is founded are weak and unconcluding and that no Malice could have Contrived a more effectual way to hasten those Calamities upon us it pretends to prevent and to ascertain what is full as likely never to happen without it So I conclude the Lords did well and wisely in rejecting the Bill and the Bishops in joyning with them so to do And now I will proceed with the rest of the Votes having made this short Digression to Express my thoughts on this great affair which I submit to the Judgment of wiser men and shall willingly retract or amend any thing if I have erred for I seek nothing by all this but the Peace and Prosperity of my Country There being little done of importance on Thursday the 18th day of November the next day the Commons fell upon the business of the Abhorrers of the Petitions and began with the Grand-Juries for the Counties of Somerset and Devon which had both detested and abhorred the said Tumultuous Petition So they Ordered That Sir Giles Philips and William Coleman being the Fore-men of the said Grand-Juries should be sent for in Custody of the Serjeant at Arms attending their House to answer at the Bar of their House for Breach of Priviledge by them committed against their House Before in Sir George Jeffereys Case it was for betraying the Rights of the Subject and Now 't is become a Priviledge of Parliament for the People to Petition by Hundreds and Thousands for the Sitting of a Parliament At this rate of Proceeding there will be Priviledges of Parliament enough at last At the same time they ordered Captain William Castle and Mr. John Hutchinson and Mr. Henry Walrond the two last being of the said Grand-Juries to be Sent for in Custody too So this was a pretty handsom begining But the next day they found that Mr. William Stawell was Fore-man for the Grand-Jury for Devon and not Mr. Coleman so they ordered his Name to be put out of the Warrant and Mr. Stawell's to be put in This shews with what heat and haste they managed this affair But why should the Fore-men of the Grand-Juries be sent for rather than all or any of the rest the Foreman having no more Authority than the Last man nor being any way inabled by his place to Help or Hinder any thing but being Concluded by the Major part be his own Opinion what it will but they could not tell who promoted this affair and therefore Right or Wrong Singled them out to be made Examples not thinking it convenient to send for the whole Number who yet were punished in these and not only they that suffered but every Gentleman in the Nation suffer'd in them their Liberties being at the Mercy of every Corporation who when they please may send Taylors Grocers c. to enjoy these exorbitant priviledges and Send for the best Knights and Gentlemen in England for not having payd respects great enough to them The Bill of Importation of Cattel from Scotland was read the second time and Committed Then they proceeded in the business of the Abhorrers and Voted That one Thomas Herbert Esq should be sent for in Custody for prosecuting John Arnold Esq at the Council Table for promoting the said Petition and procuring Subscriptions To him they added Sir Thomas Holt Serjeant at Law and Mr. Thomas Staples as Betrayers of the Liberties of the Subject The same day one Eld was discharged out of Custody who had been taken for not Making a good Search for Arms at the Lord Aston's House at Taxall in Staffordshire Notice being taken that he was a Sober Protestant what that means I must leave to my Reader for I never heard that any sort of Protestants made Drunkenness or Debauchery or any other sort of Insobriety a part of Protestantisme and I should have liked it better if it had been a Confiding Man and an Enemy to the Popish Faction It were worth the while to enquire how he stood affected to the Puritan Faction On Munday the 22 of November Two Bills for Regulating Elections were read the second time and Committed to a Committee to unite or divide them as they should see cause The day following Sir Thomas Holt petitioning the House was called in and Censured upon his Knees and Discharged The same day a further Address was Voted to Petition his Majesty to remit a Fine of 500 l. that had been set upon Mr. Benjamin Harris for Printing Seditious Libels Such men were not to be discouraged in an Age when so few were to be found who would undertake that dangerous Imployment for the good of the Nation The same day a Bill was brought in for Repeal of an ACT made in the 35 of Eliz. Cap. 1. Against Seditious and Disloyal Sectaries and Conventicles this Bill passed both Houses but was taken away before it was Signed by the King So that Statute Escaped then to the terror of those Protestants There having been a design to Indict the Duke of York for a Popish Recusant in Trinity Term this Year and the same being prevented by the Court of Kings-Benches discharging the Grand-Jury before they had found the same the House made this Vote That the discharging of a Grand-Jury by any Judge before