it is true, have made Excuses, &c. yet it is as true, that the
King has admitted them Speakers. But they have made
none, but by leave of this House of Commons.—1 James,
out of the Journal: Before the Speaker was approved
by the King, two or three days, the House not only
made an Order to elect another Speaker instead of Sir
Francis Bacon, but in this Session 1 James, the King was
advised, "That Freedom of Speech, and the use of the
rest of the Privileges of the House of Commons, were
ex gratiâ, and not ex debito;" and the King sent them a
Letter, "That he was satisfied with it." But the Commons addressed farther, by way of Representation, how
the Usage of Parliament had been, in that matter, in an
humble Petition, "that their Privileges might be continued
by way of Decency, but not to yield their Right." But
as to the matter now before us, I would only state the
Case to the King, by way of Representation, "how
Usage of Parliament has been," and wait his gracious
Answer; and I doubt not but the King will see that he
is wrongfully informed in the matter, and will give such
an Answer as will satisfy the Kingdom—And I propose
that the Question may be for a Representation, &c.
Mr Hampden.] I with this matter was come to such an
end as might give satisfaction both to the King and the
House. I am not yet so clear as stifly to assert our
Right, nor keep up our Claim. The King gave us a gracious Answer, and it took exceedingly with me, and I
would have you acknowlege it. The Right of Election
of our Speaker no man can contradict. If the King has a
Right to chuse our Speaker, it had been most proper
when we were before the King. But there is no distinction of Privy Counsellors from others in the House, that
their presence is necessary when a Speaker is chosen, or that
they must propose him; unless they make a distinction of
themselves. You have now chosen a Gentleman for
your Speaker unanimously; one whom you thought qualified for the Employment, and who, you had reason to
think, would have been acceptable to the King. But if
Privy Counsellors must propose a Speaker, and necessarily
be present at the choice; if there be no Privy Counsellors of the House, by that consequence you must have no
Speaker. But the Chancellor said, "The King had other Employment for him." Surely that was an extemporary excuse, for a Member of Parliament ought not to be
employed elsewhere. I hope that, in this matter, you will
make such a Representation to the King, as may have a
favourable Answer, and so you may be let into the service of the King and Kingdom; and I would have some
Gentlemen withdraw and pen it.
Sir John Ernly.] You have an undoubted Right of
Election of your Speaker. It was hinted here, and confirmed by practice, "That no man was ever named here
for Speaker by the Secretaries of State, or the Privy
Counsellors, in the King's name;" for the Choice is in the
Commons, and it is undoubted that the Refusal of a
Speaker, when chosen, is of right in the King. I will
give you the Opinion of Lawyers; that Election is in
one place, and Approbation in another; as in choice of
Bishops. When a person is named, probably he is approved
of by the King; it is a thing compounded, and generally
there is such an intimation that he is acceptable both to
the King and the House. The King has declared, "That
he will not touch a hair of your Privileges;" but as
good Lawyers as any in England are of opinion, that the
King has and may disapprove of your choice. As to
that cited, I James, of Serjeant Philips, who was chosen
Speaker, some things preparatory might be done, in order
to filling the House, &c. But the Broad Seal for the
Writs was not issued out for some time after. Assert
the Privilege of your Election as much as you please,
but I would make no more matter of it than to state the
thing. But as to the Speaker's being constantly approved by the King, you have chosen a person that has always been acceptable to him, and therefore he has been
always approved: As Sir Edward Turner, and Mr Seymour twice chosen, Sir Robert Sawyer, and Sir Job Charlton were.
Sir Thomas Lee.] Ernly has moved you for a third person to be Speaker; but that cannot be, because there is
no second person appears; so that can be no Expedient.
But what has been proposed about the Representation is
most modest. Ernly says, "That in 1 James, &c. the
Broad Seal was not issued out for some time after;" but
yet the Broad Seal was issued out upon the authority of
the Speaker's Warrant precedent. The best thing you
can do is, to leave the thing as it was before you stirred
it by the Representation. I doubt not but when you
bring not the King in question, the King will let it stand
as it did. How in the world could we chuse a person
more likely to satisfy the King than Mr Seymour, who, as
Ernly says, has been twice approved? Popham had been
a soldier, and was disabled by his wounds for the service;
and there a cause was assigned for disapproving the choice.
If it be the King's Prerogative to reject, &c. as is pretended, such an Expedient, by Representation, may be
found out. If you do otherwise, you have spent so much
time very ill, if you present another Speaker, and give
all up.
Sir Thomas Clarges.] No nonclaimer, no disuser, can
take away Right of Parliament, because all the people
have an interest in it. A Borough complains, "That they
have Right of Election of Members of Parliament, but
it has been disused:" The Speaker thereupon sends his
Warrant to the Clerk of the Crown to issue out a Writ
for Election, &c. As for the opinion of the Long Robe,
&c. they may easily be mistaken in this matter, though
they be very learned in the Law, for they are not versed
in Law of Parliament; that is another thing. Lord Coke,
though a very learned Lawyer, was much mistaken in
Law of Parliament: Mr Prynne has rectified him in several mistakes. In the Journal, 1 King James, you will
find that the King did think, that the usual Petitions, at
the beginning of a Parliament, of Access to his Person,
&c. were only Acts of Grace, and that he might deny
them; but the House humbly represented to him, "That
those things were Petitions of Right, and not of Grace."
