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
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
Then taking into consideration the Message which had been sent them the day before by the Lords They also in concurrence with the Peers voted an Address to be made to his Majesty on their part to request the same Pardons and Favour for limited Discoverers as the Lords had already done Which being done Mr. Dangerfield of whom I question not but that you have had a sufficient accompt already was called to the Barr there to deliver his knowledge concerning the Plot. Fame That will be very necessary for my Pacquet Truth It will so and therefore you shall have it as briefly as possibly I can sum it up He declared to the House That when Mrs. C. and He waited on the Lord Peterborough to be introduced to his R. H. his Lordship ask'd him whether the Lady Powis had given him any directions how to discourse the D. and desired to know what they were Whereupon he produced a little Book which contain'd a scheme of the pretended discovery he had made of the Presbyterian Plot. Wherein his Lordship finding some Omissions order'd him to Write from his own Mouth that the Presbyterians intended to rise in the North and joyn with the Scots which done his Lordship carry'd him with Mrs. C. into the Dukes Closet at White-Hall where he delivered the said Book to the Duke who not only thank'd him for it and his diligence in the Catholick Cause but wished him success in his Undertakings Adding withall of what mighty consequence the Presbyterian Plot was if well manag'd and that he questioned not but that the effects of it would answer expectation especially in the North where he was assur'd of the Major Part of the Gentry That after that his H. in the hearing of the Lord Peterborough order'd him and Mrs. C. to be careful what they communicated to such as were to be Witnesses in the Plot for fear they should be caught in the Subornation That the D. also informed them that in a Month or two Cmmissions would be ready as from the Presbyterians to which purpose he was order'd to find out trusty persons that would be ready to accept them which should be deliver'd them by a person that should be known by them to be no other then a Presbyterian that they might be the more fit to swear in the Plot. That the D. also for their Encouragement to proceed in that sham-Plott promis'd them that he would take care that Money should not be wanting and bid them discover the same to the King with all expedition they could That the D. made divers Vows and bitter Execrations to stand by them in the thing and engag'd on his Honour to be their Rewarder That being withdrawn from thence to the Lord Peterborough's Lodgings they continu'd there till his Lordship had introduc'd Sir Robert Peyton to the Duke That about four days after the said Earl took the said M. D. again to the D's Lodgings at White-Hall who then told him that he had gained by his diligence a good reputation among the Catholicks adding withall that he should in a short time see the Catholick Religion flourish in these Kingdoms and Heresie torn up by the Roots That the D. gave him twenty Guinies and said if he would be but vigorous in what he had undertaken already he would so order it that Mr. D's life should not be in the least danger with several other Circumstances relating to the said Plot too tedious to relate Fame 'T is well enough so long as here is the main and chief substance of the rest Truth There is so and we are not to make Enlargements where we intend Epitome's Mr. Dangerfeild having made an end of his Relation withdrew But the House taking a more particular notice that he had made mention of Sir Robert Peyton in his Information presently ordered a Committee to examine the matters touching Sir Robert Peyton and to report the same and came to a Resolution Nemine Contradicente to proceed effectually to suppress Popery and prevent a Popish Successor Upon the twenty seventh of October the Address of the Commons to his Majesty in concurrence with the Lords for a Proclamation to assure all such Persons their Pardons as should make their Discoveries within two Months after the date of the Proclamation being prepar'd and finish'd by the Commitee was read in the House upon the Report of Mr. Treby and ran much to this Effect We your Majesties most Loyal Subjects the Commons of England assembled being highly zealous for the preservation of the Protestant Religion your Majesties Sacred Person and Government and resolving to pursue with a strict and impartial enquiry the execrable Papist Plot which was detected in the two last Parliaments and has been supported and carried on by potent and restless Practises and Machinations especially during the late Recesses of Parliament whereby several Persons have been terrified and discourag'd