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

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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
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
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
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
over The next day being Thursday the 9 th of December Colonel Birch reported from the Committee appointed to examine the Matter of Information given by Mr. Peter Norris that the Committee having taken the same into their Consideration had not thought fit to come to any Resolution therein but had order'd him to report the Matter specially which he did accordingly to this Effect That upon the Complaint of Mr. Norris that several Papers had been taken from him sent for the said Papers then in a Chest in the Council Chamber That the occasion of Mr. Norris's going beyond Sea both by the said Papers and by a Certificate delivered by the Earl of Essex to the Chairman of the Committee and by Dr. Tong 's Instructions appear'd to be to fetch over one Dowdel an Irish Priest who had been conversant with the Priests in France and Ireland that manag'd the Plot in England and Ireland and by that means was privy to the whole Plot which he had made known by several Leters to Dr. Tong perused by the Earl of Essex besides that Satisfaction was given by a known Merchant in London that the said Dowdal was an understanding Person and fit to be credited That by an Order of Council the 18 th of July 1679. the said Dowdal was permitted to come from Dover and stay for a Month. That after the said Order for his coming Dowdal died not without Suspition of a violent Death That upon Examination how it came to pass that Norris was in so much danger beyond Sea particularly at his coming Aboard the Calice Pacquet-Boat that he was Imprisoned at Dover brought from Dover by a Messenger was a particular Descriprion given of him to Mr. Secretary Jenkins the 29 th of May 1680. That upon Examination who gave this Description They found that Thomas Sheridon who had lately been with the D. at Brussels and came over with him in the same Yacht carried the said Description to the Duke and that it was brought him by one Anthony Day Doctor of Physick to the late Army in Flanders That Day confess'd That coming one day to visit Mr. Sheridon he told him in Discourse That now the whole Plot would be discovered For he heard there was one gone beyond Sea to fetch over a Priest that knew it all That Mr. Sheridon desir'd him to describe the Person to which he reply'd He knew neither the Person nor the Priest but that one John Butler near the French Ambassador's had told him so That Mr. Sheridon desired him to get a Description which he did writing the same from the said Butler's own Mouth all but the last Line which Butler was since dead That Sheridon had confess'd that he did go to the said Secretary Jenkins and told him that there was one gone over who knew as much of the Plot as any Man That the Secretary commanded him to give him a Description of the Person That thereupon he did go to Mr. Day for the Description which Mr. Day gave him and so he delivered it to the Secretary They found also that the Description so delivered a Letter was written by Mr. Cook which the Secretary declar'd he would take upon himself to this Effect That the Secretary being call'd away hastily to wait upon the King at Windsor had commanded him to send the Inclosed Description of a Person to such a one who was to keep a strict Eye over him and his Company if they Landed at Dover till they should be carried before a Magistrate who was to tender them the Oath of Allegiance and Supremacy which if they refus'd then they were to be sent to Prison if they took them some handsom Course was to be taken to detain them till the Secretary was acquainted with what was done Vpon which Norris was committed to the Common Prison All which being of a more than ordinary Nature was refer'd by the Committee to the Wisdom of the House The next day being Friday the 10 th of December the House took the Report aforesaid into Consideration and the Secretary having given an Account of his Proceedings therein withdrew Nor was it long after before the House came to a Resolve That the Imprisonment of Norris was illegal and that the Proceedings of Sir Lyonel in describing the Person of Norris and directing his Imprisonment was Illegal and Arbitrary and an Obstruction to the Evidence for Discovery of the Plot. Saturday December 11. nothing remarkable occurr'd Neither did Monday the 13 th of the same Month produce any thing more considerable than an Order that the Respective Members of Parliament and Barons of the Cinque-Ports should for the Places for which they serv'd with all convenient speed bring in Lists of all Papists and reputed Papists within the several Counties Cities Boroughs and Cinque-ports of England The next day being Tuesday the 14 th of December Sir Robert Peyton was call'd to an Account upon a Report from the Committee appointed to examine the Information against him given in by Sir William Roberts which being read it was Voted by the House That it appear'd both by the Reports and by his own Confession that he had had secret Negotiation with the Duke of York by means of the Earl of Peterborough Cellier and Gadbury when they were turning the Popish Plot upon the Protestants Whereupon it was presently order'd that he should be expelled the House which was done the next day with so severe a Reprimand as sufficiently shew'd the Indignation of the House against his Proceedings Wednesday the 15 th of this Month his Majesty having sent for the Commons to attend him in the House of Peers was pleased to declare himself in a short Speech to this Effect That at the opening of the Parliament he had acquainted them with the Alliance made with Spain and Holland as most conducing to the Safety of England and Repose of Christendome and that if the Friendship of England should prove unsafe to trust to it could not be wonder'd that the Neighbouring States should take such Resolutions as might prove Fatal to us That he was then to tell them how little had been done since their Meeting to encourage their Dependance upon us and that he found that unless we could be so united at Home to make our Alliance valuable it would be impossible to hinder those Abroad from making our Alliances inconsistent with the publick Safety As for Tangier he told them That if they thought the place worth the keeping they must take it into speedy Consideration being an Expence otherwise above his Power Promising for his own part the fullest Satisfaction they could wish for the Security of the Protestant Religion and a Concurrence with them in any Remedies consistent with the preservation of the Succession in the Legal Course of Descent Concluding That being so ready on his part to satisfie their Desires he desired to know how he should be assisted by them and what they expected from Him This Speech being reported by the
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