and Ordered others to be drawn against Sir Francis North Chief Justice of the Court of Common-Pleas Sir Thomas Jones one of the Justices of the Kings-Bench and Sir Richard Weston one of the Barons of the Exchequer So they were resolved to find themselves work tho they had refused to do the King's Business till that was granted which was impossible to be had this Session of Parliament Thursday the 6th of January A Bill for the more Easie Collecting the Duty of Hearth-Money was read a second time and committed upon the Debate of the House A Bill for Repealing the Act for the Well-Governing of Corporations was read the second time and committed Sir Philip Skippon was Excused from being taken into Custody for his Default in not attending the House in the Call there of the Tuesday before Colonel Birch reporting from the Committee appointed to receive Informations relating to the Popish Plott in Ireland That the Committee having proceeded upon the Matters to them referred had taken several Examinations and received the Answer of Sir John Davis and had also perused several Informations transmitted from the House of Lords relating to the said Plott All which he read in his place and afterwards delivered the same in at the Clerks Table where the same were again read The House then took into Consideration the Message sent from the Lords the Tuesday before wherein they desired the Concurrence of the House and Resolved That the House did agree with the Lords with the addition of these Words That the Duke of York being a Papist and the Expectation of his coming to the Crown hath given the Greatest Countenance and Encouragement thereto as well as to the Horrid Popish Plot in this Kingdome of England And they resolved to deliver the said Vote to the Lords at a Conference and Appointed a Committee to draw up Reasons to be offered at the said Conference Ordered That the several Informations of John Macnamara Maurice Fitz-Gerrald and James Mash that day read to the House relating to the Irish Plot be forthwith Printed Resolved That Rich. Poure Earl of Tyrone in the Kingdom of Ireland be Impeached of High Treason And that the Lord Dursley do go up to the Bar of the Lords and Impeach him c. and pray that he may be Committed to Safe Custody And further Ordered That the Committee appointed to prepare the Evidence against the Popish Lords in the Tower do prepare the said Impeachment Ordered That the further Consideration of the said Report in relation to Arthur Earl of Anglesey and Sir John Davis be Adjourned to Saturday Morning next at Ten of the Clock in a full House When it was Adjourned to Munday following which was their last day and gave them occasion for other Thoughts On Friday the 7th day of January The ingrossed Articles of Impeachment against Sir William Scroggs were Read and sent up to the Lords by the Lord Cavendish A Bill to prevent Vexatious Actions was read the first time and Ordered a second reading A Bill to prevent the Symony of one person from prejudicing another was read the first time and Ordered a second reading The Bill of Discovery of Settlements of Estates for Superstitious Uses was read the second time and committed upon the debate of the House Then the House according to their Order entred into Consideration of his Majesty's Message sent to the House the Tuesday before and Voted as followeth Resolved That it is the Opinion of this House That there is no Security or Safety for the Protestant Religion the King's Life or the Well Constituted and Established 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 to rely upon any other means or remedies without such a Bill is not onely Insufficient but dangerous Resolved That his Majesty in his last Message having assured this House of his readiness to Concur in all other means for the preservation of the Protestant Religion this House doth declare That until a Bill be likewise passed for Excluding the Duke of York this House cannot give any Supply to his Majesty without Danger to his Majesties Person Extream Hazard of the Protestant Religion and Vnfaithfulness to Those by whom this House is trusted It seems the loss of Tangier and of all our Alliances abroad did not at all Hazard the Protestant Religion or Endanger his Majesties Person Resolved 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 Counsel to his Majesty and Are Promoters of Popery and Enemies to the King and Kingdome Resolved That George Earl of Halifax Henry Marquess of Worcester Henry Earl of Clarendon in the Opinion of this House are 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 and have therein given pernicious Counsel to his Majesty and are Promoters of Popery and Enemies to the King and Kingdom Resolved That an Humble Address be presented to his Majesty to remove Lawrence Hide Esq from his Majesties Councils and Presence and from his Office in the Treasury for ever Resolved That an Humble Address be presented to his Majesty to remove Henry Marquess of Worcester from his Presence and Councils and all the Offices and Imployments of Honour and Profit for ever Resolved That it is the Opinion of this House That Lewis Earl of Feversham is a Promoter of Popery and of the French Interest and a Dangerous Enemy to the King and Kingdom Resolved That an Humble Address be made to his Majesty to remove him from all Military Offices and Commands and from all other Publick Offices and Imployments and from his Majesties Councils and Presence for ever But here was no Addresses Voted against George Earl of Halyfax nor Henry Earl of Clarendon A Motion being made also for an Address to his Majesty to remove Edward Seymour Esq from his Majesties Council and Presence it was Adjourned to the Munday following Having taken all this care to Chastise the Great Men who as they believed had opposed them in this great business in the Next place they undertook to Chastise his Majesty Himself and if their design had taken effect as it is to be hoped it Never will his Majesty and all his Successors should have Known what it is to Anger a House of Commons However they meant well for they Resolved That whoever should hereafter Lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-Money that is all the principal Branches shall be Adjudged to hinder the Sitting of Parliaments and shall be responsible for the same in Parliament Resolved That whoever shall accept or buy any Tally of Anticipation upon
