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
KING' 's Most Excellent Majesty Lord Chancellor Lord Treasurer Duke of Lauderdale Marquess of Worcester Earl of Ossory Lord Chamberlain Earl of Sunderland Earl of Clarendon Earl of Essex Ear of Bathe Earl of Craven Earl of Aylesbury Lord Bishop of London Lord Bishop of Durham Lord Maynard Mr. Vice-Chamberlain His Majesty was this day pleased to Command that the Declaration hereafter following be Entered in the Council-Book it being all Written and Signed by his Majesty's Own Hand in a Paper which his Majesty this day delivered at the Board to be Kept in the Council Chest viz. FOR the avoiding of Any dispute which may happen in time to come concerning the Succession of the Crown I do hereby Declare in the Presence of Almighty God That I Never gave nor made any Contract of Marriage nor was Married to any Woman whatsoever but to My present Wife Queen Catherine now Living White-Hall the Third day of March 1679. CHARLES R. His Majesty Commanded us who were present at the making and Signing this Declaration to attest the same Finch C. Danby Lauderdale Worcester Ossory Arlington Sunderland Clarendon Essex Bathe Craven Aylesbury H. London N. Durham W. Maynard G. Carteret In April Last We found the same Rumour not only Revived again but also Improved with New Additions to wit It was given out That there was a Writing yet Extant and lately produced before several Persons whereby the said Marriage or Contract at least for the Report was Various would appear and that there are several Lords and others yet Living who were pretended to have been present at the said Marriage We Knew full well that it was Impossible that any thing of this should be true there being Nothing more Groundless and False then that there was any such Marriage or Contract between Vs and he said Mrs. Walters alias Barlow Yet We proceeded to call before Vs and caused to be Interrogated in the Council such Lords and other persons as the Common Rumour did Surmise to have been present at the pretended Marriage or to Know something of it or of the said Writing And Though it appeared to all Our Council upon the Hearing of the said Lords and other persons severally Interrogated and upon their denying to have been present at any such Marriage or to Know any thing of it or of any such Writing That the Raising and Spreading of such a Report so incoherent in the several parts of it was the Effect of deep Malice in some few and of Loose and Idle discourse in others Yet We think it Requisite at this time to make Our Declarations above recited more Publick and to Order the Same as We do hereby with the Advice of Our Privy Council to be forthwith Printed and Published And We do again upon this Occasion call Almighty God to Witness and Declare upon the Faith of a Christian and the Word of a King That there was never any Marriage or Contract of Marriage had or made between Vs and the said Mrs. Walters alias Barlow the Duke of Monmouth's Mother or between Vs and any Woman whatsoever Our Royal Confort Queen Catherine that now is Excepted And We do hereby Strictly Require and Command all Our Subjects whatsoever That they presume not to Vtter or Publish any thing contrary to the Tenor of this Our Declaration at their Peril and upon pain of being proceeded against according to the Vtmost Severity and Rigour of the Law Given at our Court at White-Hall the Second day of June in the Two and thirtieth Year of Our Reign On the 15th of the same Month of June Mr. Attorney General by his Majesties Command moved in the Court of Chancery That these Declarations might be Enrolled and made a Record of that Court for the preservation of them and in order thereunto the Rords and others of his Majesties Privy Council who were present when his Majesty made and Signed those Declarations and were Now in Court being desired to Attest the same They did it upon their Oaths as did likewise the Clerks of the Council and then it was Ordered That the said Declarations should be enrolled accordingly And when about this time his Majesty had sent the Duke of Monmouth to reside for some time beyond the Seas that he might not be made a Stale to these Mens ill designs they wrought so much upon him that he returned without his Majesties Leave and all his Places which were of great Value as well as Trust Power and Honour were taken from him In the Last Parliament at Westminster the 10th day of January 1680. The Commons past these Votes 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 Most Honourable Privy Council to desire his Majesty to Restore the said James Duke of Monmouth to his said Offices and Commands Now let it be Considered That there was not the least regard had to the Duke of Monmouth or his Interest till this day in all that Session of Parliament and now when it was said they should be Prorogued and all the reason in the world to believe that a Dissolution would follow the last day in probability they were to Sit his Majesty being also disoblig'd by the Votes about the Revenue so that it could not be Expected