We have a gracious Prince, and I hope he will not diminish our Rights and Privileges—Petitions of Right every ordinary person claims. If a man be dispossessed of
his estate, he moves the Court by way of Petition of
Right, and the King cannot deny Writs of Error, and
Petitions of Right, when demanded. In R. II's time,
there is no mention upon Record, that the House attended the King, because the King can take notice of no proceeding of the House, till the House communicates it to
him. The Commons usually gave notice to the King
of their choice of a Speaker, that the King might know
who applied to him. I doubt not but the King is as
gracious as his Grandfather was, and will be convinced
of our Right in the matter of a Speaker.
Mr Goring.] Some worthy persons have taken pains
to search Precedents. I would know, whether any person but a Privy Counsellor usually proposes a Speaker?
and then the King, without doubt, knows before-hand
who the Speaker is. I have heard Gentlemen formerly
allege it, as an exception against Mr Seymour, that he was
a Privy Counsellor, and therefore excepted against him
for being Speaker.
Sir John Cloberry.] I am glad to see the House in so
excellent a temper to hear a Debate of as great a concernment as can come before you. First it is said,
"That the Speaker ought to be presented by some of the
Privy Council," but I take it to be the Right of every
Member to present whom he pleases. Secondly, "Whether it be our undoubted Right?" That is indubitable,
the Modification of the choice. It has been asserted by
the Master of the Rolls, and he is pleased to call the
presenting of a Speaker to the King "a compliment
only;" which doctrine, if true, then we have a consummate Speaker; as in Materia prima there is a capacity of
receiving various forms. The choice of the Speaker is
our undoubted Right, but the manner totally and integrally in our Choice. I will begin with Mr Seymour, who
sat in the Chair but a while; he made a modest Excuse,
and then said, "The House cannot make a Speaker but
by the King's Approbation, and he hoped that would be
the only thing the King would deny this House." Then,
as soon as the King's Negative came down upon Mr Seymour, it was thought an Infringement of your Privileges.
There were never any such Precedents as for us to adhere
to our first choice. In Hen. VI's time, the Speaker was
refused, at his own request (Popham.) The Law is tender of creating a difference between the King and his people, and it may be the King will not deny any Law you
advise him, only under this Modification, "That he has
Employment for Mr Seymour." The ceremony of excusing was omitted by Mr Seymour—Now you will reduce the King to such a strait, as either to give up his
Prerogative, or discontent his people. I will not say
that we have power in this matter; but that we have
Right is not yet proved. I had rather give my eyes,
hands, and head, than part with this power, if it be your
Right; but if it be a flower of the Crown, I would rather die than take it away. A blot is no blot till it be hit.
Therefore I move, that the thing may be thoroughly debated, and see our own title to it, and not carry a doughbaked Representation to the King, that we cannot maintain.
Soon after Sir John Cloberry had made an end of his Speech,
some merrily-disposed Gentlemen sent a Note from hand to hand
about the House, sealed up, with this superscription: "To the
Right Honourable Lord Cloberio, Baron Dough-baked, Earl of
Consummation and Modification, Marquess of Materia Prima.
Frank Danby."
Sir Harbottle Grimstone.] Something fell from Cloberry
that does a little concern me, of a word slipped from me,
"That the presenting the Speaker to the King was a compliment, &c." I spoke what I meant, viz. "That the
Choice of a Speaker is an Act done by the House, and there
needed nothing more to be done." When we are called
by the Authority of the King's Writ, surely it is to do
some work, and I believe there never was more work to
do than now. Nothing but an Act of Omnipotence can
carry us through it. We carry the Speaker up to the
Lords Bar, to let the King know whom we have made
choice of; and he is as much accomplished to do our
work, to collect Debates for a Question, that every man
may say Aye or No, clearly to the Question, as if he was
presented to the King, &c. It is not how things will be
construed elsewhere, but naturally here. When I had the
honour to serve here as Speaker, in the Convention, [1660]
(though the King called it a Parliament, it has not had since
so great a Reputation,) I was then weak in my health;
but thus much I remember, that when we were in Debates, before the King came hither, I was commanded
to wait upon the King with the Submission of the House,
and after I had been at the Lords Bar, &c. we had occasion to carry up Votes. If ever the Speaker had made
Excuse, and presented himself for the King's Approbation,
the transport of joy for the King's coming might have
put us upon it. Mr William Pierpoint took exceptions at
what I then said at the Lords Bar, viz. "That I had
not full order for what I said, and was too lavish of my
tongue." If a Speaker, carried up to the Lords House,
as Mr Seymour was, and though he excused not the accepting of the Employment, yet said, "He stood for
the King's Approbation," which he was not instructed
to do, he might well be reprimanded. I am willing to
comply with any Expedient in this matter; but I would
not part with our Right.
