Tuesday, 20th November, 1660.
THE House being informed, that one Mr. Richard
Franklin did, in the Lobby by the House of
Commons Door, give reproachful and abusive Language
unto Mr. Bainton, a Member of this House;
Ordered, That Mr. Richard Franklin be sent for, in
Custody, by the Serjeant at Arms attending this House.
Ordered, That it be referred to the Committee of
Privileges, to examine this Business concerning Mr.
Richard Franklin; and to state the Matter of Fact; and
report it to this House.
A Bill for making Provision of Livelihood and Maintenance for the younger Children of Sir Edward Gosticke,
was this Day read the Second time; and, upon the
Question, committed unto Sir Tho. Rowse, Sir Capell
Lucken, Sir Ant. Irby, Mr. Willoughby, Sir Sal. Swayle,
Sir Henry Cesar, Mr. Pedley, Mr. Conyers, Mr. Prin,
Sir Hen. North, Mr. Lowther, Mr. Crowch, Mr. Goodrick, and all the Knights and Burgesses who serve for the
Counties of Hertford and Bedford: And they are to meet
in the Court of Wards, at Two of the Clock this Afternoon; with Power to send for Persons, Papers, Witnesses, and what else may conduce to the Business.
Ordered, That it be referred to the Committee for
Privileges, to examine the Miscarriage of a Warrant for
a Writ issued for the Election of a Burgess to serve for
the Borough of Tiverton in the County of Devon, so
that the Writ cannot be executed; by reason whereof this
House is deprived of a Member; and to state the Matter
of Fact; and report it to this House.
Ordered, That Mr. Speaker do grant his Warrant to
the Clerk of the Crown in Chancery, to issue forth a
Writ for the Election of a Knight of the Shire, to serve
in this present Parliament for the County of Gloucester,
in the Place of Mr. Serjeant Hales, called by his Majesty
to be Chief Baron of his Highness' Court of Exchequer:
And the Lord Chancellor is to issue and pass the same
under the Great Seal of England accordingly.
Arrears of Assessments.
A Bill, ingrossed, for the speedy levying of the Arrears
of the Twelve Months Assessments, commencing the
Twenty-fourth of June 1659; and the Six Months Assessment, commencing the Twenty-fifth of December
1659; was this Day read the Third time.
Resolved, That the Word "late" be inserted in the
3d Line of the 2 Folio, before the Word "Treasurers."
Resolved, That these Words, viz. "appointed by the
said Act," next after the Word "War," Folio 2. Line 3.
Resolved, That this be the Title of this Bill; viz. An
Act for the levying of the Arrears of the Twelve Months
Assessment, commencing 24 June 1659; and the Six
Months Assessments, commencing 25 December 1659.
And the said Bill, so amended, being put to the
Ordered, That this Bill be sent to the Lords: And
that Mr. Prynn do carry this Bill to the Lords.
Ordered, That Mr. Ansley and Mr. Prynn do withdraw,
and pen a Letter, to be sent to the Benchers of the several
Inns of Court, and Heads of the Houses of the several
Inns of Chancery, to take effectual Order, that the several
Members of their respective Houses, and all other Persons who shelter themselves there, who have not paid
their Poll Money, do make speedy Payment thereof.
Pivilege Libellous Publication.
Mr. Serjeant Rainsford reports from the Committee of
Privileges, the several offensive Passages in the Book, intituled, The long Parliament Revived; with several Votes
of the Committee thereupon: Which were by the Reporter read in his Place; and were after read by the
Clerk; and were as followeth; viz.
"All other Parliaments (speaking of the Long Parliament) "have no legal Capacity, till this be legally dissolved." Page 6.
"The Act is express, that by no Means, but by an Act
of Parliament, it shall be dissolved; which, being it cannot be done by the dead King, but may be done by his
Successor, it ought to be so dissolved; else it remains in
full Being and Authority." Page 14.
"The legal Being of the Long Parliament is evident."
"Though many excellent Things have been done by
this Parliament, yet, their Authority not being legally
founded, the Nation can promise to themselves no Happiness nor Assurance." Page 16th.
"It were to be wished, the Legislative Authority
might revert into the right Chanel." Page 17.
"That being a lawful Parliament, This can be none."
'At the Committee of Privileges, Saturday, 17
'Resolved, upon the Question;'
'1. That the Pamphlet, intituled, The Long Parliament Revived, &c. is seditious, in those Particulars
which were alleged at the Committee.'
'2. That the House be moved, to order, that the said
Pamphlet be publickly burnt by the Hands of the Common Hangman.'
'3. That the House be desired to appoint a Committee
for the drawing up an Impeachment, in the Name of all
the Commons of England, against William Drake, for
penning and publishing of this seditious Pamphlet; to
be presented to the Lords.'
'4. That the House be moved, that the said William
Drake may be kept under such Restraint, that none may
have Access to speak with him.'
The humble Petition of William Drake of London,
Merchant, was read.
Resolved, That the Book, intituled, The Long Parliament Revived, is a seditious Pamphlet.
Impeachment of Drake.
Resolved, That a Committee be appointed to draw up
an Impeachment against Wm. Drake; and that Sir Henage
Finch, Sir Edw. Turner, Mr. Annesly, Lord Howard, Mr.
Hollis, Serjeant Glynn, Serjeant Maynard, Mr. Thurland,
Mr. Bampfeild, Serjeant Rainsford, Sir Wm. Lewes, or
any Four of them, be the Committee: And that the
said Committee be also impowered to draw up Articles
against the said Wm. Drake.
Sir Henage Finch reports an Impeachment against
William Drake, Merchant, which he read in his Place.
Resolved, That the Impeachment be carried to the
The Knights, Citizens, and Burgesses, in Parliament
assembled, do, in the Name of themselves, and of all the
Commons assembled in Parliament, impeach William
Drake of London, Merchant, of Sedition, for writing,
printing, and publishing, a seditious Pamphlet, intituled,
The Long Parliament Revived.
Ordered, That Mr. William Drake do remain in the
Custody of the Serjeant at Arms attending this House,
until further Order.
Earl of Cleveland.
Ordered, That the Earl of Cleveland's Bill be read
Ordered, That the Bill for settling the Militia, be read
on Thursday Morning next.