the end of the Term Assizes or Sessions whilest Matters are under their Consideration and Not presented is Arbitrary Illegal and Destructive to publick Justice a manifest Violation of his Oath what Oath and is a Means to Subvert the Fundamental Laws of the Kingdom Resolved That a Committee be appointed to Examine the Proceedings of the Judges in Westminster-Hall c. On Wednesday November 24. After Orders for the sending for George Bell an Attorney at Law Arthur Yeomans William Jordan John Laws and Henry Aulnett for Breach of Priviledge of Parliament without assigning wherein Order was given to bring in a Bill 1. To Supply the Laws against Bankrupey 2. And another to take away the Court held before the Lord President and Council in the Marches of Wales Then the Bill for Repeal of the 35 Eliz Cap. 1. was read the Second time and Ordered to be ingrossed Ordered That an humble Address be made to his Majesty from this House by such Members thereof as are of His Majesties Most Honourable Privy Council to desire his Majesty to give Orders That all Protestant Dissenters who are prosecuted upon any Penal Laws made against Popish Recusants in the Reign of Queen Elizabeth and King James may be Admitted to a Composition in the Exchequer without paying any Fees Which was granted by his Majesty Ordered That Leave be given to bring in a Bill declaring that those Laws shall not be Extended to P. Dissenters and that it be referred to the Committee appointed to bring in the Bill for the better Vniting of his Majesties Protestant Subjects The Attorney-General being ordered formerly to attend and This day Called in and Examined touching the Manner of Issuing forth of the P. stiled A Proclamation against Tumultuous
make a new one they returned and Adjourned till Saturday Morning But not agreeing then they desired a further time which was granted till Tuesday following The King telling the Messengers that as he would not have his Prerogative intrencht upon so he would not do any thing against the Priviledges of the House But then instead of Presenting a new Speaker they Presented a Representation Claiming it as a Right to have that Speaker they chose accepted if he were not excused for some Corporal Disease which hath always heretofore been alleadged either by themselves or some others in their behalf in full Parliament as they said But his Majesty not admitting this neither they Adjourned till Wednesday and drew up another Address to have the former better considered and to this his Majesty replied he would send them an answer the next day And accordingly On Thursday he sent for them up to the House of Lords and Prorogued them for one day and on Saturday morning sent for them again and by the Lord Chancellor Commanded them to proceed to the Choice of a Speaker and Present him on Munday Morning which they accordingly did and then they chose Mr. Sergeant Gregory of whom his Majesty approved on the Monday following It was Ominous thus to stumble at the Threshold and therefore there is no great wonder if after this much of his Majesties and the Lord Chancellors good Counsell relating to calmness in the Management of their Affairs was forgotten Tuesday Wednesday and a great part of Thursday the 20th day of March being spent in the preliminaries and in receiving and reading the shoal of Petitions concerning undue Elections and Returns on the Evening of the last day the Commons sent a Message to the Lords to put them in mind of the Impeachments of High Treason against Thomas Earl of Danby in the names of the Commons of England and to desire he might be Committed to safe Custody And referred it to the Committee of Secrecy to draw up further Articles against him By which it appeared that they were resolved to begin where the former Parliament ended so that men easily conjectured what would follow And some there were that suggested as if his place was his greatest Crime and that the ruin of a Minister of State in order to fright the rest of the Ministers was more sought than the Punishment of any Traytor whether Popish or Protestant In the week following it appearing that the Earl of Danby had a pardon by his Majesties mentioning of it in the House of Lords And a Committee being appointed to search it out returned on Monday the 24th of March that it had not been Regularly sued out but was Sealed in the King's presence by his express Command Upon which the Commons sent up a Message to the Lords to demand Justice against him and ordered an Address to his Majesty to represent the dangerous Consequences of granting Pardons to any persons that lie under an Impeachment of the Commons of England And the same day the Lords sent word to the Commons that they had ordered him to be taken into Custody On Tuesday the 25th of March 1679. the Lords sent a Message to the Commons that the Earl of Danby was not to be sound upon which the Commons ordered a Bill to be brought in to Summon him by a certain day or in default thereof to Attaint him Mr. Edward