In fine the same method of proceedings may be made use of against the Commons by the Lords These Inconveniencies the King is Resolved to abolish and hath Commanded me to say to you State super vias antiquas If this Session do not repair the misfortunes and amend the faults of the last it will look like a fatality upon the Nation He whose house is destroyed by Fire would find but little Comfort in saying the Fire did not begin by his means but it will be a perpetual Anguish to him to remember that it lay in his power to extinguish it And so concludes with strong persuasives to Peace and a Composure of all Differences Monday May 27. Resolved in the House of Commons That the House taking into Consideration the State of His Majesties Affairs and the great charge and Burthen that His Majesty and the Nation lyes under by the Army now in Being are humbly of Opinion That if His Majesty please to think fit to enter into the War against the French King this House is and always will be ready to support and assist him in that War But if otherwise That they will proceed to the Consideration of providing for the Speedy Disbanding of the Army The House further Ordered That the Members of this House who are of His Majesties privy Council do acquaint the King with these Votes and pray His Majesties Answer To this the King returned the following Answer which was read in the House of Commons the next day It contained That the French King hath made such offers of a Cessation till the 27th of July as His Majesty doth not only believe will be accepted but will end in a General Peace yet since that is not certain he does not think it prudent to dismiss either Fleet or Army before that time nor doth he think it will add much to the charge in regard the raising Mony and paying them off would take up that time were they to be Disbanded as speedily as possibly In the mean time he desires Mony for their subsistance that as hetherto they have been the most orderly Army that ever came together they may be encouraged to continue so And concludes with reminding the House of the 200000 l. formerly mentioned in His Speech which he wants for His Houshold The next day of sitting being Thursday the 30th of May the Commons Vote unanimously That all Forces rais'd since the 29th of September last except those transported to Forrain Plantations be forthwith paid off and Disbanded and that they Consider of a Supply for that purpose The last of May being the first day of Trin. Term Sir William Scroggs at that time Puisne Judge in the Common-Pleas took his place in the Kings Bench as Lord Chief Justice of England to which he was preferr'd by the Kings especial Favour on the removal of Sir Richard Rainsford who resigned a few days before And was Succeeded in the Common-Pleas by Baron Bartu and Serjeant Brampston promoted to his Place in the Exchequer June 4th the Commons Vote 200000 l. to be raised by a Monthly Tax in Six Months after the Land Tax now in being be expired with a Clause That this be for the Disbanding of the Army by the end of this present June The next day they Voted the King 200000 l. more Towards the Defraying the expences of the Fleet. Soon after which the King sent them a Message by one of the Secretaries of State containing That His mind was still the same with what he delivered the 23 of May last That the Army and Fleet ought to be kept up till the expected Peace be concluded He also recommended to their Consideration whether it were not dishonourable for him to recal His Forces in Flanders from those Towns which he had taken into His Protection before they could provide themselves of other Succours Here upon they extend the time as to the Forces in Flanders to the 27 of July Saturday the 15th of June The Commons Resolved That after Tuesday following no motions should be made for any new Supplys of Money till after the Recess nor any more private Bills brought in till after the said Recess The Tuesday following the King sent for the Commons up to the Lords House and told 'em in a long Speech That the season requiring a Recess by the middle of next Month at farthest it is convenient that we part fairly and with a perfect confidence of one another Therefore he opens His Heart freely to them in some particulars of nearest concern That what he told 'em at the beginning of this Session concerning a Peace seems already to be determined at least as to Spain and Holland in which Peace His part will be not only that of a Mediator but also to give His Warranty in it That Spain writes word that unless England bares the charge of maintaining Flanders even after the Peace they will not be in a Condition to support it long That to this end it is necessary not only to keep up our Navy at Sea but to give the World some assurance of being well United at home That thô the House of Commons may think such a Peace as ill a bargain as War because it will cost them Mony yet if they seriously consider that otherwise Flanders had been lost perhaps by this time He believes they will give much greater Summs than this will cost rather than the single Town of Ostend should be in the French hands and 40 of their men of War in so good a Haven overagainst the Rivers Mouth That we cannot but be pleased to understand the Reputation we have gained abroad by having in 40 days rais'd an Army of 30000 Men and prepaired a Navy of 90 Ships Therefore if they desire to keep up the Honour of the Crown at home and look to the safety of the Balance of Affairs abroad and pursue the War of Algiers if they desire he should pass any part of His life in quiet and all the rest in confidence and kindness with them and other suture Parliaments if so That they must find a way not only to settle for His life His Revenue as at Christmass last but also to add a new Fund of 300000 l. Per annum upon which he will pass an Act to settle 50000 l. upon the Navy and Ordinance and shall be also always ready to consent to all such Laws as they shall propose for the good of the Nation Then he reminds 'em to inable him to keep His word with the Prince of Orange in the payment of His Neices Portion which is 40000 l. the first payment being now due and demanded by him This Speech being ended the Commons returned back and Voted His Majesty the thanks of the House for His gracious expressions in His Speech Yet nothing of importance was done that day but a Denial of the 300000 l. Per annum demanded and not only so but a motion being made for a Compensation on the lost part
Earl of Danby render himself to Justice by a certain day or in default thereof to be Attainted which Bill was read twice and committed In the mean time the Lords had past a Bill in their House for banishing and disabling the said Earl which being sent down to the Commons for their Concurrence was by them rejected as a Censure too favourable They also Vote an Address to be made to His Majesty That the said Earl be not permitted to reside in any of His Majesties Houses of Whitehall Somerset-house and St. James's Also another Address for a Proclamation to apprehend the said Earl and that no Subject presume to harbour or conceal him In the mean time the Bill of Attainder against the Earl of Danby was highly canvast at several Conferences between the Lords and Commons till at last on the 16th of April a Message is brought from the Lords House to acquaint the Commons That the Earl of Danby had the last night rendred himself to the Usher of the Black Rod and is committed by their Lordships to the Tower On the same 16th of April 4 of the 5 popish Lords in the Tower who had been on the 9th instant Impeacht gave in their Answers in Person viz. Powis Stafford Petre and Arundel but the Lord Bellasis being disabled by the Gout had his Answer received in Writing On the 20th of April the King was pleas'd to declare to His Privy Council His pleasure to dissolve them and to constitute a new one which for the future should consist of the constant number of 30 Members of which 15 to be certain viz. 1. The Arch-Bishop of Canterbury 2. Bishop of London 3. Lord Chancellor 4. One of the Chief Justices 5. The Admiral 6. Master of the Ordenance 7. Treasurer 8. Chancellor of the Exchequer 9. Privy Seal 10. Master of the Horse 11. Lord Steward 12. Lord Chamberlain of the Houshold 13. Groom of the Stole And the two Secretaries The other 15 elective at the Kings pleasure 10 out of the Nobility and 5 Commoners Besides these such Princes of the Blood as shall be at Court A Lord President and a Secretary of Stotland but these uncertain And according to this new Model so many of them as were in Court did the next morning being April 21 meet in the Council Chamber and were there Sworn Privy-Counsellors The same day His Majesty was pleased to acquaint the two Houses with what he had done and that He was resolved in all His weighty and Important Affairs next to His great Council in Parliament to be advised by this Privy Council After this viz. on the 24th day of April Nathaniel Reading Esquire was Tryed before my Lord Chief Justice North and several other special Commissioners of Oyer and Terminer sitting in the Kings-Bench Court at Westminster His crime of which he stood indicted was for endeavoring to stifle Bedlo's Evidence against the Popish Lords or at least to lessen the same which being proved by the Oaths of the said Bedloe one Wiggins his Man and one Mr Speke which two last Bedloe had hid privately in his Chamber to over-hear their discourse he was found guilty had Judgment to stand in the Pillory for an hour in the Palace-Yard Imprisonment for one year and fined 1000 l. Which Sentence was accordingly Executed About this time it was that the Bishops of Ely Gloucester and Bath and Wells were accused for Papists but the Accusation quickly fell it being discovered to be a malicious contrivance to blast their Reputation and fix a Scandal on the whole Order On the 25th of April the Earl of Danby and Lord Bellasis appear'd in Person at the Bar of the Lords House the Earl putting in his Plea and the Lord Bellasis his Answer The next day the Lords Stafford Arundel and Powis appear'd at the same Bar and having retracted their former Pleas to their Impeachments which appeared insufficient to the House of Commons put in their further Answers to the same After this on the last day of April His Majesty was pleased to send for the Commons to attend Him in the House of Lords and acquaint 'em by the mouth of the Lord Chancellor That he was ready to agree to any Laws to secure Religion so the Discent of the Crown in the Right Line be not defeated and therefore he is willing that a Provision be made First to distinguish a Papist from a Protestant Successor then to limit the Authority of the First in these particulars viz that all Church preferment may be confer'd on Pious and Learned Protestants That there may not want a Parliament on the Kings Death but that the Parliament then in being or the last that sat should at such time reassemble without any new Summons or Election That during the Reign of any Popish Successor no Privy Counseller no Judge at the Common Law or in Chancery shall be put in or displaced but by Authority of Parliament That none but Protestants be Justices of Peace so also for Lord Lieutenants Deputy Leiutenants and Officers in the Navy not to be put in or removed but by Authority of Parliament concluding that it is hard to invent any other restraint to be put on a Popish Successor yet if any thing else can occur to the Wisdom of the Parliament whereby to secure Religion and Liberty without defeating the Right of Succession it self that His Majesty is most ready to consent to it After the Consideration of this Speech had been Adjourn'd over from time to time It was at last Resolved on the 11th of May in the House of Commons in defence of the Kings Person and the Protestant Religion that they will stand by His Majesty with their Lives and Fortunes and that if His Majesty should come by any violent Death which God forbid that they will revenge it to the utmost upon the Papists And according to this Vote they drew up an Address on the 14th with this varation in the form of Words viz. We shall be ready to Revenge upon the Papists any violence offered by them to your Sacred Majesty The Words by them being neither exprest nor intimated in their Vote though essential and necessary to the Justice of the intended Revenge Further then this they took no notice of the Kings Resolution exprest in the said Speech but contrary to that Clause which related to the Succession on the 15th of May they brought in a Bill to Disable the Duke of York to Inherit the Imperial Crown of England which being Read the first time on the said 15th of May was on the 21st read again and Committed to a Committee of the whole House yet the House divided on the Question Yeas 207. Noes 123. But the Parliament being soon after Prorogued it never proceeded further In the mean time the two Houses of Parliament are very earnest in debating the Methods relating to the Tryals of the five Popish Lords in the Tower and the Earl of Danby which last being on the third of