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
by Civil Wars and Rebellions as in His Majesties Fathers time to make way for the French to Seize these Kingdoms and totally to Ruine their Infantry and Naval Force These are Mr. Oats his Words and whoever had seen the persons Must'red up about the choosing this Parliament would have thought that Forty One had been returned again and that the Jesuits under the shape of Nonconformist Ministers had been turning the Plot that way now God had defeated the close one But though all this Care was taken the Dissenters did not carry the Elections every where nor almost any where without great Resistance For on the other side the Gentry appeared themselves and brought in their Tenants and Dependences and many of the Yeomanry and Free-holders were Zealous for the Church and Government and in Corporations the Magistrates and Free-men had not forgot the old tricks of the Dissenters and were resolved not to be ruin'd twice by the same Arts so that the two Parties were almost equal there and in the Counties the Gentry were certainly the stronger side if Perjury had not been employed against them and in some places they prevailed against that too but not so as to make an equal Party in the House The Persons that stood on this side were Men of Undoubted Loyalty to the King hearty lovers of the Religion Established and great Enemies to Puritanism Faction and Rebellion and for these good qualities were stiled by the contrary Party-men of Arbitrary Principles and favourers of Popery some of these had been Members of the Last Parliament and been of that they call the Court Party who had been guilty of Setling the Monarchy and Suppressing the Rebellion and the Nurseries of it the Conventicles and others were taken in to fill up the vacancies of or very nearly of the same Principles The Elections being thus made the Parliament met the day appointed which was Thursday the sixth of March 1678. and my business is to wait upon them and see how matters went in the Lower House especially and as an Introduction I will take notice of His Majesty's Speech in the first place part of which was as followeth My Lords and Gentlemen I Meet you here with the most earnest desire that man can have to Unite the Minds of all my Subjects both to me and to one another and I resolve it shall be your faults if the Success be not suitable to my desires I have done many great things already in order to that end as the Exclusion of the Popish Lords from their Seats in Parliament the Execution of several men both upon the Score of the Plat and of the Murder of Sir Edmonberry Godfrey and it is apparent that I have not been idle in prosecuting the discovery of both as much further as hath been possible in so short a time I have disbanded as much of the Army as I could get Mony to do and I am ready to disband the rest so soon as you shall reimburse the Mony they have cost me and will inable me to pay off the remainder And above all I have Commanded my Brother to absent himself from me because I would not leave the Malicious Men room to say I had not removed all causes which could be pretended to influence me towards Popish Counsels Besides that end of Union which I am at and which I wish could be extended to Protestants abroad as well as at home I propose by this last great step I have made to discern whether Protestant Religion and the Peace of the Kingdom be as truly aimed at by others as they are really intended by me for if they be you will imploy your time upon the great concerns of the Nation and not be drawn to promote private animosities under pretences of the publique your Proceedings will be calm and peaceable in order to those good ends I have recommended to you and you will curb the motions of any unruly Spirits which would endeavour to disturb them I hope there will be none such amongst you because there can be no man that must not see how fatal differences amongst our selves are like to be at this time both at home or abroad I shall not cease my endeavours dayly to find out what more I can both of the Plot and Murder of Sir Edmondberry Godfrey and shall desire the Assistance of both my Houses in that work I have not been wanting in giving orders for putting all the present Laws in Execution against Papists and I am ready to joyn in the making such further Laws as may be necessary for securing of the Kingdom against Popery And after a short discourse of supply's he goes on I will conclude as I begun with my earnest desires to have this a Healing Parliament and I do give you this Assurance that I will with my life defend both the Protestant Religion and the Laws of this Kingdom and I do expect from you to be defended from the Calumny as well as Danger of those worst of men who endeavour to render me and my Government odious to my people By which last passage I believe his Majesty reflected upon the Dissenters and Common wealth Party who as they were more believed so they had been more busie in traducing him and that with a more Mischievous Malice and effect than the worst Jesuits