or pretending thereto that shall take the said Oaths and make and subscribe the aforesaid Declaration together with his Assent Consent to the Articles of Religion mention'd in the 13 th year of the Queen except only the 34 35 and 36. and these words in the 20 th Article viz. That the Church has Power to decree Rights and Ceremonies and Authority in Controversies of Faith shall be liable to the Pains and Penalties of either of the Acts made in the 17 th or 22 th years of his present Majesties Reign Provided they do not preach in any place with the doors lock'd or barr'd 5. That all persons pretending to holy Orders that shall subscribe the Articles aforesaid except before excepted together with part of the 27 th Article concerning Infants Baptism and take the Oaths and make the Declaration aforesaid shall enjoy all the Benefits and Advantages of this Act. 6. The Justices of the Peace are requir'd to tender the Oath of Allegiance and Supremacy to any person or persons that go to private Meetings and upon refusal to take them and make the Declaration aforesaid to commit them to Prison without Bail or Mainprise and being so committed if they shall refuse upon a second tender to take the said Oaths or to make Declaration of their Allegiance they shall be thenceforth taken for Popish Recusants convicted and suffer accordingly 7. For those that scruple the taking of any Oath the following Declaration shall be sufficient being by them made and subscribed I acknowledge and declare c. That K. Charles the II. is Lawful King of this Realm c. and that the Pope neither by himself nor any Authority of the Church of Rome or by any other means with any other hath any Power to depose the King or dispose of his Dominions or to authorize any Foreign Prince to invade or annoy his Countreys or to discharge any of his Subjects of their Allegiance or Obedience to him c. 8. Such Persons as shall conform to this Act are impowr'd to keep Schools Lastly This Act not to extend to any Papists or Popish Recusant or to any that shall deny the Doctrine of the Holy Trinity But now the Term of Prorogation being near at hand his Majesty was pleas'd to issue forth his Proclamation bearing date the 18 th of January for the Dissolving of this present Parliament and calling a New one to meet and be holden at Oxford upon the one and twentieth day of March next ensuing A LIST OF BOTH HOUSES OF Parliament Which met at Westminster upon the 21 st of October 1680. and was Dissolv'd on the 18 th of January following Note That those that have this Mark * after them were not Members of the last Parliament The LORDS JAMES Duke of York and Albany Rupert Duke of Cumberland Heneage Finch Baron of Daventry Lord Chancellor of England Arthur Earl of Anglesey Lord Privy Seal Henry Duke of Norfolk George Duke of Buckingham Christopher Duke of Albemarle James Duke of Monmouth Henry Duke of Newcastle Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Lord Marquess of Dorchester Robert Earl of Lindsey Lord Great Chamberlain James Earl of Brecon Lord Steward of the Houshold Henry Earl of Arlington Lord Chamberlain of the Houshold Aubrey Earl of Oxford Anthony Earl of Kent William Richard George Earl of Derby John Earl of Rutland Theophilus Earl of Huntingdon William Earl of Bedford Philip Earl of Pembroke and Montgomery Edward Earl of Lincoln Charles Earl of Nottingham James Earl of Suffolk Charles Earl of Dorset and Middlesex James Earl of Salisbury John Earl of Exeter John Earl of Bridgewater Philip Earl of Leicester James Earl of Northampton William Earl of Devonshire William Earl of Denbigh John Earl of Bristol Gilbert Earl of Clare Oliver Earl of Bullinbrook Charles Earl of Westmorland Robert Earl of Manchester Thomas Earl of Berkshire John Earl of Mulgrave William Earl of Malborough Thomas Earl of Rivers Henry Earl of Peterborough Thomas Earl of Stamford Heneage Earl of Winchelsea Charles Earl of Carnarvon Henry Earl of Newport Philip Earl of Chesterfield Nicholas Earl of Thanett Thomas Earl of Portland William Earl of Strafford Robert Earl of Sunderland Nicholas Earl of Scarsdale John Earl of Rochester Henry Earl of St. Albans Edward Earl of Sandwich Henry Earl of Clarendon Arthur Earl of Essex Robert Earl of Cardigan John Earl of Bath Charles Earl of Carlisle William Earl of Craven Robert Earl ef Ailesbury Richard Earl of Burlington Anthony Earl of Shaftsbury John Earl of Guilford Thomas Earl of Sussex Charles Earl of Plimouth Lewis Earl of Feversham George Earl of Hallifax Charles Earl of Mackelfield John Earl of Radnor Robert Earl of Yarmouth George Earl of Berkley Francis Viscount Montague William Viscount Say and Seal Edward Viscount Conway Baptist Viscount Campden Thomas Viscount Faulconbridge Charles Viscount Mordant Francis Viscount Newport Henry Lord Mowbray James Lord Audley Charles Lord La Warre Thomas L. Morley and Mounteagle Robert Lord Ferrers Conyers L. Darcy and Meynell Benjamin Lord Fitzwater Charles Lord Gray William Lord Stourton Henry Lord Sandys Thomas Lord Windsor Thomas Lord Cromwell Ralph Lord Eure Philip Lord Wharton Charles L. Willoughby of Parham William Lord Pagett Charles Lord North-Grey of Rolleston James Lord Chandos Robert Lord Hunsdon James Lord Norreys Christopher Lord Tenham Fulke Lord Grevill Edward Lord Mountague of Boughton Ford Lord Grey of Wark John Lord Lovelace John Lord Paulet William Lord Maynard George Lord Coventry William Lord Howard of Escrick Henry Lord Herbert of Cherbury Thomas Lord Leigh Christopher Lord Hatton Richard Lord Byron Richard Lord Vaughan Francis Lord Carrington William Lord Widdrington Edward Lord Ward Thomas Lord Culpeper Jacob Lord Astley Charles Lord Lucas Edward Lord Rockingham Charles Henry Lord Wootton Marmaduke Lord Langdale Denzill Lord Holles Charles Lord Cornwallis George Lord Delamere Horatio Lord Townesend John Lord Crew John Lord Frescheville Richard Lord Arundel of Trerise Thomas Lord Butler of Moor-Park Richard Lord Butler of Weston John Lord Mannors of Haddon Arch-Bishops and Bishops Dr. William Sancroft Lord Archbishop of Canterbury Dr. Richard Stern Lord Archbishop of York Dr. Henry Compton Lord Bishop of London Dr. Nathaniel Crew Lord Bishop of Durham Dr. George Morley Lord Bishop of Winchester Dr. Herbert Crofts Lord Bishop of Hereford Dr. Seth Ward Lord Bishop of Salisbury Dr. Edward Rainbow Lord Bishop of Carlile Dr. John Dolben Lord Bishop of Rochester Dr. Anthony Sparrow Lord Bishop of Norwich Dr. Peter Gunning Lord Bishop of Ely Dr. Isaac Barrow Lord Bishop of St. Asaph Dr. Thomas Wood Lord Bishop of Coventry and Lichfield Dr. John Pritchet Lord Bishop of Gloucester Dr. Peter Mew Lord Bishop of Bath and Wells Dr. John Pearson Lord Bishop of Chester Dr. Humphrey Lloyd Lord Bishop of Bangor Dr. William Lloyd Lord Bishop of Peterborough Dr. Guy Carleton Lord Bishop of Chichester Dr. Thomas Barlow Lord Bishop of Lincoln Dr. James Fleetwood Lord Bishop of
the Liberty and Property of the Subject at home and supporting the Forraign Alliances he took notice of the unsuitable Returns of the House of Commons their Addresses in the Nature of Remonstrances their Arbitrary Orders for taking Persons into Custody for Matters that had no Relation to their Priviledges and their strange Illegal Votes declaring divers Emminent Persons Enemies to the King and Kingdom without any Order or Process of Law or hearing their Defence That besides these Proceedings they had Voted That whoever should Lend any Money upon the Branches of the Revenue or Buy any Tally of Anticipation or pay any such Tally should be adjudged to hinder the sitting of Parliaments and be answerable to the same in Parliament Which Votes instead of giving him Assistance tended rather to disable him and to expose him to all dangers that might happen at Home or Abroad and to deprive him of the possibility of supporting the Government it self and to reduce him to a more helpless Condition then the meanest of his Subjects That they had Voted the Prosecution of Protestant Dissenters upon the Penal-Laws a grievance to the Subject a weakning to the Protestant Interest an Encouragement to Popery and dangerous to the Peace of the Kingdom Whereby they assumed to themselves a Power of suspending Acts of Parliament Which unwarrantable Proceedings were the Occasion of his parting with the first Parliament That having Assembled another at Oxford he gave them warning of the Errors of the former and required them to make the Law of the Land their Rule as he resolv'd it should be his Adding withal that though he could not depart from what he had so often declared touching the Succession Yet to remove all Reasonable fears that might arise from a Popish Successor if means could be found that in such a Case the Administration of the Government might remain in Protestant Hands he was ready to hearken to any expedient for the preservation of the Establish'd Religion without the Destruction of Monarchy Notwithstanding all which no expedient could be found but that of a Total Exclusion which he was so nearly concern'd in Honour Justice and Conscience not to Consent to Nor did he believe as he had Reason so to do but that if he had in the last Parliament at Westminster consented to a Bill of Exclusion that the Intent was not to have rested there but to have attempted some other great and