Evidence not appearing so home as expected they were now Bail'd and so continued till the last Day of Hillary-Term following at which time they were Discharged on their own single Recognizance to appear in Trinity-Term next without being brought to any Tryal But now arrives the 10th of July on which Day the King was pleas'd to Dissolve the present Parliament by Proclamation with a Declaration of His Intention to call another on the 17th of October following On the 18th of July Sir George Wakeman Baronet the Queens Physitian William Marshal William Rumley and James Corker Benedictin Monks were Tryed for High Treason relating to the late Plot the Evidence Oates Bedloe and others But the Jury found 'em not Guilty and they were discharged Several Libels hereupon flew abroad against my Lord Chief Justice Scroggs who notwithstanding did sufficiently acquit himself from all aspersion in the Judgment of sober People In August the King fell dangerously ill at Windsor upon the Intelligence of which His Royal Highness came over Post to His Majesty But it pleas'd God that the King recovering His Health to the great Joy of the Nation The Lord Mayor of London with the Court of Aldermen and a Train of 30 Coaches and about 100 Horsemen went on Monday the 15th of September to Windsor to Congratulate His Majesty's Recovery which Complement was as kindly received as handsomely performed On the Wednesday following the King attended by His Royal Highness and the whole Court rerurn'd to Whitehall that Night by the Lord Mayors express Order there were Bonfires throughout the whole City for His Majesty's return as well to His former Health as place of Residency But it seems the Duke of Monmouth having contracted the Kings Displeasure on some account or other not commonly known His Majesty was pleas'd to take from him his Commission of Captain General and for a time expel him the Kingdom soon after this the said Duke went over to Vtrecht and at the same time His Royal Highness return'd to Brussels But this last it seems without designs of any long stay there for on Sunday Night the 12th of October His said Royal Highness the Dutchess and Family arrived at St. James's to the surprize of some and Joy of others The King having call'd a New Parliamenz as he had formerly promised on the Dissolution of the last to meet on the 17th of October He was now further pleas'd to Prorogue it from the time appointed to the 26th of January following On the first Day of Michaelmas-Term my Lord Chief Justice Scroggs took occasion to make an Excellent Speech in the Kings-Bench Court concerning the many Scandalous Libels that had been Publisht against him since Sir George Wakemans Tryal and acquittal in which Speech he purged himself at large of any Corruption and with a great measure of Courage declar'd That he was neither afraid nor ashamed to own what he had done That the Impeachment of the course of Publick Justice by vulgar noise and clamour did not at all terrify him to a Compliance with the Rabble against his Conscience and Understanding nor to try any cause otherwise then according to the Evidence and the probability and credibility it carries with it Mr. Justice Jones and Justice Dolbin spoke also to the same purpose and appear'd as Compurgators of the Chief Justices Integrity Much discourse there was at this time and many Narratives came out daily concerning the Discovery of a New Plot which the Papists was is said had contrived to lay on the Presbyterians The chief Discoverer was one Dangerfield alias Willoughby Several were accused and laid up as Conspirators among whom the Countess of Powis Mrs Celier Sir Robert Payton and Mr Gadbury The Effigies of the Pope in all his Pontificalibus had been for several years past solemnly burnt by the people in the Month of November yearly but never with so much Ceremony as on the 17th of November this year it being a Day observed by some in memory of Queen Elizabeth The Procession consisted of one personating the Dead Body of Sir Edmundbury Godfrey carried on a Horse with a Bell-man to mind the People of his Murther Priests in Copes with a large Silver Cross Carmelite and Gray Friers six Jesuites and after them the Waits several Bishops some in Lawn Sleeves others with Copes and Miters on then six Cardinals and after them the Pope on a Pageant with Boys and Incense Pots and other Ceremonious Pomp behind him the Devils Representative In this manner they marched about five at night from Bishopsgate to the Temple-gate at Chancery Lane End attended with Thousands of People at which appointed station they Committed the Effigies to the Flames of a very extraordinary Bonfire at which time the mock-Devil departed and the Shew ended On Thursday the 27th of November The Duke of Monmouth arrived in the night time at London on whose return the Citizens exprest a mighty Joy by Bonfiers Fire-works and Ringing of Bells all the next day and most part of the night In the mean time his Royal Highness with his Duchess and Daughter attended with a Guard and Retinue suitable to their Quality made a Journey into Scotland Where being arrived The Duke was at Edenborough on the 4th of December received and Complemented by the Privy Council of that Kingdom with abundance of Respect and Honor The Lord Chancellor made a Speech in the name of all the Council to which his Royal Highness Answer'd in very affectionate Terms expressing his great satisfaction at the Civilities he had received since his arrival in that Kingdom And declaring his readiness to promote the Honor and Service of the King and the Interests of the Scottish Nation About this time great endeavors were used to procure a Multitude of Hands to Petitions which were framing in London Westminster and several Counties to be presented to the King for the sitting of the Parliament on the 26th day of January next according to the last Prorogation which manner of Petitioning being unwarrantable and tumultuous the King was pleased in Council Dec. 10. to Order the Lord Mayor and Court of Aldermen to take care in their several stations of His Majesties Honor and of the peace and safety of the City and not to suffer such persons that should sign such Petitions or go about to procure hands to them to go unpunished but that they should proceed against them or cause them to be brought before the Council Board to be punished according to a Resolution of all the Judges of England 2. Jac. which may be seen Cro. 2. part of Reports fol. 37. His Majesty was further pleased to issue out His Proclamation dated the 12th day of December containing That whereas he hath been informed that divers evil disposed persons endeavor in several parts of this Kingdom to frame Petitions to His Majesty for specious Ends and purposes relating to the publick and thereupon to collect and procure to the same the hands and subscriptions of
His Purse That He would not have them meddle with the Succession of the Crown in the Right Line but proceed in the Discovery of the Plot and to the Tryals of the Lords c. After this the Chancellor making no set Speech the Commons return'd to their own House and unanimously chose for their Speaker Mr. Williams of Grays-Inn Recorder of Chester One of the first things the House of Commons did was to Purge their own House of certain Members Sir Robert Can a Burgess for Bristol for having said there is no Plot but a Presbyterian Plot Sir Francis Withins head Steward of Westminster and one of the Burgesses for the same for having Declar'd himself abhorrent to the late Tumultous Petitions for the Parliaments sitting The first of these was expell'd the House and Committed to the Tower the other only expell'd But both Order'd to receive their Censure on their Knees And several other Members were declar'd Guilty of the last mention'd Offence On the 30th of October the King Publisht a Proclamation promising His Pardon to all that within two Months shall come in and make any further Discovery of the Plot. And this was done upon an Address of Parliament In the mean time the Commons not satisfied in punishing their own Members who had appear'd against Petitioning for the Parliaments fitting they take notice of others who were without their Walls and among the rest Sir George Jeffreys becomes the Object of their Displeasure who being Recorder of London the Kings Serjeant at Law and Chief Justice of Chester is for the pretended Crime above specified on the 13th of November Voted a Betrayer of the Rights of the Subject and an Address Order'd to be made to His Majesty to remove him from all Publick Offices At the same time it was Order'd that a Committee enquire into all such Persons as have been advising or promoting the late Proclamation stiled a Proclamation against Tumultuous Petitioning But about the same time a matter of much greater concern was thus mannaged On the 11th of November was past in the House of Commons a Bill entituled An Act for securing the Protestant Religion by disabling James Duke of York to Inherit the Imperial Crown of England and Ireland and the Territories thereunto belonging Which Bill was on the 15th carryed up to the Lords House by my Lord Russel attended by almost all the Commons who gave a Hum at the Delivery They being departed it was read once and being put to the Vote whether it should be read a second time it was carryed in the Affirmative by two Voices On the second reading it was debated till 11 a Clock at night the King being present all the while and then thrown out of the House by a Majority of about 30 Votes in which Majority were all the Bishops then present which were 14. Several other matters were transacted in Parliament of great moment but in regard the Daily Votes and transactions of the House of Commons was by Order of that House daily made publick in Print I refer the Reader for Particulars to what has been publisht and in these Papers take notice only of some of the most material Passages Among which it may be observed that Mr. Seymour the late Speaker and for whose Election the Commons in the late short Parliament did very much stickle was now ordered to be Impeacht and thò not at the same time yet not long after Impeachments were Voted and drawn up against Sir Francis North Lord Chief Justice of the Common Pleas Sir William Scroggs Lord Chief Justice of the Kings Bench Sir Thomas Jones second Justice of the said Court and Sir Richard Weston Puisny Baron of the Exchequer for several pretended Misdemeanors In the mean time William Lord Viscount Stafford one of the 5 Popish Lords in the Tower was brought to his Tryal on an Impeachment of High Treason The Tryal began in Westminster Hall on Tuesday the 30th of November being the next day after the Term ended Which Impeachment and Evidence upon the same was managed by a Committee of the Commons The Tryal lasted for a Whole Week and The Evidence against him were Oates Turberville and Dugdale Of the Lords who sate upon the Tryal the Lord Chancellor being Lord High Steward 31 pronounced him not Guilty and 55 Guilty And accordingly Judgment was pronounced against him on Wednesday the 7th of December But his Execution was respited till Wednesday the 29th of December on which day he was Beheaded on Tower-Hill protesting with his last breath his Innocency as to those Crimes of which he stood Condemn'd It is observable that Bethel and Cornish being then Sheriffs of London and having received the Kings Writ for the Execution of the said Viscount Stafford by severing his Head from his Body according to the constant Course in such Cases had notwithstanding the Confidence to demur upon it whether he ought to be Beheaded or according to the Common Judgment hang'd and quartered and for this they apply'd themselves to the two Houses of Parliament To which the most Honourable House of Lords Answered roundly That the Kings Writ ought to be obey'd But the Commons by way of Concession viz. That they were Content that the said Lord be Executed by severing his Head from his Body only During these Transactions a Comet with a most Prodigious Stream of light appear'd in the West the Star from which the Blaze proceeded was but small and when first discover'd appeared not much above the Horizon but every night afterwards it appear'd higher and higher in the beginning of the Night and consequently setting later and later its Lustre and magnitude also decaying I am neither able nor willing to make any Remarques on the Nature of these Meteors Or to say how far such noxious Exhalations may incline Mankind to Mischief And least of all will I pretend to Interpret whether this Finger of the Almighty is thus seen in the Heavens to Point out Good or Bad Events All that I design is innocently to observe and Remember the Naked Matters of Fact as they happen without disguize or Comment Two things more very observable happen'd before Christmass One was An Address of the House of Commons presented to His Majesty on the 21st of December in answer to His Speech of the 15th wherein he demanded once more Supplies of Mony for the defence of Tangier The effect of the said Address was to deny in as modest Terms as could be all Supplies of Mony for that purpose unless His Majesty would be pleas'd to pass a Bill to Seclude the Duke of York from Inheriting to the Crown and to enable the Protestants of this Nation to Associate themselves for the security of the Protestant Religion the Defence of the King and Kingdoms The other was a most Remarkable Speech Spoke in the House of Lords by the Earl of Shaftesbury the King being then present at least wise so pretended and Printed which being full of Audacious and
