as they found any thing like to succeed in that, they slackened or advanced that discourse of evil counsellors.

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One day they were very warm upon the argument, and had a purpose to have named him directly, which they had hitherto forborne to do, when Mr. Hyde stood up, and said, "He did really "believe that there yet remained some evil counsellors, who did much harm, about the king; " and that it would be much better to name them, "than to amuse the house so often with the general "mention of them, as if we were afraid to name "them :" he proposed, "that there might be a day appointed, on which, upon due reflections upon those who had been most notorious in doing mischief to the public, we might most probably find, who they were who trod still in "the same paths, and might name them accordingly; and that for his part, if a day were ap"pointed for that discovery, he would be ready to name one, who, by all the marks we could judge by, and by his former course of life, might very reasonably be believed to be an evil counsellor." They were exceedingly apprehensive (as they had cause) that he meant the marquis of Hamilton, (who, for the reasons aforesaid, was very dear to them, (and thenceforward, though they desisted not from prosecuting the duke, till at last they had compelled him to quit the cinque-ports to the earl of Warwick, they no more urged the discovery of evil counsellors. And all the familiar friends of Mr. Hyde were importuned to move him, "not to "endeavour to do any prejudice to the marquis of "Hamilton;" and even the king himself was prevailed with to send to him to that purpose: so industrious was that people to preserve those whom for private ends they desired to preserve, as well as to destroy those who they desired should be destroyed.

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When every body expected that nothing should be mentioned in the house but the despatch of the treaty of the pacification, by the commissioners on both sides; which was the only obstruction to the discharge of the armies, and which could be done in two days, if they pursued it; they called in a morning "for the bill" (that had so long before been brought in by sir Edward Deering) for the extirpation of episcopacy," and gave it a second reading; and resolved, "that it should be com"mitted to a committee of the [whole] house, and "that it should be proceeded upon the next morning.' It was a very long debate the next morning, after the speaker had left the chair, who should be in the chair for the committee; they who wished well to the bill having resolved" to put Mr. Hyde "into the chair, that he might not give them trou"ble by frequent speaking, and so too much ob"struct the expediting the bill;" they who were against the bill pressed and called loud for Mr. Crew to be in the chair: but in conclusion, Mr. Hyde was commanded to the chair; they who were enemies to the bill being divided in opinion, many believing, that he would obstruct the bill more in that place, than if he remained at liberty; and they found it to be true.

The first day the committee sat full seven hours, and determined, "that every day, as soon as the "house was resumed, the chairman should report "the several votes of that day to the house, which "should determine them before it rose;" which was without any precedent, and very prejudicial to

the grave transaction of the business: for, besides that it was a preengaging the house in its judgment, when the bill engrossed should be put to the question; it was so late every day before the house was resumed, (the speaker commonly leaving the chair about nine of the clock, and never resuming it till four in the afternoon,) that it was very thin; they only, who prosecuted the bill with impatience, remaining in the house, and the others, who abhorred it, growing weary of so tiresome an attendance, left the house at dinner-time, and afterwards followed their pleasures: so that the lord Falkland was wont to say, that they who hated bishops, "hated them worse than the devil; and that they "who loved them, did not love them so well as "their dinner."

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However, the chairman perplexed them very much; for, besides that at the end of his report every day to the house, before the house put the question for the concurrence in the votes, he always enlarged himself against every one of them, and so spent them much time; when they were in the heat and passion of the debate, he often ensnared them in a question: so that when he reported to the house the work of the day, he did frequently report two or three votes directly contrary to each other, which, in the heat of their debate, they had unawares run into. And after near twenty days spent in that manner, they found themselves very little advanced towards a conclusion, and that they must review all that they had done; and the king being resolved to begin his journey for Scotland, they were forced to discontinue their beloved bill, and let it rest; sir Arthur Haslerig declaring in the house," that he would never hereafter put an enemy into the chair:" nor had they ever after the courage to resume the consideration of the bill, till after the war was entered into.