from declaring their knowledge thereof most humbly beseech your Majesty that for the security of such Persons who shall be willing to give Evidence and make further satisfactory discovery concerning the same to this House your Majesty would be pleas'd to issue your Royal Proclamation assuring all the said persons of your Gracious Pardon if they shall give such Evidence or make such Discovery within two Months after the date of the Proclamation With this Address the Speaker attended by several Members of the House waited upon his Majesty the next day in the Afternoon To which his Majesty was pleas'd to return his Answer to this Effect That he did intend to direct such a Proclamation and was resolved not onely to prosecute the Plot but Popery also and to take care of the Protestant Religion establish'd by Law adding That if the House did but go on Calmly in their Debates without heat that he did not doubt but to beat down Popery and all that belong'd to it But to return where we left off so soon as the report of this Address had been made and that it had pass'd Approbation the House fell the same day upon the business of Petitions which they resented so high that they came to several Resolves First that it was the undoubted Right of the Subjects of England to Petition the King for the calling and sitting of Parliaments and Redressing of Grievances That to traduce such Petitioning as a violation of Duty and to represent it to his Majesty as Tumultuous and Seditious was to betray the Liberty of the Subject and contributed to the design of subverting the ancient Legal Constitutions of this Kingdom and introducing Arbitrary Power Which Resolves passing Nemine Contradicente they appointed a Committee to enquire of all such Persons as had offended against the Rights of the Subjects Thereupon the House being inform'd that Sir Francis Withens one of the Members had offended against the said Right of the Subject he was order'd to attend the next Morning After which they pass'd a Resolve to make an Address to his Majesty with
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
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
was an easy thing to poyson the King That at another time his Brother Jennison told him that there was a design in England so laid that it could not be easily discover'd and that the greatest Papists and the greatest Catholicks in England were in the design That there was an Army to be rais'd to bring in the Catholick Religion And that at another time one Mr. Cuffil a Jesuite declared that he thought Mr. Coleman infatuated to give notice to Harcourt Ireland and Fenwick to burn their Papers upon the discovery of the Plot and not to burn his own Then the Clerk of the Lords Comittee delivered in the several Attainders and Judgments enter'd upon Records upon the Conviction of Coleman Langhorn and the rest And upon the motion of Mr. Treby the Attainder of Mr. Coleman was openly read in Court in regard there was more of special matter in that than in any of the rest more especially among many other things mentioning his proceeding in Relation to the carrying on of the Plot viz. his trayterous Correspondence with La Chese the King of France's Confessor and with Monsieur Rovigni the French King's Envoy in England for the bringing in of a Forrein Force to carry on the design After which the Court adjourned The next day being Wednesday the first of Decemb. The Court being sat the Witnesses were called to give in their particular Evidence against the Prisoner of whom the first was Mr. Dugdale who being sworn declared That at a meeting at Tixall either at the latter end of August or beginning of September in the Year 1678 where several were present the business of that meeting was to debate and determin upon their former Resolutions both beyond Sea and at London before both to take away the Life of the King and Introduce the Popish Religion wherein they came at that time to a full Conclusion and that the Prisoner was there present and did with the rest consent to it That at another time coming from Stafford to Tixal to Mass he made his Complaint to the Evidence that it was a sad thing the Papists could not say their Prayers but in a hidden manner but that ere long if things took Effect the Romish Religion would be Established That at another time the Prisoner sending for him to his Chamber commended his fidelity and for his taking away the life of the King offered him 500 l. for his Charges and Encouragement and that he should go to London with him and be under his care That the Prisoner giving the reasons at another time of his being such an Enemy to the King was because he had been a great sufferer for the King but not taken notice of but that rather Traytors and Rebels were rewarded Which was enough were not Religion in the case which was of a higher