which the Religion may be preserved and the Monarchy not destroy'd that therefore they would provide for Religion and Government together with regard to one another because they support one another and that they would make the known Establisht Laws of the Land the Rules and Measures of all their Votes because He is resolved they shall be His. After this Speech the Commons return'd to their House and Chose for their Speaker William Williams Esq who had managed that Office in the last Parliament Who being the next Day presented made a Speech to the King and claim'd by humble Address as his Words were The Antient Rights of the Commons Nothing of extraordinary note passed till Saturday the 26th of March on which Day it was that the House of Commons were informed that the Lords had refused to proceed upon the Impeachment of the Commons against Edward Fitz-Harris for High Treason but had directed that he should be proceeded against at the Common Law Hereupon they Vote That this refusal of the Lords to proceed in Parliament upon such Impeachment is a Denial of Justice and a Violation of the Constitutions of Parliaments an Obstruction to the further Discovery of the Popish Plot and of great Danger to His Majesties Person and the Protestant Religion And further they resolve That for any inferior Court to proceed against Edward Fitz-Harris or any other Person lying under an Impeachment in Parliament for the same Crimes for which he or they stand Impeached is an high breach of the Priviledge of Parliament On the Monday following the Bill against the Duke of York was Read the first time and Order'd a second Reading When on a suddain the King sends for the Commons up to the House of Lords and tells them That He perceived heats betwixt the Lords and them and therefore He had Order'd the Chancellor to Dissolve the present Parliament which he accordingly did immediately The same Day the King left Oxford and came to Windsor that Night the next Morning by Eight a Clock to Whitehall Not long after this His Majesty was pleas'd to Publish in Print a Declaration to all his Loving Subjects in which He set forth the Reasons which induced Him to Dissolve His two last Parliaments His reasonable desires which He had proposed to 'em with their unwarrantable proceedings in return declaring however that He is not yet out of Love with Parliaments but that He will frequently advise with them as His great Council which He hopes ere long to find in a better Temper much to this purpose were the Contents of that Declaration which by His Majesties Order in Council was appointed to be Read in all Churches and Chappels About the same time all the Factious News call'd Domestick Intelligence and Weekly Printed for Francis Smith Ben. Harris and Langly Curtis were by Order of Council as reported put down and silenced And the abovemention'd Francis Smith a Notorious Libel Printer was Committed to Newgate In Easter Term this year Sir Francis Pemberton became Lord Chief Justice of the Kings Bench in the Room of Sir William Scroggs who had obtain'd a Writ of Ease Great Expectation there was to see what the Court would do in the Case of Edward Fitz-Harris and some Hesitation the Grand-Jury of Middlesex of which one Mr. Godfrey Brother and Heir to the late Sir Edmundbury Godfrey was the Foreman made to receive the Bill of Indictment against him in regard he had been Impeacht by the House of Commons till they were inform'd and satisfied by the Court that all the Judges of England had the Day before met and resolved upon that question Nemine Contrad cente that they might lawfully proceed in the Tryal notwithstanding the aforemention'd Votes of the House of Commons after this the said Jury found the Bill and Fitz-Harris was Arraign'd at the Bar on the last Day of April he was thrice bid to hold up his Hand insisting upon the Impeachment in Parliament but at last he held up his Hand and heard his Indictment Read which was for High Treason exprest in a certain Writing call'd The True Englishman full of most horrid Expressions against the King as if he were a Conspirator in the Plot and exciting the Nation to rise as one Man against him c. To which Indictment he put into Court a Dilatory Plea against the Jurisdiction alledging that he being Impeacht by the Commons in Parliament he cannot be Tryed here but this Plea not being under Councils Hand was refused to be received however the Court gave him time to consider whether he would stand by such a Plea in regard it might be fatal unto him in case it should be over-Ruled and assign'd him for Council Sir Francis Winnington Mr. Williams Mr. Pollexfen and Mr. Wallop as he desired to argue the said Point of Judicature next Wednesday if he persisted in such Plea On the said Wednesday being the 4th of May the Prisoner was again brought to the Bar attended with His Council at which time the Kings Attorney Sir Robert Sawyer enter'd a Demurrer to the Prisoners Plea and insisted chiefly on the manifest defect of form in regard the Plea run that the said Fitz-Harris was Impeacht at the late Parliament at Oxford de Alta proditione but does not say of what sort or manner of Treason nor sets forth the Impeachment at large which a Plea ought to do when it is to the Jurisdiction After this the Council of the Prisoner joyn'd in Demurrer but upon their earnest motion tho' opposed by the Attorney General time was given them to next Saturday Morning to maintain the said Plea by Argument if they can At which time it was argued largely by Williams Winnington Wallop and Pollexfen for the Prisoner and by the Attorney General the Sollicitor Serjeant Jeoffreys and Sir Francis Withens for the King the Kings Council and also the Court declaring that they medled not at all with the Priviledge of the House of Commons or Jurisdiction of the Lords in Parliament which was not in the Point tho in truth the Council for the Prisoner would fain have put that upon 'em but only as to the form of the Plea After all the debate which lasted from 8 till after 12 that Day the Lord Chief Justice declar'd that the Court would take a convenient time to consider before they gave their Judgment On the Wednesday following being the 11th of May the Prisoner being again brought to the Bar by the Lieutenant of the Tower my Lord Chief Justice in the Name of the whole Court gave Judgment and declar'd That he and his Brothers had Consider'd of the Plea that they had also consulted with others of the Judges and that himself Justice Jones and Justice Raymond were of opinion that the Plea was insufficient Dolbin doubting the Plea was therefore over ruled and the Prisoner ordered to Plead over and accordingly he pleaded not Guilty and alledging that a material Evidence on his part was now in
Holland His Tryal was put off till the first Thursday next Term which is the 9th of June On the 14 of May being the last day but one of the Term the Earl of Danby was brought by Habeas Corpus from the Tower to the Kings Bench Bar where by his Council he urged hard that he might be Bail'd but the Court being unsatisfied that they had sufficient Jurisdiction in his Case he being committed by Authority of Parliament and as it seemd not being within the benefit of the Habeas Corpus Act he was remanded back to the Tower On the last day of Easter Term Fitz-Harris was again brought into the Kings Bench Court to give Evidence to the Grand-Jury upon a Bill of Indictment against De Puy who had been Groom of the Robes to the Duke The Jury desired that the Evidence might be given to them privately But the Court overruled that and Fitz-Harris declared upon Oath Publickly in Court a great deal of Scandalous stuff not fit to be mentioned relating to the Death of Sir Edmondbury Godfrey which the said De Puy had told him a little before the Death of the said Knight but all this Fitz-Harris spoke from De Puy's mouth Of his own knowledge he said only this That the Earl of Danby coming down the great Stairs at Winsor he heard him say that now he would make Godfreys heart ake To this he added that De Puy told him presently after the Murder that the Earl had sent Godfrey on an arrant from which he would never return Upon this Evidence the Earl of Danby's name was inserted into the Bill of Indictment against De Puy as accessary to the said Murder of Sir Edmondbury Godfrey and the Bill was accordingly found against them both At the same time it was that the said Jury presented the Court with a Petition that they would intercede with the King for the sitting and Continuance of a new Parliament During all this Easter Term and many Months after many Loyal Addresses flowed to the King from all parts of England full of Congratulations and nothing of that factious strain which had almost rendred the very word Petitioning to be scandalous among these Loyal Addresses that from Norwich ran highest for the Kings Prerogative and a little reflecting on the exorbitances of the late Commons but as if this were a notorious Scandal to the Parliament the Grand-Jury of Middlesex above mentioned presented the same as a publick Libel but this did not discourage the Loyal party who still continued their Addresses It would be tedious to name all and how kindly they were received by the King who never suffered those who brought 'em to depart without some gracious mark of His Favor Not so to those who took upon them in their Petitions to direct His Majesty about the Calling and continuance of Parliaments To this Purpose its observable that the City of London were divided in these matters Part of them being most of the Court of Aldermen and some of the Common-Council had drawn up a Loyal Address in like manner as the whole Burrough of Southwark had done this they Presented to the King at Windsor by the Hands of Sir William Turner and Sir John Moor with abundance of Countenance and Favour But another Party having composed a far different Petition both for form and matter and it being also the same Day carried to Windsor by the Lord Mayor one Alderman and the Recorder they were refused to be admitted to the Kings Presence but orderd to attend at the Council at Hampton Court the Thursday following where they received a Repremend from my Lord Chancellor Finch now newly created Earl of Nottingham At the same time it was that the Leiutenancy of the City of London attended with their Loyal Offers of their Lives and Fortunes among these was Sir George Jeffryes the Kings Serjeant and late Recorder of London with his Sword on as one of the said Leiutenancy On the 8th of June in Trinity Term was Dr. Oliver Plunket Tryed for High Treason at the Kings Bench Bar the Evidence against him were all profest Papists as said and came out of Ireland the chief matters Sworn against him That he was made Primate of Ireland by the Pope at the King of France's recommendation that upon that account he having ingaged to do that King all the Service he could he had actually Levied among his Popish Clergy great Sums of Mony therewith to introduce the French Dominion into that Kingdom and extirminate the Protestants Upon this Evidence he was found Guilty The next day being Thursday the 9th of June Fitz-Harris was Tryed at the same Bar for High Treason the chief Evidence against him were Everard and Sir William Waller for the Prisoner appear'd Oats and Colonel Mansell and told a long story Scandalous in it self but of no weight My Lord Chief Justice therefore according to the Evidence which was home and clear against the Prisoner directed the Jury to find for the King which being also the directions of the other 3 Judges the Jury after above an half hours consultation brought in their Verdict Guilty Presently after this Tryal Mrs. Fitz-Harris the Prisoners wife and her Maid accused my Lord Howard of Escrick of the Contrivance of that Treasonable Libel of which her Husband was Convicted upon which accusation the said Lord was committed to the Tower on Sunday morning June 12. On the Wednesday following being the 15th of June Plunket and Fitz-Harris were severally brought to the Kings Bench Bar and received Judgment of Condemnation as in cases of High Treason About this time it was that the King in Council was pleas'd to order a Parliament to be call'd in Scotland on the 28th of July I must not forget that on the last day of Trin. Term a Bill of Indictment against the Lord Howard being delivered in to the Grand-Jury of Edmunton Hundred then serving in the Kings Bench for the County of Middlesex Sworn to by Mrs. Fitz-Harris and her Maid and some others and the said Jury not thinking the Evidence sufficient they were about to indorse it with an Ignoramus when Mr. Ward one of the Clerks of the Crown Office attending upon them withdraw'd it from before ' em Of this action they complain'd to the Court but being told that the Attorney General might stop these proceedings as he saw occasion or words to that purpose with which the Jury being nothing satisfied they went immediately and preferr'd a Bill of Indictment against the said Ward to the July of Oswelston Hundred then attending for this misdemanor which Bill the said last mention'd Jury found On Friday the First of July Dr. Oliver Plunket the Popish Primat of Ireland and Edward Fitz-Harris were both Executed at Tyburn for the several Treasons of which they were severally Tryed and Condemn'd the last Term. Plunket in a long Speech declar'd his Innocency forgave his Enemies and Pray'd for the King Queen and Duke of York But Fitz Harris said
of this City and in this and all other things this Court will endeavor to maintain the Rights and Priviledges of the Chair and of the whole City and wherein ye think that we do otherwise the Law must Judge between us With this Answer the Lord Mayor commanded them in the Kings name to depart He also commanded Sheriff Pilkinton to go out and cause 'em to depart which Mr. Sheriff could not disobey thô he himself and all that party were dissatisfied with the Answer And thus this matter rested at that time Wednesday 9th of Aug. the King was pleased to send Sir Lionel Jenkins to fetch the Privy Seal from the Earl of Anglesey which was accordingly deliver'd up And in the beginning of Michaelmass Term following disposed to the Marquiss of Hallifax On the 15th day of August the Dutchess of York was deliver'd at St. James's of a Daughter which was on the 16th day Baptized by the Bishop of London and named Charlotte-Maria The God-father was the Duke of Ormond the Countesses of Clarendon and Arundel Godmothers But the Infant dyed in less than 3 Months During this Long Vacation Mr. Box who had been chosen Sheriff to serve with Mr. North did think fitting to fine rather than take upon him the Office Hereupon the Lord Mayor at a Common Hall held the 19th of September proposed the Electing of an other Sheriff in his place which thô much opposed by the adverse party crying no North no North no Election c. Yet the Lord Mayor went on in the Election and by the Majority of his party Peter Rich Esq a Lieutenant Collonel in Southwark and twice a Burgess in Parliament for that Burrough was chosen and so declar'd whereupon the Mayor dissolved the Court and returned to his House Notwithstanding which the two Sheriffs continued the Assembly and put the question to their own party then remaining the other side being departed with the Mayor whether they wou'd abide by their former choice of Papillon and Dubois or not and thereupon notwithstanding that the Mayor sent 'em word the Court was dissolved and requir'd 'em to depart made a Pole and then cast up their Books and declared the said Papillon and Dubois Sheriffs Elect. But the next Morning my Lord Mayor and Court of Aldermen waiting upon the King at Whitehall gave a full account of the Proceedings Whereupon the two Sheriffs were sent for to the Council severely checkt and told that they had been Guilty of a High Misdemeaner and in fine dismist upon good Bail to Answer to an Information for the same On the 28th of September in the morning Mr. Dudly North and Mr. Rich were according to Custom sworn Sheriffs of London and Middlesex before the Lord Mayor in the Hustings At which time to prevent a Tumult a Company of the City-Train-Bands were drawn up in Guild-Hall The 30th of September the said Sheriffs were presented by the Recorder in