Serjeant Maynard.] Gentlemen, I will tell you what I
have observed in my time. Cloberry did well to distribute what he had to discourse of; but it is not now seasonable to make a formal determination of the thing.
When I heard the Question first, I thought it out of all
question, but it is not so clear and satisfactory to me,
though I am the King's Serjeant, and so sworn to
maintain the King's Prerogative.—Hannibal ad portas,
Catilina intra mænia. In Haman's Conspiracy against
the Jews, Ahasuerus gave them liberty to speak for
themselves, and Haman was hanged upon the same
gallows he had prepared for Mordecai. But as to the
point in question, I had a clear opinion, led by my
Lord Coke, of two hundred years practice, that in that
time there was no such thing as a public Speaker till
15 Edw. III. He said so, but I find it not. 5 R. II.
there was a presentment of a Speaker. I do but observe this, though I do not make any conclusion on
one side or other. Sometimes it is found that the
Speaker goes up to the Lords House, and exercises his
Oratory in excusing himself, and sometimes not: But
never that the Speaker desired the King's Approbation,
anciently. This Speaker, Seymour, after you have chosen
him, makes his Excuse, and you refuse it, and he goes up
to the King and makes it, and carries his Excuse to another place—This is a Breach of your Privilege. That
of Sir John Popham was a real Excuse, and there was a
necessity to constitute another Speaker, for it is impossible
that a Body of this nature can be without a Speaker. It
may be, I may change my opinion with that modesty
which becomes me. I know not what clearly to say in it.
It is hard that it should be the King's Prerogative, and
yet never exercised; and to be called "a Compliment,"
we may be complimented out of our Right, and this
Speaker in his Speech has done it. I know not that ever
any one Speaker was refused by the King, nor ever any
anciently that desired Approbation. Pardon me if I
say it, we have had such great disorders intra mænia, of
Sheriffs Double Returns, &c. that these things spend
your time; and your enemies, and Popery, will grow upon you. Therefore I move, that you will not wave your
Privilege, nor determine the thing, but take such consideration in it that you desert not your Right, nor impose
upon the King. I am afraid of that objection against Mr
Seymour, his being of the Privy Council—He is so much
your servant as to be your Speaker. May not the King
show you the reason why he approves not of your choice,
viz. "That he has designed him for an Embassy?"—As
yet he has showed you no reason. I would not so much
press upon the King, but lay aside your Right rather than
hazard him and the Kingdom.
Sir Henry Capel.] Some Rights are more in nature
than others: That cannot be denied. This Right of our
Speaker, &c. is so in its own nature. What the Speaker
desires of the King, "Access to his Person," is in the
nature of Parliament, whether it be asked, or no. Whether this be of that nature, now the Commons have chosen a Speaker, that we have Right to him, &c. I offer
not to determine. Whatever that Right is, there is a time
of declaring that Right, and I think it the prudence of
the House not to declare it now the King is coming
towards you. As to what is moved, "to appoint some
Gentlemen to draw an humble Address and Representation to the King," we come hither to serve our King
and Country, and I am not against it.
Mr Vaughan.] This is an unlucky omen, to stumble at
the threshold, and I rather wonder that from such excellent causes should proceed such pernicious effects. We
have elected a Speaker, that, one would think, the King
had elected himself; so acceptable to the King! You
seem to assert your Right in the choice of your Speaker. I
would know if the King's Answer in this manner, without any cause shown, may be repeated ad infinitum? The
17th of Richard II. was the first time a Speaker was presented to the King on Record —2 Hen. IV. was the first
time the King required you to chuse a Speaker. There
is a great difference betwixt rejection of a Speaker by
the King, and admitting his Excuse. That being the
case, where do we impose on the King? It is advised,
"That some Gentlemen may withdraw to make a Petition by way of Representation, &c;" but in that I would
assert our Right, and I doubt not, but if the King consults his own Royal Heart, it will have good effect. But
by a Gentleman's Argument, if you have no Privy Counsellors to propose, &c. you can have no Speaker chosen,
and it is not necessary a Privy Counsellor should propose, &c.
Ordered, That an humble Representation be made to his
Majesty, in the matter relating to the Speaker contained in the
Lord Chancellor's Speech.
Tuesday, March 11.
