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A43880 Historical collections, or, A brief account of the most remarkable transactions of the two last Parliaments consisting of I. The speeches, votes, accusations, addresses, and article of impeachment, &c., II. The bills of association, exclusion, and repeal of 35 Eliz. &c., III. The several informations, messages, narratives, orders, petitions, protestation of the Lords, and resolves of both Houses, etc., IV. The tryal and sentence of William Howard Lord Viscount of Stafford in Westminster Hall, his speech and execution on the scaffold at Tower Hill with many other memorable passages and proceedings of the two last Parliaments, held and dissolved at Westminster and Oxford, V. A perfect list of each Paraliament, VI. His Majesty's declaration, shewing the causes and reasons that moved him to dissolve the two last Parliaments. 1682 (1682) Wing H2100; ESTC R32032 89,184 314

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I am come to visit you as you are a Minister of State and as I am sent as Embassador from the Prince of Portugal to the King of England and am likewise to thank you for the Justice you have done yesterday to Sir George Wakeman To which my Lord C. J. answered I am plac'd to do Justice and will not be curb'd by the Rabble Which Information amongst the rest was Printed as it was deliver'd more at large by order of the House The same day also the Commons made new Resolves Nemine Contradicente to proceed to the full Examination of the Popish Plot in order to the bringing of the Offenders to Justice To which purpose they appointed a Committee to inspect the Journalls of the two last Parliaments and make their Report and order'd an humble Address to be made to his Majesty that all the Letters Papers and Evidences which had been delivered to the Privy Council relating to the Popish Plot might be delivered in to the House And thus ended October Fame By the way what became of the Address for the preservation of his Majesties Person and Government Truth Thou shalt hear For though the Address were made upon the Saturday before according to his Majesties appointment yet the House had no accompt of it in a Parliamentary way till the Munday following which was the First of November But first Mr. Secretary Jenkins made his Report concerning the Address that had been orderd to be made for delivery to the House of all Papers Letters and Evidences concerning the Plot in the Custody of the Privy Council To which he gave an accompt in short That they were already delivered to the Committee of Lords appointed for the examination of the said Plot. Which being done Mr. Speaker acquainted the House with his Majesties Answer to their Address declaring their Resolutions to preserve and support his Person and Government c. which was to this effect That he thanked them heartily for their Zeal to the Protestant Religion and assur'd them that there should be nothing wanting both at home and abroad to preserve it Little was done the rest of this day nor much the beginning of the next which was Tuesday the Second of November till Mr. Treby having given a full Information to the House of all matters by him reported in the last Parliament relating to the Popish Plot the House came to three most Remarkable Resolves of which two were carryed with a Nemine Contradicente The first was That the D. of York's being a Papist and his hopes of coming to the Crown had given the greatest countenance to the present designs and Conspiracies against the King and the Protestant Religion Secondly That in defence of the Kings person and Government and of the Protestant Religion the House did declare That they would stand by his Majesty with their Lives and Fortunes and that if his Majesty should come by any Violent death which God forbid they would revenge it to the utmost upon the Papists Thirdly That a Bill should be brought in to disenable the D. of York to inherit the Imperial Crown of England In order whereunto a Committee was appointed to sit and prepare a Bill Upon Wednesday the third of November little pass'd of remark only that the Lords by a Message desired their concurrence to an Act for the better Regulating of Peers in England and that in the House of Commons a Resolve was made Nemine Contradicente That a Bill should be brought in for the better Uniting his Majesties Protestant Subjects Thursday the Fourth of January was less remarkable for business then the day beforegoing unless I should trouble thee Fame to carry the relation of preparatory Votes or the Examinations of breaches of priviledges or contests about Elections which are nothing to the Generall Concernment Fame Thou art in the right they are not for my purpose and therefore thou dost well to leave it out Truth However I must not omit to tell thee that the Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland and the Dominions thereunto belonging was this day read the first time The next day being the Fifth of November the Houses were both adjourned till Saturday the Sixth of November at what time the House taking into their Consideration the business of the dissenting