important Changes That the business of Fits-Harris impeach'd by the Commons of High Treason and by the Lords referred to the Ordinary Course of Law was on a suddain carried to that Extremity by the Votes of the House of Commons March 26. That there was no possibility left of a Reconciliation Whereby an impeachment was made use of to delay a Tryal directed against a professed Papist charg'd with Treasons of an extraordinary Nature That nevertheless he was resolv'd that no Irregularities in Parliaments should make him out of love with them but by the Blessing of God to have frequent Parliaments and both in and out of Parliament to use all his utmost endeavours to extirpate Popery and to redress the Grievances of his good Subjects and in all things to Govern according to the Laws of the Kingdom This Declaration being published was likewise ordered to be read in all Churches and Chapples thoroughout the Kingdom And thus my dear Friend Fame for thou art some times a Friend to me as well as to Falshood I have been Candid toward thee in giving Thee plainly without Comment or Observations either on the one side or the other a true Accompt of the most Memorable passages of the Two last Parliaments in due Series and Connexion for the aid and assistance of thy Memory Now take thy flight and make the best Use of thy Pacquet which thou canst If thou seek'st for more go look among the Intelligences which though they will deceive Thee may perhaps better tickle the Fancies then the Judgments of the People A NEW AND TRUE CATALOGUE OF THE HOUSE of LORDS Together with the Knights Citizens Burgesses and Barons OF THE CINQUE-PORTS That were Returned to serve in the Parliament of ENGLAND Assembled at OXFORD the twenty-first of March 1681. Note That those that have this Mark * after them were not Members of the foregoing Parliament The LORDS JAMES Duke of York and Albany Rupert Duke of Cumberland Heneage Finch Baron of Daventry Lord Chancellor of England John Earl of Radnor Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Henry Duke of Norfolk Charles Seymore Duke of Somerset under Age. George Duke of Buckingham Christopher Duke of Albemarl James Duke of Monmouth Henry Duke of Newcastle Charles Lenox Duke of Richmond under Age. Charles Fitz-Roy Duke of Southampton under Age. Henry Fitz Roy Duke of Grafton Charles Lord Marq. of Winchester Henry Lord Marq. of Worcester Robert Earl of Lindsey Lord Great Chamberlain James Earl of Brecon Lord Steward of the Houshold Aubrey Earl of Oxford Charles Talbot Earl of Salop if at Age. Anthony Earl of Kent William Richard George Earl of Derby John Earl of Rutland Theophilus Earl of Huntingdon William Earl of Bedford Philip Earl of Pembroke and Montgomery Edward Earl of Lincoln Charles Earl of Nottingham James Eral of Suffolk Charles Earl of Dorset and Middlesex James Earl of Salisbury John Earl of Exeter John Earl of Bridgewater Philip Earl of Leicester James Earl of Northampton Edward Rich Earl of Warwick and Holand under Age William Earl of Devonshire William Earl of Denbigh John Earl of Bristol Gilbert Earl of Clare Oliver Earl of Bullingbrook Charles Earl of Westmorland Robert Earl of Manchester Thomas Earl of Barkshire John Earl of Mulgrave Thomas Earl of Rivers Henry Earl of Peterborough Thomas Earl of Stamford Heneage Earl of Winchelsea Charles Earl of Carnarvon Philip Earl of Chesterfield Richare Earl of Thanet William Earl of Strafford Robert Earl of Sunderland Robert Earl of Scarsdale Charles Earl of Rochester Henry Earl of St. Albans Edward Earl of Sandwich Henry Earl of Clarendon Arthur Earl of Essex Robert Earl of Cardigan John Earl of Bath Charles Earl of Carlisle William Earl of Craven Robert Earl of Ailesbury Richard Earl of Burlington Anthony Earl of Shaftsbury Edward Henry Lee Earl of Lichfield under Age. John Earl of Guilford Thomas Earl of Sussex Lewis Earl of Feversham George Earl of Hallifax Charles Earl of Mackelsfield Robert Earl of Yarmonth George Earl of Berkley Edw. Conway Earl of Conway Leicester Devereux Viscount Heriford under Age Francis Viscount Montague William Viscount Say and Seal Baptist Viscount Camden Thomas Viscount Faulconbridge Charles Viscount Mordant Francis Viscount Newport Henry Lord Mowbroy George Nevil Lord Abergavenny under Age. James Lord Audley Charles Lord La Warr. Thomas Lord Morley Mounteagle Robert Lord Ferrers Coniers Lord Darcy and Meynel Charles Lord Fitzwater under Age. Henry Lord Grey under Age. William Lord Stourton Conyers Lord Conyers Henry Lord Sandys Thomas Lord
a declaration of their Resolution to preserve and support the Kings Person and Government and the Protesstant Religion both at home and abroad The next Morning Sir Francis Withens appearing in his Place according to the Order made the day before the Clark of the Peace for Westminster was order'd to attend the next Morning with the Roll of Orders for the last Easter Sessions for the City of Westminster Fame What could that signifie Truth Thou mayst be sure they knew what they did Fame I guess the business Truth Why then dost interrupt me with thy Impertinencies Fame Thou knowest I was always guilty of that fault and cannot help it but prithee now go on Truth Having thus done with Sir Francis for that time they took Sir Robert Yeoman's and Sir Robert Can a Member of the House to task for that they in October 1679 had publickly declared that there was no Plot but onely a Presbyterian Plot. The words were attested by Mr. Rowe the Sword-bearer of Bristol and Sir John Knight a Member of the House also To which Sir Robert Can being called upon by the House to make his defence said little for himself but onely flung several reflecting and reproachfull expressions upon Sir Robert Can. For which as for an offence against good Manners he was presently order'd to receive a Reprehension from the Speaker upon his knees Nor was this all for Sir Robert being now withdrawn the House proceeded to take the matters charg'd against him into farther Consideration and after some time of debate resolv'd that it did appear by the Evidence given to the House that Sir Robert Can was guilty of the words before mention'd and order'd him as a Member of the House to be expel'd the House and committed to the Tower Whereupon he was presently call'd to the Bar and received the Judgement of the House upon his knees from the Mouth of the Speaker As for Sir Robert Yeomans he not being in Town was order'd to be sent for in custody of the Serjeant attending the House The next day being the twenty ninth of October as they had been severe in punishing so they they began to think of rewarding and order'd that Dr. Tongue should be humbly recommended by the House to his Majesty for the first considerable Church-preferment that should become void in the Kingdom and that such of the Members as were of the Privy Council should represent the same to his Majesty The same day the Address for the preservation and support of his Majesties Person and Government being prepar'd and finish'd was read in the House to this Effect That they did with most thankful hearts acknowledge not only his Majesties many former Royal Declarations of his adherence to the Protestant Religion but his farther Manifestation of the same in his Gracious Speech to both Houses at the opening of the Parliament And therefore as the Eyes of all the Protestants abroad were upon them and that looking upon his Majesty as the Royal Head of so many Protestant Countries they could not but hope that his Majesty would be the greatest Protection to them from whom the Kingdom has Reason to expect a Mutual Assistance as being invovl'd in the same Danger They did humbly assure his Majesty that they would be always ready to preserve his Majesties Person and Government and to support the Protestant Religion both at home and abroad Beseeching his Majesty to esteem those that should otherwise represent them to his Majesty as such who design'd to divide between the King and his People and defeat the meeting of Parliaments that the Popish designs might succeed Which has been made Evident by the Contrivance of a wicked design to transfer the Guilt of their own Crimes upon his Majesties Loyal Protestant Nobility and Gentry This Address being read and consented to by the whole House they proceeded to the business of Sir Francis Withens and to that purpose examin'd several Witnesses at the Bar. At length it appearing not onely by the Evidence but by the Confession of Sir Francis hmself that he had presented an Address to his Majesty expressing an abhorrency to Petition for the calling and sitting of Parliaments it was Resolv'd That he had betray'd the undoubted Rights of the Subjects of England And Sir Francis was order'd to be expell'd the House and received his Sentence upon his knees accordingly Saturday the thirtieth of October concluded the Parliamentary Transactions of this Month and little occurr'd but that Mr. Secretary Jenkins acquainted the House that his Majesty being attended by such of the Members as were of the Privy Council with the Address relating to Dr. Tongue was pleas'd to answer That he had already taken care of him and would also take him into his farther Consideration Then it was also that the Votes of the House were first order'd to be Printed being first perus'd and sign'd by the Speaker who