that almost any thing could be granted and when they could not Hope to see any effect of it they passed these two Votes For what might be expected from it let his Grace the Duke of Monmouth and all the World Judge I have heard some men insinuate that the Duke of Monmouth was sent into Scotland tho there was no need of him that by that Defeat of the Dissenters he might be rendered odious to their Partisans here in England and so be turned out of all his Places and No man Concern himself for him he having as they would insinuate no Friends in England but they To which I answer That it ought to be Considered that on the one Side his Majesty who is the Father of the Duke appears whom all the World his worst Enemies not Excepted acknowledg to be a Prince of a God-like Goodness and Clemency to his very Enemies and on the other Side a Company of Men who have given large Demonstrations that they are Enemies to Monarchy it self and therefore not likely to be over-kind to any of the Royal Family but for ill Ends and such as the Duke hath no reason to promote if he did perfectly Understand them Now let any man reflect upon this and then pronounce as his Reason shall direct him whether his Majesty or the Anti-Court Party were likeliest to design the Ruine of the Duke that is A Kind Father or an Enraged and disobliged Enemy To say here as they commonly do That his Majesty was imposed
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
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
that none shall hereafter be Admitted into any of the said Societies that shall not do the same And that an Address should be made to his Majesty that all persons who bring up or suffer their Children to be bred up in the Popish Religion may by his Majesties order be put out of all publick Employments civil and military whereof they are now possessed AND that for the future no person may be put into or continued in any employment civil or military who shall knowingly Marry a Papist These last particulars are most worthy to be passed into an Act of Parliament On Tuesday the first of April the Commons finished the Bill of Attainder against the Earl of Danby and sent it up to the Lords After which they passed this Vote Resolved That the continuing of any standing Forces in this Nation other than the Militia is illegal and a great Grievance and Vexation to the people This is the first Vote that was ever made against his Majesties Guards since his return tho there have been Parliaments sitting ever since On Thursday the 3d of April the Articles of Impeachment against William Earl of Powys William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasyse were brought into the House of Commons and received And a Bill about the Convocation sent down by the Lords and another to Regulate the Elections of Members to serve in Parliament were read the first time and ordered a second Reading Friday the 4th of April An Act for the better discovery and more speedy Conviction of Popish Recusants sent down from the Lords was read the second time and Committed to a Committee who were also to bring in a Clause to prevent any of the Royal Family from matching with Popish Recusants Was not this that tacking of things of a different Nature together which his Majesty had resolved against as he told the Houses in these words about a year before One thing more I have to add and that is His Majesties Speech the 23 of May 1678. to let you know that I will never more suffer the course and method of passing Laws to be changed and that if several matters shall ever again be tacked together in one Bill that Bill shall certainly be lost let the importance of it be never so great But it was resolved it seems now to try whether he would be as good as his word and if he were then the clamour should be that he was against the speedy conviction of Popish recusants Besides this was no such trivial thing but that it might have deserved a distinct Bill The same day the Bill against the Earl of Danby being delivered back by the Lords at a Conference with some Amendments the Commons referr'd the consideration of the Amendments to be considered the next day and ordered an Address to be drawn up for a Proclemation for the Apprehending the said Earl with the usual penalties upon such as conceal him and that he should not be permitted to reside with in any of his Majesties places of White-Hall Somerset House and St. James's On Saturday the Bill for Regulating Elections was read the second time and Committed to a Committee 5 of April with liberty to divide the Bill as they see cause On Monday the 7th of April his Majesty by Mr. Secretary Coventry acquainted the House of Commons that Mr. Reading had acquainted him by a letter directed to one Mr. Chiffinch that he had matters of great importance concerning the Prisoners in the Tower and the present Plot but that his Majesty would not meddle with any Prisoners Committed by this House and that he would if the House thought fit not only permit him but lay his Commands on him frankly and freely to impart whatsoever