during this short time betwixt the Dissolution of the last and the Election of this present Parliament and therefore his Majesty had reason to tell the Parliament he expected to be defended by them from the Calumny of the Dissenters as well as from the danger of the Papists both which are the worst of men as who did endeavour to render him and his Government Odious to his people The Lord Chancellor's Speech was for the most part but an enlargement upon his Majestie 's as it uses to be and therefore I shall take notice of some passages only in it He advised them not to overdo their business and by being too far transported with the fears of Popery neglect the opportunities they then had of making sober and lasting provisions against it He told them it was a Custom of the Jesuits first to Murder the fame of Princes and then their persons first slandering them to their people as if they favoured Papists and then to assassinate them for being too Zealous Protestants He represented what a joy it would be to them to see us whom they could not destroy by the conspiracy Ruining our selves after the discovery by incurable jealousies and disturbing the Government And that further care might be taken of Regulating the Press from whence there daily stole forth Popish Catechisms Psalters and Books of Controversie and Seditious and Schismatical Libells too We shall now see how these Counsells were pursued by the Parliament The first thing the House of Commons did was to choose Edward Seymour Esquire their former Speaker their Speaker again But the next day the King disliking the choice and Commanding them to
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
Danby sending a Petition to the Lords that his Counsel durst not appear to defend his case by reason of the Vote of the Commons the Lords at a Conference desired to know if there were any such Vote to which the Commons would not answer Sir Robert Howard acquainting them there had been paid from our Lady-day 1676 to the 20th of March 1679 the Sum of 252467 lb. 1 s. 9 d. for Secret Services They ordered that Mr. Charles Bertie should be taken into Custody of the Sergeant at Armes attending their House And in the Next place they ordered that all the Members that were of the Long Robe of their house should prepare themselves with Reasons against the pardon pleaded by the E. of Danby Which was very necessary now that no body durst defend it So the Lords Ordered the E. to be returned to the Tower in safety On Sunday the Lords agreed to the demand of the Commons for the appointing a Committee of both Houses to state the Preliminaries of the tryals to be had to meet the next day May 11. And then the Commons proceeded to Vote that a Bill be brought in to disable the Duke of York to inherit the Imperial Crown of this Realm and appointed a Committee to draw the same Which was in pursuance of their former Vote on Sunday the 27th of April Though the Lords who had been twise desired to concur in that vote had given no answer to it Out of an apprehension perhaps that his Majesties Life might be indangered upon this Vote they resolved Nemine Contradicente That in defence of the Kings person and the Protestant Religion this house doth declare 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 As if it had been impossible his Majesty should be murthered by any other then a Papist or that it had been any consolation to his Majesty to have known that his death should have been revenged to the utmost on them who ever had been the cause or procurers of it This prov'd the occasion of breaking all the following Parliaments to this day and thereby to secure the Popish Lords in the Tower from Tryal and to prevent all the excellent Laws that were then under consideration against Popery from ever being brought to pass And finally it prov'd an obstacle of union between the King and the Houses to the great advantage of our Enemies at home and abroad to the great hazard of the Nation and more especially of the Protestant Religion which was pretended to be secured by it I shall say more of this Vote and the former hereafter when the effects of them will appear better then they did at first On Wednesday his Majesty sent another Message to the Commons to put them again in mind of the Fleet May 14. and let them know he would acquit himself of the evil consequences which the want of a Fleet in such a juncture might produce and that the entering upon it could be no hinderance to the other great affairs on their hands but rather a Security in the dispatch thereof Upon which a debate arising they adjourn'd the Consideration of this Message till Monday Sennight after which had the appearance of a denial On Thursday there arose a Controversy betwixt the two Houses about the Bishops May 15. for the Lords having Voted that the Lords Spiritual have a right to stay and sit in Court till the Court proceed to the Vote of Guilty or not guilty The Commons opposed it and said that the Lords Spiritual ought not to have any Vote in any proceedings upon impeachments against the Lords in the Tower involving the E. of Danby's case with the other Lords though it was vastly different And indeed from hence arose this contest the Commons imagining that the Bishops would be for the validity of his pardon and so make a major Vote in that House and therefore as they had deprived him of his Counsel before so now the business was to out the most favourable part as they thought of his Judges The same day the Bill to disinherit the D. of York was read the first time and Ordered a second reading On Saturday a Vote of the House of Lords was read in the House of Commons May 17. 