had likewise Power to Nominate and appoint the Persons that were to Print the same The same day also Francisco de Feria deliver'd his Evidence at the Bar of the House concerning the Plot the Effect whereof in short was That being preferr'd to be Interpreter and Secretary of Languages to the Lord Gaspar Abrew de Freitas Embassador in Ordinary for the Prince of Portugal to the King of England That being in great Favour with the said Embassador he the said Embassador did entrust him with several of his Secrets and that at the Tryal of the five Jesuites being then private with his Lord the Embassador expresed much sorrow for the Oppression of the Catholicks and wish'd that Oates and Bedlow were made away and then told him that he might doe the Catholick cause great Service and might make his own Fortune if he would joyn in destroying Oates and Bedlow That 50000 Reales d' Ocho should be given for that piece of Service and that two sufficient Persons should be joyn'd with him to kill the said Oates and Bedlow That afterwards understanding that Bedlow was not dead in Ireland as had been reported the said Embassador renew'd his Sollicitations to him to kill Oates and Bedlow promising to make good the said sum of Money to him to pay his Debts and carry him into Portugal That the said Embassador tempted him to kill the Earl of Shaftsbury by throwing a hand-Granado into his Coach as he was travelling upon the Road into the Country That after the acquittal of Sir George he was sent to the said Sir George to tell him from the Embassador That his Fortune and Estate were all at his Service and so was his Princes That the Catholicks were all bound to pray for Sir Philip Floyd for his Generosity To which Sir George reply'd That had it not been for him he had not been sav'd That after the Tryal was over the Embassador went to visit the Lord C. J. Schroggs in his Sedan with his Coach of State That the Complement was in Portugueze interpreted by himself to this Effect My Lord
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
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
and with the Lord Bellasis to give orders both as to the taking the Kings life away as also the D. of Monmouths for the Establishing the Romish Religion and Government in this Kingdom That rewards were agreed to be given to such as should deserve them and that the Informant was to have an Equal share with one Capt. Aderly Which rewards were to be distributed by the D. of York the Lord Belasis and some other Persons it being alledg'd by the Conspirators that there would be Lands enough of the Protestants to reward every one That he had intercepted several Letters from St. Omers and Paris to Mr. Ewers wherein mention was made of several Sums of Money laid out for Arms particularly two Sums of 500 l. and 700 l. upon the accompt of the Popish Plot in England That in September 1678. The Lord Stafford discoursing Mr. Ewers and the Informant in the great Parlour at Tixal told them that the reason of his dissatisfaction against the King was that he saw his favours rather dispos'd to Rebels and Traytors than to those that had serv'd him which was enough if there were not the Consideration of Religion which was above all others That at the General Meeting at Tixal in September aforesaid the Lord Stafford Lord Aston and others upon a full debate of all their preceding Transactions and Instructions for carrying on their design resolv'd to confirm the Oath 's which they had severally before taken which was to kill the King and Establish the Romish Religion in this Kingdom At what time the Lord Stafford engag'd to make good his promises to the Informant both of Money and other necessaries for his encouragement Thursday the Sixteenth of November nothing more was done but only that the Bayliff of Westminster amended one of the Returns for that place and put in Sir William Wallers name instead of Sir Francis Withens Which being done the House adjourn'd till the next day being Wednesday morning the Seventeenth of November At what time they took into Consideration on his Majesties Message relating to Tangier and appointed a Committee to draw up an Address to represent to his Majesty the dangerous Estate and Condition of the Kingdom in Answer to the said Message The same day also they order'd another Address to be made to his Majesty for the Removal of George Earl of Halifax from his presence and Councils for ever The Substance of the Address was as followes That being deeply sensible of the dangers and mischiefs occasion'd to the Kingdom by the dissolution of the last Parliament and the frequent Prorogations of the present and having just reason to believe that the said dissolution was promoted by the evil Counsel of the E. of Halifax They did therefore most humbly pray his Majesty for the taking away all occasions of mistrust betwen his Majesty and them and for their greater encouragement to perfect such matters as lay before them for the preservation of his Majesties Person and Government and the Protestant Religion that he would be gratiously pleas'd to remove the said Earl from his presence and Councils for ever To which his Majesty return'd for Answer That he did not find the Grounds in the Address to be sufficient for him to remove the said Earl But he assur'd them that whenever they should in a Due and Regular Course prove any Crime either against him or any other Person he would leave both him and them to their own Legal defence without interposing his mediation Thursday the Eighteenth of November Mr. Treby was sent to the Peers to desire their Lordships to communicate to the Commons such Writings and Evidences which they had receiv'd from the Clerks of the Council to which the Lords readily condescended according to their desire The next day being Friday the Nineteenth of the Month Benjamin Harris Bookseller then and still a Prisoner in the Kings Bench ad sectam Regis for a Fine of 500 l. for a Misdemeanour by him Committed having presented a Petition to the House the same was read and thereupon a Resolve made that Address should be presented to the King to desire him to Pardon the said Fine After which follow'd an Order that a Commitee should be appointed to draw up a Bill for the ascertaining of Fines upon misdemeanours The same day Serjeant Rigby reported from the Committee appointed to enquire after Obstructors of Petitioning that the Grand-Juries of Devon and Somerset were more especially found to be tardy and that Capt. William Castle being summon'd to attend the Committee had contemptuously neglected so to do Thereupon the House order'd that Sir Giles Phillips Mr. Wiliam Stawel Mr. Hutchinson and Mr. Walrond should be sent for in Custody of the Serjeant of Arms. The same day Mr. Zeal being call'd to the Bar of the House delivered his Information at the Bar The Effect whereof in short was this That being a Prisoner in the Marshalsea Mrs. Celier came several times to him and treated with him to be not only Instrumental himself but to procure others to joyn with him to fire the Kings Ships as they lay in harbour as also to swear against the Earl of Shaftesbury such Articles of High Treason as she should get ready prepar'd for him to that purpose His Information being heard the House order'd that Application should be made to his Majesty for his Pardon and some present Allowance Other Applications were also order'd to be made to his Majesty in the behalf of Mr. Hethrington and the Irish Evidence for their Expences and present Support as also in the behalf of Mr. Smith who had made a Considerable discovery of the Popish Plot for some Eclesiastical Preferment To which and some other Addresses formerly made his Majesty upon the meeting of the House the next day being Saturday the Twentieth of the Month by Mr. Secretary Jenkins return'd his distinct Answers That as to the Address in relation to Sir George Jefferies He would Consider of it That as for Lewis He would Pardon him all Offences but Perjury and that Consideration should be had of a reasonable Allowance for him That as for the Irish Evidence That in regard of their number and Circumstances of their Persons not yet well known he had referr'd it to the Lords Commissionours of the Treasury And that for Mr. Smith he would take him into Consideration But the House not satisfi'd with his Majesties Exception in the Pardon of Lewis resolv'd upon another Address That all Pardon 's granted to any of the Persons for whom Application had been made should extend to all Crimes and Misdeameanours whatsoever till the last of their respective discoveries After which Mr. Trenchard reported from the Committee for Enquiring after the Obstructors of Petitioning that Information had been given them that Examinations had been taken upon Oath by Five Justices of the Peace in Monmouthshire viz. John Herbert Henry Baker William Herbert William James and Robert Gunter Esquires against John Arnold Esq for promoting