the Exchequer and Sworn there the old Sheriffs giving up their Office at the same time But on Michaelmass day being the Customary time for Election of a Lord Mayor of London the Faction Muster'd their utmost Strength against Sir William Prichard the next in Course setting up against him not only Gould but Cornish who had been Sheriff but the year before and at the first appearance Gould and Cornish had the Majority of Votes till at last upon a long Scrutiny and a thorough examination into the Capacity of the Voters it was found that a great number had appear'd for them who were not legally intituled to Voices no less as reported than 60 of one Company viz. the Merchant Taylors which kind of people being struck out of the Number it appeared that Sir William Prichard had 2138 Votes and Gould 2124. Whereupon on the 25th day of October Sir William was by the Court of Aldermen declar'd at Guild-Hall Lord Mayor Elect and the usual Ceremonies then and there perform'd to him as such with mighty acclamations from all the Loyal party in London The 30th of October he was Sworn at Westminster At which Solemnity some Factious Companies refused to attend as other years On the 6th of November the 5th happening on a Sunday the Rabble were so unruly after the Bonfires that they gather'd together in a great number at least 1500. Crying a Monmouth and knocking down such as they suspected not to be of their own Gang and committing many other riotous actions in Cheapside and thereabouts till dispersed by my Lord Mayor and Sheriffs assisted by some of the Train-Bands who took several of the Rioters and committed them some to Newgate some to the Counters This occasion'd a stricct Order of Council November 10th That no person whatsoever should presume to make any Bonfires without special Order so to do by the Magistrates Which Order being vigilantly observed by the Justices of Middlesex and my Lord Mayor who with the Sheriffs rid up and down the Streets of London all Friday Night the 17th of November No Riotous Actions and Burning of the Pope was suffer'd that Night as usual some years past Afterwards at the Latter end of this Mich. Term Mr. Williams and Mr. Wallop Councellors at Law moved in the Court of Kings Bench for a Mandamus to be directed to Sir John More and the Aldermen of London to Swear either Gould or Cornish into the Office of Mayor of London but this Motion was lookt upon as ridiculous and my Lord Chief Justice refused to give it the least Countenance such a Mandamus in the Disjunctive being a thing never heard of and absur'd in it self This Term also it was That by publick Authority all the Weekly Intelligencies which hetherto were publisht every Day but Sunday were prohibited and the Hawkers silenc'd On the 24th of November the great Cause was Tryed at the Kings Bench Bar between his Royal Highness and the late Sheriff Pilkinton for these words spoken of the Plantif viz. He Fired the City and is now come to cut our Throats This was the greatest Scandalum Magnatum that was perhaps ever Tryed and the Words being proved by Sir William Hooker and Sir Henry Tulse Aldermen of London the Jury found for the Plantiff and gave 100000 l. Damages On the last day of the Term Pilkinton render'd himself in discharge of his Bail a Prisoner in Execution Into whose place of Alderman was Elected Mr. Sheriff North. On Wednesday the 29th of November Dyed at his House in St James's Park the Illustrious Prince Rupert Prince Palatine of the Rhine and Duke of Cumberland c. in the 63d year of his Age. After whose Death His Majesty was pleased to confer the Constable-ship of Windsor-Castle on the Right Honourable the Earl of Arundel On Monday the 18th of December The Right Honorable Henneage Earl of Nottingham Lord high Chancellor of England departed this Life Into whose Office Succeeded Sir Francis North then Lord Chief Justice of the Common Pleas Sir Francis Pemberton then Lord Chief Justice of the
Kings Bench being removed to be Chief Justice in the Common Pleas and Sir Edmund Saunders of the Middle Temple made Lord Chief Justice of the Kings Bench. On St. Thomas's Day the Election began for Common-Council Men in London which went generally for the Royallists and accordingly at the first Common-Council that was held it was caried by the Majority of Votes That thanks should be return'd to Sir John Moor for his good Administration of the Office of Lord Mayor last year which was done accordingly Before I conclude this 34th year of His Majesties Reign I must observe that this year was remarkable for the coming of Two very Extraordinary Embassadours to our Soveraign never known before in England One was from the Emperour of Fez and Morocco his name Hamet Ben Hamet Ben Haddu Ottor a Man of great Eminency in his own Country as report says His business about setling a Peace with Tangier much respected he was here carest at Court and at both the Universities and he seemed to express no less esteem for our Nation But at his return upon what account I know not he was reported to be received by his Master with disgrace The other Embassadour was from the King of Bantham or Surosoam in the East-Indies His business about the East-India Trade The end of this year was also remarkable for several new Titles of Honour to which His Majesty was pleased to promote several Eminent persons who had for their signal Loyalty deserved His Favour viz. 1. The Duke of Ormond Created a Duke of the Kingdom of England but by his old Title of Ormond 2. The Marquiss of Worcester Created Duke of Beaufort 3. The Lord Norris Created Earl of Abingdon 4. The Vicount Campden Created Earl of Gainsborow 5. Conniers Lord Darcy Created Earl of Holderness 6. The Lord Windsor Created Earl of Plimouth 7. The Lord Townsend Created Vicount Townsend of Raynham 8. Sir Thomas Thinne Baronet Created Baron Thinne of Warminster and Vicount Weymouth 9. Collonel George Legg Created Baron of Dartmouth 10. The Lord Allington Created a Baron of this Kingdom by the Title of Baron of Wymandley 11. Ralf Stawell Esq Created Lord Stawell of Somerton Also Collonel Churchill was Created Lord Churchill of Ay mouth in the Kingdom of Scotland On the 20th of January departed this Life in Holland Anthony Earl of Shaftsbury who had left this Kingdom some Months before under the Imputation of Treasonable Machinations and sled for the protection of those States to whom he had formerly when Lord Chancellor of England applied the old Roman Threat Delenda est Carthago Anno 35. Car. 2. Anno Dom. 1683. THe Horses of England are Famous on many Accounts among others for Racing It was upon this Consideration that the French King invited into France several of our most Noted Racers by exposing a Plate or Prize of 1000 Pistoles to be run for before him in the Plain d' Achere near St Germain en lay And accordingly on the 25th of Feb. S. N. the said Race was Run before the King Queen and Dauphin by several of our prime Horses where the Duke of Monmouth's Horse won and was afterwards purchased by the said King Also that King partly upon this account was pleas'd at that time to countenance the Honourable Bernard Howard Esq a younger Brother of the Duke of Norfolk so far as to allow him to come in his Coach within the Louvre a Preheminence due only to the Princes of the Blood and some few others of highest quality in France In March ill news arrived from the East Indies importing the loss of the great Town of Bantham to the Dutch who under colour of assisting the Rebel Prince of Bantham against the King his Father came with forces and seized upon the Town turning out the English there to the great Damage of our English Factory who for a further weight to their sufferings about the same time lost their Ship Joanna cast away at Sea outward bound and in her above 10000 l. On Thursday the 22th of March happn'd a suddain Fire at Newmarket about 8 in the Evening which Consumed a great part of that Town but by the Providence of God came not on that side of the Way where the Kings Palace stood The Monday following the King Queen Duke and Dutchess Returned to Whitehall where the Court continued till Saturday the 14th of April on which Day His Majesty and His Royal Court Departed to Windsor On Tuesday the 24th of April happen'd one of the most famous and Extraordinary Exploits that was ever known in London One Broom Clark of Skinners Hall and Coroner of London having a Latitat out of the Kings Bench in an Action upon the Case at the Suit of Mr. Papillon and Mr. Dubois against my Lord Mayor Sheriff North and several Loyal Aldermen the said Broom acquainting them with the Writ they all submitted to his Arrest and went with him as Prisoners to Skinners Hall and there remain'd under his Custody till one a Clock at Night In the mean time 8 Companies of the Militia are raised by order of the Leutenancy and are posted all that Night in several parts of the City to prevent any Tumults which might happen on so new a thing as the Arrest and detainer of the Lord Mayor and Aldermen of London a thing never heard of before in the times of Peace And it so happen'd that one Fletcher a Common Serjeant of the Poultry Counter having an Action of Debt upon Bond of 400 l. against the said Broom which Action had been enter'd the Week past and Broom acquainted with it who promised to give Bail but the Serjeant finding that promise not perform'd and perceiving him to act so Malipertly with the Chief Magistrates of the City he makes no further delay but Arrests his person in Skinners Hall and carries him forthwith to the Counter Broom being thus gone and no body left in Charge of my Lord Mayor and his fellow Prisoners they demanded if there was any about the House that had any orders to detain 'em any longer in that place which being Answer'd in the Negative they all departed peacibly to their several homes On Tuesday the 8th of May was Tryed at Guild-Hall before my Lord Chief Justice Saunders the Great Riot committed last June at the Election of Sheriffs for London and Middlesex And this was upon an Information exhibited in the Crown Office by Mr. Attorney-General of which I made mention formerly Upon a full Evidence 14 persons were found Guilty viz. The then Sheriffs Pilkinton and Shute The Lord Gray of Wark Sir Thomas Player Cornish Bethel Jinks Goodenough Deagle Jekel Freeman Wickham Keys and Swinock On the Last Day but one of Trinity-Term they were all Fined severally as follows Pilkinton 500 l. Shute 1000 Marks Cornish the same Summ Lord Gray the same Sir Thomes Player 500 Marks Bethel 1000 Marks Jinks 300 Marks Deagle 400 Marks Freeman 300 Marks Goodenough 500 Marks Keys 100 Marks
Windsor but the Ceremony was put off to a further day and on the First of Jan. following he was elected into the Order at Whitehall Saturday the 25th of August the Dutchess of York and Princess visited Bartholmew Fair attended by the Earl of Clarendon with several other Lords and Ladies of the Court not in State but partly Incognito The Day for Election of Sheriffs for London and Middlesex which of Course is on the 24th Day of June was this year adjourn'd to the 5th Day of September on which Day the Livery Men of the City being Assembled at Guild-Hall they confirm'd my Lord Mayors choice of Peter Daniel Esq and chose to serve with him Francis Dashwood Esq Sheriffs for the year insuing At the same time Mr. Deputy Ailworth was chosen into the Office of Chamberlain of the City of London in the Room of Sir Thomas Player removed All which with the other Elections of Bridgmaster and Ale-Cunner was perform'd with the ancient gravity and Moderation and not at all with such Riotous and Factious heats and animosities as of late years The 9th of September was Solemnized according as it had been appointed with Thanksgiving in all Churches for Gods Gracious preservation of His Majesty and his Royal Brother from the late cursed Conspiracy of those that call themselves True Protestants Nor were those of the Communion of the Church of Rome unmindful of this deliverance but did also concur with His Majesties Protestant Subjects in expressing their Loyal Joy on the same occasion and on the same 9th of September did Celebrate in all their publick Chappels at London an extraordinary Service on this account In this Month the right Honourable Sir Francis North Lord Keeper was Created a Baron of this Kingdom by the Title of Lord Guilford On Michaelmass Day the usual time for the Election of a new Lord Mayor the Choice was Adjourn'd over for six Days longer but before that Day came the King being displeased at the Delays of the City in not Signing the Particulars by their Common Council formerly yielded relating to their Charter caused the Attorney-General to enter Judgment of Seizure in the Quo Warranto which was done on Thursday October the 4th and thereupon His Majesty gave Sir William Prichard His Commission to Execute the Office of Lord Mayor of London during pleasure so also to the two new Sheriffs Mr. Daniel and Mr. Dashwood all which were Sworn with the usual Oaths At the same time Mr. Jenner of the Inner Temple was knighted by the name of Sir Thomas Jenner and made the Kings Recorder of London in the Room of Sir George Treby displaced About the same time it was that the Eminently Loyal Sir George Jeoffreys was made Lord Chief Justice of the Kings Bench in the place of Sir Ed. Saunders who dyed last Term And in the Common Pleas Sir Francis Pemberton being put out Sir Thomas Jones was made Lord Chief Justice there in his Room And Sir Francis Pemberton practized at the Common Pleas Bar as a Serjeant in the following Term. On Sunday the 7th of October my Lord Mayor and the two Sheriffs appear'd at Guild-Hall Chappel as usually in their Gowns and Chains but none of the Aldermen in their Gowns and Chains but several of the Loyal Aldermen attended in their ordinary habits 16 of them being made Justices of the Peace by the Kings new Commission in which 8 Factious Aldermen were left out viz. Allin Frederick Laurence Clayton Ward Shorter Gold and Cornish But on Saturday the 13th of October The King sent a new Commission to the City impowering the abovesaid 16 Loyal Aldermen together with 8 new Aldermen viz. Sir Benjamin Newland Sir Benjamin Bathurst Sir John Buckworth Samuel Dashwood one of the present Sheriffs Charles Duncomb Jacob Lucy Peter Palavazine and Benjamin