16 May 1679. Resolved by the Lords Spiritual and Temporal in Parliament assembled that Thursday next be appointed to begin the Tryals of the five Lords in the Tower viz. the E. of Powis c. After which resolution the Lords Spiritual asked the leave of that house that they might withdraw themselves from the Tryals of the said Lords with the Liberty of entring their usual Protestations Upon which the Commons Resolved That it be given as an instruction to their Committee to insist upon the former Vote of this House That the Lords Spiritual ought not to have any vote in any Proceedings against the Lords in the Tower and when that matter shall be setled as they please for the Lords had setled it and the method of proceedings adjusted this House shall then be ready to proceed upon the Tryal of the E. of Danby against whom the House hath already demanded judgment and afterwards to the Tryal of the other five Lords in the Tower So here was the two Houses in their Votes point blank against one another I shall here take notice of some Arguments that passed betwixt the Lords and the Commons as they are expressed in the Lords Journal On Tuesday the 13th of May The Commons desired to know concerning the Bishops being present at the Tryals of the Lords impeached to which the Lords made this Answer That it belonged not to the Commons to be concerned in the Constituting parts of the Court upon such Tryals but that the judgment of this matter belongs entirely to the Lords and when they have adjudged it the Commons cannot alter it and therefore should not debate it Upon which the Commons acknowledged that Judgment after Tryal is in the Lords but their Lordships are not to give judgment unless the Commons demand it and that the Commons desire to know whether the Lords will proceed in these Tryals as their Lordships did anciently for if the Bishops should sit upon these Tryals they should not demand Judgment but being dissatisfied with their being there and it may be the Commons may proceed by Bill To which the Lords made Answer that after the Evidence is fully heard they are bound to give judgment of Condemnation or Acquittal but this being a matter of Judicature the Lords declared that they would impose silence upon themselves and debate it no further The Commons further desired to know whether the Bishops should be allowed to vote upon the Validity of the pardon of the E. of Danby which they account no Preliminary but the very essence of the Tryal On
the Letters Papers and Evidences which have been delivered to the Privy Council relating to the said Plot. This Afternoon they Waited upon his Majesty with their Address for the Preservation of his Person and Government c. On Munday the First day of November Mr. Secretary Jenkins told the House the Papers they had Addressed for had been sent to the Committee of the House of Lords for Examination of the Plot the 24th of October The Bill for wearing of Woollen was also read and committed Then the Speaker Reported the King's Answer to their Address for Preservation of his Majesties Person and the Protestant Religion which was as followeth I Thank you very heartily for your Zeal for the Protestant Religion and I assure you there shall be nothing wanting on my part at Home or Abroad to preserve it Sir Francis Winnington Chairman of the Committee for Inspecting the Journals of the Two last Parliaments concerning the Proceedings relating to the Popish Plot reported a general abstract of the same which was Ordered to be perfected and that they should inspect those of the House of Lords for the same time Then one Hardwich a Linnen-Draper being accused of some Misdemeanors against one Seignior Francisco a Witness in the Popish Plot was Ordered to be sent for in Custody of the Serjeant Attending their House to answer the same This was to punish a man before they knew whether he were guilty or no upon a bare Suggestion On Tuesday the 2 d. of November A Bill for prohibiting the Importation of Irish Cattel was read and committed And then one Harnage was ordered to be brought to the Bar for abusing Francisco Ferria And then they Voted an Address to his Majesty for a pardon for Dangerfield and that he would take him and Mr. Dugdale Mr. Prance and this Seignior F. Ferria into his Royal Care and Protection But these were small matters to what follow Resolved Nemine Contradicente That the Duke of York's being a Papist and the Hopes of his coming such to the Crown hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion Resolved That in defence of the King's Person and Government and of the Protestant Religion this House doth declare That they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come by any violent death which God forbid they will Revenge it to the Vttermost upon the Papists who ever did it Resolved That a Bill be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm On Tuesday the 3 d. day of November the Lords sent down an Act they had passed for the better Regulating the Trials of the Peers of England to which they desired the Concurrence of the Commons and it was read the same day and committed Mr. Harnage being then brought to the Bar was continued in Custody of the Serjeant during the Pleasure of the House Not one tittle being inserted concerning the Nature of his Misdemeanor The Committee for Examination of the Journals were also appointed to inspect the Impeachments against the Lords in the Tower and the proceedings thereupon And they were also to prepare Evidence against the said Lords And in the mean time they Voted Resolved Nemine Contradicente That a Bill be brought in for the better Vniting of all his Majesties Protestant Subjects This was now a New Name for a Toleration as I will make it appear Ordered That Sir Tho. Whitegrave and Mr. Birch of Stafford Apothecary and Lieutenant Ellis