The Diary of Thomas Burton
15 April 1659

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History of Parliament Trust

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John Towill Rutt (editor)

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1828

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'The Diary of Thomas Burton: 15 April 1659', Diary of Thomas Burton esq, volume 4: March - April 1659 (1828), pp. 430-439. URL: http://www.british-history.ac.uk/report.aspx?compid=36957 Date accessed: 20 August 2014.


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Friday, April 15, 1659.

The members, being met in this House this morning, and the mace placed below under the table, they were informed that Mr. Chaloner Chute, who at the first meeting of the Parliament was chosen their Speaker, was dead. (fn. 1)

Mr. Cooper, the minister appointed to perform the duty of prayer with the House on mornings, was called in to prayers.

Prayer being ended, and the minister withdrawn, the several members sitting in their places, considered of the choice of a new Speaker. And, upon consideration of the experience the House had of the great integrity and ability of Mr. Thomas Bampfield, who was called to the chair to supply the Speaker's place, during the absence and indisposition of Mr. Chute, the late Speaker, now dead; and what good service he had done the House, especially in the preservation of the ancient orders thereof; (fn. 2) it was propounded to the House, that Mr. Bampfield be continued in their service; and that he be chosen Speaker accordingly.

Mr. Bampfield, standing up in his place, first acknowledged to the House the great honour that was put upon him, in calling him to the chair before, upon Mr. Speaker Chute's sickness and indisposition; and endeavoured to excuse himself upon the reasons of the experience the House had of his unfitness for their service; and desired Mr. Edward Turner, (fn. 3) a person of great abilities and fitness for their service, might be chosen their Speaker.

But Mr. Thomas Bampfield being generally called on by the House, he was brought to the chair by Sir Walter Earle and Mr. Carew Raleigh: and being sat in the chair, and the mace placed on the table by the Serjeant, as is usual, the House proceeded in their business as formerly.

It is somewhat observable that Mr. Chute was taken in the same manner that Sir Lislebone Long was taken, before his death. It has never been known that two Speakers should die in that time. No good omen.

The Speaker was in a grey cloak.

The humble petition of the company of Parish Clerks, within the City of London and Bills of Mortality, was read.

Ordered, that the same course be observed, for certifying the number of the dead, weekly, and the diseases they do severally die of, within the parish of Margaret's, Westminster, and other the out-parishes, in the counties of Middlesex and Surrey, within the weekly Bills of Mortality and late lines of communication, as is observed within the parishes, in the city of London.

Major-general Browne, (fn. 4) Sir William Wheeler, Colonel Grosvenor, Mr. Sherwin, Mr. Annesley, Colonel Thompson, and Mr. Francis Gerrard, are to take care that this order be put in effectual execution.

Mr. Speaker offered a Bill to be read, as the course was, which was a Bill for the uniting of Scotland, &c.

Mr. Bodurda and others, moved that we were not now as at the first sitting of a Parliament, (fn. 5) so that it was utterly improper to read a Bill; and so ruled.

Mr. Speaker. I desire to know what part of the Report which Mr. Grove made yesterday, you would have entered in your Journal.

The whole narrative was read.

Lord Falkland. If you enter all, you will be laughed at for your reward.

Mr. Grove. If you enter all, enter also, that there was such a crowd that I could not go in, and had like to have gone without my cloak.

Colonel White. Enter all, save that part of the colloquy between Mr. Grove and the single member; (fn. 6) that being no act of the other House.

Mr. Speaker, (and it was the sense of the House.) Leave it to the Committee appointed to peruse the diurnal, to insert what they think fit.

I observed, that all the eminent long-robe-men, except Turner and Terrill, were absent, in respect of the change of the Chair.

The order of the day was read, touching the Declaration for continuance of the Excise.

Mr. Cartwright and Mr. Goodrick moved that it be read over again, because many were absent.

Mr. Fowell. I move for an alteration, that we may not promise the people more than we can perform. We cannot take it off without the other estate's consent. I would therefore have, instead of the words, "that House," insert "the Parliament," and leave out the other clause, "during this present Parliament."

Mr. Disbrowe. I am against the clause. It will be a reflection both ways upon the Parliament, that it does neither care for remedy of the grievance in collecting, nor of the continuance of it, for payment of your army; but during this present Parliament.

Lord Marquis Argyle moved, instead of the words "this House," to say "they" take further course.