the Nobility and the Commons of England having taken their several and distinct places in Court And the Prisoner being brought to the Bar the Lord High Steward spake to him to this Effect That the Commons of England had impeached him of High Treason for which he was then to he Try'd that he was not try'd upon the Indictment found by the Grand-Jury but prosecuted by the Loud complaints of the Commons and to be try'd upon the presentment of the Grand Inquest of the whole Nation That he was to be therefore Judg'd by the whole Body of the House of Peers where the ballance would be exactly kept And that therefore if his zeal had engag'd him in such deep and black designes as he was charg'd with he must expect to reap what he had sown Admonishing him lastly to hear with patience what should be said against him The Charge being then read the substance of the Impeachment was I. That there had been a Traiterous Plot and Conspiracy both in England and other Places to alter and subvert the Ancient Government and true Religion established in the Land which Plot was carried and contrived by Persons of several Qualities and Degrees II. That for the accomplishing of the said wicked and traiterous design he had agreed and conspir'd with others to imprison depose and murther the King and to Subject the Kingdom to the Pope and his Government To restore the Abbys Monasteries c. so long agoe Suppressed for their Idolatry and Superstition And by that means to destroy his Majesty Extirpate the Protestant Religion and overthrow the Rights and Properties of his Majesties Subjects III. That he with the rest of the Traytors had held several Meetings and Consultations where it was contriv'd and design'd by what means and what Instruments should be us'd to murther his Majesty That it was there resolv'd to Effect the same by Poisoning Shooting Stabbing and that at the same places rewards were offered to several Persons to execute the same IV. That he with the rest had Consulted to raise Men Money Armes and Ammunition and had Corresponded with the Pope his Cardinals and Nuntio 's and with other Forein Ministers for the raising and obtaining of Men Money c. for the raising of War within the Kingdom and invading the same with Forein Forces V. That he with the rest had procured and delivered out several Instruments and Commissions made and granted by the Pope and other unlawful Authortities for the raising and disposing Men Money c. and particularly for him the said Lord Viscount Stafford to be paymaster of the Army VI. That to hinder the discovery af the said Plot and to secure themselves from Justice He with the rest had caused Oathes of Secresie to be administred to the Confederates and the Priests to give them absolutions for their encouragement aforesaid to conceal the Conspiracy VII That he with the rest had contriv'd to lay the Imputation of their crimes upon the Protestants aforesaid To this his Lordships Plea was That he was not Guilty and for his Tryal put himself upon his Peers In the opening of this Impeachment Mr Serjeant Maynard beginning told the Lords that the Charge was General and Particular General the Subversion of the Nation Murther of the King and suppression of the Protestant Religion which General was charg'd in Particular upon the Prisoner in regard that in a general design as this was wherein so many were concern'd the Act of One is the Act of All and the Act of All is the Act of every One But his part being only to open the General Conspiracy he made out the Universal Hatred of the Papists against the Protestants by their continual Practcies of Murthers Massacrees and Treasons in Spain France England and other parts of Europe and their Doctrine of the Legality of deposing and Killing Heretick Kings Then bringing his Arguments home he called to mind the Murther of Sir Edmund-Bury Godfrey The Tampering with Bedlow to corrupt and lessen his Testimony and Their Charging Oates with Infamous Crimes by falshood and Subornation to invalidate his Testimony The particular Evidence was open'd by Sir Francis Winington Shewing first The extraordinary advantages the Papists had to enter upon the Conspiracy The creeping of Papists at the bottom and others that drove on their Interest into his Majesties Councils The easiness of some Men to favour the Papists new projects set on foot for a Reconciliation between the two Religions by distingushing the Church from the Court of Rome Papists of Loyal and disloyal Principles Which gave them great Encouragement to see how freely the Pen was drawn in their favour The Kings Commands of putting the Laws in Execution frustrated by the Publick Ministers of their faction and the severity of those Laws turned upon the Protestant dissenters Lastly their great hopes of a Popish Successor As for the proof of the Plot in general he Cited the Attainders of Coleman and Langhorn and several Priests and Jesuites The Attainders of Sir Edmund-Bury Godfrey's Murther and the Conviction of the Assassinator of Mr. Arnold And in short the Convictions not only of Treasons and Murthers but of almost all other Villianies whatsoever To this he added that proof would be made of the discourses of the Preists and Jesuits abroad of the great alteration that would be in England e're long And that the King was a Heretick and might be destroyed which Doctrine was dispersed by the industry of several in England As to particulars against the Prisoner he urg'd that proof would be made of his being at a Consult at the Lord Aston's House at Tyxal for the Killing the King That he offered 500 l. out of his own purse for carrying on the Plot and particularly that part of Killing the King That the Prisoner himself had tempted one of the Witnesses to Kill the King with several other Circumstances tending to that and the General design Then Mr. Treby proceeded to call the witnesses to shew the Universal Conspiracy The first was Mr. Smith whose Education had given him great Opportunities of knowing the inside of the Papists Affairs He testified That upon his first arrival in France he came acquainted with Abbot-Montague Gascoyn and several other Priests and Jesuites who promis'd him preferment both among them and in England if he would turn Catholick for that they did not doubt but that the Popish Religion would come into England very soon as not questioning a Toleration first by which they should bring it in without Noise And Secondly because their party was very Strong in England and in a few years would be able to bring it in right or wrong That Cardinal Grimaldi whom he met by Accident in Provence told him he had great Assurances the Popish Religion would prevail in England and that there was but one that obstructed it who though a good natur'd Person yet they could not so far prevaile upon him but that they must be forc'd to take him out
of the way That in Rome he saw Colemans Letters and read them once a Month wherein he gave Intelligence of several Passages that happened in the Court how that the Duke the Queen and the cheif of the Nobility were of their side How they carried Matters what waies the Lord Clifford and Sir William Godolphin used to effect the work and that they did not Question but to get the Lord Treasurer Danby on their side That coming into England he found the Popish Clergy of England of the same Opinion that they did not doubt the Romish Religion would soon come in That he knew nothing as to the Lord Stafford but only that one Smith wrote a Letter up to the Lord Stafford out of the North near where he lived to complain of two or three Justices of the Peace that were active against Popery Upon which Sir Henry Calverley was turned out of Commission That upon the first Glimpses of the discovery the aforesaid Smith writing to the Prisoner whether he intended to make over his Estate or no The Prisoners Answer was That several did but he would not in regard he expected a sudden alteration of the Government and Religion Mr Dugdale being called next upon the General Plot gave an accompt That he had been acquainted with a design for bringing in the Popish Religion about Fifteen years That he had been several times informed by Ewers his Ghostly Father that several Lords in several Parts of England were to carry it on that is that they were to have Money and Arms ready for those that wanted upon the death of the King That he had seen several Letters from Paris Rome and St. Omers encouraging Mr. Ewers to goe on and encourage the rest that were engaged That he heard nothing till lately about Killing the King That there came a Letter from the Prisoner to Ewers to shew that things went on all well beyond Sea and hoped they did so here That of late he had been with several Priests and Gentlemen in the Countrey when they have had Consultations for introducing their own Religion and taking away the Kings Life which was alwaies intended to be effected either in November December or January 1678. That he received 500 l. at one time which he gave to Mr. Ewers who return'd it to London to carry on the design That it was agreed that the Lord Aston Sir James Symons and others should go in October 1678. to dispose of a certain Quantity of Arms which they had received somwhere to the value of 30000 l. That he was by when he heard it discours'd that the King of France was acquainted with the design and that he had promis'd to furnish the Papists with Men and that he would not be wanting with other Assistances That he opened a Letter sent to Mr. Ewers dated the day of Sir Edmund-Bury Godfrey's Murder containing this Expression This night Sir Edmund-Bury Godfrey is dispatched That Sir James Symonds the Lord Aston Mr. Draycot