be sent for in Custody of the Serjeant to answer to the Charge given against them by Mr. Dugdale Ordered That Herbert Herring be sent for in Custody c. for a Notorious Breach of Priviledge by him committed against Mr. Colt a Member of their House No account how or when being given But Jeremiah Bubb was onely Summoned to appear at the Bar to answer for a Breach of Priviledge committed against Mr. Colt The Bill for Prohibiting the Importation of Irish Cattel was read the second time and committed And Leave was given to bring in a Bill for the Exportation of Leather On Thursday the 4th of November the said Bill was read the first time and Ordered a second reading And then Mr. Secretary Jenkins Reported his Majesty's Answer concerning the Informers against the Popish Plot which was That Care had and should be taken of them Ordered That a Committee be appointed to inspect the Act intituled Trade Encouraged made in the 15th Year of his Majesties Reign and to bring in a Bill for prohibiting of Scotch Cattel at certain Seasons And then after some Debates and Votes concerning Elections of which I shall take no Notice The Bill for disabling the D. of York to Inherit was read the first time and committed Ordered That a Committee be appointed to Inspect the Laws that are in being touching the Maintenance of the Poor and to bring in a Bill or Bills for Regulating and preventing the encrease of the Poor in this Kingdom On Saturday the 6th of November it was Ordered That a Committee be appointed to Inspect the Law concerning the Anniversary Reading of the Narrative of the Gunpowder-Plot in Churches on every Fifth day of November and to Report the same to the House Resolved N. C. That it is the Opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants Ought not to be Extended against Protestant Dissenters It would have been well if we had been told why they ought not to be Extended to all that break them one as well as another And then how it should be possible to distinguish these two Sorts of offenders one from the other the offence being Exactly the same tho the cause be a little different And then thirdly if a Bill had been brought in for that purpose for the Votes of the House of Commons are no binding Expositions of Law nor I hope never will be Lastly this Vote was needless if the Bill of Vnion went on and to no purpose if it did not as I suppose they understand Now. Ordered That a Committee be appointed to prepare and bring in a Bill for Repeal of all or any part of the Act of Parliament made in the 35th Year of the Reign of Queen Eliz. Cap. 1. Printed in the Statute Book of Pulton This was a severe Act against the Dissenters and they were Now to be Countenanced and Encouraged to the utmost for what end and purpose is not difficult to be guessed by their Insolence against the King and Government A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey was read the first time and committed The Bill to disable the Duke of York was read the Second time and committed to a Committee of the whole House with a Resolution declared that it should Extend to the Person of the Duke of
York Onely and that Committee was appointed on the next Munday Morning at Ten of the Clock And accordingly it was that day Debated and some Clauses added to it On Tuesday the Ninth of November his Majesty sent the Commons another Message by Mr. Secretary Jenkins which was as followeth CHARLES R. HIS Majesty desires this House as well for the Satisfaction of his People as of Himself to Expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may Consist with preserving the Succession of the Crown in its Due and Legal Course of Descent On Wednesday the 10th of November A Bill for Regulating the Elections of Members to Serve in Parliament for the House of Commons was read the first time and ordered to be read the second time And the same day the Bill for prohibiting the Importation of Irish Cattel was read the third time and passed and sent up to the Lords Now let the Reader observe there was not one Publick Bill passed through the House of Commons in all this time but this and yet no Bill was more opposed than this but here the priyate Concerns of the North and West Country Gentlemen were Engaged and therefore they carried it on Might and Main against all opposition but as for any Bills against Popery they took no care or thought for that against the Duke of York may perhaps be made to appear to be of another Nature then was pretended and rather against any thing then Popery The same day the Lords sent down to the Commons a Bill which they had passed for Freeing the City of London and his Majesty's Court and the Parts adjacent from Popish Inhabitants and providing against other Dangers which may arise from Papists To which they desired their Concurrence Note That this Bill had been sent down from the Lords before and the Commons had lost the opportunity of passing it as you will see they will in this Session also tho there were Tragical representations made of the Danger the City and Nation were in from the Vast Numbers of them which were Seated in and about the City of London The truth is it was not convenient to loose any thing that might serve to fright the People and much better to have Papists in London for that purpose than to have them sent elsewhere and loose the means of Fermenting the Rabble But if men were not as willing to be or at least seem to be cheated as others are to delude them they would soon perceive whose interest it is to keep them in Fears and Jealousies and after discharge their Bug-bears or turn their rage another way The same day they Voted an Address to his Majesty in answer to his last Message And that they would proceed in the prosecution of the Lords