Mr. Starkey. I am for the Declaration as it is penned. It is only to let the people know at present that you mean this duty should be paid. It is settled by a law already.

Serjeant Seys. This is either to make this another Long Parliament, or no long payment of the Excise. We are not in a condition to be without it. I move to leave out the clause.

Mr. Hobart. It is a general rule in civil, and all other matters, that doubtful words should be taken, in mitiori sensu.

Consider the occasion of appointing your Committee. Some are of opinion that we are forgetting all that we have done. If I should be against "the House," now that you have voted, I should not think myself worthy to sit here.

You do not declare the legislative in this House. You only establish quantum in vobis est, without either validating or invalidating the Acts and Ordinances for the Excise. I find that the most ostrich-stomach cannot digest the perpetuity of the 130,000l. per annum.

Mr. Trevor. This is a stronger implication that the Excise shall be paid no longer than this Parliament. If you intend it, pass an Act for it. Else it will remain as a moot point. You do sit, and, for aught I know, may sit, to take further order in it.

Mr. Annesley. The ground of the declaration was the stop of payment since the sitting of this Parliament; and it is only to dear us of that reproach. Let us not, under the notion of redressing grievances, make them greater.

I found transacting necessary, as I do the Excise, for the present; and, therefore, I was for them both, for the present. (fn. 7)

The words offered to you are, in effect, to make it perpetual, and, by implication, to confirm all the laws, and to lay aside the redress of all the grievances you have now under consideration.

Mr. Secretary. I cannot agree with the Committee. Your sense is not pursued. The Committee have decided this question, that the legislative is wholly in this House.

If any thing be good since 47, that the King went away; then, certainly, all laws made in 56, are good laws to bind the people.

Lord Lambert. I move to agree with the Committee; for if you confirm it as it is offered, if any accident should happen to this Parliament, (fn. 8) then you bind it for ever upon the people, and it is as great an argument as any that can be, that this House may be spared.

Mr. Bodurda and Captain Hatsell offered an expedient, by adding something to the preamble, to limit it to a time.

Mr. Attorney-general. All agree that all money must arise originally from this House; but, when once given, this House alone, cannot recall it. It is settled by Act of Parliament, and cannot, by a declaration of this House alone, be recalled. I would have the declaration laid aside or recommitted, and go on with the Bill.

Mr. Serjeant Maynard made a long speech against passing it as it was penned.

It shakes the foundation of all your laws that have passed in this Parliament, or since 47. I would have it recommitted.

A great many members spoke to it, pro and contra. I went out, but, it seems, at last they came to the question to recommit it, upon which the House was divided.

The Yeas went forth.

Yeas 110. Mr. Secretary, and Mr. Nathaniel Bacon, Tellers.

Noes 93. Lord Lambert and Mr. Trenchard, Tellers.

Resolved, that this declaration be recommitted.

The House rose at one o'clock.

The Grand Committee of Trade sat not, other Committees being full.

In the Exchequer Court, met Serjeant Wylde's Committee.

Mr. Nathaniel Bacon was in the chair.

A great many long-robe-men were there, on the Chief Baron Widdrington's (fn. 9) behalf. They did nothing, but adjourned till Tuesday.

Serjeant Wylde alleged that he was surprised, and not provided to state his case, and therefore desired time. The Committee thought it reasonable to grant this, and also to adjourn to the Inner Court of Wards, he being scandalized to stand at that bar where he had been judge of the Court, and many of the Committee had pleaded before him.

He took occasion, at the Grand Committee, highly to magnify himself; but said not a word of the present Lord Chief Baron's merits; whereas others that spoke did commend both: but, I believe, as to him, but by way of compliment, as being able to say little else in his case.

The Committee for the Brewers sat in the Queen's Court,

Mr. Scot was in the chair.

Counsel were heard, and several petitions.

The Committee for Mr. Cogan's children sat in the Speaker's Chamber.

Mr. Starkey was in the chair.

The counsel were Mr. Finch and Mr. Peters.

It was against Mr. Clement of the Long Parliament, who had bought lands settled on them before the bill of sale, and Clement was both judge and purchaser, and what not. There was nothing but equity for the Petitioners.

Mr. Wakemau was there, and defended it pretty handsomely for Mr. Clement.

Mr. Finch said, next to Lord Craven's case, (fn. 10) it was the saddest of all.

The Committee for Wales sat in the Exchequer Chamber.

Mr. Serjeant Seys was in the chair.

The Committee for Worth Miners sat in the Court of Wards.