he knew of that affair to the House of Commons or the Committee of Secrecy appointed by them Which so pleased the Commons that they ordered the humble thanks of the House to be returned to his Majesty So far was he from concealing any thing relating to the Plot as he hath been basely and falsely calumniated This day the Commons sent up the Articles against the five Lords in the Tower into the House of Lords The same day it was ordered that a Bill should be brought in for Annexing Tangier to the Imperial Crown of England ☞ upon a report that it was to be sold to the French I should not have taken notice of this Vote but that I shall have occasion to make further use of it hereafter The Ninth day of April the House further Voted ☞ that those who did advise his Majesty to part with Tangier to any Foreign Prince or State or were instrumental therein ought to be Accounted Enemies to the King and Kingdom On Tuesday the eighth of April the Bill relating to the Convocation was read and referr'd to a Committee And then they fell to debate the Reasons against the Amendments of the Lords to the Bill against the E. of D. which chiefly stood upon this point that the Bill was by them changed from a Bill of Attainder to a Bill of Banishment which the Commons could not consent to 1. Because 't was not the legal punishment of Treason 2. That he might make use of the remission as an Argument of their distrust of their proofs against him 3. That it would encourage others to withdraw themselves as he had See the Reasons at large in the Printed Journal The Habeas Corpus Bill was read the third time and passed and sent up to the Lords The same day was a conference betwixt the Lords and Commons about the E. of D. Bill wherein the Lords prayed a Mitigation of the said Bill Which was referred by the Commons to be considered the next day When their desire was denyed April 9. and Reasons ordered to be drawn up against it The next day there was two several Conferences about this Bill But no report of either of them entered that day in the Journalls of the House of Commons but they are entered on Saturday the 12th of April And it appears that the Commons resolved then to stand to the Bill without the Amendments In the House of Lords on Saturday the 5th of April the Lord Bishop of Ely complained that one Mr. Sidway had put an information against himself and some others of the Lord Bishops that was very derogatory to them and thereupon the House commanded the business to be brought before them and stopt the proceedings of their Committee of Secrecy in that and all other things relating to any Member of their House Where the business being heard on the Monday following the said John Sidway was Committed to the Prison of the Gatehouse for bringing a frivolous and untrue accusation against the Lord Bishop of Ely and other Bishops though several Lords dissented So the Bishops were quitted that time with Honour as I wish they always may be and that their enemies may meet with
that shame and confusion they deserve who through their sides strike at the Lords Anointed and endeavour to ruine both the Church and State by changing the Government from a Monarchy to a Common-wealth as experience taught us once before when the Crown soon followed the Miter and the Temporal Lords the Bishops On Wednesday four of the five Lords in the Tower were brought to the House of Lords and heard the Articles readagainst them and had Copies of them and were assigned their Counsel for matter of Law but not for matter of Fact and had time to answer till the 15th Instant But the Lord Bellasys not being able to appear by reason he was lame of the Gout was excused and had a Copy of the Articles sent him On Monday the 14th of April at a conference the Lords consented to pass the Bill against the Earl of Danby without any amendment Wednesday the 16th of April A Bill for securing the King and Kingdom against the growh and Danger of Popery was read the second time and commttied to a Committee The same day a Message was brought from the Lords that the E. of D. had rendered himself and was sent to the Tower And by another Message word was sent that the four Lords had Appeared had sent in their Answers to the Articles upon which they had been proceeded against which Answers they sent down to the Commons being the Originalls and the Lords desired the return of them with all convenient speed that they might consider of them And then the Commons Voted his Majesty a supply for the Disbanding the rest of the Forces not disbanded by the former Act. To be levied by a Land Tax in six Months By which all Forces raised or brought over from Foreign parts since the 29th of September 1677. were to be disbanded The Commission Officers being to be paid only to the first of this April The next day a debate arising Thursday the 17 of April whether the Mony for Disbanding the Army should be paid into the Exchequer it was carried in the Affirmative by 60 Voices A Committee of Secrecy was appointed to prepare and draw up evidence against the E. of Danby and also further