Mr Powle reports the Representation, &c. as follows:
"We your Majesty's most loyal and dutiful Subjects, the
Commons in this present Parliament assembled, do, with all
obedience, return your Majesty most hearty Thanks for the favourable reception and gracious Answer your Majesty was pleased
to return to our late Message, wherein your Majesty was pleased
not only to allow us longer time to deliberate of what was delivered to us by the Lord Chancellor, relating to the choice of a
Speaker, but likewise to express so great a care not to infringe our
Privileges: And we desire your Majesty to believe, that no Subjects ever had a more tender regard, than ourselves, of the Rights
of your Majesty, and your Royal Prerogative; which we shall always acknowlege to be vested in the Crown, for the benefit and
protection of your people. And therefore, for the clearing all
doubts that may arise in your Royal Mind, upon this occasion now
before us, we crave leave humbly to represent to your Majesty,
that it is the undoubted Right of the Commons to have the free
Election of one of their Members to be their Speaker, and to perform the service of the House, and that the Speaker, so elected,
and presented, according to custom, hath, by the constant practice of all former ages, been continued Speaker, and executed
that employment, unless such persons have been excused for some
corporal disease, which hath been alleged by themselves, or some
others in their behalf, in full Parliament. According to this usage,
Mr Edward Seymour was unanimously chosen, upon the consideration of his great abilities and sufficiency for that Place, of
which we had large experience in the last Parliament, and was
presented by us to your Majesty as a person we conceived would
every way be most acceptable to your Majesty's Royal judgment: This being the true state of the case, we do in all humility lay it before your Majesty's view, hoping that your Majesty, upon due consideration of former Precedents, will rest satisfied with our proceedings, and will not think fit to deprive us
of so necessary a Member, by employing him in any other service;
but to give us such a gracious Answer, as your Majesty and
your Royal Predecessors have always done heretofore, upon the
like occasions; that so we may, without more loss of time, proceed
to the dispatch of those important affairs, for which we were called hither, wherein we doubt not but we shall so behave ourselves, as to give an ample testimony to the whole World of our
duty and affection to your Majesty's service, and of our care of
the Peace and Prosperity of your Kingdoms."
Ordered, That Mr Noel, Mr Powle, Lord Cavendish, Lord
Russel, Sir Robert Carr, and Sir John Ernly, do wait on his Majesty with the said Representation.
Who being returned, Mr Powle reports his Majesty's Answer;
which was to this effect:
"Gentlemen,
"All this is but loss of time; and tl erefore I command you to
go back to your House, and do as I have directed you."
Debate.
Mr Sacheverell.] I never knew before that such a Representation was "loss of time." I took this Representation to
be as modest and dutiful as could be. Divers Representations have been formerly made to his Majesty, upon several
occasions, and I did expect that we should have had such
an Answer to this; and we might reasonably expect as
gracious an Answer as formerly, there being nothing but
duty in it. But the Gentlemen that gave us this Answer,
would not let the King give us a direct Answer, because
it would be under examination here. Therefore they have
taken this course. It seems, they think it "loss of time"
to inform his Majesty of the state of the case about a Speaker. But I would address the King again. In the case
of the Declaration, some time since, we did not make one
Address, but three, and had some rougher Answers from
his Majesty than this. Let us justify it to the World, that
we have done nothing, but in all duty to maintain our
Rights. And I move, that we may address the King, that
he would please to take our Representation into farther
consideration, and give us a gracious Answer.
Lord Cavendish.] I am not of opinion that this interruption proceeds from the same Counsels, &c.— The
last dissolved Parliament was uneasy to them; and in this,
here are too many men of quality and estates to diminish
the Rights of the Crown. On the one side, I do not fear
this will break this Parliament; and on the other side, I
would not gratify the designs of ill men. It is most proper for us now to consider, whether this thing will admit
an Expedient. The Speaker may be made a Lord, a
Judge, or an Ambassador; and that ends the dispute.
Whereas some men fancy that the Speaker is not made
without the King's Approbation; if so, we give up our
Right—Till the King approves, or rejects, it is his
choice of the Speaker, and not ours. I would have some
Gentleman propose whether there may not be an Expedient in this case.
Mr Bennet.] This is playing at French hot-cockles.
I would not, in this, gratify the designs of ill men, who
have thrown this bone amongst us. This is to back and
mount the colt with a snaffle, and then to bring him on
to a bitt and curb. This great Assembly is not to be
bought nor sold, but, I fear, the last was. It is an Expedient, that Mr Seymour comes not to the House; his absence is an Expedient; but still assert your Right. I would
not have him that is named by the Privy Council,
(Meres) but some other.
Sir Thomas Lee.] I never took that for an Expedient,
that was a total quitting of your Right. I think, Time is
precious; but I do not think that if this matter be not
quieted, the Parliament will be dissolved. I have seen
Answers from the King much blacker than this. This
case is of a very great nature, and if once things of this
kind come to be refined by distinctions in Debate, we may
refine away the greatest Privileges we have. One Parliament called so soon after another has not been for some
time. That called in 1640 sat but three weeks, and the
King repented half an hour after he had dissolved it, and
then another was called; and there is no danger to the
Kingdom though we are sent away. And wherein does a
new Parliament differ? They are the People still in another Parliament, and I hope no man will be alarmed
with that. I wonder not that Mr Seymour is absent; he
knows not what place to sit in, without displeasing the
King. The King answers your Representation, "that
this is losing time," and there is nothing remaining
upon your Books whom you have chosen for Speaker
(for till you are qualified by the Tests you can enter nothing;) but it is entered upon the Lords Books, "That
your choice of Mr Seymour is discharged, and you are
directed to chuse another man." And what Privilege will
you gain by an Expedient? When the practice has been
always with you of chusing, you will get no reputation
by an Expedient. I would address the King again in
this, &c. and hope for success. When Secretary Williamson was committed to the Tower, the last Parliament, the
Commons had an Answer, &c. and rougher things followed: The Act for the Militia was rejected. But if you
address again, I hope the King will answer you by the
advice of his Council.