T. B. was in the chair.

Adjourned till Tuesday.

The Committee for servants of the King's children met there, and adjourned for the want of a sufficient number.

Sir Alexander Dick's Committee sat there.

Mr. Wharton was in the chair.

Footnotes

1 "April 14. This day, about noon, at Dorset House, in Salisbury Court, died the Honourable Chaloner Chute, Esq., who was the first chosen Speaker, a person of eminent parts and integrity, which he had manifested for many years, in the exercise of the honourable profession of the law." Mercurius Politicus, No. 563, p. 374. Mordaunt to Hyde, April 14, 1659. "Since the sealing up of mine, the Speaker is dead; and by us much lamented for fear of a worse." See "Clarendon State Papers," iii. 453. Hyde replies "May 9, 59. I am very heartily sorry for the death of the Speaker, whom I have known well, and am persuaded he would never have subjected himself to that place, if he had not entertained some hope of being able to serve the king." Ibid. pp. 464, 465.
2 See supra, pp. 234, 243.
3 Of Gray's Inn, member for Essex. He appears among the counsel against the Regicides, as "Sir Edward Turner, Attorney to the Duke of York;" and on the trial of Major-general Harrison, concludes the following dialogue, in language towards a prisoner becoming the cause, of which, having seasonably dropped the mask of an anti-royalist, he was the legal advocate:— "Mr. Harrison. Notwithstanding the judgment of so many learned ones, that the kings of England are no ways accountable to the Parliament; the Lords and Commons, in the beginning of this war, having declared the King's beginning war upon them; the God of Gods— "Court. Do you render yourself so desperate, that you care not what language you let fall ? It must not be suffered. "Mr. Harrison. I would not willingly speak to offend any man; but I know ' God is no respecter of persons.' His setting up his standard against the people— "Court. Truly, Mr. Harrison, this must not be suffered. This doth not at all belong to you. "Mr. Harrison. Under favour, this doth belong to me. I would have abhorred to have brought him to account, had not the blood of Englishmen, that had been shed— "Counsel. Methinks he should be sent to Bedlam, till he comes to the gallows, to render an account of this. This must not be suffered. It is, in a manner, a new impeachment of this King, to justify their treasons against his late Majesty. "Mr. Solicitor-general, [Finch.] My Lords, I pray that the jury may go together upon the evidence. "Sir Edward Turner. My Lords, this man hath the plague all over him. It is pity any should stand near him, for he will infect them. Let us say to him, as they used to write over a house infected, ' The Lord have mercy upon him,' and so let the officer take him away." See "Trials of the Regicides," (1739,) pp. 48, 49; State Trials, (1776,) ii, 322. On Major-general Harrison, see supra, p. 121, Mr. Pepys says, "October 13, 1660. I went out to Charing Cross, to see Major-general Harrison hanged, drawn, and quartered; which was done there, he looking as cheerful as any man could do in that condition. He was presently cut down, and his head and heart shown to the people, at which there were great shouts of joy." Diary, (1825,) i. 78. Major-general Harrison, for the integrity of his life and the Christian heroism with which he endured a cruel and ignominious death, may be deservedly classed, if he may not challenge priority, with a More, a Russel, or a Sidney. Yet the noble Editor and Annotator of Pepys, a collateral descendant, if I am not mistaken, of the accomplished Henry Neville, of this Parliament, is satisfied with merely remarking on this passage, that "Thomas Harrison, son of a butcher at Newcastle-under Line," was "appointed by Cromwell to convey Charles I. from Windsor to Whitehall, and afterwards sat as one of his judges." The following medley will serve to introduce, and enable a reader duly to estimate, the General Montague of the Commonwealth; now, in the heyday of royal favour, created "Earl of Sandwich, Viscount Hichinbrooke, and Baron of St. Neots," (see supra, p. 148, note.)— "October 19. This morning, Hacker and Axtell were hanged and quartered, as the rest are. "20. I dined with my Lord and Lady. He was very merry, and did talk very high, how he would have a French cook, and a master of his horse, and his Lady and child to wear black patches; which, methought was strange, but he is become a perfect courtier; and, among other things, my Lady saying, that she could get a good merchant for her daughter Jem., he answered, that 'he would rather see her with a pedlar's pack at her back, so she married a gentleman, than she should marry a citizen.' "This afternoon, going through London, and calling at Crowe's, the Upholsterer's, in Saint Bartholomew's, I saw limbs of some of our new traitors, set upon Aldersgate, which was a sad sight to see; and a bloody week this and the last has been, there being ten hanged, drawn, and quartered. "21. George Vines carried me up to the top of his turret, where there is Cooke's head set up for a traitor, and Harrison's set up on the other side of Westminster Hall. Here I could see them plainly. "23. Mr. William Montague told my Lord of an estate inland, lately come into the King's hands, that he had a mind my Lord should beg. To which end, my Lord writ a letter presently to my Lord Chancellor, which I did carry to him; and had a fair promise of him, that he would do it this day for my Lord." Ibid. pp. 79, 80. Vendidit hic auro patriam.