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The time being come, within two or three days, (according to his former declaration,) for the king's journey into Scotland, the house of commons thought it time to lay aside their disputes upon the church, which every day grew more involved, and to intend the perfecting the act of pacification, and the order for disbanding; both which were thought necessary to be despatched, before his majesty should begin his progress; and might have been long since done. On a sudden, the house of commons grew into a perplexed debate, concerning the king's journey into Scotland (which had been long before known, and solemnly promised by his majesty to the commissioners of Scotland; where preparation was made for his reception, and the parliament summoned there accordingly); expressed many dark and doubtful apprehensions of his safety, not without some glances, " that if his ma

jesty were once with his army, he might possibly "enter upon new counsels, before he consented to "disband [it];" and in the end concluded, "to "desire the lords to join with them in a request to "the king, to defer his journey into Scotland, till "the act of pacification was passed, the armies dis

banded, and till such other acts were prepared, "as should be thought necessary for the good of "the kingdom; " without mentioning any time, against which those things should be ready: which, though it was an unreasonable request, yet most men having no mind he should go into Scotland, it was consented to by both houses; and thereupon an address was made to his majesty to that purpose: who returned his answer, "that he was sorry, the

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"houses, having had so long notice of his inten❝tion for that journey, (which could not but appear very necessary to them,) had neglected to prepare all such things, as were necessary to be despatched by him before he went; that, though "his presence in Scotland was depended upon by "such a day, and the disappointment might beget some prejudice to him, yet, he was content to satisfy their desires so far, as to defer his journey "for fourteen days; within which time they might "make all things ready that were of importance, " and beyond which time it would not be possible "for him to make any stay."

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This time being gotten, they proceeded but slowly in the direction for disbanding, (though the earl of Holland was gone down to the army,) or in the act of the pacification; but continued their mention" of fears and jealousies of the peace of "the kingdom; of an invasion from foreign parts; "and an insurrection of the papists in England: "for all which, they said, there was not yet suffi"cient provision, by the laws and constitution of "the kingdom." And therefore one day, sir Arthur Haslerig (who, as was said before, was used by that party, like the dove out of the ark, to try what footing there was) preferred a bill "for the settling the "militia of the kingdom, both by sea and land, in "such persons as they should nominate;" with all those powers and jurisdictions, which have been since granted to the earl of Essex, or sir Thomas Fairfax, by land, or to the earl of Warwick, by sea. There were in the bill no names, but blanks to receive them, when the matter should be passed; though men were assured, that the earl of Essex was their confident by land, and the earl of Northumberland by sea: and yet the inclination to the earl of Warwick would have begot some disturbance, if the matter had come then to be pressed.

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When the title of this bill was read, it gave so general an offence to the house, that it seemed inclined to throw it out, without suffering it to be read; not without some reproach to the person that brought it in, as a matter of sedition;" till Mr. Saint-John, the king's solicitor, rose up, and spake to it, and (having, in truth, himself drawn the bill) said, "he thought that passion and dis"like very unseasonable, before the bill was read; "that it was the highest privilege of every mem"ber, that he might propose any law, or make any motion, which, in his conscience, he thought advantageous for the kingdom, or the place for "which he served. For the matter, which by the "title that bill seemed to comprehend, he was of opinion, that something was necessary to be done "in it; for he was sure, that such power, as might "be necessary for the security of the kingdom, over the militia, was not yet by law vested in any person; or in the crown itself: that they "had lately by their votes blasted and condemned "the power of lords lieutenants, and their depu"ties, which had been long exercised, and sub"mitted to by the people; that, since that was determined, it was necessary to substitute such " in their room, as might be able to suppress any "insurrection, or resist an invasion: and there"fore, that it was fit to hear the bill read; and if any fitting expedient were proposed in it to that purpose, to embrace it; otherwise, to think of a "better. For the nomination of persons, it would "not be seasonable to speak of it, till the power and jurisdiction were first settled and constituted:

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Upon this discourse, by a person of the king's sworn council, the bill was read; but with so universal a dislike, that it was never called upon the second time, but slept, till long after the matter of it was digested in ordinances.