Articles as they should see cause On Friday the 25th of April a Bill for prevention of raising Mony upon the Subjects but by Act of Parliament was read the first time and ordered to be read a second time A Bill for exporting Cloth to Turkie was read a first time and ordered to be read again The same day the E. of D. and John Lord Bellasys appeared at the Bar of the House of Lords and put in their several Answers which were sent down to the Commons with desire they might be returned with all convenient speed On Saturday it was resolved in the House of Commons 26 of April that they would the Friday following take into consideration how to make the law for prohibiting the importation of French Commodities more effectual William Viscount Stafford Henry Lord Arundel of Wardour and William Earl of Powis Appeared this day at the Bar of the House of Lords and retracted their former Plea's and put in their Answers which were by a Message sent down to the Commons which were read and referred to the Committee of Secrecy belonging to the said House This day the House of Commons resolved Nemine Contradicente That this House will sit to morrow to consider of the best means to secure and preserve the Kings person and also the Protestant Religion against the Attempts of the Papists both in the Reign of his Majesty and his Successors And accordingly they did sit and began the day very inauspiciously with reading an Address to his Majesty for the Execution of Pickering who as they said had been imployed by some of the Conspirators to execute their Execrable design of Murdering his Majesty and upon his Tryal was found guilty thereof as also of divers Priests and Jesuits who stood then Condemned by his Majesties Judges at the Old-Bayley and in several of the Circuits Upon which Offenders they humbly desired immediate Execution might be done to the terror of all such wicked persons who by their daily Traiterous practises do justify the prudence of their Ancestors in making such Laws and manifest the necessity of putting them in Execution And though there is nothing to be said for the men yet I wish they had not made this severe motion on a Lord's day it being none of those works of Charity and Mercy 29. Car. Cap. 7. no nor necessity neither which are commendable on that day and this might as well have been done on any other day Then they proceeded to the work appointed and Voted in the first place That a Bill be brought in upon the debate of the House to Banish all Papists or reputed Papists from London and Westminster and twenty Miles of the same for Six Months and to confine all those that live above twenty Miles from London within five Miles of their own Habitations under penalties and referred it to a Committee to draw up the same And then Secondly Resolved Nemine Contradicente That the Duke of York being a Papist and the hopes of his coming such to the Crown have given the greatest countenance and encouragement to the present Conspirators and designs of the Papists against the King and the Protestant Religion Resolved That the concurrence of the Lords be desired to this Vote Ordered that the Committee of Secrecy draw up a Narative of all such matters as concern the D. of Y. relating to the present Plot contained in such Papers as they have in their hands and present the same to the House on Wednesday next And then they adjourned the debate till Monday following The next day being Monday the 28th of March the House attended his Majesty with the said Address for the Executing Pickering c. To which his Majesty reply'd Gentlemen I Have always been tender in matters of blood which my Subjects have no reason to take exception at but this is a matter of great weight I shall therefore consider of it and return you an answer So little was this mercifull Prince exasperated by all the practises against him On Wednesday the 30th of April his Majesty sent for the Commons up to the Lords House and made this Speech to the two Houses My Lords and Gentlemen THe Season of the Year advancing so fast I thought it necessary to put you in mind of three particulars 1. Prosecuting the Plot 2. Disbanding the Army 3. Providing a Fleet for our common security And to shew you that whilst you are doing your parts my thoughts have not been misimployed but that it is my constant care to do every thing that may preserve your Religion and secure it for the future in all events I have commanded my Lord Chancellor to mention several particulars which I hope will be an evidence that in all things that concern the Publick security I
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