Sacvile a Member of the House of Commons being accused by Mr. Oats to have called the truth of the Plot and Murder of Sir Edmonberry Godfrey in question was ordered to be committed to the Tower Expelled the House and an Address made to his Majesty for the removing him from all Publick Imployments and Trusts This was a sure way to have the Plot believed On Wednesday there having before been a Complaint brought against one Hills and Edwin for Printing a Pamphlet intituled A Letter from a Jesuite at Paris to his Correpondent in London Shewing the most effectual way to ruin the Government and the Protestant Religion was to promote the Dissenters Interest and to chuse factious men into the House of Commons And it appearing that Dr. John Nalson was the Author of it there being no Law to punish this offence the said Doctor was ordered to be sent for in Custody of the Serjeant at Arms to inform the House touching the said Pamphlet The same day a Bill was sent down from the Lords Intituled an Act for the better discovery and speedy Conviction of Popish Recusants Which had been sent down in the former Session of Parliament time enough to have been passed but was neglected which was read the day following On Thursday the 27th of March the Lords sent down a Bill for the Banishing and Disabling the Earl of Danby which his Majesty had profered to do and desired the Concurrence of the House of Commons which the Commons read and rejected that day But notwithstanding the Commons went on with the Bill of Attainder against him and ordered a Clause to be added for the discovery of all trusts relating to him and that he should be made incapable of receiving pardon but by Act of Parliament wherein he shall be particularly Named The same day the Lords sent down a Bill to disinable any person from Sitting in any of the Houses of Convocation till he hath taken the Oaths and made and subscribed the Declaration therein contained On Friday a Bill was read for better securing the liberty of the Subjects Sir Christopher Calthrop Knight who was returned one of the Knights of the Shire for Norfolk being then sick of the Small-pox desired that the Case in difference betwixt him and Sir John Hobard Baronet which was to be heard on Friday next might be delayed which was denyed Note That Calthrop was of the Court-party and Hobard of the Country-party But to look a little back On Monday the 25th of March the House of Lords sent to examin the five Lords in the Tower concerning a French Book about the Plot the Author of which had it seems endeavoured to invalidate Mr. Oats his testimony but they would not own they knew the Author The same day the Vote mentioned in the former Part of the reality of the Popish Plot which had been renewed by the Commons and sent up to the Lords for their concurrence was Voted by the Lords and ordered to be inserted in the first leaf of the Office to be publickly used on the day * 11 of April appointed by his Majesty for solemn Fasting and Humiliation at the request of both Houses On Saturday the 29th the Lords agreed to have a Bill brought in to expell out of the Inns of Court Doctors Commons the College of Physicians and Heralds office all such persons as shall not give testimony of their being Protestants by going to Church and by taking the Sacrament and such Oaths Tests and Declarations as are appointed by any Law for the distinguishing Protestants from Papists and
shall not follow your zeal but lead it The Lord Chancellor spoke thus My Lords and you the Knights Citizens and Burgesses of the House of Commons THat Royal care which his Majesty hath taken for the general quiet and satisfaction of all his Subjects is now more evident by these new and fresh instances of it which I have in command to open to you His Majesty hath considered with himself that it is not enough that your Religion and Liberty is secure during his own Reign but he thinks he owes it to his people to do all that in him lies that these blessings may be transmitted to your posterity and so well secured to them that no succession in after Ages may be able to work the lest alteration And therefore his Majesty who hath often said in this place that he is ready to consent to any Laws of this kind so that the same extend not to alter the descent of the Crown in the Right Line nor to defeat the Succession hath now commanded this to be further explained And to the end it may never be in the power of any Papist if the Crown descend upon him to make any change either in Church or State I am commanded to tell you that his Majesty is willing that provision may be made first to distinguish a Papist from a Protestant Successor then to limit and circumscribe the Authority of a Popish Successor in these cases following that he may be disabled to do any harm first in reference to the Church his Majestie is content that care may be taken that all Ecclesiastical and spiritual Benefices and promotions in the Gift of the Crown may be conferred in such a manner that