The peremptory day again drawing very near, for the king's journey into Scotland, and very little done towards the public, since the time they had prevailed with his majesty to suspend it, on a Saturday in the afternoon (the progress being to begin on Monday) they fell into unusual passion again against the king's going into Scotland: the which they thought of so great importance to be hindered, that they resolved (and prevailed with the lords to do the like) to sit the next day, being Sunday; which had never before been known, since the first institution of parliaments; and which they thought fit to excuse by a short declaration, that the people might not be thereby encouraged to profane the sabbath.

When they found the king constant to his former resolution, and that all they could allege could prevail no farther with him than, whereas he intended to go Monday after dinner, to stay till Tuesday morning, they very earnestly proposed, "that he would leave a commission with some persons, to pass such acts as should be prepared "and pass both houses in his absence; and to "make a custos regni, to supply the place of government till his return: with many other extravagancies, which themselves understood not. But when they found that no such commission could be legally granted, to consent to any acts that were not consented to by both houses at the date of the commission; and that both the person and the power of a custos regni would be duly weighed, and would take up much consideration, if the king were willing to satisfy them; they were contented with a commission to the earl of Essex, of lieutenant-general of that side Trent: which his majesty having granted; and confirmed the act of pacification between the two kingdoms, (which in great haste was transacted in both houses, as if it had been only matter of form,) he took his journey from London towards Scotland toward the middle of August, leaving both houses sitting at Westminster.

The unexpected passion and importunity to hinder his majesty's journey into Scotland was not well understood; and the less, for that the governing party was divided upon it: some of them, with trouble equal to what they had at any time expressed, insisting upon his not going; others alleging, "that his majesty was so far engaged in it, "that he could not in honour recede from it:" whilst the Scottish commissioners, who were often appealed and referred to in the debate, answered so mysteriously, as argued rather a conveniency, and expectation of the journey itself, than any necessity in point of time. Neither was the ground of his majesty's so positive and unalterable resolution of going thither, sufficiently clear to standers by; who thought he might have transacted the business of that kingdom (where he could not reasonably expect any great reverence to his person) better at a distance; and that his presence might be more necessary in this.

would be returned from Scotland; having, from the time that they were first convened, which was about nine months, (longer time than ever parliament had before continued together in one session,) besides all their extraordinary acts of blood and power, procured the king's assent to these following important laws; by which, the kingdom might have received ample benefit and advantage.

"A bill for the triennial parliament:" which took up a long debate; there being many clauses, in case the crown [should] omit the sending out of writs, derogatory to majesty, and letting the reins too loose to the people: yet, since it was evident, that unspeakable inconveniences had befallen the kingdom by the long intermission of those conventions; and that that intermission could not have happened, if there had not been some neglect of what had been settled by former laws; and therefore there was some reason for those clauses, by which the crown could in no case suffer, but by its own default. It found an easy passage through both houses; and by his majesty (who was satisfied that such a frequency of meeting with his people, as once in three years, might be more convenient than prejudicial to his service; and believed, that, by his consenting to this act, the proceedings in this parliament would be more moderate) it had an equal reception, and was enacted by him the next day after it passed both houses.

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"An act for the taking away the high commission court:" which comprehended much more than was generally intended. That jurisdiction was erected by a statute in the first year of queen Elizabeth, instead of a larger power which had been exercised under the pope's authority, then abolished; and, whilst it was exercised with moderation, was an excellent means to vindicate and preserve the dignity and peace of the church: though, from the beginning, it was not unmurmured against by the non-conformable party of the kingdom.

But of late, it cannot be denied, that, by the great power of some bishops at court, it had much overflowed the banks which should have contained it; not only in meddling with things that in truth were not properly within their connusance; but extending their sentences and judgments, in matters triable before them, beyond that degree that was justifiable; and grew to have so great a contempt of the common law, and the professors of it, (which was a fatal unskilfulness in the bishops, who could never have suffered whilst the common law had been preserved,) that prohibitions from the supreme courts of law, which have, and must have, the superintendency over all inferior courts, were not only neglected, but the judges reprehended for granting them, (which without perjury they could not deny,) and the lawyers discountenanced for moving them, (which they were obliged in duty to do;) so that thereby the clergy made a whole nation, that is, almost a whole profession, if not their enemy, yet very undevoted to them.