Thorogood to act as Aldermen in their several Wards in the said Commission mention'd And accordingly several of them attended on my Lord Mayor the Day following at Guild-Hall Chappel after the usual form and manner in Gowns and Chains and the next Week assembled in a Court of Aldermen as formerly On Saturday the 27th of October Aaron Smith who had given scandalous Instructions to Colledge at his Trayal at Oxford and had also behaved himself insolently at the said Tryal and who had been since Tryed upon an Information for the same and found Guilty was now brought to the Kings-Bench Bar and received Judgment for his said offence viz. 500 l. Fine to Stand in the Pillory the Tuesday following at Westminster and at the Old Exchange the next Tuesday after to be bound to his good Behaviour for one Year and Imprisonment till this be performed Monday the 29th of October being the next Day after Simon and Jude is the annual Solemnity of Swearing the Lord Mayor of London in the Exchequer And accordingly this Year His Majesty having appointed Sir Henry Tulse by His Commission to execute that Office during His Pleasure he was after the usual manner attended to Westminster by the Companies did the usual Ceremonies in Westminster-Hall made the usual Cavalcade in London but without Pageants and Dined at Grocers-Hall the other Companies Dining at their several Halls as in former Years On the 5th of November several Tumults and Riotous Actions being Committed by the Rabble in and about London especially upon the Sieur Citters Ambassador from the Vnited Provinces by assaulting his Coach and throwing into it several Squibs Stones and Firebrands whereby his Lady who was then with him was dangerously wounded and Complaint hereof being made to the King in Council on the 7th of November His Majesty was pleas'd to order for the future That no Person or Persons whatsoever do presume to throw any Squibs or other Fireworks in the Streets of London or Westminster or other place within the Weekly Bills of Mortality nor assemble together for the making of Bonfires And the Lord Mayor Aldermen and Justices of Peace in their respective Limits are required to take due care for the Performance of the said Order of Council In this Michaelmas-Term Mrs. Celier who had formerly stood in the Pillory and been Fined 1000l for which she had lain a Prisoner in Newgate for several Years was now Bail'd out upon a Writ of Error which she had brought to reverse all the Proceedings On the 22d of November this Michaelmas-Term Algernoon Sidney Esq who had been arraign'd for High Treason on the 7th Instant was Tryed for the same and found Guilty at the Kings-Bench Bar and on the 26th being the Monday following he was brought to the said Bar and received Sentence of Death as usual in the Cases of High Treason and was beheaded at Tower-Hill on the 7th of December following On Saturday the 24th of November The Duke of Monmouth came in voluntarily about 5 at Night and surrender'd himself to Mr. Secretary Jenkins having before writ a very Submissive Letter to His Majesty entirely resigning himself to His Majesties disposal
containing Their humble thanks to His Majesty for demanding their advice that accordingly they gave it they beseech Him to communicate to them His Resolutions thereupon and whereas they conceive that the Inconveniencies and Dangers which the Kingdom now lies under might totally or in a great measure have been prevented in case His Majesty had accepted of the Advice by them given in their Addresses of the 26 of May Last and the 31 of January That therefore he would please to remove those Counsellors that advised him to give those answers which he did to the said Addresses that he would please to accept of this Petition in good part as proceeding form persons heartily devoted to him c. In fine that he would please to remove the Duke of Lautherdale from His presence and Councils Which being read the King immediately returned Answer in these few words only That he was much Surprized at the Extravagancy of their Address and unwilling at present to give it such a due Answer as it deserves On the Munday following the King past several private Bills and then caused the Parliament to be Prorogued till Thursday come Sevenight being the 23 of this instant May by which means this Session which had been of a long Continuance by Adjournment was determin'd and all Bills and business in either House then Depending defeated and returned to the same State as when first moved But withal such Bills as had been rejected are now in a Capacity of being moved again which no Bill can be in the same Session when once rejected On the aforementioned Thursday the 23. of May the Parliament met again and the House of Commons being sent for by the Black Rod to attend His Majesty in the House of Lords the King delivered His pleasure to this effect That he is resolved as far as He is able to save Flanders either by a War or Peace which way he sees most conducing either ways he thinks it convenient to keep up His Army and Navy at Sea for some time till a Peace be concluded but leaves it to them to consider of Supplies for their Continuance or Disbanding and in either case not to discourage so many Worthy and Gallant Gentemen who have offerd their Lives and Service to their Country and that in pursuit of the Parliaments advice and Resolutions That a Branch of His Revenue is now expiring another part of it is cut off by a Clause in the Poll-Bill That he has borrowed 200000 l. upon the Excize at their request of all which they are to consider That he hath no Intentions but of good to them and His people nor ever shall Desires they will not drive him into extremities which must end ill both for them and Him and which is worst of all for the Nation desires to prevent all disorders and mischeifs that may befal by our disagreement but in case any do leaves it to God Almighty to Judge who is the occasion of it In fine That he will not for the future suffer the Course and Method of passing Laws to be changed by taking together several matters in one Bill This was immediately followed by a long but excellent Speech of my Lord Chancellor which thô something too large for the intended Brevity of these Notes must not be omitted The substance therefore contained That Holland is become resolved to seek all occasions they can of coming out of the War in regard the Spaniards fail them That the States to that end entred into a League Offensive and Defensive with His Majesty to obtain a Peace by force if it could not be had otherwise which promised Success till it was heard abroad that this League the onely thing by which His Majesty could oblige the States had been so ill understood at home as to meet with some very unfitting and very undeserved Reflexions and that they understood there was a Resolution of giving no Mony till satisfaction first had in matters of Religion which in all Countrys are the longest debates that can be entred upon and at this time should least have been stirr'd when they understood that the King had received an Address and had exprest His resentment of it then they concluded it was in vain to rely any longer on England for England was no longer it self All sides began to wish for Peace as well Spain as Holland and if the Cessation now endeavoured be effected no doubt but a Peace will follow What Influence that Peace will have is uncertain We have given no small provocation to a Mighty King it therfore concerns us to secure our selves by preserving Peace and Unity at home he that foments Divisions now does more harm to his Country than a Forrain Enemy can do no fear of Arbitrary Government can justify no Zeal to Religion can sanctify such a Proceeding He minds them of the Late times when Religion and Liberty were truly Lost by being made a handle and pretence for Sedition when Prelacy was calld Popery and Monarchy Tyranny c. and can we now endure to see men break the Act of Oblivion every day by reviving the Memory of forgotten Crimes in new Practices It s worth Consideration whether we do not bring some kind of scandal upon the Protestant Religion when we seem so far to distrust the truth and power of it that after so many Laws past to guard it and so many miraculous deliverancies from the attempts made against it we should still be affraid of its continuance Hath not the Late Act made it impossible for the most conceal'd Papist that is to get any kind of Imployment As little reason there is to be jealous of our Liberties and Property Can there be a greater evidence of the Moderation of a Prince and His tenderness of the Liberty of the Subject than to suffer as he does every day so much licentious and malitious Talk to pass unpunisht Search all Nations through all Ages and shew fewer greivances and less cause of Complaint and a happier people than we at are this Day He proceeded then to the matter of the Revenue to the same purpose with what the King had said before but enlarging Tells em The King will no more accept a good Bill how valuable soever unless it comes in the old and decent method of Parliaments that the late way of tacking together in one Bill several Independent and incoherent matters seems to alter the whole frame and Constitution of Parliaments takes away the Kings Negative Voice in a manner forcing Him to take all or none it takes away the Negative Voice too of the House of Lords by the same Consequence It looks like a kind of Defamation of the Government and seems to suppose the King and House of Lords to be so ill affected to the Publick that a good Bill cannot carry it self through by the Strength of it's own Reason and Justice without being helped by Clauses it gives up the greatest share of Legislature to the Commons
multitudes of His Majesties Subjects which Proceedings being contrary to the Common and known Laws of this Land and tending to promote discontents among the People and to raise Sedition and Rebellion His Majesty doth therefore strictly charge and commad all and every his loving Subjects of what Rank or Degree soever that they presume not to agitate or promote any such Subscriptions nor in any ways joyn in any Petition of that manner to be preferred to His Majesty upon peril of the utmost rigour of the Law that may be inflicted for the same At the same time His Majesty issued out another Proclamation declaring His Resolution to Prorogue the Parliament from the 26th of January to the 11th of November next Notwithstanding the scope of these two Proclamations the business of Petitioning went forwards several were perfected and delivered not long after one from London Subscribed with many Thousands of hands others from York Essex Surrey and Wiltshire all which the King receiv'd but coldly and as appeared afterwards ineffectually for on the 26th of January being the Day to which the Parliament was Prorogued His Majesty was pleased to make a short Speech to both Houses containing That when he declared in Council His Intention of putting off the Parliament to a time so remote as November it was not without mature Consideration That he cannot be perswaded from any thing that has happened since in reference to Affairs within the Kingdom to alter or repent of that Resolution That notwithstanding considering the present danger which threatens some of our Neighbours and Allies He thinks fit to appoint a day for their meeting again in April yet the Distractions and Jealouses at home are of such a nature and so heightned and improved by the malice and and Industry of ill men that he is unalteablylos opinion that a longer Interval of Parliament will be absolutely necessary for composing and quieting of Mens minds in order to which he is afraid the most proper Remedies would prove ineffectual without the assistance of some further time He resolves therefore that on the said meeting in April there shall be a further Prorogation unless the Condition of our Allies abroad do then require our immediate assistance Hereupon he commanded the Lord Chancellor to Prorogue the Parliament to the 15th of April In the mean time Articles of high Misdemeanor were offer'd by way of Complaint to the King and Council against the Lord Chief Justice Scroggs by Oates and Bedloe who had formerly declar'd themselves unwilling to give any Evidence against any Papists or concerning the late Popish Conspiracy in any Court where the said Chief Justice should fit as Judge But the Prosecution of this Affair soon fell and the Cause never came to be heard further than the Chief Justices Answer In the beginning of Hillary Term Sir Thomas Gascoigne a York-shire Knight of 85 years of age was Arraigned at the Kings Bench Bar in Westminster Hall upon an Information of High Treason in conspiring the Death of the King and the Subversion of the Government He was afterwards brought to his Tryal at the same Bar the Jury were all York-shire Gentlemen the Foreman Sir Thomas Hodson The chief Evidence against him one Balron who had formerly been Baily of his Colepits and one Mowbray who had also belonged to his Family but their Testimony it seems not being of that Weight or credibility with the Jury as some expected they brought in their Verdict Not Guilty whereupon the Prisoner was immediately discharged We are now arrived at the end of the 31st year of His Majesties Reign a year observable for many Revolutions thô all concluding peaceably and well through the Mercy of God and the Wisdom of our Superiours the factious Rabble having been never more ready for Combustion since the late Wars of Cursed Memory Anno 32 Car. 2. Anno Dom. 1680. THE Conclusion of the last Year left his Royal Highness in Scotland but the beginning of this must be remarkable for his return to England which healing Action in the entrance will I hope as a good Omen prognosticate Peace and Happiness to the King and Kingdom during the rest of this Thirty second Year of His Majesty's Reign On the 31 of January the Duke acquainted the Lords of the Privy Council at Edinburg That he had received a Letter from the King calling him very speedily to Court That though he did very chearfully obey His Majesty's Commands and went with much joy to attend Him yet he could not part from their Lordships so soon without a great deal of Reluctancy and Trouble having both at his reception and during the short time of his