Protestants came to a unanimous Resolve that it was The Opinion of the House that the Acts of Parliament made in the Reign of Queen Elizabeth and King James ought not to be extended against Protestant Dissenters And thereupon they order'd a Bill to be brought in for repeal of all or any part of the Act of Parliament made in the Thirty fifth year of Queen Elizabeth Chapter the first printed in the Statute-book of Pulton This done Mr. Jenison being call'd in gave his Information at the Bar relating to the Popish Plot. At the conclusion of which he was orderd to put it in writing and present it to the House on the Munday following The Sum of the Information was this That about the beginning of the year 78. he had heard Mr. Ireland and Mr. Tho. Jenison both Jesuits discourse of a designe by the Roman Catholiks to obtain a Toleration for the open profession of their Religion in England which was to be done by collecting a good round Sum of Money among them and bribing the Parliament That they also discoursed of securing the Duke of Yorks succession by granting out Commissions to those of the Religion to rise upon the death of the King That he heard the said Ireland say at another time that there was only one in the way who hindred that Religion from flourishing in England and that it was an easie thing to poison the King by the means of Sir George Wakeman That in August of the same year coming from Windsor he went to Mr. Irelands Chamber where he found him pulling off his boots being as he said newly come Post from Wolverhampton That discoursing of the Kings pastimes at Windsor and particularly of his going a fishing with a small retinue of two or three the said Ireland made answer that then he might be easily taken off That the said Ireland offered him to quit him of a debt if he would be assisting to the taking off the King urging how meritorious it would be and how much to the glory of God That upon his refusall Mr. Ireland ask'd him if he knew any stout Irish Gentlemen upon which he nam'd Lavallin Karney and Brahal together with one Wilson an Englishman Of which Gentlemen the said Mr. Ireland did approve as fit for the design That at another time he heard Mr. Tho. Jenison say that if C. R. would not be R. C. he should not be long C. R. Adding that the King being excommunicate and depos'd he was no longer King Having heard this Information the Bill against the Dukes Inheritance was read a Second time and two Resolves made First That the Bill
should be committed to a Committee of the whole House Secondly which was done Nemine Contradicente That the exclusion in the said Bill should not extend any further then the Person of the Duke of York only After which the House adjourned till Munday the Eighth of November the most remarkable passages of which day were first a Conference with the Peers manag'd by the Lord Privy Seal at what time his Lordship did deliver to Mr. Hampden and the rest of the Members severall Examinations in writing relating to the Popish Plot acquainting them farther That all other Papers of the same Concern in the Custody of their Clerk should be delivered to the Clerk of the House of Commons upon his giving a Receipt for the same The Second was the Release of Sir Robert Can from his imprisonment upon his petition and acknowledgement of his offence And The third was the Resolving of the whole House into a Grand Committee to proceed in the Bill of Exclusion which was done so effectually that after severall Clauses added and Amendments made the Bill was orderd to be engross'd Fame Was that Bill never to be seen Truth Yes I have seen it my self in severall Coffee-Houses And therefore to save thy longing I will here briefly recite the Heads of it Fame That 's as much as I desire for the rest is but matter of Form Truth That whereas the D. of Y. was notoriously known to have been perverted from the Protestant to the Popish Religion whereby not only great encouragement has been given to the Popish party to carry on a devilish Conspiracy for the destruction of his Majesties Person and Government but that if the D. should succeed to the Imperial Crown of this Kingdom nothing would be more manifest than a total Change of Religion Be it therefore Enacted That the said I. D. of Y. be made for ever uncapable to Inherit the Imperial Crown of the Kingdoms of England and Ireland c. And that if the said D. of Y. shall at any time hereafter challenge or attempt to possess or enjoy or take upon him to exercise any Authority or Iurisdiction within the said Kingdoms c. That he shall be deem'd Guilty of High Treason and suffer accordingly And that all Persans that shall assist him in such Challenge or Attempt or shall themselves attempt or endeavour to put or bring him into the Possession of the Regal Power or by Preaching or Writing maintain that he hath any Right or Title to the same shall be deem'd Guilty of High Treason and suffer accordingly And that the said D. of York after the Fifth of November 1680 shall not return into any of the Kingdoms aforesaid or if he doe he shall be adjudg'd Guilty of High Treason That being so Guilty of the Treasons aforesaid neither the