Mr. Howard and Mr. Gerard did to his knowledge contribute toward the carrying on of the charge for raising Arms and paying for them and saw Letters from beyond Seas that all things were ready as to the Arms and that there wanted only Orders how they should be dispos'd That Mr. Gawen declared in the private Chappel at Boscobel that whosoever was active for introducing the Romish Religion or killing the King should have a free Pardon of all his sins That he had heard that when the King should be kill'd several should be provided with Arms and rise of a suddain upon the Protestants and cut their Throats That he had heard of Mr. Oates and Bedlow before the Plot was detected that they were Messengers entrusted but no otherwise That he saw a Letter from Whitebread to Oates cautioning him whom he entrusted in the design not mattering who they were so they were stout and trusty That he heard the Pope had promised to assist the Irish with Men and Money and that there should be nothing wanting on his part Mr. Prance being next called declared That one Singleton a Priest in the year 1678. told him at one Hall's a Cook in Ivy-Lane that he did not fear but in a little time to be a Priest in a Parish-Church and that he would make no more to stab forty Parliament Men than to eat his Dinner Dr. Oates being called declared That in the year 1676. he was advised by one Kemish and one Singleton both Priests to hasten betimes home to the Church of Rome for that the Protestant Religion was upon its last Legs That being sent by the Jesuites to Valladolid he opened certain Letters which the Jesuites in England had given him to deliver to their Cor-respondents which Letters did express what hopes they had to effect their design in England for carrying on the Catholick cause and for advancing the Interest of the Pope of Rome That Coming into England with Letters to Strange Provincial of the Jesuites he found Keines lying ill upon Strange's Bed at what time Keines said he was sorry that honest William meaning Grove that was hang'd had miscarryed All this in the year 1677. But generally that they had been brooding over their design long before the Fire In 1678. He observed by several Letters that they were as busie in Ireland as in England and that the Talbots and others were very busie in raising Forces and were resolved to let in the French King if the Parliament should urge the King to break with France And that Morgan was sent into Ireland as a Visitor to take an accompt of the readiness of the Irish That in March intelligence came to the Jesuites of an Attempt that had been made upon the King but that he had escaped through the negligence of Pickering in fixing the Flint of his Fire-lock Mr. Dennis an Irish man being then sworn confirm'd Dr. Oats's being in Spain and particularly at Valladolid where he knew him a Student That from thence he carried a Letter from him to the Archbishop of Tuam who in discourse told him that Oats would be a fit man for their Purpose saying farther that Plunket the Titular Primate of Ireland was resolv'd with the first convenience to go for Ireland to carry over a French Power with him to support the Roman Catholicks in England and Ireland and that he himself would not be long out of Ireland to assist in that pious work That he had both heard of and seen money gathered in Ireland for the support of the Plot. Then Mr. Jenison declared that he had heard Mr. Ireland and Mr. Jenison both Jesuits speak of a Design on foot to gain a Toleration by procuring a great sum of Money from their Party and bribing the Parliament and also of securing the D. or York's Succession That at another time he heard Mr. Ireland say that the Roman Catholick Religion was like to come into England and that there was but one stood in the way and that it
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
Treason should be pronounced upon the Prisoner Which being concluded the Lords return'd to the Court and the Lord High Steward attended by all the Officers before-mention'd upon their Knees directed his Speech to the Prisoner to this Effect That what his Lordship had said in Arrest of Judgment was found to be of no Moment at all it being no Essential part of any Tryal neither was there any Record made of it when it was done That as for the Proviso's of the 13 th Year of this King their Lordships found that they were in no sort applicable to his Lordships Case the proceedings against him not being grounded upon that Statute That no Man would have thought that a Person of his Quality so nobly descended so considerable in Estate so eminent a Sufferer in the late Times so interested in the Preservation of the Government so obliged to the Moderation of it and so personally and particularly oblig'd to the King and his Royal Father should ever have enter'd into a Conspiracy to contrive the Murther of the King Ruin of the State and Subversion of Religion and yet his Impeachment amounted to no less and the Lords have found him Guilty That as the Plot in general had been most manifest so his Lordships Part in it had been too plain Three things therefore he recommended to his Lordship's Consideration That he was now fallen into the very Pit that he was digging for others That he would think a little better than he had done what kind of Religion it was that had brought him to the Destruction that was like to befall him Lastly That he would consider that true Repentance is never too late That there were some that thought it a Mortal Sin to confess that Crime in Publick for which they had been absolv'd in Private but that God forbid his Lordship should be found among the number of those poor mistaken Souls Then assuring him that their Lordships would not cease to pray that the End of his Life might be Christian and Pious He concluded That it was then the last time he was to call him My Lord for that his next words would attaint him And having so said he pronounced the Sentence of the Court which was That he was to be Hang'd Drawn and Quarter'd The Day for Execution being appointed to be the 29 th of the same Month two Writs were issued out under the Great Seal of England the first to the Lieutenant of the Tower in Form following CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor ’ c. Locumtenenti Turris nostrae London ' salutem Cum Will ' Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ' de altâ proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ’ commissis impetit ’ fuit ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ' triat ' convict ' debita juris forma attinct ’ fuit morti adjudicat ’ existit Cujus quidem Judicii Executio adhuc restat facienda Cumque praedictus Vicecomes Stafford in Turri nostra London sub custodiâ tuâ deâ—ent ’ existit Praecipimus tibi per praesentes firmiter injungendo mandamus quòd in super vicesimum nonum diem instantis mensis Decembris inter horas nonam undecimam ante Meridiem ejusdem dici ipsum Vicecomitem Stafford usque locum usualem extra Portam Turris praedictâ— ducas ac ipsum Vicecomitibus Civitatis nostrae London Middlesex adtunc ibidem deliberes Quibus quidem Vicecomitibus nos per aliud Breve eis inde direct ’ praecepimus praedictum Vicecomitem Stafford adtunc ibidem recipere ut fiat Executio Judicii praedicti modo formâ prout dictis Vicecomitibus London Middlesex per aliud Breve nostrum praedictum praecepimus Et hoc nullatenus omittas sub periculo incumbente aliquo Judicio Lege Ordinatione seu Mandato praeantea habit ’ fact ’ ordinat ’ seu dat ’ in contrarium non obstante Teste meipso apud Westm decimo octavo die Decembris Anno Regni nostri tricesimo secundo BARKER Englished thus CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Lieutenant of Our Tower of London Greeting Whereas William Viscount Stafford has been impeach'd by the Commons of our Kingdom of England in Parliament Assembled of High Treason and several other Crimes and Offences by him perpetrated and committed and thereupon by our Lords Temporal in our present Parliament conven'd has been tried and convicted and in due Form of Law was attainted and adjudg'd to die Of which Judgment Execution yet remains to be done And whereas the said Viscount Stafford is detain'd in your Custody in our Tower of London We charge and by these presents firmly enjoyning command you That in and upon the twenty ninth day of this Instant December between the hours of Nine and Eleven before Noon of the same Day you conduct the said Viscount Stafford to the Usual Place without the Gate of the Tower aforesaid and him then and there deliver to the Sheriffs of our City of London and Middlesex To which Sheriffs We by another Writ to them directed have given Command the aforesaid Viscount Stafford then and there to receive that Execution of the aforesaid Judgment may be done in Manner and Form as we have given Command by our other Writ to the said Sheriffs of London and Middlesex And of this you are not to fail upon peril thereon to ensue Any Judgment Law Ordinance or Command before had made ordain'd or given to the contrary notwithstanding Witness Our Selves at Westminster the 18 th Day of December in the 32 d. Year of Our Reign The Second Writ was directed to the Sheriffs of London and Middlesex in Form following CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Vic ’ London Vic ’ Middlesex salutem Cum Will ’ Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ’ de altâ proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ’ commissis ’ impetit ’ fuit Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ’ triat ’ convict ’ debitâ juris formâ attinct ’ fuit morti adjudicat ’ existit Cujus quidem judicii Executio adhuc restat facienda praecipimus vobis per praesentes firmiter injungendo mandamus quòd in super vicesimum nonum diem hujus instantis Decembris inter horas nonam undecimam ante meridiem ejusdem diei dictum Vicecomitem Stafford extra Portam Turris nostrae London vobis tunc ibidem deliberandum prout per aliud Breve Locumtenenti Turris nostrae London directum praecepimus in custodiam vestram