Then, it was grown from an ecclesiastical court, for the reformation of manners, to a court of revenue, and imposed great fines upon those who were culpable before them; sometimes above the degree of the offence, had the jurisdiction of fining been unquestionable: which it was not. Which

course of fining was much more frequent, and the fines heavier, after the king had granted all that revenue (whatsoever it should prove to be) to be employed for the reparation of St. Paul's church; which, though it were a glorious work, and worthy the piety of those who advanced it, and the greatness of his mind who principally intended it, made the grievance less popular.

By these means (besides the conflux and reputation of that part of the clergy which had formerly been obnoxious, and suppressed by the bishops: which I do not mention as any piece of their exorbitancy; for I do not know that ever any innocent clergyman suffered by any ecclesiastical censure; though, it may be, the guilty were more severely proceeded against, and with less politic circumstances, than the nature of that time required) that court had very few friends; and having many enemies, the proposition for abolishing it was easily hearkened to; of which the violent party easily taking notice, they who prepared the bill inserted clauses, that not only took away the high commission court, which was intended, but, upon the matter, the whole ecclesiastical jurisdiction; and, under pretence of reforming the great abuses by the oath ex officio, and excommunication, destroyed and cancelled all coercive power whatsoever in those courts, which was never intended: yet, in that hurry, it made a progress through both houses, and attended the royal assent. But, when his majesty understood the extent thereof, and how far the body of the bill exceeded the title; and that, instead of reformation, it was opening a door to the most scandalous offences, and leaving adultery and incest as unpunishable, as any other acts of good fellowship; he made a pause in the consenting to it, till both houses might review whether their remedy were proportionable to the disease.

Immediately the fire was kindled against the bishops, as the only obstacles to any reformation; with some passionate insinuations, "that, since they opposed a due regulation of their power, "there would be no way but to cut them off root "and branch." And thereupon some bishops themselves were again made instruments; and others, who pretended to take care of the church, persuaded the king, "for the bishops' sake, to

confirm that bill:" whilst the designers were much pleased to find that logic prevail; little doubting, that when they had taken away their jurisdiction in the church, by that bill, and their dignity in the state, by removing them out of the house of peers, they should find it no hard matter to abolish their names and titles out of the kingdom; and to enjoy their goodly lands and revenues, which could only make the reformation perfect and complete. And in this manner that law was enacted.

"A bill for taking away the star-chamber court." The progress of which bill was this. The exorbitances of this court had been such (as hath been before touched) that there were very few persons of quality who had not suffered, or been perplexed, by the weight or fear of those censures and judgments. For, having extended their jurisdiction from riots, perjury, and the most notorious misdemeanours, to an asserting all proclamations, and orders of state; to the vindicating illegal commissions, and grants of monopolies, (all which were the chief groundworks of their late proceedings,)

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no man could hope to be longer free from the inquisition of that court, than he resolved to submit to those, and the like extraordinary courses. therefore there was an entire inclination to limit and regulate the proceedings of that court: to which purpose, a bill was brought in, and twice read, and, according to custom, committed. It being returned after by the committee, and the amendments read; it was suddenly suggested, (by a person not at all inclined to confusion, or to the violent party that intended that confusion,) "that "the remedies provided by that bill were not proportionable to the diseases; that the usurpa❝tions of that court were not less in the forms of "their proceeding, than in the matter upon which they proceeded; insomuch that the course of the "court (which is the rule of their judging) was so "much corrupted, that the grievance was as much, in those cases of which they had a proper connusance, as by their excess in holding pleas of "that, in which, in truth, they had no jurisdiction: "and therefore he conceived, the proper and most "natural cure for that mischief would be, utterly "to abolish that court, which [it] was very diffi"cult, if not impossible, to regulate; and, in place thereof, to erect and establish such a jurisdiction "as might be thought necessary.' Hereupon, the same bill was re-committed, with direction, so far to alter the frame of it, as might serve utterly to take away and abolish that court:" which was accordingly done; and again brought to the house, and engrossed, and sent up to the lords. So that important bill was never read but once in the house of commons, and was never committed; which, I believe, was never before heard of in parliament.