Mr Vaughan.] Your Question is not now, whether you
shall insist upon Mr Seymour for Speaker, &c. but your
being called hither to consult de arduis regni negotiis.
When your Privileges are invaded, what way have you
to do what you came hither for? I speak now because
the Parliament is ruining—Perhaps our Prince is misinformed, and he does not look upon our Paper, nor consider it. Whatever you do afterwards, press your Paper
now; but at the beginning of a Parliament, do not give
up your Right.
Mr Williams.] This is no "loss of time," but will be
"loss of Right," if you insist not upon your Privileges.
And plainly, if the Right be with us, shall we sit still, and
let it be invaded? And you, in Parliament give away the
Right of Parliament? Acquiesce in your Right, one way
or other, and have a fair Question for it, and part not
with it so easily.
Colonel Birch.] I speak at this time under some disorder and great fear. This matter before us requires as
great and serious consideration as any thing that has happened in my time. When the last Parliament left things,
many things concerning the Gentlemen in the Tower
were undiscovered; and many were under the fear of it.
This is so plain a thing, that scarce a man but will be
descanting upon this point. Undoubtedly your Speaker is chosen, and ought not to be rejected without cause
shown why; but those are not true consequences, "That
the King may, by the same reason, refuse all Speakers and
Bills too." I desire to do that here, that, if any mischief
follows upon it, we may answer it. We have shown our
opinion of Mr Seymour, and have stuck to him as long as
we could. It seems, the King has occasion for him, and
you may chuse a third person; whoever does this, I am apt
to think, will do more. I desire none will prejudge—
Greater things than this must be debated. Whoever threw
in the bone, the King will see that we step over this to
oblige him—I hope he will let us go currently in our
business. The King's Answer to me looks as if something was resolved on, and then I doubt whether we are
able to answer to God and those that sent us hither, in
the result, if we too much insist upon our Right, &c. In
the choice of a third person, it loses not our liberty, but,
I believe gains a step.
Mr William Harbord.] I was never reduced to so great
a strait how to give my opinion, as I am now. Did I
think this was giving up your Rights, I would be the
last man that should give my consent to it. I think the
King has power to deny his approbation of a Speaker.
Suppose it should so fall out that any Parliament should
make choice of a Speaker to-day, and that Gentleman
should be so unhappy as to wound any man, and that
man be in danger of his life, and the King should say,
"I am informed of such a thing:"—Or that the Speaker
you had chosen had had a hand in this Conspiracy of the
Papists—He was taken down to Order by
Sir Harbottle Grimstone.] Really we are in great disorder, as to Arguments, on both sides. The point in Debate
is the King's Approbation and Reprobation of a Speaker
chosen—As well give it up and monstrari digitis—The
Speaker we have chosen, Mr Seymour, has declared his
abilities—And some Speakers may so spoil a Question that
you may never do any business. If the King has such a
Prerogative, that the King may say "No" to our choice,
it may serve a turn to knock another Speaker down
as well as this, and so we shall become utterly useless to
the intent we were sent hither for. In this great strait,
if an Expedient could be found out, if we could make
our Claim on Record, as well as the King's Refusal on the
Lords Book;—but that appears there, and ours does not,
and is no where for us. As this now stands, were there
not something else in the case, we would easily part
with it. It is a great advantage for the King to set up
his Throne in the hearts of his people—There will be
great difficulty in an Expedient in this matter; and that
must be with great patience and kindness to hear one another. If the King pleases to call Mr Seymour to the Lords
House, all is free and at liberty, and we may proceed to
the choice of another, and our Privileges will be safe, &c.
But since we are between two rocks, it becomes prudent
men to go where the least danger is—But I know not
what to propose.
Sir Edward Dering.] I am not so superstitious, that,
because we stumbled at the threshold, we should leave off
our journey; and I hope we shall be at our journey's end.
I hoped, that, after two or three days, and the consideration of the merits of the person, and our choice, the King
would have admitted Mr Seymour, &c. But seeing he does
not, I would proceed to another choice. There is no
Precedent directly in the case, of our power, &c. In this
doubtful case, I would consider in prudence what is to be
done. All know our dissatisfactions at home, and that
we have a powerful enemy abroad. We have a restless
faction at home of Papists. We are in a very bad and
helpless condition. Suppose the King should dissolve this
Parliament, upon 'this point, and call another, it will be
a discouragement to Gentlemen to come again; and if there
be no other consequence of our pains than to sit but a week,
Gentlemen will not be ambitioas or that trust, Consider,
whether we can answer it to the Country, if we break upon
this point. If it be said, "That if the King refuses one
Speaker, he may refuse five hundred, and has not refused any, these hundreds of years," that is a strange
inference. I think it the best Expedient to chuse a third
Person.
Mr Garroway.] I am not much frighted, nor much
invited to sit, since I find, at the beginning, what entertainment you are likely to have at the latter end of the Parliament. We are only unhappy that the King does not
consider our Representation—Let us try the King, whether he will or no, for one day. I would not yield up
our Right, and, I believe, the King will find out an Expedient, and neither infringe your Liberty nor his own Prerogative. I have known whole Sessions defeated in a day,
by a Prorogation, and if this be done, by the same Counsel it may be again. I pray that, with all duty imaginable, the King may be farther addressed in the matter; and
if he will not give us an Answer, then I would put the
Question of our Right.