Nature That the Prisoner had told him that in case he did kill the King he should have a free pardon for it the King being an Excomunicated Traytor and an Enemy to Jesus Christ That he saw a Letter under the Prisoners hand to this Effect That all things went well for carrying on the design and so he hoped they did here Dr. Oates being sworn declared That while he was in Spain he met with several Letters signed Stafford wherein he assured the Jesuites that were of the Irish Nation how Zealous he would be in promoting the Catholick design In other Letters the Prisoner blamed Colemans openness and for Communicating great Secrets to Men of whose fidelity his Lordship was not secure That in the Month of June 1678. The Prisoner came to Mr. Fenwick's Chamber and there received a Commission from him to pay an Army or as near as the Dr. could remember to be paymaster General of the Army assuring Fenwick that he was going into Staffordshire and did not question but to give a good accompt how affairs stood not doubting but at his return Grove should do the business Mr. Turbervile upon his oath declared That being Cast off by his Relations for refusing to enter into Popish Orders he was put to shift for himself to which purpose he went beyond Sea to seek for imployment That having spent some time at Paris without success and being upon his Return into England he was recommended to the Prisoner then at Paris who beeng informed of his Condition after he had been with his Lordship some time told him there was a way whereby he might not only retrieve his Reputation with his Relations but make himself a happy Man and at length after many Obligations to secrecy told him the King was a Heretick and a Rebel against God Almighty and that it was to take away his life To this the Prisoner made first a general reply That he looked upon the House of Commons as the great Representative Body of the Commons of England and to be accused by them was such a load which so afflicted him that he was scarce able to bear up under it Which with other things had so disorder'd his sence and reason that he scarce knew how to chear himself to their Lordships as he ought to do and therefore with all Humility begged their Lordships pardon if he said that which might give offence or urged any thing that might not be to the purpose That he looked upon Treason to be the Greatest sin in the world That as to the Doctrine of King-killing and absolving persons from their Allegiance he could not say the Church of Rome did hold it he never heard so it may be it did it may be not But that there was an English College of Priests at Rhemes that in their Annotations upon the Fourteenth Chapter of the Epistle to the Romans declared their dislike and detestation of this Opinion and that the Doctors of the College at Sorbonne owned it to be a damnable Principle And that for his own part he did in the presence of Almighty God solemnly declare that he detested any such Opinion as he did Damnation to himself That the Mannagers began their Charge with telling their Lordships that there was a horrid design to Murder the King c. wherein the Roman Catholicks and all the Church of Rome were concerned but how did that concern him for that they had not offered one Proof that he was of that Religion That he was accused of having endeavour'd to kill the King But that all accusations of Treason ought to be accompanied with circumstances Antecedent Concomitant and Subsequent And the whole Compass of his life had been otherwise That in the beginning his late Majesty had made him a Peer That in the beginning of the war he retired into Flanders whence afterwards he came into England ond served his Majesty Loyally and faithfully and that he waited upon the present King in his Exile That after he heard of the discovery of the Plot had he known himself Guilty he had a fair opertunity to have run away That he was offered the Kings Pardon if he
whether he ever saw Dugdale alone in his Life He answered Never in his Life To which the Lord High Steward replied Why you saw them together that Morning you brought them to the Chamber But to shew that it was not such an unusual thing for Dugdale and the Prisoner to be alone two Witnesses were brought for the King Hanson and Ansel who swore that they had seen them more than once alone in private Discourse together The next thing the Prisoner endeavoured to prove was that Mr. Dugdale ran away from the Lord Aston's for Debt to which purpose he call'd Thomas Sawyer who attested the same and that he heard him say he would be reveng'd of the Lord Aston if ever it lay in his Power And farther that he took a Glass of Drink in his presence and wish'd it might be his Damnation and Poyson if he knew any thing of the Plot. To the first Objection it was sworn that the Discourse of the Country was that he