on the house, and being admitted, signified, That the lord-mayor and citizens of London, humbly prayed, that the house would do them the honour to dine with them, on the lordmayor's day. Which invitation the house accepted of, and returned their Thanks for the same. Oct. 21. His majesty, by message, by the lord chief baron Atkins, Speaker of the house of lords (the marquis of Halifax having desired to be excused from that office), commanded the house to attend him in the house of peers, where he was pleased to prorogue the parliament to the 23d. SECOND SESSION OF THE CONVENTION PARLIAMENT. Oct. 23. Both houses assembled again, when his majesty was pleased to declare from the throne," That, having spoke so lately to them, he need not say any thing now; matters not having been altered from what was then and therefore referred to what he had said last to both houses, and desired that speedy resolutions might be taken." : Oct. 24. The house resolved, nem. con. That they would stand by, and assist his majesty in reducing Ireland, and joining with his allies abroad, in a vigorous prosecution of a War against France. And, that his majesty be humbly addressed, That he would be pleased to direct, that a State of the War for the ensuing year may be laid before the house. Proceedings against Burton, Graham, and sir Tho. Jenner.] Oct. 25. The Misdemeanors of Burton, and Graham, were again reported to the house, from the Journals of the last session (see p. 278.) At the same time was reported, likewise, the case of sir Thomas Jenner, late one of the barons of the exchequer who was charged with declaring for the king's Dispensing Power, for being a commissioner for ecclesiastical causes, for having acted as one of the visitors of Magdalen college in Oxford, and committed most notorious offences, in expelling the president and fellows, &c. and afterwards joining in a decree to make them for ever incapable of preferment, either spiritual or temporal: all which, it was said, involved the said sir Tho. Jenner in the subversion of the laws and government of the kingdom. The house being then informed, that several state prisoners were at that instant bailing in the King's-bench, by virtue of the Habeas Corpus act, ordered, That sir Thomas Jenner, Graham, and Burton, be immediately brought to the house by the governor of the Tower, to answer such matters as shall be objected against them; and the said Jenner being bailed before the warrant of the house could be served, the serjeant at arms was ordered to take him into custody; as likewise Burton and Graham, which last were brought to the bar and examined; out not giving satisfaction, a Committee was appointed to prepare a Charge against them. The Earls of Salisbury and Peterborough impeached, &c.] Oct. 26. Ordered, That the go vernor of the Tower do immediately bring before the house the earl of Castlemain, sir Edw, Hales, Ch. Hales, esq. and Obadiah Walker, to answer such matters as should be charged against them. Resolved, That an Impeachment of HighTreason be sent to the lords against the earls of Salisbury and Peterborough for departing from their Allegiance, and being reconciled to the church of Rome. And that Mr. Foley do impeach the said earls at the bar of the house of lords, in the name of the house of commons, and of all the commons of England, which was accordingly done; and the lords committed the earl of Peterborough to the Tower the same day, where the earl of Salisbury was already confined.--Sir Edw. Hales, Chas. Hales, and Obadiah Walker, being then severally brought to the bar, and put on their defence, Walker and sir Edward were ordered to the Tower, but Mr. Hales was discharged. Oct. 28. The earl of Castlemain being brought to the bar, and there examined, it was ordered that the said earl be charged in the Tower, by warrant from the house, for HighTreason and other high crimes and misdemeanours. And the said earl desiring he might have the liberty of the Tower, and of being waited upon by his servants, &c.and not to be confined close prisoner, as orders had been of late given, both with regard to him and others; a debate arose, (the earl being first withdrawn) the result of which was the appoint ment of a committee to bring in a Bill for the better regulating the Imprisonment of the subject, who were likewise empowered to examine into Abuses committed by gaolers, & c.- Resolved further, That Mr. Attorney-General be ordered to prosecute Mr. Richardson the keeper of Newgate, for his illegal usage of several of the king's subjects, during their imprisonment, An Enquiry voted into the Conduct of the War.] Nov. 1. Sir Henry Capel (Auditor of the Imprest) presented to the house two Accounts of the Monies arising from the Revenue, and the Issues by way of imprest. Lord Ranelagh, (Paymaster of the Forces) likewise presented to the house by his majesty's command, a State of the War for the ensuing year, viz. For the English forces in England. For the Dutch forces in England. For the English forces in Holland. And, for the forces in Ireland.