in the Tower beginning with William Viscount Stafford On Thursday the 11th of November 1680. A Bill to prevent the offences of Bribery and Debauchery in Elections of Members to Serve in the Commons House of Parliament was Read the first time and ordered to be read again the Monday following with the Bill for Regulating Elections of Members to Serve in the said House formerly mentioned This day the Bill against the Duke of York was read the third time and passed The Title whereof was resolved to be An Act for Securing of the Protestant Religion by Disabling James Duke of York to Inherit the Imperial Crown of England and Ireland and the Dominions and Territories thereunto belonging And it was ordered that the Lord Russel should carry it up to the Lords for their Concurrence The Bill sent down by the Lords for Freeing the City of London from Popish Recusants was read the first time on Friday 12. Nov. and Ordered a second reading in a full House This day the Commons sent a Message to the Lords to Acquaint them with their Intentions to begin with the Viscount Stafford and to desire them to appoint a Convenient time for the Tryal and that the Lords in the Tower might be Confined and kept from holding Correspondence with one another as persons impeached and committed for High Treason by Law ought to be The Lords answered As to the latter part of this Message They had taken Care already in it and as to the former They appointed Tuesday the Thirtieth day of the same Moneth And they further resolved to Address to his Majesty for a Sum of Money for defraying the Charges of Summoning of Witnesses and other Expences Incident to the Prosecution and Tryals of the Lords in the Tower and appointed Mr. Charles Clare to Receive and Expend the same for which purpose his Majesty gave Order that 100 l. should be Issued out of the Exchequer On Saturday the 13th of November Sir Robert Yeomans being upon his own Petition called to the Bar he Acknowledged his offence and was ordered to receive the Censure of the House upon his Knees to which he submitted and was discharged paying his Fees The Lords returned the Bill against Importing of Irish Cattel agreed to Commons the same day The City of London having Petitioned the House against Sir George Jeffereys their Recorder and it being referred to a Committee they passed this Vote Resolved That this Committee is of Opinion That by the Evidence given to this Committee it does appear that Sir George Jeffereys Recorder of the City of London by traducing and obstructing Petitioning for the Sitting of This Parliament hath betrayed the Rights of the Subject To which the House agreed and Ordered That an Humble Address be made to his Majesty to remove him out of all Publick Offices and appointed a Committee to draw up the same As if it had been likely his Majesty would have so far complyed with them as to have punished the Recorder for obeying his Laws and Proclamation against a Tumultuous and Seditious Sort of men But however his Majesty might Act they had another aim in this for they Voted That the Members of their House that Served for the City of London should communicate this Vote and Resolution of their House to the Court of Aldermen for the City of London This was a sure way to bespeak a Party in the City to Joyn with the House against the Abhorrers They further Ordered That this Committee should enquire into all such persons as have been Advising or Promoting of the late Proclamation stiled A Proclamation against Tumultuous Petitioning Thus having passed thus far without any check from any person they thought they might proceed as far further as they pleased And it is very probable that they were spurred on to this by their Friends and Enemies the one designing to make them Terrible and the other being willing to make them Hated However I am sure they they became more hated than feared by this and
any part of the King's Revenue or whosoever shall pay such Tally hereafter to be struck shall be adjudged to hinder the Sittings of Parliaments and shall be responsable therefore in Parliament First they Resolve they would give nothing themselves and then they terrify all others as much as in them lyeth from Lending or Advancing any Money to him which was not according to their Writ of Election to Advise his Majesty but by duress to force and compel him to Submit to their better Judgment as became Loyal and Dutiful Subjects So that his Majesty might well say of these Votes That instead of giving him assistance to Support his Allies or enabling him to Preserve Tangier they tended rather to disable him from contributing towards either by his own Revenue or Credit not only exposing him to all Dangers that might happen either at home or abroad but endeavouring to deprive him of the possibility of Supporting the Government it Self and to reduce him to a more helpless condition than the meanest of his Subjects A Sad and a very Just Complaint and Accordingly resented by that vast Number of People that have since Addressed to thank his Majesty for that Declaration On Saturday the 8th of January The Lords sent a Message to the Commons to acquaint them that their Lordships had appointed that day Sevennight for hearing the Cause upon the Impeachment of Mr. Seymour and that their House might reply if they thought fit but they had no leisure to take notice of it Information being given to the House by the Serjeant at Arms that Sir John Lloyd Sir Edward Philips Herbert Herring Miles Baspole _____ Iles and Arthur Yeomans who for divers great Misdemeanors by them committed as was pretended against the Priviledge of their House were Ordered to be taken in Custody of the said Serjeant did Abscond themselves that the said Order could not be put