went away for fear of the Plot and three Justices of the Peace affirm'd that he was apprehended upon Suspition of being in the Plot who therefore tender'd him the Oaths of Allegiance and Supremacy which he took Others swore that Mr. Dugdale endeavour'd to come to an Accompt with the Lord Aston while he was in the Tower but that the Lord Aston refus'd to speak with him and that one time Mr. Dugdale going to the Tower upon the same occasion one of the Lord Aston's Servants came where he was and paying him a great deal of Respect said he was as honest a Gentleman as ever liv'd in a Family Other Witnesses swore that being Steward to the Lord Aston there was no other person between his Lordship and him but that he was next to my Lord and governed the rest of the Family That he had always had a good Report not only with the Lord Aston's Tenants but also with the Work-men and those people that had Dependence upon the Family As for Mr. Dugdale's Denial of his knowledge of the Plot it was urged that that proceeded only from the Apprehension of the danger he was in especially before he had taken a Resolution to discover The next Objection was that he swore falsly when he said he told of the Letter about the Death of Sir Edmondbury Godfrey before it was known he was kill'd which was attested to the contrary by the persons who were sworn to be the persons acquainted with the said Letter But this was refuted by two Witnesses that swore the said persons were by when the News was told in Confirmation of which two Gentlemen of Quality swore that the Report of such a thing was spread all over the Country before it was possible for it to come by the ordinary way of Intelligence Besides that one of the Prisoner's Evidence was an Ancient deaf Man and so no wonder he should attest that he never heard of any such thing The next Objection was That he had corrupted persons to swear false against him and others Robinson Murral and Holt. As for Robinson he was prov'd by no less Persons than the Earl of Macclesfield and one Mr. Booth a Member of Parliament to be a meer Scoundrel and Cheat and one that confess'd himself to be a Rogue As for Holt he was known to be a Vicious Lewd Fellow and one that had threatned to murther the King's Evidence for coming in against the Lord Aston As for Murral who attested that Money had been offer'd him by Mr. Dugdale to swear against Sir James Simmons and Mr. Howard he was prov'd to be a poor needy Fellow that went vagabonding about the Country But besides all this in opposition to these Witnesses on the Prisoner's side in this particular other Witnesses were brought who swore that there had been Endeavours to have suborned them to swear against Mr. Dugdale of which one of them was profer'd 700 l. to take off his Evidence or destroy him which was done by one Plessington Steward to the Lord Bellasis And that at another time they found a Letter for him to subscribe for the blasting of Mr. Dugdale's Reputation His Objection to take off the Credit of Dr. Oates was this That he said he knew nothing of any other Persons engaged in the Plot and yet after that he accus'd the Queen But Sir Phillip Floyd being call'd upon by my Lord to attest this Passage could remember nothing of it The Lord Privy Seal was also desir'd to declare his Knowledge in this Matter but he remember'd nothing of it neither Neither did the Earl of Berkley remember any such thing said by the Doctor in the Council but in the Lords House he remember'd that the Doctor being ask'd the Question said he had no more to accuse in relation to England but that in Ireland he had To which it was answered that this was said after the Doctor had accus'd the Prisoner at the Bar and so could not concern him As to the Accusation of the Queen it was not positive nor of his certain Knowledge but only Circumstantial Proof And secondly it might not be then so clear at that time to the Doctor whether the Queen were a person capable of an Accusation and then again that the Answer of a Man to a suddain Question who had said so much and had so many things in his Mind should be taken so strictly and that he should be held for perjur'd because that he did not at that instant remember that particular or the Queen was a very severe Construction His next Objection against the Doctor was that he went to be of the Popish Religion and so was of that Religion which was Idolatry and being a Turn-coat from his Religion was not to be credited To which it was answered that there had been Men of Great Fame in the Church of England and of great Learning too that had changed their Religion more than once His Objections against Mr. Turbervill were that he had sworn in his Affidavit 73 and 76 for 72 and 75. But it was prov'd by Sir William Poultney that he came the next Morning before any body in the World had questioned him