-Sir Thomas Lec presented the State of the Navy for the ensuing year; and sir Henry Goodrick, a State of the Ordnance. All which Accounts being read, Resolved, That a committee be appointed to inspect the Expences of the War the last year, and to make their report to the house. Resolved, nem. con. That a Committee be appointed to examine by what means the Intelligence came to be given to their majesties enemies, concerning the several stations of the winter-guards of the Navy; as likewise into Miscarriages in the victualling of the navy; the transportation of the army, and whatever relates to the last year's conduct of the War. Debate on the State of the War.] Nov. 2. The house resolved into a grand Committee on the State of the War; Mr. Hampden in the Chair. | Some may seem abuses of the muster, and that is no part of your order. It is to consider the State of the War,' and it is more pertinent, to consider the numbers necessary to carry on the war the next year. If gentlemen think England in a condition to carry on the war for themselves, and the confederates, I am afraid they are mistaken. I believe, all concurrence is little enough for what is necessary to carry on the war. I think you had good service from Clarges, who proposed retrenchments of the Dutch Forces: I am sorry that Englishmen are not fit for English interest. If, for fear of an enemy within you, you must have an army, you will never be without one. I am sorry the interest of England is said to be safer in foreign hands, than English. If, by the Treaty, you are to provide for Holland 10,000 men, you are no farther obliged than till you come into the war; then that is a charge extraordinary. You that are come in at the last part of the day as assistants, now are made principals; and they will leave you out when it is their interest. Upon another debate to talk of suppressing popery, and your allies leave you—If you stick there, we must either suppress them, or they us There are 7000 Danes designed for Ireland; a great sum is gone for them. I will not repeat the scarcity of money; but how many Irish gentlemen must fight for their own, and yet we send for foreign forces, and give all we are worth for Ireland, and know not whether we shall be masters of it. I do think, that, as to the 8000 to be sent to Holland, you are not obliged to it. The Dutch army is unnecessary, and I bope you will think of it. Sir Tho. Clarges. The Forces now in pay are 70,000 horse, foot, &c. I think the nation cannot keep thein. When we were at war with the two great powers of the world, Holland and France, the establishment was much short of that. Now the king is graciously pleased to come in to us to relieve us from civil and military oppressions, I hope we shall be in that way and order as to have no extraordinary Forces. Though we are in a state of war, we need not above 25,000 men. Our conditions with Holland are upon the foot of the treaty of Ch. 2, of mutual alliance and defence. If either party be attacked, we are to deal by mediation; and if we cannot compose, we are to assist with 8000 men, and are to come into the war in three months. I think we ought not to continue the 8000 men. I know, none of the allies are obliged to beat king James out of Ireland; we are to support that. I do not think it for us to take more upon us than we necessarily are obliged to. I think, 40,000 men may be taken out of this establishment; I am sure a less number conquered Ireland in 1650. I profess, I am much in the dark, till I hear some proposition from the king of the State of the War for the next year, and till we know the obligation of Alliances. The Dutch forces are given in 14,000. They are not all in Ireland, some are in Scotland. They are upon parole to keep up 70 in a company, &c. and perhaps they are but 32 in a company, and in a year they will be filled up; so that we have a chimerical army. Let the mustermaster acquaint you farther. The Earl of Ranelagh gave an account of the Establishment, and rectified Clarges's mistakes. Mr. Garroway. I see no certainty of the number of men in England, Scotland, and Ireland. I think the Account that has been transferred to you comes from the muster-master, and the king is abused. I would go on regularly to the State of the War, what the king thinks fitting, and they to bring in where the men are; without the certain number of men, you know not how to provide. I think it fitter to apply to