Duke or any other Person shall be capable of the benefit of any Pardon otherwise then by Act of Parliament wherein in they shall be particularly nam'd All Magistrates Officers and other Subjects are also empowered to apprehend the said D. or any other Persons offending in any of these Premises The Act to extend no farther than the Person of the D. Lastly The Act to be given in Charge at all Assizes and Sessions of the Peace and to be openly read in all Cathedrals and Parish Churches c. upon the Twenty-fifth of December and Easterday during the life of the Duke The next day being Tuesday the ninth of November the King sent a Message to the House in writing by Mr. Secretary Jenkins desiring the House as well for the Satisfaction of his People as of himself to expedite such Matters as were depending before them relating to Popery and the Plot and to rest assur'd that all Remedies they should tender to his Majesty conducing to those ends should be very acceptable to him Provided they were such as might consist with preserving the Succession of the Crown in its due and Legal Course of Descent Then Mr. Turberville being called in gave in his Information first by word of Mouth and when he had done delivered the same in writing The effect whereof in short was That he living in the Family of the E. of Powis grew very intimately acquainted with William Morgan Confessour to the said Earl and his Family being a Jesuite and Rector over all the Jesuits in those parts and that he had often heard the said Morgan tell the said Earl and his Lady that the Kingdom was in a high Fever and that nothing but bloodletting could restore it to health That Father Cudworth Guardian of the Fryers at Doway had told him that this King should not last long That in the year 1675 he was introduc'd into the acquaintance of the Lord Viscount Stafford at Paris to whom he had great freedom and liberty of access Who at length after many solemn promises of exacted secresie told him in direct Terms That he might make himself and the Nation happy by taking away the Life of the King who was a Heretick and a Rebel to God Lastly That he was present at Mass with the Lord Powis in Vere-Street where the E. of Castlemaine said Mass in his Priestly habit Wednesday the tenth of November little past of Consequence more then that the Peers sent down to the House of Commons for their Concurrence to an Act which they had pass'd for freeing the City of London and his Majesties Court and Parts adjacent from Popish Inhabitants and providing against other dangers which might arise from Papists Then taking into Consideration the short Message sent them the day before by his Majesty and delivered by Mr. Secretary Jenkins they made two Resolves That a Committee should be appoynted to draw up an Address to his Majesty in Answer to his speech And in the second place That they would proceed in the Prosecution of the Lords in the Tower and forthwith begin with the Lord Viscount Stafford Fame I have heard say that several Addresses were made to his Majesty for the Pardons and Maintenance of the several Witnesses that had given in their Informations Truth 'T is very certain and 't was no more than what you might have related almost upon supposition So that it will be enough to say for the effects shewed it to be real That all the humble Addresses in that nature were answered Besides that it is our business to pass over Things of lesser moment as lightly as we can And thus from the tenth we come to Thursday the Eleventh of November taken up for the most part with rectifying Elections till Sir William Jones reporting That the address in answere to his Majesties last Message was ready having read it in his place delivered it to the Clerks Table after which it was againe read by the whole House and agreed upon Which being done and the engross'd Bill of Exclusion this day read a third time the Resolution of the House was That the Bill should Pass and that the Title should be An
they return'd and the Judges according to Directions deliver'd their Opinions in order That if there were several Overt Acts which were Evidences of the same Treason if there were one Witness to prove one Overt Act at one time and another Witness to prove another Overt Act at another time both the Acts being Evidences of the same Treason they were two sufficient Witnesses of the same Treason and would maintain an Indictment or an Impeachment of Treason To the First it was answered That as to the hiring of the Witnesses to swear it could be no point of Law till the Fact be prov'd that His Majesties Grace and Bounty to his Witnesses was no Objection to their Testimony when every private person allows his Witnesses a Maintenance without prejudice to his Cause Neither would he tax the House of Commons who were the Prosecutors as his Lordship had prov'd to their Advantage against himself After this the House adjourn'd and appointed the Prisoner to be brought up again on Monday by Ten of the Clock The Sixth Day being Monday December 6. The Prisoner being again brought to to the Bar a Petition was read which he had presented to the House of Peers That whereas he had something