ment may

parliament might not only queftion any par- Future ticular thing done by them, as, for example, parliawhat was in progrefs at that moment, but queftion might also revoke and repeal all the acts and past. ftatutes which they had paffed. And the reafon thereof was evident and plain. For they fat not there in their own right, but were sent thither, and entrusted by the whole kingdom; the knights being chofen by the feveral counties, and the rest by the feveral cities and towns. And, for that which was objected by the fame worthy gentleman oppofite, that, there being divers others in the House who were not there when the words were spoken, therefore the House unHouse was not the fame, he (Sir Simonds changed D'Ewes) faid confidently that the Houfe was of memthe fame to all intents and purposes, not only bers. quoad poteftatem, but quoad notionem alfo; for of courfe he affumed there must be a perfect agreement as to what the words were that were spoken, before they could proceed to a cenfure of them. Whereupon, as though remembering his own abfence at the extraordinary scene, he thus proceeded:

by abfence

own

day.

"And truly they may well be excused that D'Ewes's "were abfent out of this Houfe at midnight, abfence at "for it was about that time on Monday night midnight "last when these words were spoken; and I of Mon"do as much wonder that fo many in this "House should object that the speaking of "words is not an action, when that old verse "affures us of the contrary-' Quatuor et "dentes et duo labra fimul, &c.' And more ftrange it seems to me alfo, that when this "worthy gentleman himself (and I pointed to

Would have Palmer

fpeak.

D'Ewes proud of

his logic.

Palmer's friends

prevent

"Mr. Palmer) hath so often stood up, himfelf, to fpeak, fo many fhould hinder him; "for if they will not let him fpeak by way of

anfwering, yet let him fpeak by way of "fpeaking. Some laughed at this, thinking I "had been mistaken; but I proceeded and " told them, that I fhould be forry to speak "anything in that Houfe which I could not "make good logic of; and therefore I still preffed, that if we would not let him speak by way of anfwering, that is by coaction "and as a delinquent, then let him speak by way of speaking, that is fermoni libero et SponAnd who knows," concluded the precife and learned orator, "but that he may give much fatisfaction to this House by his fpeaking? And therefore, Sir, I defire that " he may be heard."

"taneo.

In

The defire of the worthy Sir Simonds, however, failed to convince Mr. Palmer's friends his rifing. of the expediency of yielding thereto. In vain the Speaker renewed the propofition that the member for Stamford fhould be heard. vain was it urged that no man was entitled to object because none knew what he would fay. The objectors ftood fo firm, that it became A divifion clear it would have to come to a divifion, and called for. Hyde and Culpeper violently called out to divide. Palmer withdrew into the Committee Chamber, and the Speaker put the questionAs many as are of opinion that Mr. Palmer fhall be required to answer to the charge laid against him, let them fay Aye. "But then," interpofes D'Ewes," Mr. Palmer's friends addition "would have had thefe words to have been

Hyde

moves

tion.

"added to the question, namely, for words to quefby him fpoken on Monday night laft;' "but we that thought Mr. Palmer deserved "to be queftioned, would not agree to that " addition. Whereupon it came to a divifion "upon the question."

to 146.

The tellers appointed on the one fide were Hyde and Sir Frederick Cornwallis, and on the other Sir Thomas Barrington and Sir Martin Lumley, the member for Effex. The Ayes went out, and proved to be but 146; the Defeated Noes (of whom D'Ewes was one) fat ftill, and by 192 were 192. It being directed, upon this, that Hyde's addition should not be made, Sir Robert Hatton, the member for Castle Rifing, and a determined royalift, jumped up to fpeak against the other question; but Mr. Speaker interrupted and told him he was out of order, for he could not now speak until the question had been put. It was put accordingly, the fame tellers being Original appointed on both fides; and the Ayes (of question whom D'Ewes was one) going out, were 190, 190 to whereas the Noes, fitting ftill, were but 142. 142. It was thereupon immediately ordered, that Mr. Palmer fhould be required to speak; and being called down from the Committee Chamber, in which he had remained fince before the firft divifion, he was informed by the Speaker Palmer that the House required him to make anfwer required to speak. to the charge laid against him.

He presently arose, and, profeffing his innocency as to the particular matter alleged, made relation of fome foregoing paffages. That when, upon the vote being determined that the Declaration fhould pass, a motion was

carried by

His de

fence.

made by Mr. Peard that it should be printed, divers protested against it; and that himself defired alfo to have his proteftation entered, against the printing but not the paffing; and that when, afterwards, it was moved that the names of fuch as had protested might be entered, he being unfatisfied, and defiring it might be debated firft whether fuch a proteftation might be made or not, wifhed a day to be appointed. for that end, and thereupon defired that his own name, and the names of the reft who had protefted, might be entered by the Clerk. And that, Mr. Hampden thereupon asking him, how he knew other men's minds, he answered, queftion. because he had heard others defire their names to be entered, and heard them cry “ All, all.” But for the other words charged upon him, that he had protested" in the name of himself and "the reft," he declared he did not remember that he had fpoken them. But he was very Apology. fenfible of his own misfortune, and forry for having given that occafion to the Houfe to queftion him. And so, having ended, he withdrew again into the Committee Chamber.

Hampden's

White

Palmer.

Bulftrode Whitelocke, member for Marlow, locke and a personal friend of Palmer's, though himfupports felf a fupporter of the Remonftrance, rose immediately after to confirm generally, by his own recollection, the fubftance of the statement just made: but the hour was now late, it having long ftruck four, and it had grown fo dark that the Speaker was no longer able to difcern. Speaker who stood up. Cries from both fides became hon. loud for an adjournment, and order was accormembers. dingly made that the further confideration of

Mr.

cannot fee

to be

Mr. Palmer's offence fhould be refumed at ten Subject o'clock the next morning. Dark as it was, refumed however, the House was not allowed to rife tountil the indefatigable Mr. Pym had obtained morrow. direction for a committee, confifting of himfelf, Mr. Denzil Hollis, and others, to take examinations of divers Irifhmen* then in the ferjeant's cuftody, fufpected of privity in the late horrible defign; and his purpose in fo demanding this immediate committee was, that those who on examination might be found not fairly obnoxious to fufpicion might at once be difmiffed. Through all the frequent con- Adjournfpiracies and dangers of this troubled time, the ment at reins of authority feized by the House were 4.30. held with a firm, yet wife and temperate, hand; and no ftrain upon the liberty of the fubject that could be fafely fpared, was countenanced or permitted by its great leader.

§ XXI. PALMER'S PUNISHMENT AND

SUBMISSION.

dark,

debate:

ON Thursday, the 25th of November, the Tenth Speaker took the chair at ten o'clock; but Mr. Thursday, Solicitor St. John interpofed before the re- 25th Nov. fumption of Palmer's business, to obtain leave to bring in a fhort bill for the levy of tonnage and poundage, and after him Denzil Hollis rofe to remind the House of that fuggeftion of Petition the worthy member fitting below him by the

"He hoped also," the liberal leader told the House on this occafion," that they had the woman in hold who had "conveyed letters into Ireland."

to accom

pany