upon it and rectified the Mistake upon his own accord The next Objection was That Mr. Turbervill was a Coward and ran away from his Colors But to that Mr. Turbervill produc'd in Court an Honourable and Authentick Discharge from his Commander under Hand and Seal which was viewed by the Duke of Monmouth and others of the Lords without Contradiction Next he brought Furnese and Leigh again to attest that they never saw Turbervill with the Prisoner at Paris which was a Negative prov'd by his own Servants In Answer to which it was observ'd That Turberville was introduc'd by greater Confidents than they were and that it might be easie for Mr. Turbervill to come in the Company of such Persons and the Boys not take notice of him Another Objection was this That Turbervill had sworn he was not well
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
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
Speaker they resolv'd into a Committee of the whole House After which the Speaker resuming the Chair they came to several Resolves Nemine contradicente 1. That one way for the suppressing of Popery was to banish all the Considerable Papists out of England That as long as the Papists had any hopes of the D. of York's Succession both the Protestant Religion and the Lives Liberties and Properties of the King's Protestant Subjects were in Danger to be destroy'd 3. That there should be a Bill brought in for the Association of his Majesties Protestant Subjects for the Safety of King Religion and People against all Invasions or Oppositions whatsoever and to prevent the Succession of the D. of Y. or any other Papist Thursday the 16 th was spent for the most part in reading of Bills The next day being Friday the 17 th of December upon a Report by Sir William Poultney from the Committee appointed to draw up the Impeachment against Mr. Seymour the Articles of Impeachment were order'd to be Ingross'd and Mr. Seymour to be taken into Custody by the Serjant at Arms who was impowered to take Security for his forth-coming Saturday being the 18 th they took into serious Consideration his Majesties Last Speech and after some debate resolv'd that an Address should be prepar'd in answer to it Monday the 20 th produc'd nothing at that time remarkable but only the Address which was then read and agreed to and presented the next day Tuesday the 21 th of December not much more was done than upon the day before only that an Information was given into the House that one Henry Carew a Fryar of Saint Maloes in France had for several Years last past executed the Office of Surveyor of the Customes in the Port of Bristol and thereupon it was referr'd to the Committee appointed to receive Informations concerning the Plot to examine the Business and make their Report In the Afternoon they presented their Addresses to his Majesty in the Banquetting-House in Answer to his Last Speech of which the Chief Heads were these That they did gratefully acknowledge his Majesties Goodness in renewing his Assurances of his Readiness to concurr with them for the Security of the Protestant Religion but that they observ'd there was a Reservation annex'd which if insisted on would render all his other Inclinations of no Advantage to them That as to the preservation of the Succession in its Legal Course they had not endeavour'd any Interruption except only of the Descent upon the Person of the D. of York whom the Instruments of the Church of Rome had perverted to their Religion For which Reason they did represent it as the Issue of their most deliberate Thoughts That for the Papists to have their Hopes continued in the Expectation of a Popish Prince was utterly inconsistent with the Safety of his person the Preservation of the Protestant Religion and the Welfare of his people They farther represented to him the Danger of his Person from the principles of the Papists which allow the Excommunication and Deposition of Princes That the Expectation of a Popish Successor had not only encreas'd the Number of Papists in the Kingdom but also prevail'd with others to desert Protestantism that they might be prepar'd for the Favor of the Popish Prince That it had hardened the Papists of this Kingdom to make a Common purse provide Arms and sollicite the Aid of Foreign Princes to impose Popery upon the Nation That it was his Majesties Glory and true Interest to be the Protector of all Protestants both at Home and Abroad But if such Hopes should remain what Alliances could be made for his Majesties Allies and the Protestants abroad to trust to Then they laid before his Majesty the Evils that would befal from a Popish Succession The Protestant Religion would be totally overthrown The Pope would be acknowledg'd a Supreme and all things be brought under his Jurisdiction The Lives Liberties and Estates of all Protestants that value