to offer to their Lordships to clear himself he therefore besought their Lordships that he might offer some Things to their Lordships Consideration When he came to be heard they were only the same Objections somewhat varied which he offer'd the day before viz. Whether an Impeachment were to be prosecuted in Parliament without an Indictment Whether words did amount to an Overt Act and whether two Witnesses in several places did amount to a Legal Testimony Upon which being ask'd by the High Steward whether he had any thing more to say He went on again with new Repetitions That he had not been prov'd a Papist that he hop'd he had clear'd his Innocency by making appear the Perjury of the Witnesses Then as if he had intended to make a kind of a Discovery he told a long Story That he believ'd that ever since the Reformation the Papists had had several wicked Plots and Designs as Babington's and the Earl of Westmerland's Plot in the Reign of Queen Elizabeth the Lord Grey's Lord Cobham's and Lord Brooks's in the Reign of King James That he did believe that Coleman's endeavouring by Money out of France to keep off Parliaments was that which he could not justifie by Law and he did believe by the same Letters that some Consultations had been had for a Toleration and that if he had known as much then as he did since he might have prevented many things Then he fell again to his points of Law and a third Repetition of his former Objections against the Witnesses and at last concluded with an Application to the Lords courting their Consideration of his Innocence and giving them to understand the great Confidence he had of their Justice and Impartiality Being ask'd again whether he had done He would fain have prevail'd again for his Council to have been heard upon the points of Law before-mentioned But the Managers of the Tryal replied That there was nothing that deserv'd an Answer that there had been nothing offer'd new but what had been over-rul'd already unless it were a point of Law that arose upon matter of Fact not prov'd That the last day all had been said by his Lordship that he had to say and therefore to begin the matter again was a thing not to be admitted After which the Court adjourn'd The Seventh Day being Tuesday December 7. The Lords took their Places in Court at what time the Lord High Steward attended by Garter Principal King at Arms the Usher of the Black Rod collected the Verdicts of the Lords beginning with the Youngest Baron the Prisoner being absent The Names of the Lords that found the Prisoner Guilty LOrd Crew Lord Cornwallis Lord Rockingham Lord Astley Lord Leigh Lord Herbert of Cherbury Lord Howard of Escriek Lord Maynard Lord Lovelace Lord Grey of Wark Lord Brook Lord Chandois Lord North and Grey Lord Paget Lord Wharton Lord Eure Lord Cromwell Lord Conyers Lord Viscount Newport Lord Viscount Falconberge Earl of Conway Earl of Macclesfield Earl of Sussex Earl of Guilford Earl of Shaftsbury Earl of Burlington Earl of Carlisle Earl of Essex Earl of Scaresdale Earl of Sunderland Earl of Winchelsea Earl of Stamford Earl Rivers Earl of Mulgrave Earl of Barkshire Earl of Manchester Earl of Westmerland Earl of Clare Earl of Bristoll Earl of Northampton Earl of Leicester Earl of Bridgewater Earl of Salisbury Earl of Suffolk Earl of Bedford Earl of Huntington Earl of Kent Earl of Oxford Duke of Monmouth Duke of Albemarle Duke of Buckingham Lord Privy Seal Lord President Lord High Steward Duke of Cumberland The Names of the Lords that found the Prisoner Not Guilty LOrd Butler of Weston Lord Arundel of Trerice Lord Hollis Lord Wootton Lord Lucas Lord Ward Lord Byron Lord Hatton Lord Drincourt Lord Norreys Lord Windsore Lord Ferrers Lord Morley Lord Mowbray Earl of Berkley Earl of Hallifax Earl of Feversham Earl of Alisbury Earl of Craven Earl of Bath Earl of Clarendon Earl of St. Albans Earl of Thanet Earl of Chesterfield Earl of Carnarvan Earl of Peterborough Earl of Denbigh Earl of Rutland Lord Chamberlain Marquess of Worcester Duke of Newcastle Being thus found Guilty by the Surplusage of twenty four Voices the Prisoner was brought to the Bar and ask'd what he had more to say for himself why Sentence of Death should not be pronounced against him according to the Law To which he made Answer for respite of Judgment That he never saw any Tryal where the Party try'd did not hold up his Hand which he never was ask'd to do 2. That though he had been try'd by the Act of 25 Ed. 3. yet there being nothing more in that Act than what was included in the Act of the 13 th of this King he humbly conceiv'd that by that Act and the last Proviso in it a Peer that is found Guilty of the Crimes therein mentioned was only to lose his Seat in Parliament and that was to be all his punishment Which being all he had to say the Court adjourn'd into the Lords House at what time the Commons with their Speaker went to the Bar of the Lords and there in the Name of the Commons of England demanded Judgment against the Prisoner Whereupon the Lords took it into Consideration what Judgment was to be given Some Debate there was upon the Matter but at length the Judges being demanded gave in their Opinions That there was no other Judgment for Treason appointed by Law but to be Drawn Hang'd and Quarter'd The Attorney General also declared That any other Judgment would be prejudicial to his Majesty and be a Question in the Inferiour Courts as to his Attainder of High Treason Whereupon it was order'd by the Lords that the ordinary Judgment by the Law appointed in Cases of High