abode there met with all possible demonstration of civility and kindness both from the Nobility Gentry and from the Representatives of the several Bodies of the Nation particularly from the Council of which he had so just a resentment that he could not in all his life forget them and should not fail upon all occasions to meet their great kindness and affection shewn him with all the service he was capable to do them That he would acquaint His Majesty that He had in Scotland a brave and loyal Nobility and Gentry a regular Privy Council and the Judicatures filled with able Persons well affected to His Majesty's Service and Interest That he had observed the disaffected Party were nothing so considerable as their Friends in England studied industriously to represent them to be He then recommended to the Council the setling of the Differences between several Gentlemen of the Highlands whom he had always observed to be firm to His Majesty's Interest The Lord Chancellor in the name of the Council acknowledged the great happiness they had had in hi Presence Conduct and Advice and declared how much devoted they all were to the Service of His Majesty and his Royal Highness and that they could not express the great grief they had to part so soon with him to whose Council and Presence they owe so many Advantages After this the Duke Duchess and all their Retinue began their Voyage by Sea for London where he arrived at the Court Privy Stairs on the 24th of February about Three in the afternoon not without all the due signs of Joy and Welcome There arrived at the same time from the Privy Council of Scotland a Letter full of Loyal Expressions to the Kings Service with abundance of Recommendation and Protestations for the Duke's Interest Two days after his arrival his Royal Highness was attended by the Lord Mayor Court of Aldermen Recorder and Common Council of the City of London at which time the Recorder having in all their names Congratulated his safe arrival they all kist the Hands both of the Duke and Duchess On the 11th of February His Majesty was pleased to declare in Council that He had granted His Secretary Coventry leave to resign his Place of Secretary of State That His intention was to continue him however of His Council And that
this was because the Stat. 13 of this King requires two Lawful and credible Witnesses in Cases of Treason and Dangerfield being not esteem'd such there remain'd only one Witness viz. Oates Saturday the 26th of June being four Days before the Term ended the Grand Jury of Middlesex came to the Kings-Bench Bar and by their Foreman Charles Humphrevile Esq presented to the Bench a Petition Subscribed by 21 of them and desired my Lord Chief Justice to present it to the King for the sitting of the Parliament but the Court refusing to Act in it received it not And the said Jury were at the same time Discharged from further attendance It is said that they had at that time some Bills and Presentments before them against several Persons for being Popish Recusants in Order to their Conviction all which they would have found and presented in few Hours time had they not been Discharged among the rest a Bill against the Duke of York brought into the said Jury and Promoted and in some sort attested by several Lords and Members of Parliament viz. Huntington Shaftsbury Gray of Wark Brandon Russel Candish Sir Gilbert Gerrard Sir Edward Hungerford Sir Scroop How Sir William Cooper Sir Thomas Wharton John Trenchard Esq Thomas Thynn Esq and William Forester Esq And note that the Proceedings of the Petition abovesaid were disowned by another Grand Jury of Middlesex who the same Day came in and presented the Court with a Paper Subscribed by them to that purpose desiring the Court to take particular notice of their dissent to the irregular Proceedings of the other Jury On the last Day of the Term several who should have been Tryed about the' Plot were in regard the Attorny-General had not Evidence sufficient against them some Bail'd and some absolutely Discharged by vertue of the late Act of Habeas Corpus 31. Car. 2. Among the first were Sir James Symonds Edward Peters and Needham with several others who were reputed Priests Mr. Howard Mr. Heveningham both the Ropers Sir John Gage and young Langhorn were absolutely Discharged from their long Imprisonments some having lain by it for 23 Months and the reason of their Discharge was because Mr. Attorney-General declar'd that he had but one Witness against them Sir Anthony Dean and Mr. Pepys were also at the same time absolutely Discharg'd from further attendance But one Holcroft a Conventicle Preacher having removed himself by Habeas Corpus from Cambridge Goal and appearing to be a very Seditious and dangerous Person and to be in Prison not only by Warrant of the Justices on the Oxford Act but also on 17. Car. a Capias Excommunicatum was 2. c. 2. remanded On the first of July being the Day to which the Parliament had been formerly Prorogued it was further Prorogued by Commission to the 22d of the same Month the Duke of York being present in the House and from thence to the 23d of August Bethel who had been one of the Committee of Safety in the late Times and Cornish two reputed Phanaticks had been chosen Sheriffs of London last Midsummer for the Year insuing but appearing since uncapable to bear Office in any Corporation by the Stat. 13. Car. 2. Stat. 2. c. 1. a New Election was appointed to be at Guildhall on the 14th of July against which time they capacitated themselves by receiving the Sacrament and abjuring the Covenant c. As appointed by the said Act and stood for a New Choice against whom two other Competitors appear'd Fox and Nicholson in so much that they came to a Poll a thing unusual during which time a Rlotous Assault was Committed on the Person of Sir Simon Lewis one of the then Sheriffs by Osborn a Draper and others of Bethels Party which being Represented to the King the same Night by the Lord Mayor and Sheriffs in Person he Ordered a Commission of Oyer and Terminer to be Issued out for Tryal of the said Riot They continued Polling till Monday following and from thence by Adjournment to Thursday The King in the mean time being entertain'd at Supper at Sheriff Lewis's House Tuesday July 20. On the 29th of July and not before the Votes were declar'd at a Common Hall then Assembled at the Guild-Hall to stand thus Bethel 2276. Cornish 2483. Box 1428. Nicholson 1230. Whereupon the two first were declared lawfully Chosen with great Acclamations At the same time an Address was Presented to the Lord Mayor by Thomas Papillon Esq in the Name of the Commons of the City thereby Disowning all tumultuous and disorderly Proceedings in their last Assembly other than what might be the effect of Emulation for His Majesties Service and the Preservation of their own just Rights desiring his Lordship to Represent the same to the King and that he would in their Names humbly beseech His Majesty that the Parliament might speedily Assemble To which the Lord Mayor Answered in a short Speech That he had not misrepresented any thing touching their last Assembly to His Majesty That their Address touching the Parliament might have been spared in regard the King had been pleased not long since to declare to him and assure him That this Parliament should sit in November next however that he would not be wanting with all humility to lay the whole matter before him On the 23d of August being the Day to which the Parliament had been Prorogued the Houses met and were further Prorogued to the 21st of October following The King promising that they should sit then and Publishing His Proclamation to that purpose Several Remarkable Passages happen'd this long Vacation As the Death of the Earl of Ossery into whose Place of Lord Chamberlain to the Queen Succeeded the Earl of Feversham The Death of Bedloe one of the Evidence concerning the Plot. Also the Prince Palatine Eldest Son of the Elector being here in England on a Visit to the King he received News of the Death of his Father in Germany during his absence It was also during this Vacation that Elizabeth Celier before mention'd Publisht a Narrative of her Tryal and Sufferings in which were some words like Reproach to the Government for which she was Tryed found Guilty of Publishing a Libel Fined 1000 l. to stand Thrice in the Pillory Good Behavior during Life and her Book to be Burnt by the Hangman And now comes on the long expected 21st Day of October and with it the first Session of this Parliament The Day before which The Duke and Duchess of York began their Journey for Scotland by Sea The King Accompanying them as low as Woolwich and there Dineing with them on Shipboard The same Day many Members of both Houses to the Number of 200 as reported met in a kind of Caball at Dinner at the Sun Tavern behind the Exchange On the 21st the Kings Speech contain'd That He had during this long Prorogation made Alliances with Holland and Spain That He desired Mony of them for the Relief of Tangier which had already exhausted
undecent Expressions was by order of the Lords House burnt by the Common Hangman at the Exchange and in the Pallace yard On the 4th of January His Majesty was pleased to send His Message to the House of Commons in Answer to their Address of December 21. abovemention'd in which Message He let them know That he had received their Address with all the disposition they could wish to comply with their reasonable Desires but upon perusal of it he was sorry to see their thoughts so wholly fixt on the Bill of Exclusion as to determine that all other remedies for the Suppressing of Popery will be ineffectual That His Majesty is confirm'd in His opinion against That Bill by the Judgment of the House of Lords who rejected it That He thinks there remains nothing more for Him to say in Answer to the foresaid Address then to recommend to this House the Consideration of all other means for the preservation of the Protestant Religion to which they have no reason to doubt His concurrence whensoever they shall be presented to Him in a Parliamentary way And in conclusion again He urges them to the preservation of Tangeir On the Friday following being the 7th of January the House entred upon the Consideration of the said Message and resolve as the opinion of the House That there is no security or safety for the Protestant Religion the Kings Life or the Well constituted and establisht Government of this Kingdom without passing a Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland and the Dominions and Territories thereunto belonging and that to rely upon any other means or remedies without such a Bill is not only insufficient but dangerous That till such a Bill be past this House cannot give any Supply to His Majesty without danger to His Majesties person Extream hazard of the Protestant Religion and unfaithfullness to those by whom this House is intrusted That all persons who advised His Majesty in His last Message to this House to insist upon an opinion against the Bill for Excluding the Duke of York have given Pernicious Council to His Majesty and are Promoters of Popery and Enemies to the King and Kingdom And as such they name George Earl of Hallifax Henry Marquiss of Worcester Henry Earl of Clarendon against which as also against Lewis Earl of Feversham and Laurence Hide Esq they Vote an Address to be presented to His Majesty to remove them from all Offices of Honour and Profit and from His Majesties Councils and Presence for ever They further Vote and Resolve the same day That whosoever shall herafter Lend or cause to be Lent by way of advance any Mony upon the Branches of the Kings Revenue arising by Customs Excise or Hearth Mony shall be adjudg'd to hinder the sitting of Parliaments and shall be responsible for the same in Parliament On the Monday following being the 10th of Jan. the King was pleas'd to determin this Session by Proroguing the Parliament to the 20th day of Jan. then next following at the same time passing only Two Publick Bills viz. One about Irish Cattel and One about Burying in Woollen The House of Commons were it seems aware of this Prorogation and therefore that very morning the first thing they did after they were sate and before the Usher of the Black Rod came in they Resolved That whosoever advised His Majesty to Prorogue this Parliament to any other purpose then in Order to the passing of a Bill for the Exclusion of James Duke of York is a Betrayer of the King the Protestant Religion and of the Kingdom of England a Promoter of the French Interest and a Pensioner to France On the 13th of Jan. a Court of Common Council being Assembled in London they ordered to be drawn up and Presented to the King a Petition setting forth That whereas the Parliament had convicted one of the 5 Popish Lords in the Tower and were about to convict the other 4 of High Treason That they had Impeacht the Chief Justice Scroggs and were about to impeach other Judges and all this in order to the preservation of His Majesties Life the Protestant Religion and Government That they were much surprized to see the Parliament Prorogued in the hight of their buisiness That their only hopes were that this was done only in order to bring such Affairs about again as were necessary to the Settling the Nation They therefore pray'd that His Majesty would be pleas'd to let the Parliament sit at the day appointed and so to continue till they had effected the great Affairs before them To this effect were the words of their Petition which was further ordered to be delivered that night or as soon as may be by the Lord Mayor attended with the new Recorder George Treby Esq and certain Members of the Court of Aldermen and Common Council But before the said 20th day of Jan. arrived the King was pleased by his Proclamation bearing date at Whitehall Jan. 18. to dissolve this Parliament and intimate His Royal pleasure and intentions to call an other to sit on the 21st of March following at Oxford Not long after this viz. on the 25th of Jan. the Earl of Essex and other Lords Presented to the King a Petition setting forth That whereas the Nation and His Majesties Person were in imminent danger from the Papists unto which no stop or remedy could be provided unless by a Parliament That several Parliaments being call'd and assembled they were Prorogued and dissolved before any sufficient order could be taken therein c. That His Majesty had been prevailed with to call another at Oxford where neither Lords or Commons can be in safety but will be dayly exposed to the Swords of the Papists and their adherents the liberty of speaking thereby destroyed and the validity of their Acts and proceedings left disputable the straightness of the place unfit for such a Concourse of persons as now follows every Parliament and the Witnesses which are necessary to give Evidence upon the Commons Impeachment unable to bear the charges of such a Journey and unwilling to trust themselves under the Protection of a Parliament that is it self evidently under the Power of Guards and Soldiers They therefore pray that the Parliament may sit at Westminster This was subscribed Monmouth Kent Huntington Bedford Salisbury Clare Stamford Essex Shaftsbury Mordant Evers Pâ—get Grey Herbert Howard Delamer About the same time the King was pleased to displace my Lord Sunderland from the Office of Secretary of State and to confer the said Office on my Lord Conway and several other Members of the Privy Council were then also alter'd And thus concluded the 32d year of His Majesties Reign observable for divers matters but above all for the Transactions of the Lords in Parliament who by their Prudent and Judicious proceedings on the 15th of November defeated the industrious malice of the Dukes Enemies by rejecting the Bill past by the Commons