their Souls will be adjudged forfeited in regard that the Extirpation of Hereticks was used as an Argument to invite Foreign Princes to assist the Duke Farther they desir'd him to consider whether in Case the D. should attempt to Succeed whether the Opposition probable to be made against him might not endanger the Descent of the Royal Line but even Monarchy it self For which Reasons they besought his Majesty that when a Bill should be tender'd him in a Parliamentary way he would give his Royal Assent thereto and as necessary to fortifie the same that he would also assent to another Bill to enable his Protestant Subjects to associate for the Defence of his Person the Protestant Religion and the Security of the Kingdom And that as a farther Means for the Preservation of the same the Judges might be Persons of Integrity and true Zeal to the Protestant Religion and might hold their Employments only quamdiu se bene gesserint and that the Lord Lieutenants Deputie-Lieutenants and Justices of the Peace might be persons of the same Principles and all others displac'd and so likewise for the Military Officers and Commanders in the Fleet. Which Requests of theirs being granted they would be ready to assist his Majesty for the preservation of Tangier and to put the Fleet into a Condition both to preserve the Sovereignty of the Seas and defend the Nation Fa. What Answer was given to this Address Tr. You shall hear more of that in due time The two next days being the 23 d. and 24 th of December produc'd little for our purpose Only that upon the last of the two upon a Report from the Committee appointed to examine the Complaint against Mr. Thompson a Minister it was unanimously resolved by the House That the said Thompson had publickly defam'd his Majesty preach'd Sedition villify'd the Reformation and promoted Popery by asserting Popish Principles denying the Plot and turning the same upon the Protestants and that he had endeavored to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he was a Scandal and Reproach to the Function and thereupon order'd a Committee to prepare an Impeachment against him After which the Holydays approaching the House adjourn'd till the 30 th of the same Month. Fa. Can you tell me what Mr. Thompson had done to deserve so severe a Sentence Tru. Yes Fa. Pray do then as short as you can Tru. The First Witness upon Examination at the Committee said That in a Sermon preach'd by the said Mr. Thompson upon the 30 th of Jan. 79. He publickly declar'd That the Presbyterians were persons which the Devil blush'd at and that they were worse than either Priests or Jesuits and that the Villain Hampden grudg'd more to give the King Twenty Shillings which was his due by Law for Ship-money and Loan than to raise a Rebellion against him The Second Witness said the same and added that Thompson should say He hoped the Presbyterians
unsuitable returns might rather wonder at his Patience then that he grew weary of their Proceedings that it was his Interest and should be as much his Cause as theirs to preserve the Liberty of the Subject the Crown not being safe when that is in danger That by calling this Parliament so soon he let them see that no Irregularities of Parliament should make him out of Love with them by which means he gave them another Oppertunity to provide for the Publick security and had given one Evidence more that he had not neglected his part That he hoped the ill Success of former heats would dispose them to a better Temper That as for the further Prosecution of the Plot tryal of the Lords c. he omited to press them as being obvious to consideration and so necessary for the Publick safety But desired them not to lay so much weight upon any one Expedient against Popery as to determine that all other were ineffectual ' That what he had so often declared ' touching the Succession he should not recede from But that to remove all reasonable Fears that might arise from the Possibility of a Popish Successor if means could be found that in such a Case the Administration should remain in Protestant hands He should be ready to hearken to any such expedient by which Religion might be secur'd and Monarchy not destroyed Lastly He advised them to make the Known and Establish Laws of the Land the Rules and Measures of their Votes Which done he commanded the Commons to return to their House and make choice of their Speaker Thereupon Mr. Williams Speaker of the last Parliament being again made choice of and conducted to the Chair made a short Speech to the House upon his Acceptance That the Unamious choice of the House had lest him without excuse to disable himself for their Service it being to be suppos'd that who the Commons Elected was fit for the Trust That it did not become him to offer assurance of his Constancy Fidelity and Vigilancy the just Sence of the