of Popery and the French Interest and a dangerous Enemy to the King and Kingdom The same day also they made two other Resolves That whosoever should lend or cause to be lent any Mony upon the Branches of the King's Revenue arising by Customs Excise or Hearth-mony should be adjudg'd Obstructors of the Sitting of Parliaments and be responsable in Parliament 2. That whosoever should accept or buy any Tally of Anticipation upon any part of the King's Revenue or whoever should pay such Tally should be deem'd guilty of of the same Offence and be liable to be question'd in Parliament Saturday the 8 th of Jan. the Lords gave notice to the House that they had appointed the Saturday following to hear Mr. Seymor's Cause upon his Impeachment and that the House might reply if they thought fit Monday the 10 th of Jan. being the last day of their Session several Resolves were made 1. That whoever advis'd his Majesty to prorogue the Parliament to any other purpose than in order to the passing the Bill of Exclusion was a Betrayer of the King the Kingdom and the Protestant Religion and a Pensioner to France 2. That the Members for the City of London should return the Thanks of the House to the City for their manifest Loyalty to the King their Charge and Vigilancy for the preservation of his Majesty and the Protestant Religion 3. That it was their Opinion that the City was burnt by the Papists designing to introduce Popery and Arbitrary Power in the Nation 4. That the Commissioners of the Customs had willfully broken the Law for prohibiting the Importation of French Wines and other Commodities which if they should continue they should be question'd in Parliament 5. That it was their Opinion that the D. of Monmouth had been remov'd from his Offices and Commands by the Influence of the D. of York and therefore order'd that Application should be made to his Majesty to restore him to all his said Commands and Employments 6. That it was their Opinion that the prosecuting of Protestant Dissenters upon the Penal Laws was a grievance to the Subject and an Encouragement to Popery a weakening of the Protestant Interest and dangerous to the Peace of the Kingdom These Resolutions were no sooner past but they were summon'd by the Usher of the Black Rod to attend his Majesty in the House of Peers at what time his Majesty was pleas'd to signifie his pleasure for a Prorogation till the 20 th of the Month. Before the Prorogation was pronounc'd by the Lord Chancellor his Majesty was pleas'd to sign three Bills two publick and one private The two publick Acts were an additional Act for Burying in Wollen and an Act for prohibiting the Importation of Cattel from Ireland Fa. Seing then there were no more Bills sign'd there is no question to be made but that there were the more depending and if I do not mistake you promis'd to give me a Catalogue of all those that were under Consideration Tr. I did so and to shew you I did not intend to deceive your Expectation I have here collected them together as they came in their Order to be debated the Bill of Exclusion excepted of which you have already had the Heads Bills depending in the last Parliament 1. A Bill for the Encouragment of Wollen Manufacture 2. A Bill for Exportation of Leather 3. An Act for the better regulating the Tryals of Peers in England 4. Two Bills for the regulating Elections of Members in the Commons House of Parliament 5. A Bill for the continuance of two Acts An Act for preventing Planting Tobacco in England and a Bill for Exporting Beer Ale and Mum. 6. A Bill for Repeal of an Act made the 35 th of Q. Elizabeth 7. A Bill for taking away the Court holden before the President and Council in the Marches of Wales 8. A Bill for ascertaining Fines upon Convictions of Misdemeanors 9. A Bill for supplying the Laws against Bankrupts 10. A Bill for Exportation of Cloth and other wollen Manufactures 11. A Bill to restrain Papists from coming or residing within the Cities of London and Westminster or within 20 miles of the same and from wearing any Arms. 12. A Bill that the Judges should hold their Places and Salaries only quamdiu se bene gesserint 13. A Bill prohibiting Importation of Cattel from Scotland 14. Two Bills for the ease of Protestant Dissenters 15. A Bill for Banishing all the most considerable Papists in England out of his Majesties Dominions 16. A Bill for uniting all his Majesty's Protestant Subjects to the Church of England 17. A Bill for repealing the Act for the well Governing of Corporations 18. A Bill to prevent Simony 19. A Bill to prevent Vexatious Actions 20. A Bill to prevent Brewers from being Justices of the Peace in the place where they exercise that Trade 21. A Bill for the better Discovery of Settlements of Estates for superstitious uses 22. A Bill