return into England and to that his Pallace Also His Royal Highness being Captain of the Artillery Company was invited and Feasted by that Company in London Thursday in Easter Week One thing more ought not to be forgot as well for the Dukes Honour as the gratitude of the Bishops in Scotland That is a Letter Subscribed by seven Bishops there and directed to the Arch-Bishop of Canterbury soon after the Dukes departure and bears date at Edinbourgh March 9th 1682. Setting forth That since his Royal Highness came into that Kingdom they the said Bishops found their case much changed to the Better and their Church and order sensibly releived and rescued which next to the watchful providence of God they can ascribe to nothing so much as to his Royal Highness gracious owning and vigilant protecting of them who upon all occasions gave fresh instances of his eminent Zeal against the most unreasonable Schism which by renting threatens the Subversion of their Church and Religion and concerns himself as a Patron to them in all their publick and even personal Interests That they did never propose to his Royal Highness any rational Expedient which might conduce to the relief or security of the Church which he did not readily embrace and effectuate That the Peace and tranquility of that Kingdom is the effect of his prudent and steddy conduct of Affairs That the humours of the wicked Phanaticks there are much restrained from Dangerous eruptions upon their apprehensions of his vigilance and Justice And that they desire the said Arch-Bishop of Canterbury to make their dutiful acknowledgements to His Royal Highness for all His Princely Favours to them with assurance of their most firm endeavors to serve him of their most fervent Prayers for His Temporal and Eternal Happiness Subscribed Alex. St. And. Arth Glascuens Jo. Edinburgens Ja. Gallouidiens Andr. Dunkelden Geor. Erechin Ja. Dumblanen About Easter certain Persons to the number of many Hundreds as reported did design to meet at a publick Thanksgiving Sermon and Dinner pretended for Gods wonderful Providence in delivering and protecting His Majesties Person the Protestant Religion and English Liberties from the hellish and frequent attempts of their Enemies the Papists and Tickets of Invitation to this purpose were deliver'd abroad for a Meeting on Friday the 21st of April Which Meeting was by special Order of His Majesty in Council April the 19th Prohibited and supprest in regard the appointing of publick Fasts and Thanksgivings is a matter of State belongs only to His Majesty by His Prerogative and therefore such a Thanksgiving being appointed by the Subject His Majesty lookt upon the same as an insolent Attempt in manifest derogation of His Right and of dangerous Consequence On the 3d of May His Royal Highness left the Court at Windsor in order to His Journey into Scotland from thence to fetch hether the Duchess great with Child He went by Sea in the Glocester Frigat attended by several other Vessels In which Voyage the Dukes Ship striking on the Lemon-ore Sands in Yarmouth Road the Vessel was lost with above 100 Men but the Duke and several others of the greatest Quality went off timely into a Yaut attending and arrived safely in Scotland Where a little before had been an Insurrection or Tumult of Apprentices at Edinborough supprest by the Soldiers not without Blood About the same time another Tumult of Apprentices was begun at Dublin but quickly supprest The Insuing Easter Term yeilded several passages of publick note in the Kings Bench Court at Westminster The Earl of Shaftsbury had brought his Action of Scandalum Magnatum against one Mr. Craddock a Citizen and Mercer in Peter-Noster-Row for speaking some Words of the said Earl importing him to be a Traytor which Action being laid in London and the Defendants Council shewing that there was no likelyhood of a fair Tryal by a London Jury by reason that the Earl was not only Free of the City but also of the Skinners Company of which Sheriff Pilkinton was Master and that therefore the Jury ought to arise out of some Neighbouring County to which the Court inclined and gave the Earl his choice of any County of England but the Earl replying That he had rather lay down his Action than admit it to be Tryed in any other County in regard most of them had put Abhorrences upon him which positive resolution of his did confirm the Lord Chief Justice in his Opinion of the Earls confiding in a London Jury and therefore order'd that unless he would consent to Try it by a Country Jury it should not be Tryed in London whereupon the Earl discontinued his Action The like Rule was made soon after in the same Court between the said Earl and Mr. Graham Principal of Cliffords Inn against whom his Lordship had brought an Action of Conspiracy he having been appointed by the Kings Council to be Sollicitor in the Indictment against the said Earl at the Old-Baily The like Rule also in the Exchequer in Slingsby Bethels Case Also Wilmore the Ignoramus Foreman of Collidges Grand Jury having convey'd away a young Boy and sent him to Jamaica a Writ de Homine replegiando was brought against him upon which Writ the Sheriffs of London making an insufficient Return and obstinately refusing to return Elongatus est which was the Return proper in this Case they were both brought into the Kings Bench upon an Attachment where they received a severe reproof from the Court and were glad to submit with assurance of better behaviour for the future Hereupon Elongatus est being return'd a Capias in Withernam issued out against Wilmore to take him into Custody and detain him until he produces the Boy Nor was this fufficient but the said Wilmore was on the 23d of May Tryed at the Kings Bench Bar upon an Information exhibited by the Attorney General for conveying away the said Boy being under the Age of 13 and unknown to his Parents and upon a full Evidence of the foul Fact he was found Guilty by a Kentish Jury who never went from the Bar. Really the London Jurys were at this time notorious to the whole Nation for partiality The foresaid Wilmore had been Indicted in the City for the said Crime of Boy-stealing but the Grand Jury there found the Bill Ignoramus Also one Harris Tryed at Guild-Hall for dispersing a most wicked Libel was against a most apparent and home Evidence and the Positive directions of the Court found Not Guilty for which finding the said Jury could give no other reason than their own Arbitrary Will For such like Actions as these His Majesty was pleas'd to Order the Attorney-General to bring a Quo Warranto against the City of London of which more hereafter On the 27th of May The Duke Dutchess and Lady Anne arrived at Whitehall having been met there by the King and Queen who came from Windsor that Morning and were all entertain'd at Dinner that Day at my Lord Arlingtons at
Wickham 100 Marks Swinnock 500 Marks and Jekel 200 Marks On the 19th of May being the last Saturday in Easter Term Sir Patience Ward one of the Aldermen of London was Tryed at the Kings Bench Bar upon an Information of Perjury for giving false Evidence upon Oath in the Cause Tryed last Mic. Term between the Duke and Pilkinton The Perjury was proved upon him by the Oaths of several Aldermen and other persons of great Credit among which were two of the Jury that Tryed the said Cause between the Duke and Pilkinton Whereupon the said Sir Patience was Convicted and found Guilty by the Jury but the Judgment of the Court was respited till next Term. The better part of the City of London both for Number and Quality appear'd about this time very Loyal and as an Instance of their Good Affections it was Resolved at a Common-Council held at Guild-Hall May 22. That whereas Sir William Pritchard Knight Lord Mayor of this City was in a rude manner lately Arrested at the Suit or in the name of Mr. Papillon and Mr. Dubois and whereas it hath been alledged by the said Mr. Papillon and Mr. Dubois that the Action upon which the said Arrest was was prosecuted at the Instance of the Citizens of London the Members of this Court to deliver themselves and the said Citizens from this untrue imputation do declare that they were not privy or consenting to the said Action or Arrest and do disown and disapprove the same And not long after Broom the Coroner was by the Common-Council put out of that Office and made uncapable of enjoying any place of preferment in the City Soon after viz. on the 25th of May was set up in one of the Niches of the Old Exchange a Curious Statue of King Charles the First with this Inscription underneath cut in Marble ΕΙΚΩΠΒΑΣΙΛΙΚΗ Serenissimi ac Religiosissimi Principis Caroli Primi Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris Bis mar â—ris in Corpore in Effigie Impiis Rebellium manibus ex hoc loco deturbata confracta A. D. MDCXLVIII Restituta hic demum collocata A. D. MDCLXXXIII Against the beginning of Trinity Term the Scaffolds in Westminster-Hall after they had stood there and cumber'd the Hall for above Three Years were by order from my Lord Chamberlain taken down and removed On Wednesday the 6th of June was held a Common Council at Guildhall in London where all the Treasonable and irregular Acts of that Court in the Times of Rebellion were Repeal'd and a Bill past in the said Common Council for declaring and asserting the Antient Rights of the Chair by which Bill my Lord Mayor and Court of Aldermen were restored to their negative Voice which had been taken away by an Act in the late Rebellious Times and never question'd before that Also it was at this Common Council declar'd and Enacted That my Lord Mayor has sufficient and lawful Power of Choosing one Sheriff And accordingly my Lord Mayor did the next day declare his Choice at the Bridg-House Feast by Drinking to Mr. Alderman Daniel as one of the Sheriffs of London and Middlesex for the Year insuing On the first Tuesday in Trinity-Term Judgment was given in the Court of Kings-Bench in the Quo Warranto brought last Trinity-Term against the City of London of which I made mention in the last Year The Pleadings were large on both sides The chief Crimes on which this Writ was grounded were Two For exacting Tolls in their Markets illegally and for framing and Printing a scandalous Petition wherein they charged the King with obstructing the Justice of the Nation by Proroguing the last Parliament Whether these were sufficient Causes of seizing their Liberties was argued pro and con by the Sollicitor General and the Recorder last Hillary-Term and by the Attorney-General and Mr. Pollixsin last Term very largely and elaborately And now my Lord Chief Justice Saunders being Sick and absent Justice Jones having concisely Summed up all the Proceedings past in a very pithy and solid Speech gave Judgment and declar'd it to be the unanimous opinion of that Court That the Liberties and Franchises of the City of London be seized into the Kings Hands After which he Declar'd by the Kings express Order That Judgment should not be enter'd till His Majesties Pleasure be further known Thursday the 14th of June was held a Common Council in London at which Court the following Petition was Order'd to be Presented to the King at Windsor it was entituled the humble Petition of the Lord Mayor Aldermen and Commons of the City of London in Common Council Assembled It acknowledged their hearty and unfeigned sorrow for the misgovernment of that City of late Years which occasion'd a Quo Warranto to be brought against them and Judgment therein That they are deeply sensible and thankfully acknowledge the Kings great Favour in not requiring Judgment to be immediately enter'd thereon In this distressed condition they humbly cast themselves at His Royal Feet imploring His Princely Compassion and Grace begging Pardon for all Offences with most solemn promises and assurances of constant Loyalty and obedience to His Majesty His Heirs and Successors and of a regular Administration of His Government in that City for the future and humbly beg His Majesties Commands and directions This Petition was carried and Presented by the Lord Mayor and several Loyal Aldermen and Citizens of London on Munday the 18th of June After which my Lord Keeper by the Kings Command Declar'd That for the sakes of so many of the present Magistrates and other eminent Citizens in London who are of undoubted Loyalty and affection to His Majesties Service His Majesty will shew the City all the Favour they can reasonably desire In fine That His Majesty requires their Submission to these Regulations That no Lord Mayor Sheriff Recorder Common Serjeant Town-Clerk or Coroner of London or Steward of Southwark shall be capable of or admitted to the exercise of their respective Offices before His Majesty shall have approved them under his own Sign manual That His Majesties disapproving the Mayor twice He may if he please nominate a Lord Mayor himself so also for Sheriffs Nevertheless the Election of these Officers may be according to the antient usage of the City with some small Restrictions then specified On Wednesday the 20th of June was held a Court of Common Council again at Guild-Hall the Question being put whether they should assent and submit to His Majesties Order of Regulation as above exprest it was carried in the affirmative by the Majority of 18 Voices The Yeas being 104 and the Nays 86. Towards the end of this Trinity-Term was discover'd a Damnable Plot and Conspiracy carried on by those who call themselves True Protestants Mr. West of the Temple was first apprehended examined and Committed And His Majesties Proclamation Dated the 23 of June came out for the apprehension of others who had Conspired against the Lives of