adtunc ibidem recipiatis ipsum sic in custodia vestra existentem statim usque usualem Locum super le Tower-hill ductatis Ac Caput ipsius Willi. Vicecomitis Stafford adtunc ibidem amputari ac à Corpore suo omnino separari faciatis aliquo Judicio Lege Ordinatione seu Mandato preantea habit ’ fact ’ ordinat ’ seu dat ’ in contrarium non obstante Et hoc sub periculo incumbente nullatenus omittatis Teste meipso apud Westm decimo octavo die Decembris Anno Regni nostri tricesimo secundo BARKER Englished thus CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Sheriffs of London and Sheriffs of Middlesex Greeting Whereas William Viscount Stafford has been Impeached by the Commons of our Kingdom of England in Parliament Assembled of High Treason and other Crimes and Offences by him perpetrated and committed And thereupon by the Lords Temporal in our present Parliament conven'd was try'd convicted and in due Form of Law attainted and is adjudg'd to die of which Judgment Execution yet remains to be done We charge and by these Presents firmly conjoyning command you That in and upon the 29 th Day of this Instant December between the hours of Nine and Eleven before Noon of the same Day that the said Viscount Stafford without the Gate of our Tower of London then and there to be to you deliver'd as by another Writ to the Lieutenant of our Tower of London directed we have given Command you then and there receive into your Custody and him so being in your Custody that you presently conduct to the usual place upon Tower-hill and cause the Head of him William Viscount Stafford then and there to be chop'd off and altogether separated from his Body any Judgment Law Ordinance or Command before had made ordain'd or given to the contrary notwithstanding And of this upon penalty thereof to ensue you are not to fail Witness our selves at Westminster the 18 th day of December in the 32 d. year of our Reign Upon Wednesday the 29 th of December about Ten of the Clock in the Morning the Sheriffs received the Prisoner from the Lieutenant of the Tower and conducted him to the Scaffold Upon which the Prisoner being come after a short pause produc'd a Paper out of his Pocket which contain'd the following Speech which he read with his Hat off and gave several Copies thereof Signed with his own Hand to Sheriff Cornish and other Gentlemen about him THE SPEECH OF WILLIAM HOWARD Late Lord Viscount Stafford Vpon the Scaffold on Tower-Hill immediately before his Execution Wednesday Decemb. 29. 1680. BY the permission of Almighty God I am this day brought hither to suffer Death as if I were guilty of High Treason I do most truly in the presence of the Eternal Omnipotent and All-knowing GOD protest upon my Salvation That I am as Innocent as it is possible for any man to be so much as in a Thought of the Crimes laid to my Charge I acknowledge it to be a particular Grace and Favour of the Holy Trinity to have given me this long Time to prepare my self for Eternity I have not made so good use of that Grace as I ought to have done partly by my not having recollected my self as I might have done and partly because not only my Friends but my Wife and Children have for several dayes been forbid to see me but in the presence of one of my Warders This hath been a great Trouble and Distraction unto me but I hope God of his Infinite Mercy will pardon my Defects and accept of my good Intentions Since my long Imprisonment I have considered often what could be the Original Cause of my being thus accused since I knew my self not culpable so much as in a Thought and I cannot believe it to be upon any other Account than my being of the Church of Rome I have no reason to be ashamed of my Religion for it teacheth nothing but the Right Worship of God Obedience to the King and due Subordination to the Temporal Laws of the Kingdom And I do submit to the Articles of Faith believed and taught in the Catholick Church believing them to be most consonant to the Word of God And whereas it hath so much and often been objected that the Church holds That Sovereign Princes Excommunicated by the Pope may by heir Subjects be Deposed and Murdered as to the Murder of Princes I have been taught as a matter of Faith in the Catholick Faith that such Doctrine is diabolical horrid and detestable and contrary to the Law of God Nature and Nations and as such from my Heart I renounce and abominate it As for the Doctrine of deposing Princes I know some Divines of the Catholick Church hold it but as Able and Learned as they have writ against it But it was not pretended to be the Doctrine of the Church that is any point of Catholick Faith Wherefore I do here in my Conscience declare That 't is my true and real Judgment That the same Doctrine of deposing Kings is contrary to the Fundamental Laws of this Kingdom injurious to Sovereign Power and consequently would be in me or any other of his Majesties Subjects impious and damnable I believe and profess that there is one God one Saviour one Holy Catholick Church of which through the Mercy Grace and Goodness of God I die a Member To my great and unspeakable Grief I have offended God in many things by many great Offences but I give him most humble thanks not in any of those Crimes of which I was accused All the Members of either House having liberty to propose in the House what they think fit for the Good of the Kingdom accordingly I proposed what I thought fit the House is judge of the fitness or unfitness of it and I think I never said any thing that was unfitting there or contrary to the Law and use of Parliaments for certainly if I had the Lords would as they might have some way punished me So t am not culpable before God or Man It is much reported of Indulgences Dispensations Pardons to Murder Rebell Lye Forswear and commit such other Crimes held and given in the Church I do here profess in the Presence of God I never learned believed or practised any such things but the contrary and I speak this without any Equivocation or Reservation whatsoever And certainly were I guilty either my self or knew of any one that were guilty whosoever that were so of any of those Crimes of which I am accused I were not only the greatest Fool imaginable but a perfect Mad-man and as wicked as any of those that so falsly have accused me if I should not discover any ill Design I knew in any kind and so upon discovery save my Life I having so often had so fair occasions proposed unto me and so am guilty
so made by his Mother in whose Reign there would be no difficulty of doing it And farther that the Declaration of Indulgence and the War against Holland were in Order to the introducing of the Catholick Religion into England And the same Author reported to him That Madam came over to Dover about the same design That he knew several Commanders in the Army mustered upon Black-Heath to be Roman-Catholick's and that it was the common Intelligence and Opinion among them that the said Army was rais'd to bring in the Romon-Catholick-Religion into England That in the Year 1679. Marquess Montecuculi the D. of Modena's Envoy told him if he would undertake to kill the King either in his own Person or by any other he should have Ten-Thousand pound That the same Marquess told him that upon killing the King the Army in Flanders and Parts adjoying to France was to come over to destroy the Protestant-Party after which there should be no more Parliaments in England and that the D. of Y. was privie to all these designs That in the Year 1680. He met Kelley the Priest at Calice who owned himself to be one of the Murtherers of Sir Edmundbury Godfrey and that the same was done much as Prance had related it and That Monsieur De-Puy a Servant to the D. of Y. had told him soon after the said Murther was committed that the said Murther was consulted at Windsor and farther told him that there was a necessity of taking off the King and that it would soon be done with some other passages of less remark to the same purpose Upon this Information Mr. Secretary Jenkins was Ordered to go up and impeach the said Fits-Harris at the Barr of the Lords House In the mean time that is to say in the forenoon of the next day being Saturday the 26 of March other Examinations of Mr. John Serjeant and David Maurice relating to the Popish-Plot were Read and Ordered to be Printed That of Serjeant was short that a Gentlewoman an Acquaintance of his in Flanders one Mrs. Skipwith told him That Gawen one of the Five Jesuits which were Hang'd had maintain'd against a scruple of Conscience by her put that the Queen might not only lawfully kill the