the Fleet, and retrench the Landmen. England knows no need of them. I believe the Money is not all spent. I think it may be embezzled. I never saw a worse Ac count. If we do not presently give Money, I would have some Vote to give credit to the war. I would have the true state of the number of men; it is no matter whose regiments they are. I would have Accounts brought here by somebody that will allow them, but I desire not to go blind-fold. Let the Money be rightly applied, and I will go with the highest, and I desire the king to give us the State of the War. Sir Edw. Seymour. I speak to method, which is carried on with great uncertainty. Sir Tho. Lee. I am of Seymour's opinion, to begin with Ireland; but, as for the Danes, I think there is a great deal of difference in the Charge betwixt them and Irish gentlemen, who will not serve for common soldiers, as the Danes. I hope we shall keep Ireland, when we have got it: let us get it first. As for the 8,000 men we are to supply Holland, at the same time those are withdrawn, they may withdraw their fleet. Sir Tho. Clarges. We are now possessed of the whole province of Ulster, where, by compu tation, are three Papists to one Protestant, and in Munster more Protestants, and I am well informed that a great body may be raised there, who will fight pro aris et focis. The best inducement to have the Danes is, that they should not go to the French. Sir Rob. Howard. By this debate, we shall find, that making too melancholy a prospect is to the advantage of our enemies, but may be, upon serious consideration, for our use. Should you, out of good husbandry, strike off 10,000 men from Ireland, I believe you will give great satisfaction to king James. Seeing you shrink in that, you may increase the French king's resolution in supplying hitn. King James's army in Ireland is supposed 20,000 horse, and 30,000 foot. The loss of 10,000 of ours there may have strange effects. Mr. Garroway, I am still of the same opi nion that this is the worst Account I ever saw in my life. When king James went away, he left 30,000 men, and we had 10,000 out of Holland. The English arms are all lost; and now effective, rank and file, you have not 20,000 of these men left. Sir Tho. Clarges. I am not of capacity to say how many men may serve for Ireland, but I would have his majesty moved to declare the numbers for next year. Major Wildman. I would remove a mistake; we talk not here for the king, but for the kingdom. I have heard a doctrine preached here, Take care we be not principals in the war against France;' but against king James we are principals in that war to defend us from popery and slavery. It has been the doctrine of this house many years, that France is in the bottom of all slavery, and that was to be brought upon us. We are in a worse condition than the confederates, and have need of all the confederates against king James and France. The French king would have made conditions with Holland, and offered money to divide Holland from us, with all offers of trade, if they would have left us in the lurch, and not assisted the prince of Orange; and they may still make peace. I believe nobody here is inclined to treat with king James. We must have war upon us, and if we are wanting to ourselves, and give the least discouragement to the confederates, they may leave us to ourselves to struggle with France and king James. It has been by the treachery of late princes that we have been brought to truckle under France, which has brought him to be able to oppose the greatest powers by sea, the English and the Dutch, I remember the time when the French durst not build a ship without giving an account of it. I move that you would supply the king with what forces are necessary for Ireland, and what may wholly suppress Ireland. Mr. Garroway. I do not agree with him for so great a supply. I do not think to lay a foundation for such a war as that the king of France should not build a ship without our knowledge. I believe, if it were not that the crown of Spain would be in dispute, you never would have had the company of the confederates, and the emperor would make peace. I do believe that we cannot support the war above a year longer. Therefore say you will grant a Supply to carry on the war, and I am for it; but that the French king has 40 or 50,000 men in Germany,' I have heard it. but I believe nobody ever saw it. That the French king should have 200,000 men, and suffer Bonn and Mentz to be taken! And possibly, if he had chopped 10,000 men into Mentz, they had done him more service than all he could do. I am free to make a provision for a good force. I care not what it costs us, but I would not be cozened. Col. Birch. It is not known to me, whether we are to have 