4 See supra, p. 424. ad. fin.
5 See vol. iii. p. 4.
6 See supra, p. 427, 428.
7 Perhaps more was here meant, by this expectant Royalist, sitting for Charles Stuart in the Parliament of the Protector, than met the ear.
8 This the Royalists appear to have now expected. "Mr. Mordaunt" writes from London, "to the Lord Chancellor Hyde, at Paris, April 14, 1659:— "You may assure yourself the odium will not fail to fall on Thurloe, if this Parliament dissolve, and how it can subsist, and not ruin Cromwell, I protest I see not." The Chancellor had written to Mr. Mordaunt, "April 11. I would be glad to know the reason why (since the sitting of this Parliament) we have not heard the least mention of Bradshaw, Lambert, or Harrison, as if they were persons who have no parts to act." Mordaunt replies, April 14. "Truly, my Lord, I can give you no account of either Monk or 262, but such as has report for its author; but Ludlow, Lambert, and Harrison are deep in the army design, and no friends of ours, unless by accident." See "Clarendon State Papers," iii. 454, 455. "General Monk," at the same time, thus writes "to Secretary Thurloe, Edinburgh, April 15, 1659:— "I heare that there is one or two that lie ready in Holland, with commissions from Charles Stuart, to come into this country: one of their names is Hamilton; but whether they lie there till such time as we disagree among ourselves, or whether they intend to come speedily over with them, I knowe nott; butt this I heare from good hands." See "Thurloe State Papers," vii. 656. Bishop Warburton remarks of Monk, that "he certainly had never any purpose to serve the King, till it appeared to him that it was in vain to think of serving any body else." See Lord Clarendon's History, (1826,) vii. 646. In one of the passages of "the History of the Rebellion," omitted by the Editor, in 1704, but lately restored from Lord Clarendon's MS., he says of Monk's "understanding and ratiocination: Alas! it was not equal to the enterprize. He could not bear so many and so different contrivances in his head together, as were necessary to that work." Ibid. p. 396. In another omitted passage, Lord Clarendon thus describes "Nan Clarges," (see vol. ii. p. 306, note,) the first Duchess of Albemarle, by whose aid the Presbyterian Royalists appear to have advanced their intrigues with the General, to promote, according to their short-sighted policy, the restoration of their future persecutor, Charles Stuart:— "He was cursed, after a long familiarity, to marry a woman of the lowest extraction, the least wit, and less beauty; who, taking no care for any other part of herself, had deposited her soul with some Presbyterian ministers, who disposed her to that interest. She was a woman, nihil muliebre præter corpus gerens, so utterly unacquainted with all persons of quality of either sex, that there was no possible approach to him by her." Ibid. p. 383. Monk's chaplain, Dr. Price, says, "that his wife had, in some degree, prepared him to appear, when the first opportunity should be offered. For her custom was, (when the General's and her own work, and the day were ended,) to come into the dining-room to him in her treasongown, (as I called it,) I telling him, that when she had that gown on, he should allow her to say anything. And, indeed, her tongue was her own then, and she would not spare it; insomuch that I, who still chose to give my attendance at those hours, have often shut the dining-room doors, and charged the servants to stand without, till they were called in." See "The Mystery and Method of his Majesty's Happy Restauration," (1680,) p. 13; Maseres's Tracts, (1815,) ii. 712. Mrs. Hutchinson has introduced this well-matched pair, quite in character, when speaking of the injustice and cruelty endured by "the late King's judges," she adds:— "Among which, I cannot forgett one passage that I saw. Monke and his wife, before they were moved to the Tower, while they were yett prisoners at Lambeth House, came one evening to the garden, and caused them to be brought downe, only to stare at them." Memoirs, (1810,) ii. 270.
9 Speaker in 1656.
10 See supra, pp. 390, 393.