in Execution against them hereupon they Ordered That an Humble Application should be made to his Majesty from their House by Such Members thereof as were of his Majesties most Honourable Privy Council desiring his Majesty to Issue out his Royal Proclamation for the Apprehending the said several persons in case they should not render themselves to the Serjeant by a certain day therein to be limited The same day they Ordered That a Committee should be Appointed to inspect the Journals of their House and of the House of Lords and Precedents to Justify and Maintain That the Lords ought to Commit Persons to Safe Custody when Impeached for High Treason by the Commons in Parliament and to make report thereof to the House Which Vote had relation to Sir William Scroggs And so we are come to the day that finally put an End to all their Proceedings which was Munday the 10th day of January and a great Wonder it was that his Majesty could endure them so long They began the day with a Vote which shews the Meaning and Tendance of all the rest Resolved That whosoever Advised his Majesty to Prorogue this Parliament to any other purpose than 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 They Knew then that they were to be Prorogued but they Knew not by whose Advice and so if his Majesty did it without any Advice then all these Hard words were thrown at him but by whomsoever it were done this Vote could have no good meaning or effect and must end in Smoke or Tumults and Confusion 2. Resolved That the Thanks of this House be given to the City of London for their Manifest Loyalty to the King their Care Charge and Vigilancy for the Preservation of his Majesties Person and of the Protestant Religion Ordered That the Members that Serve for the City of London do accordingly give them the Thanks of the House Resolved That it is the Opinion of this House That the City of London was Burnt in the Year 1666 by the Papists designing thereby to Introduce Arbitrary Power and Popery into the Kingdom Resolved That the Commissioners of the Customes and other Officers of the Custom-House have Wilfully broken the Law prohibiting the Importation of French Wines and other Commodities and that if they shall hereafter Wilfully or Negligently break that Law they shall be questioned therefore in Parliament Resolved That it is the Opinion of this House That James Duke of Monmouth hath been removed from his Offices and Commands by the Influence of the Duke of York Ordered That an humble Application be made to his Majesty from this House by such Members thereof as are of his Majesties Honourable Privy-Council to desire his Majesty to restore the said James Duke of Monmouth to his said Offices and Commands This was excellently timed and they had so obliged his Majesty they might be sure he would not deny them Resolved That it is the Opinion of this House That the Prosecution of Protestant Dissenters upon the Penal Laws is at this time Grievous to the Subject a weakning of the Protestant Interest and incouragement to Popery and dangerous to the Peace of the Kingdom Here their Mouths were stopt by a Message from the King by Edward Carteret Usher of the Black-Rod Acquainting them that the King Commanded them to Attend him immediately in the House of Peers And there his Majesty Prorogued them to the Thursday Sevennight being the 20th of that Instant January 1680. 1. His Majesty gave his Royal Assent to the Act Prohiting the Importation of Cattle from Ireland 2. To the Act for Supplying the late Act for Burying in Woollen 3. And to an Act To rectifie Errors in Sir Charles Houghton 's Settlement There was another Act for Repeal of the Act of the 35 of Elizabeth ready to be passed and it was Lost No body knew how and was never tendred to his Majesty Soon after this Parliament was Dissolved by Proclamation to the great Satisfaction of all but the Dissenters who if they had been able to consider things Aright had as little reason to be pleased with their Proceedings as any of the rest for they did them no other Service then to Exasperate the King and the Government against them and have made them to be more prosecuted and less pitied than they were before The Popish Party received almost as little damage by them as the Dissenters did Advantage for they bending their force Equally against the Succession and Popery all their Designs if they had any beyond clamour against the Papists were broken Their Arbitrary and Illegal Proceedings against the Abhorrers of the Tumultuous Petitions for the Sitting of the Parliament procured more Friends to the Duke of York then perhaps he would otherwise have had and gave the English Gentry an Excellent Prospect what they might Expect from these Warm Gentlemen if ever they fell into their hands The King had
and Measures of all your Votes may be the Known and Established Laws of the Land which Neither Can nor Ought to be Departed from nor Chang'd but by Act of Parliament And I may the more reasonably Require That You make the Laws of the Land your Rule because I am Resolved they shall be Mine FINIS ADVICE TO THE READER HAving received the following Papers just as this Tractate was finished and Printed off I thought my self obliged to Comply with the reasonable Request of so many Persons of that Worth and Quality the Subscribers are Thô at the same time I must confess that neither I nor this Treatise do or can deserve that Character their Civility and Goodness have bestowed on us Sir BEing Inform'd that you are upon a Continuation of that Excellent Work Entituled An Address to the Freemen and Freeholders of the Nation and that the Third Part of it is now in the Press we take the Freedom to Trouble you with this our Joynt-Request That if you take any Notice