King for violating her Bed but was bound to do it and that if she did not she was guilty of his greater Damnation in letting him continue so long Maurice's Information was shorter That he heard the Gentlewoman confirm the Truth of Gawens words Presently after the House taking into debate the means for the security of the Protestant Religion and safety of his Majesties Person came to a Resolution that a Bill should be brought in for excluding James D. of York from Inheriting the Imperial Crowns of England and Ireland and the Dominions and Territories thereto belonging The same Day in the Afternoon the House being inform'd that the Lords had refus'd to proceed upon their Impeachment of Edward-Fits-Harris and had directed that he should be proceeded against at Common-Law They came to three Resolves That it was the undoubted Right of the Commons in Parliament assembl'd to impeach before the Lords in Parliament any Peer or Commoner for Treason or any other Crime or Misdemeanour and that the Refusal of the Lords to proceed in Parliament upon such an Impeachment was a denial of Justice and a violation of the Constitution of Parliaments Secondly That in the Case of Edward Fits-Harris who had been impeach'd by the Commons for High Treason before the Lords with a Declaration that in convenient time they would bring up Articles against him for the Lords to resolve That the said Fits-Harris should be proceeded against according to the Course of Common-Law and not by way of Impeachment in Parliament at that time was a violation of the Constitution of Parliaments and an Obstruction to the farther Discovery of the Popish-Plot and of great danger to his Majesties Person and the Protestant-Religion Thirdly for any Inferiour Court to proceed against Edward Fits-Harris or any other Person lying under an Impeachment in Parliament for the same Crime for which they stood impeached was a High breach of the Priviledge of Parliament After this they Ordered two Bills to be brought in The one for the better Uniting his Majesties Protestant-Subjects The other for banishing the most considerable Papists in England by their Names out of his Majesties Dominions Munday the Twenty-eighth Day of March and last of the Session little remarkable pass'd only the Bill of Exclusion was read a Second time But these and all other their debates that Morning put a suddain Conclusion for soon after being sent for by the King to the House of Lords his Majesty told them That their beginnings had been such that he could expect no good success of this Parliament and therefore thought fit to dissolve them and accordingly the Chancellor by the Kings command declared the Parliament dissolv'd After the Dessolution of the Parliament the King went back to Windsor the same Day and from thence after a stay of some few Hours returned to White-Hall Fame I will not ask Thee what were the Coffee-Houses Censures and Comments upon an Action of so much importance and so suddain as this Truth No for if Thou didst it would be to no purpose For Thou knowest I have little to do there but the first thing that I saw in Publick upon the Stalls was a Half-sheet of Paper entitled The Protestation of the Lords Upon rejecting the Impeachment of Mr. Fits-Harris giving for Reasons why it was the undoubted Right of the Commons so to do because great Offences that influence the Parliament were most effectually determined in Parliament nor could the complaint be determin'd any where else For that if the Party should be Indicted in the Kings Bench or any other Inferiour Court for the same Offence yet it were the same Suit an Impeachment being at the suite of the People but an Indictment at the suite of the King Besides that they conceived it to be a denial of Justice in regard the House of Peers as to Impeachments proceeding by Vertue of their Judicial not their Legislative Power could not deny any Suitors but more especially the Commons of England no more then the Courts of Westminster or any other Inferiour Courts could deny any Suite or Criminal Cause regularly Commenced before them Sign'd according to the Printed Copy Monmuoth Kent Huntington Bedford Salisbury Clare Stamford Sunderland Essex Shaftsbury Macclesfield Mordant Wharton Paget Grey of Wark Herbert of Cherbury Cornwallis Lovelace Crew Upon the Munday next after Easter-Week came forth His Majesties Declaration shewing the Causes and Reasons that mov'd him to dissolve the Two last Parliaments Wherein after he had set forth with how much reluctancy he did it and how absolute his Intentions were to have comply'd as far as would have consisted with the very being of the Government with any thing that could have been propos'd to him for preserving the Establish'd Religion
Baronet Borough of Harwich Sir Philip Parker Baronet Sir Thomas Mydalton Knight GLOUCESTERSHIRE 8. Sir Ralph Dutton Baronet Sir John Guise Baronet City of Gloucester Charles Lord Durseley * Charles Somerset Lord Herbert Borough of Cirencester Sir Robert Atkins Jun. Knight Henry Powle Esq Borough of Tukesbury Sir Henry Capel Knight of the Bath Sir Francis Russel Baronet HEREFORDSHIRE 8. John Viscount Scudamore Sir Edward Harley Knight of the Bath City of Hereford Paul Foley Esq * Henry Aubrey Esq Borough of Lempster John Dutton Colt Esq Thomas Conings by Esq Borough of Webley John Birch Esq John Booth Esq HERTFORDSHIRE 6 Sir Charles Caesar Knight * William Hales Esq Borough of St. Albans Sir Thomas Pope Blount Baronet Samuel Grimston Esq Borough of Hertford Sir Thomas Bide Knight Sir William Couper Baronet HUNTINGTONSHIRE 4 Sir Thomas Proby Baronet Silas Titus Esq Borough of Huntington Sidey Wortley alias Mountague Esq Lionel Walden Esq KENT 10. Sir Vere Fane Knight of the Bath Edward Dering Esq City of Canterbury * Lewis Watson Esq * Vincent Denn Esq City of Rochester Sir John Banks Baronet * Sir Francis Clerk Knight Borough of Maidstone Sir John Tufton Knight and Baronet Thomas Fane Esq Borough of Quinborough William Glonvil Esq * Gerard Gore Esq LANCASTER 14. Charles Lord Brandon Sir Charles Houghton Barronet Borough of Lancaster Richard Kirkby Esq William Spencer jun. Esq Borough or Town of Preston in Amounderness Sir Robert Carr Knight and Baronet Sir Gervas Elwes Baronet Borough of Newton Sir John Chicheley Knight Andrew Fountain Esq Borough of Wigon * Richard Lord Colchester Charles Earl of Ancram Borough of Clithero Sir Thomas Stringer Knight * Henry Marsden Esq Borough of Leverpool Ruishee Wentworth Esq John Duobois Merchant LEICESTER 4. Bennet Lord Sherrard Sir John Hartop Baronet Town of Leicester John Gray Esq Sir Henry Beaumont Knight LINCOLN 12 George Lord Viscount Castleton Sir Robert Carr Knight and Baronet City of Lincoln * Sir Thomas Hussey Knight Sir Thomas Meers Knight Borough of Beston Sir Anthony Irby Knight Sir William York Knight Borough of Great Grimsby William Broxolme Esq George Pelham Esq Town of Stamford Sir Richard Cust Baronet VVilliam Hyde Esq Borough of Grantham Sir VVilliam Ellis Baronet Sir John Newton Baronet MIDDLESEX 8. Sir VVilliam Robarts Knight * Nicholas Raynton Esq City of VVestminster Sir VVilliam Poultney Knight Sir VVilliam VValler Knight London Sir Robert Clayton Knight Alderman Thomas Pilkington Esq Alderman Sir Thomas Player Knight VVilliam Love Esq MONMOUTH 3. Sir Trevor VVelliams Baronet Sir Edward Morgon Knight Borough of Monmouth John Arnold Esq NORFOLK 12. Sir John Hobart Baronet Sir Peter Gleen Baronet City of Norwich William Lord Paston Augustin Briggs Esq Town of Lyn-Regis * Sir Henry Hobart Knight Simon Taylor Esq Town of Great Yarmouth * Sir James Johnson Knight George England Esq Borough of Thetford Sir Joseph Williamson Knight William Harbord Esq Borough of Castlerising Sir Robert Howard Knight James Hoste Esq NORTHAMPTON 9. John Parkhurst Esq Miles Fleetwod Esq City of Peterborough * William Lord Fitz-Williams Francis St. John Esq Town of Northampton Ralph Montague Esq Sir William Langham Knight Town of Brackley Sir Richard VVenham Baronet * VVilliam Lisle Esq Borough of Higham-Ferries Sir Rice Rud Baronet NORTHUMBERLAND 8. Sir John Fenwick Baronet Sir Ralph Dalaval Baronet Town of Newcastle upon Tine Sir Ralph Carr Knight Sir Nathaniel Johnson Knight Borough of Morpeth Sir George Downing Knight and Baronet Daniel Collingwood Esq Town of Berwick upon Tweed Ralph Grey Esq John Rushworth Esq NOTTINGHAM 8. Sir Scroop How Knight John White Esq Town of Nottingham Robert Pierrepoint Esq Richard Slater Esq Borough of East-Retford Sir Edward Nevile Knight and Baronet Sir William Hickman Baronet Town of Newark upon Trent Sir Robert Markham Baronet Sir Richard Rothwel Baronet OXON 9. Thomas Hord Esq * Sir Philip Harcourt Knight University of Oxon. Sir Lionel Jenkins Knight Charles Perrot Dr. of Laws City of Oxon. William Wright Esq Broom Whorhood Esq Borough of New-woodstock * Henry Barty Esq Nicholas Baynton Esq Borough of Banbury Sir John Holman Baronet RUTLAND 2. Philip Sherrard Esq * Edward Fawkener Esq SALOP 12. Richard Newport Esq William Levison Gower Esq Town of Salop. Sir Richard Corbet Baronet Edward Kinnaston Esq Borough of Burges alias Bridgnorth Sir William Whitmore Baronet Sir Thomas VVhitmore Knight of the Bath Borough of Ludlow Francis Charleton Esq * Charles Baldwyn Esq Borough of Great VVenlock John VVoolriche Esq VVilliam Forrester Esq