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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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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
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
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
Advice or the History of Popery Thirdly That there had been a very great Latitude taken by the Judges in imposing Fines upon persons found guilty before them Particularly that John Brown of London Gentleman for publishing a Printed Book call'd The Long Parliament dissolv'd was fin'd a Thousand Marks bound to his good Behaviour for seven years and his Name struck out of the Roll of Attorneys without any Offence alleadg'd in his Practice For which fine not being able to pay it he lay in Prison three Years and tho' his Majesty was graciously pleas'd to pardon him and recommended him by his Warrant to be restor'd again to his place of Attorney yet he could not obtain his said Restauration from the Court of Kings Bench. Fa. Pray what was the great Crime which gave so great a Provocation Tr. A certain passage which seem'd to be a kind of Exhortation or rather a Memorandum as it were to the Parliament not to betray their Trusts to this Effect That no man ought to think it strange that it should be thought Treason for a Parliament to sit and act contrary to the Laws of the Land For that if in the first Parliament of R. 2. Grimes and Weston only for lack of Courage were adjudg'd guilty of High Treason for surrend'ring the Places committed to their Trust How much more the Parliament should they turn Renegadoes to the People that intrusted them surrender all the Legal Defence of the People of England their Lives Liberties and Properties at once c. 2. That John Harrington of London Gent. for speaking these words in Latin Quod nostra Gubernatio consistebat de tribus Statibus et si Rebellio eveniret in Regno et nec accideret contra omnes tres Status non est Rebellio was Fin'd 1000 l. bound to his good Behavior for 7 Years and to recant the words in open Court That Ben. Harris of London Stationer for Printing a Book call'd An Appeal from the Country to the City was Fin'd 500 l. to stand in the Pillory an Hour and to give Security for his good Behavior for 3 Years that the Lord C. J. Scroggs prest the Court that he might be publickly whipt but Judge Pemberton holding up his Hands in admiration of such a Severity Judge Jones pronounced the Sentence as before Fa. What was the Crime laid to the Charge of that Book Tr. This particular Passage We in the Country have done our parts in chusing for the generality good Members but if they must be dissolv'd or prorogu'd when ever they come to redress the Grievances of the Subject we may be pitied not blamed if the Plot take effect That notwithstanding the Severity of the Court in these Cases their Mercy and Compassion was extraordinary in others Particularly That Tho. Knox Principal in an Indictment of Subornation and Conspiracy against the Testimony of Dr. Oates for Sodomy and the Testimony of William Bedloe was only Fin'd 200 Mark a Year Imprisonment and security for the good Behavior for 3 years that Lane for the same Offence was only Fin'd 100 Marks Pillory'd for an hour and Imprison'd for one year That John Tasborough on an Indictment for Subornation of Stephen Dugdale tending to the Overthrow of the whole Plot though affirm'd to be a person of Quality was only Fin'd 100 l. Ann Price for the same Offence 100 l. Nathaniel Thompson and Will. Badcock for exhibiting a weekly Libel call'd The True Domestick Intelligence and known to be Popishly affected Fin'd only each of them 3 s. 6 d. Matthew Turner for vending and publishing a Book call'd The Compendium wherein the Justice of the Nation in the Tryals of the Conspirators even by some of those Judges themseves is highly arraign'd and the King's Evidence horribly aspers'd though known to be the Common notorious Bookseller about the Town Fin'd only a 100 Marks One Loveland upon an Indictment for a notorious Conspiracy and Subornation against the Life and Honour of the D. of Buckingham for Sodomy Fin'd only 5 l. and Pillory'd for an Hour Richard Christian Esq for the same Offence Fin'd 100 Marks and pillory'd for an Hour Arth. Obrian for the same offence fin'd only 20 Marks and pillory'd for an hour Whereupon it was the unanimous Opinion of the Committee that the Court of Kings Bench had acted arbitrarily illegally and partially in favoring Papists and Persons Popishly affected and oppressing his Majesties Protestant Subjects Proceeding farther they found that several of his Majesties Subjects had been Committed for Crimes Bailable by Law and that their Sureties though sufficient were refus'd Among the rest that Henry Care had been so refus'd the common Right of a Subject 2. That George Brown a Constable in London having Committed some of the L. C. Justice's Servants for great Disorders was seiz'd by a Tip-staff by the L. C. Justice's Warrant and committed to the Kings Bench tho' he tender'd two able Citizens and Common-Council-Men of London for his Bail 3. That Francis Smith Bookseller for Printing certain Observations upon Sir George Wakeman's Tryal was by the C. J. committed to the Kings Bench tho' he tender'd three sufficient Citizens for his Security That the said C. J. committed Jane Curtis a Feme Covert for publishing a Book call'd A Satyr against Injustice and tho' her Friends tender'd sufficient Bail he swore by the Name of God she should go to Prison and that he would shew her no more Mercy than they could expect from a Wolf that came to devour them That about the same time Edward Berry a Stationer in Greys Inn being accus'd for selling the Observations upon Sir George Wakeman's Tryal was committed by the said C. J. who said he should go to Prison tho' he tender a 1000 l. Security and that after he had got his Habeas Corpus he was forc'd to attend five Terms before he could be discharg'd Upon which it was the Result of the Committee that the refusing Bail where persons were Bailable by Law was illegal and a high Breach of the Liberty of the Subject After that the said Committee taking into Consideration an Information against Baron Weston they found by the Testimonies of John Colt Richard Mayo and John Peiron Gentlemen that the said Baron had us'd these following Expressions in his Charge at Kingston Assizes That Zuinglius set up his Fanaticism and that Calvin built upon that blessed Foundation And said he all his Disciples are season'd with such a sharpness of Spirit that it much concerns Magistrates to keep a strict hand over them And now they are restless amusing us with Fears and nothing will serve them but a Parliament c. Upon which the Opinion of the Committee was that the Expressions in the Charge given by Baron Weston were a Scandal to the Reformation in derogation of the Rights and Priviledges of Parliaments and tending to raise Discord between his Majesty and his People The Committee then falling again upon the Business of the L. C. J. Scroggs they
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