for the more easie collecting the Duty of Hearth-Mony Several other Bills were order'd to be brought in which never came to be debated As A Bill for regulating and preventing the increase of the Poor A Bill for the regulating Hackney Coaches repairing paving and cleansing the Streets and op'ning of passages in and about the City A Bill for repair of the High ways A Bill to punish Atheism Swearing and Debauchery A Bill for regulating abuses in making of Casks Barrels c. A Bill for Naturalization of Foreign Protestants And The Bill of Association The Bill of Ease to all Protestant Dissenters being perfected by the House of Commons tho' not assented to by the Peers was afterwards Printed at large of which these are the Chief Heads 1. That all persons convicted or prosecuted by vertue of an Act made in the 35. year of Q. Eliz. and another Act made in the 3. of K. James for Recusancy that shall take the Oaths of Allegiance and Supremacy and make and sue for such Declaration to be made in the Court of Exchequer Assizes or Quarter Sessions shall be discharg'd of all penalties forfeitures and seizures by force of the said Statutes without Composition or Fee 2. That no Persons taking the Oaths aforesaid and subscribing the Declaration foresaid shall be prosecuted upon the said Acts in any Ecclesiastical Court by reason of their Non-conforming to the Church of England Provided that no persons dissenting from the Church of England and meeting in any place for Religious Worship with the Doors lock'd and bar'd during their so meeting together shall receive any Benefit from this Law Neither shall any of the persons aforesaid be exempted from paying Tithes or other Parochial duties 3. That if any person dissenting from the Church of England shall be chosen into any Parish-Office it shall be lawful for him to execute the same by a sufficient Deputy Provided the said Deputy be allow'd by two or more of the Justices of the Peace 4. That no Dissenter in Holy Orders
unsuitable returns might rather wonder at his Patience then that he grew weary of their Proceedings that it was his Interest and should be as much his Cause as theirs to preserve the Liberty of the Subject the Crown not being safe when that is in danger That by calling this Parliament so soon he let them see that no Irregularities of Parliament should make him out of Love with them by which means he gave them another Oppertunity to provide for the Publick security and had given one Evidence more that he had not neglected his part That he hoped the ill Success of former heats would dispose them to a better Temper That as for the further Prosecution of the Plot tryal of the Lords c. he omited to press them as being obvious to consideration and so necessary for the Publick safety But desired them not to lay so much weight upon any one Expedient against Popery as to determine that all other were ineffectual ' That what he had so often declared ' touching the Succession he should not recede from But that to remove all reasonable Fears that might arise from the Possibility of a Popish Successor if means could be found that in such a Case the Administration should remain in Protestant hands He should be ready to hearken to any such expedient by which Religion might be secur'd and Monarchy not destroyed Lastly He advised them to make the Known and Establish Laws of the Land the Rules and Measures of their Votes Which done he commanded the Commons to return to their House and make choice of their Speaker Thereupon Mr. Williams Speaker of the last Parliament being again made choice of and conducted to the Chair made a short Speech to the House upon his Acceptance That the Unamious choice of the House had lest him without excuse to disable himself for their Service it being to be suppos'd that who the Commons Elected was fit for the Trust That it did not become him to offer assurance of his Constancy Fidelity and Vigilancy the just Sence of the Honour conferred upon him being an Engagement for him to do and suffer whatever Flesh and Blood could do and suffer in their choice That it was a time not to speak much but act well and therefore desired that their Debates might be regular and orderly without reflection or passion and that his behaviour might have their kind and candid Construction Upon Tuesday the 22d of March the Commons attended his Majesty in the Lord's House at which time Mr. Speaker humbly represented in another Speech That the Commons in obedience to his Royal pleasure for the disposal of themselves in that great Assembly to serve him had with one voice elected him their Speaker as having had the Honour to serve his Majesty and the Commons in that Trust in the last Parliament Whereupon with all humility he did again by their Command to receive his pleasure with a Head and Heart full of Loyalty to his Sacred Person armed with a settled resolution never to depart from his Majesties ancient and well settled Government To which the Lord Chancellor in few words made Answer That his Majesty had well considered the Choice and did very well approve of the Election and allowed him for Speaker Then Mr. Speaker made another Address