Town of Bishops Castle Sir Richard Mason Knight * Richard More Esq SOMERSET 18. Sir VVilliam Portman Baronet George Speke Esq City of Bristol * Sir Richard Hart Knight * Thomas Earle Esq City of Bath * Maurice Viscount Fitzharding * Sir VVilliam Basset Knight City of Wells William Coward Esq John Hall Esq Borough of Taunton Edmund Prideaux Esq John Trenchard Esq Borough of Bridgwater Sir Haswel Tynt Baronet * Sir John Mallet Knight Borough of Minehead Francis Lutterel Esq Thomas Palmer Esq Borough of Ilcester * Sir John St. Barb. * Thomas Hoddy jun. Esq Borough of Milburn-Port John Hunt Esq Henry Bull Esq SOUTHAMPTON 6. * Charles Earl of Wiltshire Sir Francis Rolle Knight City of Winchester James Lord Annesly Sir John Cloberry Knight Town of Southampton Sir Charles Wingham Knight Sir Benjamin Newland Knight Town of Portsmouth George Legg Esq Richard Norton Esq Borough of Yarmouth * Sir Thomas Littleton Baronet Lemuel Kingdon Esq Borough of Petersfield Sir John Norton Baronet Leonard Bilson Esq Borough of Newport alias Medona Sir Robert Dillington Baronet John Leigh Esq Borough of Stockbridge * Essex Stroud Esq Oliver St. Johns Esq Boroagh of Newton Daniel Finch Esq Sir John Holmes Knight Borough of Christ-Church Sir Thomas Clarges Knight George Fulford Esq Borough of Whitchurch Richard Ayleffe Esq Henry Wallop Esq Borough of Limington Henry Dawley Esq John Burrard Esq Town of Andover * Charles West Esq * John Collins Esq STAFFORDSHIRE 10. Sir Walter Baggot Baronet Sir John Bower Baronet City of Lichfield Daniel Finch Esq Michael Biddulph Esq Borough of Stafford Sir Thomas Armstrong Kt. * Edwyn Skrymsher Esq Borough of Newcastle under Line Sir Thomas Bellot Bar. William Leveston Gower Esq Borough of Tamworth Sir Thomas Thynne Bar. by one Indent * Sir John Swynfen Esq by one Indent John Swynfen Esq by another Indenture * John Turton Esq by another Indenture SUffOLK 16. Sir Samuel Barnardiston Bar. Sir William Spring Bar. Borough of Ipswich John Wright Esq Sir John Barker Bar. Borough of Dunwich Sir Robert Kemp Bar. Sir Philip Skippon Knight Borough of Orford Sir John Duke Bar. * Thomas Glemham Esq Borough of Alborough John Bence Esq John Corrance Esq Borough of Sudbury Sir Gervase Elwes Bar. Garvasa Elwes Esq Borough of Eye * Sir Robert Reve Bar. * Sir Charles Gaudey Knight Bar. Borough of St Edmondsbury Sir Thomas Harvey Knight Themas Jermyn Esq SURREY 14. Arthur Onslow Esq George Evelyn of Wotton Esq Borough of Southwark Sir Richard How
whereas the Sum of Five hundred Eighty four thousand nine hundred seventy eight Pounds two shillings two pence was rais'd by Act of Parliament for the speedy building Thirty Ships of War and thereby appropriated to that use and whereas it was Provided by the said Act That the Treasurer of the Navy should keep the said Money apart and pay it forth to no other use or intent but only for the building and Rigging of the said Thirty Ships Yet that he contrary to the said Act and his duty did lend the sum of 90000 l. Parcel of the said Mony at Eight percent for the support and continuance of an Army that then ought to have been disbanded by Act of Parliament whereby two Acts were Eluded and the Army Continu'd to the great hazard and danger of the Peace and Safety of the Nation Secondly That whereas the Pole-mony was rais'd by Act of Parliament to enable his Majesty to enter into an Actual War against the French King and only for that use And whereas certain Eastland Merchants did undertake to furnish his Majesties Stores upon assurance of Forty thousand pounds parcel of the said Mony deposited in the hands of the said Mr. Seymour as was by him acknowledged yet that he the said Mr. Seymour pay'd away the said Forty thousand pounds to the Victuallers of the Navy by way of advance and for Provisions not brought in Whereas by the Provision of the Act the said Money should have been paid to the said East-land Merchants Thirdly That norwithstanding he had 3000 l. a year for attending the Office of Treasurer yet that out of the Money appointed for secret service he received 3000 l. a year more which was duly paid him as well during the Sessions as during the Intervals of Parliament and particularly during the Prorogation of Fifteen Months Fourthly That on or about the Eighteenth year of his Majesties Reign during the Dutch War the said Ed. Seymour being one of the Commissioners of Prize Goods did fraudulently and in deceit of his Maiesty unlade a certain prize Ship taken from the Dutch without any Authority for so doing and sell the Goods pretending them to be only Muscovado Sugars And accompted with his Majesty for such whereas in truth the Ship was laden with Cocheneel and Indico goods of great value Saturday the Twenty seventh of November nothing was done to the advantage of this Compendium only that whereas the Commons had sent a Message to the Peers to desire them to appoint a Committee to joyn with a Committee of theirs for adjusting the Methods and Circumstances relating to the Tryals of the Lords in the Tower the Lords return'd their Answer this day That they had appointed a Committee of their Members in Complyance with the Message of the Commons to which purpose they had appointed five Lords to meet in the afternoon in the Court of Wards Where upon the Commons elected ten of their Members to meet the said Lords according to the appointment Monday November 29. nothing was done remarkable to our purpose In the afternoon according to appointment the House attended his Majesty in the Banquetting House where they presented him with their Address in Answer to his Message relating to Tangier to this Effect That having taken into their serious consideration his Majesties late Message relating to Tangier could not but accompt the present Condition of it after so vast a Treasure expended to make it useful not only as one Infelicity more added to the afflicted State of the Nation but as the result of those Counsels which had brought his Majesties Person and Kingdoms into those imminent Dangers which at present surrounded them that they were the less surpriz'd to hear of the Exigence of Tangier remembring that since it became a part of the English Dominions it had been several times commanded by Popish Governours in particular a Lord impeached and in the Tower for the Popish Plot and that the supplies sent thither consisted most of Popish Officers and Soldiers And therefore as to his Majesties recommendation of it to their Care they did with all Humility and reverence Answer That though in due time they should omit nothing incumbent upon them for preservation of every part of his Majesties Dominions yet when such a storm of Ruin and Confusion threatn'd the Land to come to any resolutions in that matter before they were secured from the dangers arising from the Power of Popish Persons and Councils they did not conceive would consist either with their duty or their Trust Then they dilated upon the restless endeavours of the Popish Party the miraculous discovery of their designs and their Continu'd influence at Court and the Arbitrary proceedings of corrupted Justice in the intervals of Parliament all which they represented at large to his Majesty And therefore out of their Allegiance to his Majesty their Zeal to Religion their faithfulness to their Country they had upon mature deliberation propos'd one Remedy of those great Evils without which all others would prove vain and fruitless So that if after all the Private Suggestions of the accomplices of the Popish Party should yet prevail to obstruct their faithful Endeavours they should have this remaining Comfort to have freed themselves from the Guilt of that blood and desolation which is like to ensue But yet that their only hope next under God was in his Majesty that by his great wisdom and goodness they should be secur'd from Popery and all the Evils attending it and that none but Persons of known Fidelity to his Majesty and sincere affection to the Protestant Religion should be put into any employment Civil or Military that while they should give a Supply to Tangier they might be assur'd they did not augment the strength of the Popish adversary nor encrease the publick danger Which desires of theirs if his Majesty would vouchsafe to grant they would not only be ready to assist his Majesty in defence of Tangier but do whatsoever else should be in their power to enable his Majesty to protect the Protestant Religion both at home and abroad and to repel the attempts of his and the Kingdoms Enemies Fame What was the Answer which his Majesty was pleas'd to give to this Address Truth I find no mention of any in the accompt which the Commons gave of their own Transactions which makes me forbear to insert the Vulgar Reports And now between the next day which was the Thirtieth of November and the Eighth of December you must expect a vacancy of Parliamentary business both Houses being busied in the Tryal of the Lord Stafford from day to day till that time For though the House did sit in the Afternoons yet it was either to release Prisoners or hear Petitions which are things altogether out of our Diocess The Tryal began the Thirtieth of November 1680. and continu'd till the Seventeenth of December following The first day the Lord High Steward Heneage Lord Finch Lord High Chancelor of England