of the Case of Mr. Richard Thompson of Bristol Clerk in the Series of your Narration you will be pleased to give Credit to the Report which we shall here offer you And if you think fitting to Communicate it to the Publick in his Justification and Defence The Particulars hereof we have partly upon very Good Authority And we are able to Testifie the Truth of the rest upon our own Knowledge and Experience as to the Character Life and Conversation of This Worthy Gentleman He was Born of Protestant Parents and Educated in the Methods and Principles of the Church of England He received his Orders of Priesthood from the Hands of Dr. Fuller Bishop of Lincoln in the year 1670. Immediately upon this Qualification he was sent by the Reverend Dr. Pierce to serve in his Cure of Brington in Northamptonshire where he continued some Years with a very Fair Reputation About the year 1675. He removed from thence to Salisbury upon the Invitation of the said Dr. Pierce then Dean of Sarum where he liv'd with him in his own House In the year 1676. The Dean bestow'd upon him first a Prebend And then a Presentation to St. Marie's in Marlborough In 1677. He Travail'd with Mr. Jo. Norborne of Calne in Wiltshire but within less than a Twelvemonth he was Recall'd upon the Vacancy of Bedminster by Bristol his Present Living When he was abroad he neither Studyed at St. Omers nor Douay as was suggested Nor ever saw those Places nor pass'd into any part of Flanders or Italy but France alone He spent near Seven Months of his time at Paris and in the Academy of Monsieur Fonbert a Protestant still frequenting the English Ambassador's Chappel and receiving the Sacrament there And during his stay he Preach'd twice and read Prayers often in That Chappel At Guien upon the Loyre he sojourn'd all his time there with Monsieur Du Paizy the Protestant Minister Frequenting the Protestant Church and that only Receiving the Sacrament also from the hands of Monsieur Du Paizy to put those Men out of hope of Gaining him over that had already Sollicited him by fair Promises of Advantage to the Communion of the Church of Rome At Blois he kept himself also upon the same Reserve avoiding even to Lodge in the House of a Romanist but upon Absolute Necessity He was not yet so Rigorous as not to allow himself in a Curiosity to make an Acquaintance as well with Persons Eminent in their several Orders of the Church of Rome as with the Famous Men of the Protestant Churches He does not deny but that he had twice or thrice seen Mass performed while he was abroad but it was Curiosity not Religion that carried him thither And that he is so far from being stagger'd in his Faith by any thing he saw abroad that he is the more Confirm'd in it And that he would rather Beg within the Communion of the Church of England than be the greatest Person the Church of Rome could make him out of it Since his Return in 1678. No man hath kept himself more strictly to the Orders of the Church of England He hath taken the Oaths of Allegiance and Supremacy at least Eight several times Preaching and Acting in Conformity thereunto He never Refus'd any Test of Fidelity to the Government and Declares himself Ready to take any farther Tests that shall be lawfully impos'd upon him Sir We have Extracted these Particulars from Evidences Uncontestable and we reckon it our Duty to God to the Church to Common Justice and to Persecuted Innocence to Present This Account to your self in hopes that you will Transmit it with your own Ingenious Reflexions to the View and Consideration of the World We have Annexed hereunto a short Summary of what will be Attested on his behalf since he came to Bristol And we have thereunto subjoyn'd several Fair and Ample Certificates in his Vindication and Defence We could have added many more as particularly A Certificate of the Right Reverend the Lord Bishop Now of Chichester late of Bristol who has been pleas'd to Certifie Mr. Richard Thompson to be in these very words A Person of much more then ordinary Endowments for Learning an Excellent Preacher and which Crowns both the Former a Man of a Clean Life and Vnreproveable Conversation A Person free from Novelties in Religion but very sound and Orthodox in the Doctrines he Preaches and thoroughly Conformable as to Discipline c. And then afterward his Lordship Concludes thus I know no Young Man of his Years that better deserves very Good Preferment in our Church then This Young Man doth And this I do Testifie sincerely from my Heart and give under my Hand this Fourteenth day of September in the year of our Lord 1679. at my Palace in Chichester For the Truth and Authority of the whole Matter we are willing and ready to become Answerable and shall take it for a singular Kindness if you will be pleas'd to let These Testimonials pass into the World at the instance of Sir Your humble Servants Thomas Eston Mayor Sir Richard Crump Kt. Sir John Knight Kt. James Twyford Walter Gunter Thomas Davidge John Yeomans Touching Mr. THOMPSON's Care and Pains at BRISTOL in the Discharge of his Function there And his Reputation among the Inhabitants of the said City 1. IT is Undeniably known That he hath brought over many Anabaptists and Quakers to the Church of England there and Baptized them Publickly 2. That he hath Instructed and Grounded many Hundreds of Children who were afterward Confirmed by the Bishop of the Place in the Catechism of the Church of England 3. It is certain that he is never without a Full Auditory whensoever he Preacheth or when he Readeth the Prayers only And that he hath in his time much encreased the Number of Communicants 4. There are many most Worthy Gentlemen in That City that will not be Ashamed to own their Establishment in the Church of England to