to his Majesty setting forth how much his Majesties Grace and favour in the last Parliament continu'd by the Honour he had in the next did encrease his Obligations to Loyalty That as he was set in a High Station so he would endeavour to manifest his uprightness in it believing that his Majesties service in that great Place was one and the same with that of his Commons no more to be divided then his Crown and Sceptor After which he made an humble claim in the Name of the Commons of England of all the Ancient Rights for them and their Servants freedom of Speech in their debates and liberty of access to his Person according to Custome Concluding by way of Petition to his Majesty that nothing by him said either through weakness or inadvertency should tend to the prejudice of the Commons and that his behaviour and proceedings might receive a favourable Interpretation from his Majesty To which the Lord Chancellor by his Majesties command reurned for Answer That their Petitions were fully and freely granted in as large and ample manner as ever any House enjoy'd them his Majesty being assur'd that the House would make as prudent a use of them as ever any of their Ancestors and that his own particuar Petition was grateful to the King too knowing that he would be as ready to avoid as the King to forgive mistakes The next day being the Twenty-third was spent in taking the Oaths of Allegiance and Supremacy and subscribing the Declaration directed by the Act made in the Thirteenth year of the King Thursday the Twenty-Fourth produc'd little remarkable several Petitions about Elections were presented and an Order made for setting the next Saturday aside to consider of a means for securing the Protestant Religion and the safety of the Kings Person The Twenty-Fift of March being Friday the Lords sent down the Answer of Sir William Scrogs to the Articles of Impeachment exhibited against him by the former Parliament together with his Petition to the house of Peers But nothing was done in it for the House fell upon three affairs of Higher concernment The first was the consideration of the matter relating to a Bill which had passed both Houses in the last Parliament Entitl'd An Act for Repeal of a Statute made in the Thirty-Fift Year of the Reign of Queen Elizabeth but was not tendered to his Majesty for his Royal Assent Whereupon it was resolv'd that a Message should be sent to the Lords to desire a Conferencc as to matters relating to the Constitution of Parliaments in passing of Bills and Ordered a Committee to prepare what was fit to be offered at the said Conference Another Message was also Ordered to be sent to the Lords to put them in mind that the Commons had formerly by their Speaker demanded judgment of High Treason at their Barr against the Earl of Danby and therefore to desire their Lordships to appoint a day to give judgment against him the said Earl upon the said Impeachment The same day the Examination of Ed. Fits-Harris relating to the Popish Plot was read in the House Upon which the said Examination was Ordered to be Printed the said Fits-Harris to be impeached at the Lords Barr and a Committee appointed to draw up Articles against him The Sum of Fits-Harris's Examination was this That in the Year 1672. One Father-Gough an English Priest should tell him at Paris that within two Years after he should see the Catholick Religion established in England To which purpose if the King would not comply that Order was taken that he sho●ld be taken off and kill'd That the same Priest told him that the D. of T. was a Catholick
Act for securing the Protestant Religion by disabling James D. of York to inherit the Imperiall Crowns of England and Ireland and the Dominions and Territories thereunto belonging and the Lord Russel was order'd to carry it up to the Lords for their Concurrence Friday the Twelfth of November some time was spent in reading the Engrossed Bill sent up on the Wednesday before from the Lords for freeing the City and Court c. from Popish Inhabitants c. Of which and of others no farther proceeded in it is enough to speak of their transmitment from one House to another as being such as dy'd among the rest in the Birth After this and some Amendments made of the Returns for the Burrough of Haslemere in Surrey Mr. Bourk Mr. Macnamarr and Eustace Comine being severally called in gave their several Accompts of some proceedings relating to the Popish Plot in Ireland Of their Informations I shall briefly recite the Heads in their Order That of Mr. Bourk was briefly thus That being by the Kindness of one Major Butler admitted to the knowledg of the Earl of Tyrone and by that means frequently keeping his Lordship Company in his pastimes both at home and abroad he observ'd that the said Earl and the Major would be allway extrolling the French King and praying for his Prosperitie That he farther observed a Continual resort of Papists and Suspitious Persons to the said Earls House That being one Morning private with his Lordship his Lordship told him That he had intelligence out of France that the French were very Powerful and that Parlez Francois would be plentifully heard in