30 or 40,000 men; that will be in due time. You may preserve Ireland and yourselves, if God Almighty does not take away your understandings; therefore I move, That 40,000 men may be for the next year's establishment in Ireland.' Sir John Guise. You have been told of the former reducing of Ireland. The Forfeitures were taken of Papists estates, and at three years value raised 320,000l. I move that you will consider some such way now. Sir John Trevor. The question is, Whether you will consider the numbers of men, or a lump of Money for Ireland? I am for men, and if you appropriate not the money, it may be applied either to the navy, or the Dutch, and not for Ireland, and neither done at last. I do not understand that what is sent to you is an Answer to your Address. If you compute for 36,000 men, I would venture to give for 50,000. I am sure it is more proper for the king. We are not a council of war, but representatives of the people, to assist him. We are but to supply, according to the numbers of men; the king cannot else carry on the war vigorously. If you make not an end of the war this year, I know not how we can supply it another. I move, That the king may send us the State of the War.' Sir Henry Capel. Several of the Council attended the king about the Admiralty and the Army, and the state of both is delivered to the house, as approved of by the king. Sir John Trevor. Capel goes a great way, but those who gave in that State of War to the king, understand war no more than himself. Sir George Treby. There is a necessity that Ireland should be reduced: I have no share of it when it is reduced, but I would have it reduced. I am not so vain as to say that France should be reduced, but I would suppress so great a neighbour. Our consideration is for carrying on the war, but most discourses seem to depart from that rather than to pursue it. But I hear spoken of, our being delivered from a Standing Army; we had a standing army, but were delivered from it by the duke of Albemarle (general Monk.) But there is an absolute necessity of an Army, unless you would he annoyed at home, when you are defending your outworks. I hope those who are not for supporting the government, will be reckoned amongst French and Irish. It is said, There are mismanagements in the Accounts;' to which no man is a greater enemy than myself. I have seen the time, when those who cheated the king were thought the best men. The Money we are to pay now is our redemptionmoney; for what we paid to beat our enemies formerly, was spent upon dissolute persons at court. I agree if we look to the well-management of the Money, it gives double; and notwithstanding it is so good, it must be taken in its proper time, and not hinder what is for immediate safety. It has been said, 'That the emperor is not obliged to reduce Ireland;' but if he opposes France, he helps to reduce Ireland. There is a meeting of the Confederates at the Hague the next month, [see the King's Speech,] and when the king knows your intentions, he | please? This may prevent a Lutheran from coming to the crown, because he comes not up to all the points of our religion. I fear, it may be like the Bill of Oaths, which the greatest lawyers of England understand not. There is a clause in the Bill, That the king shall not suspend laws, &c.' What if a murder be committed and a man wrongfully condemned, shall he be hanged for want of the king's power to pardon? I stand not up to oppose the Bill, but I would have it explained and moderated. | The Bill was then passed, nem. con. : will take his measures accordingly; and till you declare how you will assist him, it is not possible for him to take his measures. It is said, We have foreigners in the nation, and that the natives might be sufficient to preserve you; but though prorogation annuls Votes' of parliament, yet not Acts.' You have desired their assistance, and given them Money. Denmark might have had better terms from France you will not entertain him, and he casts himself into the French king's arms. We look upon them (as in great part) naturalized to our interest. We were grieved with popery; where was the back? It was France gave the back to that edge, but instead of an actual war,' that we had given money for, it proved an actual peace, and we were choused of it. France heretofore was but an inland province, and now is great at sea. It is well to provide that all malefactors be punished, that we may live well, but we must live before. What is wanting to this state of war? You would have some Estimate of the war; you have called for Accounts, for this day's work, and contented yourselves with all materials requisite, and believed you would accept this given as a State of the War; should you have more, it is but in order to giving Money. Now, having this before you, it is enough to inform your judgments as proper to guide your vote. Mr. Garroway. Two millions will not do the Charge, according to the computation of horse and foot; but if you be pleased that it be added to the Revenue, it will do all your business, and I believe you will be supplied fully. Resolved, "That, for the reducing of Ireland, and joining, this ensuing year, with their najesties allies abroad, in a vigorous prosecution of the War against France both by sea and land, a Supply be given to their majesties, not exceeding the sum of two millions, to be added to the public Revenue."