Sir Thomas Clarges.] This point of Prerogative, that
has stuck these hundreds of years, will raise that other
scruple to break you. There is great difference betwixt
matters of Grace and matters of Right. This of chusing
our Speaker, &c. is so much of the Essence of Parliament, that we cannot part with it. When was any Speaker,
that was presented, ever refused? If nothing of that
be, but absolute power in the King; suppose five or six
Subsidies should be demanded, and you make application
to the King, and represent, "That the Commons are poor
and cannot raise them all," and the King should answer,
"Go your ways, consider what I have said, and raise
them"—I am afraid that, when you have chosen your
Speaker, and that is over, still you will have blocks and
interpositions in the way, and ill Counsellors will be encouraged to advise yet worse. The same Answer may
be given to our three requests of "Freedom of Speech,
&c." which are usually made by the Speaker, &c. In 1
James, the Commons made a long Representation of their
Right to those three Privileges of Parliament. If my
Borough that I serve for should ask me, "Why we did
not chuse another Speaker?" I will answer, "Because I
will not part with their Right." I advise, therefore, that
we do as was done in the former King's time, in the
Petition of Right; that we apply to the King for a better Answer to our Representation.
Serjeant Maynard.] This is not a Question to put the
ruin of a Nation upon. The last Parliament, pursuing
things with zeal and truth, yet were dissolved. I could
not have believed it. I believe that Gentlemen have in
this matter spoken their hearts, and I believe I shall speak
mine too. What is your evidence for this Right that you
pretend to? From R. II's and Hen. IV's time, there has been
no denial of the Speaker that you have chosen, &c. Because it has not been denied, cannot it be denied? Why
do you let the Speaker excuse himself at the Lords Bar,
and not accept his Excuse here? If a man can show
the fruits of his ancient possession, though his evidence
be lost, yet that goes a great way. It is said, "By
this we shall lose our Privilege, and Speakers may be
rejected without end." It cannot be presumed that
our Speakers will be rejected till one be got for the
turn; that will be too gross. We come here for the good
of the King's Crown, and the Government, and Posterity,
as well as for our own present good. If we demand just
Laws of the King, he grants or rejects them, and it is
matter of Grace, and not of Right; and that is a greater
Prerogative than rejecting or accepting a Speaker. That
which astonishes me is, we have dangers at home and
abroad—This matter of Right is not clear to me. But
it is clear that we shall be ruined by a breach with the
King.
Mr Sollicitor Finch.] I think it a good Expedient to
chuse a third person for Speaker, and I think it not fit to
represent to the King what he has twice denied us. The
King's negative power is as much as chusing a Speaker
—Not all one.—
Mr Vaughan.] What higher Testimony can a Subject
have for all he has than Records?—I would not show the
way here to cancell Records. When we consider that
thirty Laws were broken by the Declaration for Liberty
of Conscience, and Money given for a Fleet, and we had
no Fleet, Money for an Army, and no War, what cannot we suppose? What remedy can we have, when the
King will not so much as look upon our Petition, that
has all our Rights?—The same Counsel put him upon
this. This is but beginning to ride a Parliament. Languishing persons take physic, not out of hopes to be cured, but to prolong their life some time. I fear that may be
our case.
Colonel Titus.] There are not worse Counsels than
have been given by those about the King, and I expect
no better from them. Nobody will deny that the choice
of a Speaker is in the House. Lord Coke grants that the
choice of a Speaker is a Congé d'elire—But the Bishop is
chosen, in effect, and named by the King; but the
Speaker is not. Let Gentlemen shew me any Law or
usage to the contrary. If there be none, we have reason
to think the King has no Right, &c. and something is at
the bottom that we know not of. A Speaker has been
chosen, and laid aside; but never but incase of disability; as in Sir John Popham's case. Cheney was chosen
here, and was excused, and Sir John Dorwood was chosen
in his place, and till he came up to the Lords to be presented, &c. the King did not know of any body that was
chosen. We all know that anciently the first demand
from the Commons was, "That the King would be
pleased to confirm Magna Charta and Charta de Foresta."
I would know whether the King had a Right to annull those
Laws; and that the people were not punished for breaking them? I suppose this to be our Right (for all are not
of equal moment) and all are bound to assert it, yet not
to venture their necks upon it. This matter is not of
that last importance as to venture the Kingdom upon it.
If the King denies one or two Speakers, he may deny ten,
till he have one to serve a turn: It is possible, but not
probable. The words of the Writ that calls us hither
are, "to consult de quibusdam arduis Regni negotiis"—and
all that is to give Money: An empty Exchequer, and a full
House! Will the King lose his Money, do you think,
by putting by forty Speakers? I would not have that
Argument pass, that if we chuse not another Speaker, we
shall be dissolved. When once a Parliament is so fond of
their places, and so fearful of a Dissolution, that Parliament did never do any good. Gentlemen did not expect
such an Answer from the King; but when I consider who
was the Counsellor of it, I wonder not at all at it. I
move you to adjourn till to-morrow morning eight of
the clock.