continued so to do On Wednesday the 11th of June Sir Thomas Armstrong was brought to London and committed to Newgate in order to his Execution being Outlawd in High Treason He had been taken at Leyden in Holland by Order of the States there and immediately brought to Roterdam and Shipt away for England There needed no Tryal of him in regard he fled and was Outlawd and did not yield himself within a year so as to have any benefit of the Stat. 5. E. 6. 11. Wherefore he was Executed at Tyburn on the 20th of June being a Friday the same Day of the same Month and the same Day of the Week on which the five Jesuits were Executed in the same manner at the same place just five years before His head was set up on Westminster-Hall between those of Cromwell and Bradshaw one of his Quarters upon Temple Bar two others at Aldersgate and Algate and the 4th was said to be sent down to Stafford for which Town he had been a Burgess in Parliament On Thursday the 26th of June His Royal Highness the Duke of York being Captain of the Artillary Company of London did them the Honour to march in their Head through the City to the Artillary Ground and there Lead 'em up in Person with mighty Joy and Acclamations On the 7th of July the City of Durham surrender'd their Charter into the Hands of their Prince the Bishop of Durham soon after which surrender He granted them a new one reserving to himself the Confirmation of their Mayor Aldermen and Chief Officers in like manner as the King had done before in other parts of this Kingdom Most Corporations having surrenderd and renew'd about this time On the first of October was made a Review or Muster of His Majesties Land Forces on Putney Heath a most Gallant Military appearance The Horse that Day consisted of the Three Troops of Guards and of their Three of Granadiers of the Earl of Oxfords Regiment of Horse Guards and the Lord Churchills Regiment of Dragoons The Foot were Two Batalions form'd from the Royal Regiment of Guards and their Granadiers One Batalion from the Coldstream Regiment of Guards and Granadiers One Batalion from the Earl of Dunbarton's Regiment and their Granadiers and One from the Admiral Regiment The total of Horse and Foot which then Rendavouz'd were above 4000 advantagiously Trained and well clad Men. All being that Day commanded by the Earl of Craven At which Review both their Majesties and Royal Highnesses were present with great satisfaction About this time His Majesty was pleas'd to Dissolve the Commission formerly granted in the year 1681 to certain Commissioners to dispose of Ecclesiastical Preferments belonging to the Crown So that the said Preferments are now again in His Majesties immediate disposal Sir William Prichard the late Loyal Lord Mayor of London having this Summer brought His Action upon the Case against Mr. Papillon for causing him to be Arested in the time of his Mayeralty without any legal cause of Action of which I made mention in the last year the cause was Tryed before my Lord Chief Justice Jeffreys by Nisi Prius at Guild-Hall on the 6th of Nov. And upon a full hearing of the Evidence the Jury found for the Plaintiff and gave him 10000 l. Damages Other matters of Publick Concern were transacted this Michaelmass Term. Several Factious persons were convicted and Sentenced for Speaking Scandalous and Sedicious Words of the Government In perparticular Elias Best commonly call'd the Protestant Hop-Merchant was fined 1000 l. to stand thrice in the Pillory and good Behaviour during Life Dalby and Nicholson two of Oates's Men for the like and one Mr. Butler of Northamptonshire convicted upon an Information for presenting and Reading to the Knights of the Shire chosen for that County at the last Election a Seditious Paper of Address to them from some factious persons for which he was fined 500 Marks and good behaviour during Life And to shew What matters are too frequently transacted in Conventicles one Thomas Roswell a Conventicle Preacher at Redriff was this Term Tryed and convicted of High Treason in speaking certain very foul and Treasonable Words on the 14th of September last in his Preachment at his said Conventicle but some questions arising in Relation to the form of his Indictment which being argued by Council on both sides the Court took time to advise of their Judgment till next Term and before that arrived the said Roswell obtained His Majesties Gracious Pardon But as if this was not sufficient to shew the ill Principles of the Dissenting Party about the same time news arrived at London of the most Barberous Act in Scotland that has been heard of in many Years Some desperate Rebells there had in the Night time affixed a most Villanous and Trayterous Paper on several Crosses and Church Doors in that Country and therein declared War against the King under the name of Charles Stuart and publisht their Resolutions to kill and destroy all those that serve and adhere to Him in pursuance whereof they came on the 19th of November at Night being about 36 Footmen and 16 Horsemen to an Inn called Swine-Abby 13 Miles from Edinborough and there Barberously Murder'd two Gentlemen of His Majesties Horse Guards in their Beds cutting and mangling their Bodies and carrying away with them several Pieces of their Flesh Also this Michaelmass Term on the 13th of November Titus Oates was in the Kings Bench Court indicted for Perjury in Relation to Ireland's being in London at that time the said Oates Swore to at his Tryal to which Indictment he pleading Not Guilty the Tryal was appointed to be next Term. After this at the Sessions in the Old Bayly December 12th he was again Indicted upon an other Indictment of Perjury in Relation to his being Present at the supposed Consult of the Jesuits at the White-Horse Tavern and upon Not Guilty pleaded this also was appointed to be Tryed in the Kings Bench. Court next Term And the Indictment was removed thither The Roads being this Winter extreamly infested with Robbers His Majesty was pleased on the 19th of December to Order in Council and declare His pleasure for redress That all His Officers of Justice and other His loving Subjects do use their utmost Diligence and Endeaver for the apprehending all Robbers and Highway Men And for the Encouragement of such as shall apprehend any such Offender it was further Order'd That such Person or Persons who shall at any time from the present till the 19th of December 1685 and after that day till His Majesty shall please to recall this Order either by Proclamation or His Order in Council apprehend any Robber or Highway Man and cause him to be brought into Custody shall within 15 days after his Conviction have a Reward of 10 l. for every such Offender so apprehended and Convicted And all Sheriffs of the Respective Counties where such Conviction shall be had are by the said Order
January the King was pleas'd to settle the variety of Rumour and by His Proclamation then publisht absolutely to Dissolve this Parliament promising however to Issue out His Writs for a New one by the 6th of March next following Thus ended this Parliament having now been continued by several Prorogations and Adjournments 17 Years Eight Months and 17 Days being first called on the Eighth Day of May Anno Domini 1661. With this great Turn I will conclude my Historical Observations on this 30th Year of His Majestys Reign a Year very remarkable if it were only on the account of the Dissolution of this Parliament but more especially for the beginning of those Troubles and Combustions which lasted for so many Years after in Relation to the Plot. Anno 31. Car. 2. Anno Dom. 1679. IN further Prosecution of those matters discover'd the last year Green the Cushion-man at Somerset-house Chappel Berry the Queens Porter there and Hill Dr. Goddens Man were on the 10th day of Feb. tryed at the Kings Bench Bar for the Murther of Sir Edmunbury Godfrey which three being convicted cheifly on the Evidene of Miles Prance a Goldsmith were found guilty and having on the next day received sentence of Condemnation to be hang'd for the said Murder Green and Hill were Executed accordingly at Tyborn Feb. 21. But Berry was reprieved for a Week longer all three denying the Fact in as positive terms as could be the last dying a Protestant of which Perswasion he had formerly been before he entred into the Queens service About this time it was that Sir Joseph Williamson quitted his Office of Secretary of State to the Earl of Sunderland To conclude the Transactions of this Month The King Directed the following Letter to the Duke of York Whitehall Feb. 28. 1678. I Have already given you my Resolves at large why I think it fit that you should absent your self for some time beyond the Seas As I am truly sorry for the occasion so may you be sure I shall never desire it longer than it will be absolutely necessary for your good and my Service In the mean time I think it proper to give it you under my Hand that I expect this Compliance from you and desire it may be as soon as conveniently you can You may easily believe with what trouble I write this to you there being nothing I am more sensible of than the constant kindness you have ever had for me I hope you are as just to Me to be assured That no absence nor any thing else can ever change me from being truly and kindly Yours C. R. And accordingly in pursuance of His Majesties pleasure within few days after this the Duke Duchess and Family leave the Kingdom and retired for a while to the Hague and from thence to Brussels And now the Parliament which had been called according to the Kings promise on the Dissolution of the last meet at the appointed 6th day of March The Kings Speech contained That in order to the uniting the minds of His Subjects both to Himself and to one another He had excluded the Popish Lords from their Seats in Parliament Caused the Execution of several men both for the Plot and Murder of Sir Edmundbury Godfrey Disbanded as much of the Army as he could get Mony to do Above all That He hath commanded his Brother to absent himself That so all colour may be taken from malicious men of pretending any influence of Popish Councils That He proposes by this means to see whether the Protestant Religion and the Peace of the Kingdom be as truly aimed at by others as they are really intended by Him if so they the Members of Parliament will lay aside all private animosities and employ their time upon the great Concerns of the Nation That he will not cease to make further search into the Plot and the Murder of Sir Edmunbury Godfrey for which he desires the assistance of both Houses That he has ordered the Penal Laws to be Executed against Papists Desires their assistance in raising Supplys for Disbanding the Army and paying off the Fleet and that they would some way make up the loss He has sustain'd by the Prohibition of French Wines and Brandy which turns only to His prejudice and the great advantage of the French That it is necessary to have a Fleet at Sea since our Neighbours are making Naval Preparations That a Constant establishment might be made for the Navy And concludes with His earnest desires to have this a healing Parliament Assuring them to defend with his life the Protestant Religion and the Laws of the Kingdom and expects to be by them defended from the Calumny as well as Danger of those worst of Men who endeaver to render both him and His Government odious to His People The Chancellors Speech was chiefly a descant on the former heads Reminding the Two Houses as p. 12. to the Plot not to over do their Business and that by being too far Transported with the fears of Popery they do not neglect the opportunities of making sober and lasting Provisions against it which says he are the only hopes of the Papists thus to see p. 14. our Zeal out-run our Discretion and that we our selves should become the unhappy occasion of making our own Councils abortive The King and Lord Chancellor having ended their Speeches the Commons returned to their own House and unanimously chose for their Speaker Mr Seymour who had officiated in that Place in the last Parliament who being the next Day presented to the King was refused and the House Ordered to proceed to a new Election which notwithstanding was not made till Saturday the 15th of March on which day they chose Mr Serjeant Gregory the said choice being on the Monday following approved by His Majesty After this the Commons draw up an Address to the King for a Fast in which also the Lords Concur and a Fast was appointed by Proclamation dated Mar. 28 to be observed throughout the Nation on the 11th of April following A Committee being appointed to enquire into the manner of suing out the Earl of Danby's Pardon which upon search being not entred in any Office from the Secretaries Office until it came to the Lord Chancellors but dispatch'd in a private manner and so reported by the Committee the House of Commons resolve Mar. 24. That an humble Address be made to His Majesty representing the irregularity and illegality of the Pardon mentioned to be granted to the Earl of Danby and the Dangerous consequence of Granting Pardons to any persons that lye under an Impeachment of the Commons of England They also desire of the Lords that the Earl of Danby may be sequestred from Parliament and put into safe Custody accordingly the Lords Order the Usher of the Black Rod to take him but upon search at his Houses both in Town and at Wimbleton he could not be found hereupon a Bill is Ordered to be brought in that Thomas