Honour conferred upon him being an Engagement for him to do and suffer whatever Flesh and Blood could do and suffer in their choice That it was a time not to speak much but act well and therefore desired that their Debates might be regular and orderly without reflection or passion and that his behaviour might have their kind and candid Construction Upon Tuesday the 22d of March the Commons attended his Majesty in the Lord's House at which time Mr. Speaker humbly represented in another Speech That the Commons in obedience to his Royal pleasure for the disposal of themselves in that great Assembly to serve him had with one voice elected him their Speaker as having had the Honour to serve his Majesty and the Commons in that Trust in the last Parliament Whereupon with all humility he did again by their Command to receive his pleasure with a Head and Heart full of Loyalty to his Sacred Person armed with a settled resolution never to depart from his Majesties ancient and well settled Government To which the Lord Chancellor in few words made Answer That his Majesty had well considered the Choice and did very well approve of the Election and allowed him for Speaker Then Mr. Speaker made another Address to his Majesty setting forth how much his Majesties Grace and favour in the last Parliament continu'd by the Honour he had in the next did encrease his Obligations to Loyalty That as he was set in a High Station so he would endeavour to manifest his uprightness in it believing that his Majesties service in that great Place was one and the same with that of his Commons no more to be divided then his Crown and Sceptor After which he made an humble claim in the Name of the Commons of England of all the Ancient Rights for them and their Servants freedom of Speech in their debates and liberty of access to his Person according to Custome Concluding by way of Petition to his Majesty that nothing by him said either through weakness or inadvertency should tend to the prejudice of the Commons and that his behaviour and proceedings might receive a favourable Interpretation from his Majesty To which the Lord Chancellor by his Majesties command reurned for Answer That their Petitions were fully and freely granted in as large and ample manner as ever any House enjoy'd them his Majesty being assur'd that the House would make as prudent a use of them as ever any of their Ancestors and that his own particuar Petition was grateful to the King too knowing that he would be as ready to avoid as the King to forgive mistakes The next day being the Twenty-third was spent in taking the Oaths of Allegiance and Supremacy and subscribing the Declaration directed by the Act made in the Thirteenth year of the King Thursday the Twenty-Fourth produc'd little remarkable several Petitions about Elections were presented and an Order made for setting the next Saturday aside to consider of a means for securing the Protestant Religion and the safety of the Kings Person The Twenty-Fift of March being Friday the Lords sent down the Answer of Sir William Scrogs to the Articles of Impeachment exhibited against him by the former Parliament together with his Petition to the house of Peers But nothing was done in it for the House fell upon three affairs of Higher concernment The first was the consideration of the matter relating to a Bill which had passed both Houses in the last Parliament Entitl'd An Act for Repeal of a Statute made in the Thirty-Fift Year of the Reign of Queen Elizabeth but was not tendered to his Majesty for his Royal Assent Whereupon it was resolv'd that a Message should be sent to the Lords to desire a Conferencc as to matters relating to the Constitution of Parliaments in passing of Bills and Ordered a Committee to prepare what was fit to be offered at the said Conference Another Message was also Ordered to be sent to the Lords to put them in mind that the Commons had formerly by their Speaker demanded judgment of High Treason at their Barr against the Earl of Danby and therefore to desire their Lordships to appoint a day to give judgment against him the said Earl upon the said Impeachment The same day the Examination of Ed. Fits-Harris relating to the Popish Plot was read in the House Upon which the said Examination was Ordered to be Printed the said Fits-Harris to be impeached at the Lords Barr and a Committee appointed to draw up Articles against him The Sum of Fits-Harris's Examination was this That in the Year 1672. One Father-Gough an English Priest should tell him at Paris that within two Years after he should see the Catholick Religion established in England To which purpose if the King would not comply that Order was taken that he shoâ—ld be taken off and kill'd That the same Priest told him that the D. of T. was a Catholick
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