The Debate was accordingly adjourned by the Clerk.
Wednesday, March 12.
[The adjourned Debate resumed.]
Sir John Cloberry.] Moves, that the Question may be
put for the chusing another Speaker.
Mr Trenchard.] The King has no right to reject our
Speaker, but ancient usage has been to the contrary.
Consider the nature of the thing; if the case be doubtful,
we ought to insist upon it. It is a great inconvenience
to the House to have no Speaker; and more for the
King; and where it is so, it ought to turn the scales. We
are told of "dangers abroad and at home." But that is
more to give Warrant for us to give our Rights away.
Those persons who formerly have made misunderstandings betwixt the King and Parliament, I see, will continue
it: As yet you cannot honourably admit of an Expedient.
At present, you have humbly addressed the King, by way
of Representation of your Case; and the King has given
you such an Answer as was never yet given to any House
of Commons. You expose the honour of the House
to censure, if you give up your Right upon such a slight
Answer. I would therefore address the King for a farther
Answer
Sir Hugh Cholmondeley.] As far as I can guess, this
Question is better to be left undetermined than determined. If the King can refuse a Speaker, he may refuse several. If the King has not liberty, &c. he cannot displace, upon excuse of infirmity. We had better begin
anew, and leave it as it was. It was moved, "That the
King might cause nothing of this matter to be entered
upon the Lords Journal." I propose that way as most
expedient.
Sir John Knight.] You have adjourned that very Debate to this day, and your Right of chusing the Speaker
is your proper Debate, and you can go upon nothing
else.
Sir Harbottle Grimstone.] It has been our work four
or five days to find out an Expedient in this matter, and
we cannot. The King has been so advised, that we chuse
any Member but one; which is as much as to say, "Chuse
whom you will but twenty." Except one, and except
twenty. It was a saying of King James, "That when
he called a Parliament, he let down his Prerogative to his
people; but when he dissolved a Parliament, he took it up
again; not for his pleasure, but for his power." If one
Address will not do, I am for a second and a third to the
King.
Sir John Hewley.] I would serve my King and my
Country, but cannot be in a capacity to give up this,
now we have debated the matter, and give up the cause
for ever. Shall not we have our tongue to speak our
own words? As for that Precedent in Lord Coke, &c.
Judges do not concern themselves in Parliament, and
that is the reason they look not into those cases. But I
believe, if Lord Coke had been here at this Debate, he
would have changed his opinion. For continuance of
this Privilege for two hundred years is great authority.
But it is said, "Ab initio non fuit sic"—It is a voluntary
Act, and no positive Law; a thing done only out of respect to the King. It is said, "That a Speaker has been
rejected by the King, and that is an evidence of the
King's Power"—But that is materially on our side; exceptio probat regulam in non exceptis. Sir John Popham, who
was rejected, was sick. This person, Mr Seymour, not disabling himself by any excuse, and being a person so near
the King as a Counsellor, it is no breach of respect
to the King to make another Address, &c. I look upon
it as an undoubted Privilege of the people, and it may
prove fatal to give it up, when for two hundred years
never any Speaker was presented to the King, but Popham, and he for the cause of his disability, &c. When
Serjeant Philips was chosen Speaker, and placed in the
Chair, he issued out his Warrant for Writs, and the Great
Seal obeyed them, before he was confirmed by the King.
The King says, or generally by the Lord Chancellor,
"Go, and chuse your Speaker;" not "Go to your House,
and chuse whom I nominate," but "Chuse your Speaker:"
Shall this be taken away by a side-wind? A facto ad jus
non valet consequentia. The Speaker is our servant, and
is he to obey his master, or no? Though the Speaker be
the greatest Commoner of England, yet he is not the
greatest Community of England. To have a servant imposed upon a man, though by the King himself, will not
be suffered by any private master, or merchant; and shall
the Commons of England endure it? The reason of it will
give you light. The case of Mitton, in Lord Coke's fourth
Reports: The King created a Sheriff of a County; the Sheriff, by virtue of his Office, makes his Under-Sheriff; but
the King created an Under-Sheriff. The Judges agreed that
the King could not do it, because the High Sheriff was to
answer for his Deputies, if the King cannot. Shall the King
put a tongue into our mouths, to speak for us? I would
make a Re-Address to the King, as has been moved.
Sir John Reresby.] If you put the King upon a Dissolution of the Parliament upon this point, though some
Gentlemen say, "they do not fear it, because of the
King's necessity for Money;" the King's necessity is
his people's necessity; and if we have so little consideration of the King's necessity, the King may have as little
of ours; therefore I move that you will nominate a second
or third person, &c.
Sir Thomas Exton.] I shall not enter into the Debate of
the King's Prerogative in this matter. That has been
sufficiently spoken to, and I can add nothing. I am
not of opinion, that to wave it now is to give it up for
ever. The City is on fire, and one comes and blows up
my House, which is my Right, but upon that extremity
I wave it. No man will say that this is our Right; and
as the King has given up his Right by our free choice of
a Speaker, as he has directed you, it is no yielding the
point.