-Which was agreed to by the house nem. con. Debate on the Bill of Rights.] Nov. 6. An ingrossed Bill for establishing the Rights of the Subject, was read the third time. Sir Edw. Seymour. I find in the latter Clause of the Bill a power in the king of dispensing, &c. If that be admitted, all the rest is nothing. I would advise not to part with the Money-bill till this be perfected; let it lie upon the table. Sir Edw. Hussey. There is a Clause in the Bill, that I do not understand; That no Papist shall succeed to the crown, none of the Church of Rome, and no Protestant shall be put by. If a Protestant be a reputed Papist, he shall be put by.' Charles 1. was thought a Papist: Charles 2 by many was reckoned popishly affected; and I fear, as there was Spanish gold stirring in court and parliament, in James 1's time, why may not these things happen again? I hear of no Test to the king to distinguish him from a Papist; must the muzzle be set upon the king when the council Debate on Major General Ludlow's coming to England.] Sir Joseph Tredenham. I hear that major-general Ludlow is come into England, and is in town, and that his old accomplices do comfort, aid, and abet him. By act of parliament he is attainted, and is a declared enemy to the king and kingdom. To what end do we raise taxes upon the people, but to support the government? To what can these persons pretend, but to bring us into the same anarchy as formerly? Now we are setting things in order, they are contriving to make us victims to their passions. I am for the public security, and it is to that end I stand up. I would address the king to issue out his royal proclamation, to command him out of the na tion. Sir John Guise. I offer it to your consideration, whether any body will make it appear that Ludlow is here? I think it well Marquis of Winchester. moved. The gentleman at the bar tells you, that he walks in the face of the nation. Tis necessary the gentleman should give you Information. I know nothing of the person. My family, I am sure, has suffered in king Charles 1st's time. I speak nothing of the man but for your justice. * "Ludlow had been a ringleader of the Rcpublican party in the Civil Wars, had distinguished himself in the battles of Edge-hill, Newbury, &c. and he was also one of king Charles 1st's Judges. He served afterwards under Cromwell as lieutenant-general of horse in Ireland, and had a great share in the reduction of that kingdom. At the Restoration be found means to escape to France, and from thence went to Lausanne in Switzerland, where he resided many years. He afterwards removed to Vevay, where, in spite of many attempts that were made to assassinate him, he not only survived king Charles 2, but lived to see the ruin of king James 2, by the Revolution, in which he earnestly desired to have been assistant; and left his retreat at Vevay, and came to England, in order to exert his old-age in that cause; having some expectations of being employed in Ireland, against the popish and other adherents to the (as he styles him) abdicated king.' And with this design he ventured to appear openly in London, &c." Biograph. Britann. + His grandfather John marquis of Winchester, made a garrison for king Charles 1, of Mr. Hawles. I do not see how Ludlow comes to be so considerable a man as that this house should address the king about him. Every private man may attach him. He is attaint upon record. Many have been guilty of murders; you have said so, and yet they walk abroad. and condemned; as Mrs. Lisle, for harbouring a traitor knowing him to be such, and he knew he was not*. He has raised his estate on the ruin of the laws. His estate and honour are the price of your blood. I move, That you will attaint him. Mr. Coningsby. It is all one, for a man in Mr. Coningsby. I think it the strangest a gown, or a man with a sword, to ruin your thing that ever was heard of a parliament laws. I would reduce him to that state he was sitting, to suffer one to face you that is attaint-in before he did these villainies. ed by parliament. Upon this extraordinary occasion, do an extraordinary thing, and address the king, as is moved. Col. Birch. I am in a new perriwig, and pray let the house look upon me before I am heard. For this person to come in the face of a parliament, is a horrid thing, if it be so. I am curious to know whether he be here, or no. Pray let somebody avow him to be here before you make the order. Resolved, "That an humble Address be presented to his majesty, that he will please to issue out a Proclamation for the apprehending colonel Ludlow, who stands attainted of high treason, by act of parliament, for the murder of king Charles 1: And that he will please to propose a reward to such as shall apprehend him."