Ireland ere long That in farther discourse his Lordship drew out of his Pocket a great Quantitie of Papers rol'd up and delivered him to subscribe his name in one of them and that upon a sudden Glance he could read the names of some that he knew to be persons ill affected to his Majesty and his Government That upon his refusal to Subscribe his Lordship calld him Cowar'd and drew his Sword half out of his Scabbard to have kill'd him but was prevented by the unexpected coming in of another Gentleman That from that time forward his Lordship us'd several means to Ruine him and threw him into Waterford Gaol From whence he wrote five Letters to the Lord Lieutenant of his hard Vsage and what he had to say as to the Conspiracy but could have no Answer That being got out of Waterford Gaol he gave in his Informations against the said Earl at Dublin where though his Lordship were bound over to answer the Informant at Waterford Assizes yet such was his power over the Judges and the Jury that he easily got himself acquitted So that finding Ireland then too hot for him the Informant was forc'd to retire into England to make his Appeale The heads of Macnamar's Information were these That one William Bradley Esq a Justice of the Peace in the County of waterford having first made him take an Oath of Secrecie gave him to understand that the Earle of Tyrone had received a Commission from the French King to be a Colonel of Horse in the County of Waterford and that the said Bradley was to be his Lieutenant Col. and therefore desir'd him to provide himselfe of Horse and Arms and get as many as he could trust promising him a Captains Place That after Bradley had unfolded to him the aforesaid Treason he met with the E. of Tyrone who ask'd him privately whether Bradley had said any thing to him who answering he had the E. bid him be very private and then shewed him a List of several that were to be Superiour Officers in several Counties of Ireland which he took special notice of as knowing several of the Persons That the said E. at the same time told him that he had a Commission from the French King under his Hand and Seal to be a Col. of Horse in the County of Waterford and that there was hardly a County in Ireland where Persons were not appointed by the French King for the same purpose with other discourse of the same Nature The Substance of Eustace Comins Information was this That living with one Keadagh Magher his Relation in Karignisurie in the County of Tipperary Treasurer for the Confederates in Ireland he was privy to the Payment of several Considerable Sums to several Considerable Persons upon the accompt of the Plot by the directions of Plunket titular Primate of Ireland Bremand Titular Archbishop of Cashel and Powes Deane of Waterford who had the disposal of the said Money That there was a meeting of the Irish Clergy with the Titular Primate at John Walshe's House who was Lawyer for the D. of Ormond in the County of Tipperary where they agreed to give every Judge that would goe the Circuite and befriend them upon Occasion 200 l. a piece That the Sum of 200 l. was secur'd to Sir John Davis upon the same accompt he being then a Judge at Clonmel of which he was an Eye Witness Lastly after the recital of many other Circumstances of his being pursu'd and imprison'd by Sir John Davis and several other Justices of the Peace Contrary to their duty for his discovery he affirmed that the Papists had Barbarously Murther'd the said Keadagh Magher their Treasurer when they found that he detested their design and was turned Protestant The House having heard these Informations order'd that an Address should be made to his Majesty for their several Pardons and that his Majesty would be pleas'd to take them into his care and protection After this a Message was sent to the Lords to acquaint them with the Resolution of the House to proceed to the Tryal of the Lords in the Tower and that they intended to begin with William Viscount Stafford and therefore desired their Lordships to appoint a day as also that the Lords in the Tower might be confin'd and kept from a Correspondence one with another as Persons Impeached and Committed for high Treason ought to be To which the Lords return'd for answer That as to that part of the Message relating to Confinement and Correspondence they had already given Order therein as the House had desired and for the latter for appointing a day for the Tryal they did appoint Tuesday come fortnight Thereupon they order'd a farther Address to be made to his Majesty That all Papers Writings Examinations and Evidences relating to the Popish Plot which had been deliver'd to the Clerks of the Council or the Secretaries since the dissolution of the last Parliament should be transmitted to the House and order'd that Serjeant Maynard Mr. George Pelham and Mr. Paul Foly should be added to the Committee appointed to prepare Evidence against the Lords in the Tower They likewise order'd That another Address should be made to his Majesty That he would be pleased to give orders for Issuing out a Sum of Money to defray the Charges of Summoning the Witnesses and other Expences incident to the