Mr Garroway.] It is the constant method of Parliament, that, upon an adjourned Debate, the Question
ought to be read.
It was read accordingly.
Sir Edward Dering.] It seems to me, all circumstances
considered, the constant practice to the contrary—The
Mace comes down from the Lords House before the
Speaker, and does not go up before him. It came not
down now before him; and I believe Mr Seymour did not
think himself well settled in the Chair without the King's
allowance; and what difficulty would the Gentleman be
in, were he here? Many of those Privileges we now enjoy are of later date than this we now pretend to. That
the King can refuse a Speaker, upon reason given, we see
has been, and the King has now given a reason, why he
approves not of your choice; "Because he has employment for Mr Seymour in another place." In some books,
we find we have asked the Lords consent. Onslow, when
Speaker here, was called by Writ to the Lords House to
assist there, and he was sent down hither again upon request of the Commons. I move that a third man may
be chosen.
Mr Bennet.] It is your Right to chuse your Speaker,
and to turn him out too. When you re-address the King,
I would consider who put this bone amongst us; and put
that into the Address. I am not afraid of dissolving. He
that did this will keep it inch by inch, and upon Hue and
Cry; this man (Danby) is as remarkable in the North,
as somebody (Clifford,) was in the West.
Mr Williams.] Your Debates ought to be applied to
your Question. To debate, that it is the Right of the
House to chuse, and the King to refuse a Speaker, I am
sorry to hear that now, when your Representation to the
King has plainly asserted the thing. When that appears to
be your general Opinion, I take it to be a very strange
thing now to debate the contrary. But since you are
gone out of the way, pray come in again and assert your
Right. Prerogative does and must consist, and the essence of it, as much in Custom as any of our Privileges.
Now the business of the five days is to make a Precedent
in your House against yourselves as it were. Dr Exton, who
is in another orb of the Law, would let your Right sleep
now, to resume (fn. 1) it another time. Now Popery and foreign fears are upon us! I have ever observed, that Prerogative once gained was never got back again, and our
Privileges lost are never restored. What will become of
you when a Popish Successor comes, when in King Charles
II's time, the best of Princes, you gave up this Privilege?
When you have the oppression of a Tyrant upon you,
and all ill Counsels upon you, what will become of you?
Now you have none to struggle with, but ill Counsellors
and a good Prince. I will lay this as heavy upon Counsellors as any man can lay it upon man. I am as willing
to heal as any man, but can you lay this aside with ho
nour, having represented it already? He that made this
Question cannot want another to play with, and then you
will be sent home maimed in your Privileges, wounded
in your body. This is gagging the Commons of England, and like an Italian revenge, damning the soul first,
and then killing the body. The Representation you have
delivered, is very moderately penned; and will you receive
this manner of answering? When you have presented an
humble Petition, what sort of Answer do you receive?
Do you not, by laying this aside, set up a worse Precedent than you have had an Answer? I have that in my
mind which I cannot so well express, but Gentlemen may
easily imagine. By good Counsel, the King may heal
all this, but it will never be in the power of the House
of Commons to retrieve it, if you give up your Right.
The second humble Representation to his Majesty:
"Most Gracious Sovereign,
"Whereas by the gracious Answer your Majesty was pleased
to give to our first Message in Council, whereby your Majesty
was pleased to declare a resolution not to infringe our just Rights
and Privileges, we, your Majesty's most dutiful and loyal Commons, were encouraged to make an humble Representation to
your Majesty upon the choice of our Speaker, which on Tuesday
last was presented to your Majesty by some of our Members, we
do, with great trouble and infinite sorrow, find by the Report that
was made to us, by those Members at their return, that your Majesty was pleased to give an immediate Answer to the same, without
taking any farther consideration thereof; which, we are persuaded, if your Majesty had done, what we then offered to your Majesty would have so far prevailed upon your Royal Judgment, as
to have given your Majesty satisfaction, as to the reasonableness
thereof, and preserved us in your Majesty's favourable opinion of
our Proceedings: And since we do humbly conceive, that the
occasion of this Question hath arisen from your Majesty's not being truly informed of the state of the case, we humbly beseech
your Majesty to take the said Representation into your farther
consideration, and to give us such a gracious Answer, that we
may be put into a capacity to manifest our readiness to enter into
those consultations which necessarily tend to the preservation and
welfare of your Majesty and your Kingdoms."
Ordered, That this be presented to his Majesty by the same
Members that presented the other Representation.
Mr Powle reported, That they had presented and read it to his
Majesty, and that his Majesty received the same, and said, "I
will return you an Answer to-morrow."
Thursday, March 13.
The Commons being met, in expectation of his Majesty's Answer, about eleven of the clock the King sent the Black Rod for
them to attend him in the House of Lords, which they did; where
The Lord Chancellor said, "That it was his Majesty's pleasure that this Parliament be prorogued to Saturday the 15th of
March instant. And accordingly it is prorogued to that time."
END of VOL. VI.