-Ordered, That the said Address be presented to his majesty by sir Edw. Seymour †. Resolved, nem. con. That a Bill be brought in for the forfeiture of the estate and honour of George late lord Jeffreys, † baron of Wem, "Her husband had been a regicide, and was one of Cromwell's lords, and was called lord Lisle. She was a woman of great piety and charity. The night after the duke of Monmouth's defeat, in 1685, Hicks, a violent preacher among the dissenters, and Nelthorp, came to her house. She knew Hicks, and treated him civilly, not asking from whence they came. But Hicks told what brought them thither; for they had been with the duke of Monmouth. Upon which she went out of the room immediately, and ordered her chief servant to send an information concerning them to the next justice of peace, and in the mean while to suffer them to make their escape. But, before this could be done, a party came about the house and took both of them, and her for harbouring them. Jeffreys resolved to make a sacrifice of Debate on Attaching lord chancellor Jeffreys. Col. Tipping. The late chancellor Jeffreys died in his bed, with so much guilt of murder upon him, and the house sitting. 'Twasher, and obtained of the king a promise that he that voided the Charters, and backed the Judges in the Dispensing Power, and in it passed sentence on all your laws and liberties. He had his hand in lord Russel's and col. Sidney's blood, and executed sir Tho. Armstrong, by a rule of court, expressly against the statute of Edw. 6. Innocent blood he sought for, his fine seat at Basing, which endured a two years siege, from Aug. 1643 to Oct. 1645. But at last it was taken by storm, with himself in it, with about 400 persons, and was burnt to the ground by the enemy, having found in it of money, jewels, &c. to the amount of 200,000l. This Address being presented the next day, his majesty, without any hesitation, returned this Answer: "That the Address was so reasonable, and the desire so just, that he would order a proclamation to be issued out immediately for that purpose." See the Journal. "But Ludlow, as soon as he was informed of the motion, had hastened to the sea side, whence, after waiting near a fortnight for a good wind, he returned to Vevay; where he continued till his death, which happened in the year 1693, and in the 73d of his age. His Memoirs were first published about five years after his death." Biograph. Britann, ubi supra. Sir Edward Seymour was particularly zealous against general Ludlow, on account of his having a grant of the general's forfeited estate in Wiltshire. he would not pardon her; so she was brought to her trial. No legal proof was brought that she knew that they were rebels; the names of the persons found in her house were in no proclamation; so that there was no notice given to beware of them. Jeffreys affirmed to the jury, upon his honour, that the persons had confessed that they had been with the duke of Monmouth. This was the turning a witness against her, after which he ought not to have judged in the matter; and though it was insisted on as a point of law, that, till the persons found in her house were convicted, she could not be found guilty, yet Jeffreys charged the jury in a most violent manner to bring her in guilty: all the audience was strangely affected with so unusual a behaviour in a judge; only the person most concerned, the lady herself, who was then past 70, was so little moved at it, that she fell asleep. The jury brought her in not guilty,' but the judge, in great fury, sent them out again; yet they brought her in a second time, not guilty.' Then he seemed as in transport of rage, and upon that, threatened them with an attaint of jury. So they, overcome with fear, brought her in the third time guilty.' The king would show no other favour but that he changed the sentence from burning to beheading. She died with great constancy of mind, and expressed a joy that she thus suffered for an act of piety and charity." Burnet. "Jeffreys died on the 18th of April 1689 in the Tower; having, as it is said, hastened his |