we may be sure the Incumbents shall always be of the most Pious and learned Protestants And that no Popish Successor while he continues so may have any power to controul such preferments In reference to the State and civil part of the Government as it is already provided that no Papist can sit in either House of Parliament so the King is pleased that it be provided too that there may never want a Parliament when the King shall happen to dy But that the Parliament then in being may continue indissolvable for a compleat time or if there be no Parliament then in being then that the last Parliament which was in being before that time may reassemble and sit a competent time without any new Summons or Elections And as no Papist can by Law hold any place of trust so the King is content that it may be further provided that no Lords or other of the Privy Council no Judges of the common Law nor in Chancery shall at any time during the Reign of any Popish Successor be put in or displaced but by the Authority of Parliament And that care also be taken that none but sincere Protestants may be Justices of the Peace In reference to the Military part the King is willing that no Lord Lieutenant or Deputy Lieutenant nor no Officer in the Navy during the Reign of any Popish Successor be put out or removed but either by Authority of Parliament or of such persons as the Parliament shall intrust with such Authority 'T is hard to invent another restraint to be put upon a Popish Successor considering how much the Revenue of the Successor will depend upon consent of Parliament and how impossible it is to raise mony without such consent But yet if any thing else can occur to the Wisdom of the Parliament which may further secure Religion and liberty against a Popish Successor without defeating the Right of Succession it self his Majesty will most readily consent to it Thus watchful is the King for all your safety and if he could think of any thing else that you do either want or wish to make you happy he would make it his business to effect it for you God Almighty long continue this blessed Union between the King and his Parliament and people The House of Commons returning resolved to Adjourn the consideration of his Majesties Speech till the next Monday Morning And now let any man but seriously consider the Condescention of these proposals and that they were franlly and freely offered before the House of Commons had obliged themselves in point of Honour to stand to any Vote of Exclusion for that was not then made and he must then be amazed to see to what extremities matters have proceeded during that and the two last Parliaments But who can brook the impudence of those men who have notwithstanding this by Tales and Pamphlets endeavoured to represent his sacred Majesty to his people as a favourer of Papists and Popery Some men may possibly say that all this will not infallibly secure us against Popery and I say nothing can make any thing in this lower world steady and unalterable but it is more likely to do it than the exclusion Bill because it disarms a Popish Successor of the tempration and opportunity of enslaving us by force where as the other puts the Sword into his hand and compells him to try his fortune for the whole the event of which is much more uncertain than some pretend who trusting now to force and number will in likelyhood find themselves disappointed by men and punished by God for their distrust of his providence and reliance on the Arm of Flesh if not ruined by their over great confidence in the number of their party which often have deceived men in such occasions But this it not the place of these considerations but that they broke loose here against my will On Thursday the Commons gave leave to bring in a Bill 1. of May. that when any Member of their House is preferred to any Office or place of profit a new Writ should immediately issue out for Electing of a Member to serve in his stead This was to keep the party together and to prevent the Ministers from bying off any of them by preferment Seasonable Address to both Houses p. 10. and it is to be wished it had passed for that would have lessened their Numbers and have taken off all those that hoped to rise by opposition to the Court as they call it but indeed to the King and the Morarchy In the interim it may be a caution to the Country that they take not all these Gentlemen to be what they pretend to be for that apparently some of them were driving a Market for Preferments how much soever they had clamoured their predecessors on that account This day also Dr. John Nalson who had been a long time Imprisoned and put to vast charge for Writing the Letter of Advice from a Jesuite in Paris to his correspondent in London was discharged without assigning any reason or Law for this way of proceeding against him which was never yet used against any of the Writers of the most virulent Libells against the Government and Religion by Law established and they Voted also that an