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It could not meet with any opposition in the house of peers: all who had been judges there having their several judgments hanging like meteors over their heads; and the rest, being either grieved or frighted by it: and so, being brought to his majesty, received his royal assent.

Thus fell that high court, a great branch of the prerogative; having been rather extended and confirmed, than founded, by the statute of the tenth year of king Henry the Seventh: for, no doubt, it had both a being and a jurisdiction before that time, though vulgarly it received date from thence; and, whilst it was gravely and moderately governed, was an excellent expedient to preserve the dignity of the king, the honour of his council, and the peace and security of the kingdom. But the taking it away was an act very popular; which, it may be, was not then more politic, than the reviving it may be thought hereafter, when the present distempers shall be expired.

"An act for the certainty of the meets, bounds, " and limits of all the forests in England:" which was a great benefit and ease to the people; who had been so immoderately vexed by the justice in eyre's seat, (exercised with great rigour by the earl of Holland, and revived by Mr. Noy, when he was attorney general,) that few men could assure themselves their estates and houses might not be brought within the [jurisdiction of] some forest; the which if they were, it cost them great fines: and therefore, to ease them of their future fears, the king departed with his own unquestionable right (which would, a year before, have been purchased at the price of two hundred thousand pounds) without any murmur for severity.

"An act, that no clerk of the market of his majesty's house should execute his office in any part of the kingdom, but only within the verge "of the court: and the execution of that office granted to mayors and bailiffs of towns corporate; "and to the lords of liberties and franchises, and "to their deputies." By which, the people through England were freed from many petty vexations and extortions, which the deputies and agents for that office (who commonly farmed the perquisites of that office, within several limits) exercised over them. And let no man say, that this was but an act of justice, for the redress of visible misdemeanours which his own officers were guilty of; and that his majesty parted with nothing of profit to himself, by that act: for the misdemeanours of any office may be prevented, and punished, and redressed, without the taking away, or suppressing, the office itself; which is an instance of power, and prerogative. And the other was used as an argument heretofore (which few have since approved) for the passing away most of the old rents of the crown, "that they yielded little profit to the crown,

being always swallowed by the many officers in"cumbent to that service;" without considering, that even those many officers are of the essential honour and greatness of princes. But, as that computation was very erroneous in point of thrift, so it is much more scandalous in point of power; and he, that thinks the king gives away nothing that is worth the keeping, when he suffers an office, which keeps and maintains many officers, to be abolished and taken away, does not consider, that so much of his train is abated, and that he is less spoken of, and consequently less esteemed, in those places where that power formerly extended; nor observes, how much private men value themselves upon those lesser franchises and royalties, which especially keep up the power, distinction, and degrees of men.

"An act for the prevention of vexatious pro"ceedings touching the order of knighthood:" by which, to expiate the trespasses which had been lately committed by the rigorous circumstances of proceeding upon that claim, the king parted with, and released to his people, a right and duty, as unquestionably due to him by the law, as any service he can lay claim to; and such, as the subject received the discharge of it, as a singular benefit and advantage to him.

"An act for the free making saltpetre and gunpowder within the kingdom:" which was a part of the prerogative; and not only considerable, as it restrained that precious and dangerous commodity from vulgar hands; but, as in truth it brought a considerable revenue to the crown; and more to those, whom the crown gratified and obliged by that license. The pretence for this exemption was, "the unjustifiable proceeding of those (or of inferior

persons qualified by them) who had been trusted "in that employment;" by whom, it cannot be denied, many men suffered but the true reason was, that thereby they might be sure to have in readiness a good stock in that commodity, against the time their occasions should call upon them.

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"An act against divers encroachments and oppressions in the stannary courts:" the logic of which act extended itself to all inferior courts, and manner of proceedings throughout the kingdom; though the full measure of that benefit seemed to