Thursday the Votes I have mentioned before being communicated by the Lords to the Commons the Commons answered That if the pardon of the E. of Danby infer Life and Death it is the same with Guilty or not Guilty and desired again to know whether the Lords Spiritual should Vote upon the E. of D. Pardon in answer to which the Lords said they had no Instructions in that point but would acquaint the House with it On Friday the Commons insisted that the Lords Spiritual ought not to have any Vote in any of the proceedings upon the impeachments against the Lords in the Tower and the Commons declared that they knew not how to proceed in Capital matters before a new Court to which the Lords would not reply So the Lords voted that Thursday next should be appointed to begin the Tryals of the five Popish Lords After which the Lords Spiritual desired leave of the House that they might withdraw themselves from the Tryals of the said Lords with the liberty of entering their usual Protestations as I have formerly said And it was Ordered that the Resolution of the Lords House and the desire of the Lords Spiritual should be communicated to the Committee of the House of Commons the next Morning This being so done the Commons insisted that their Vote extended to the E. of Danby as well as the five Lords whereas the Lords Vote relate only to the five Lords and therefore they desired to know what answer the Lords would give as to the E. of Danby they further objected that they conceived that their vote was as to the Right of the thing and that the Bishops have no right to be at any Vote in any capital cases And they conceived the E. of Ds. to be a Capital case as well as the cases of the other five Lords and that if the Bishops may have leave to withdraw it implies a right which if they have it is a new Court which the Commons cannot admit of The Lords reply'd there is no day yet appointed for the tryal of the E. of D. and that the Lords Spiritual will be absent at all the parts of the Tryals of the five Lords and that the Protestations they now desire to enter will be the same as in the Earl of Strafford 's case Then the Commons said they could not proceed to treat of any other Proposals till such time as the business about the Court be setled On Munday the 19th of May the Commons further insisted that the Lords Spiritual ought not to have any Vote in the proceeding against the Lords in the Tower and when that matter shall be setled and the Method of proceedings adjusted their House would be then ready to proceed upon the Tryal of the Pardon of the E. of Danby against whom the Commons had already demanded judgment and afterwards to the tryal of the five Lords in the Tower Upon which the Lords told them they had no Authority to debate this Matter Note that the tryal of the E. of D. was render'd impossible by Voting no Commoner of England should be of Counsel with him or defend the validity of his pardon 2ly That all this contest about the Bishops was only in relation to the Earl's case 3ly That they insinuate they would proceed by Bill all which were Declarations they meant to force the Lords as much as in them lay to condemn the E. one way or another as the Long Parliament forced his Majesties Father and the House of Lords against their declared judgments to condemn the E. of Strafford But to go on The Commons then further said that the Lords resolution which was offered was no answer to their proposition which comprehended the E. of D. as well as the five Lords besides the Lords answer was doubtful for it appears that the Bishops asked leave to be absent but it appeared not that it was granted then consequently the Bishops must sit in Court at the Tryals that the Commons conceived that the Bishops absenting themselves by way of Leave is a strong implication of a right asserted which they cannot allow can ever be maintained yet this they were told let it imply what it will was allowed them in the case of the E. of Strafford in Parliament by a house of Commons that were no great Friends to Bishops and why could not the Commons now be contented with what was practised then and at all other times and the Commons did think they said there was the same reason for the Bishops being absent from the Tryal upon the pardon as from the tryal of the other five Lords and that the naming of a day for the tryal of the five Lords before the tryal of the pardon of the E. of Danby against whom the Commons had already demanded Judgment as the putting that last which they desired should be first To which the Lords told them they were not impowered to debate but would impart these Matters to the House The Commons hereupon replied they were ready to go on and that for want of these trials all publick business stood still but the Lords seem'd to lay the stop at the Commons door by naming a day which they conceived ought not to have been appointed before the Methods were considered for the Lords had not answered the Commons in matter of Right which never was nor it may be will be answered which was necessary first to be adjusted and they desired their resolution as to that matter for they conceived they the Bishops had no right which whether they had or no there was no more necessity of determining it then then heretofore and the Lords might as well make the Judges part of their Court as the Bishops in this point As they said And they said the Commons would give no disturbance to the Ancient judicature for they own'd that to be sacred and they conceived they had a right to know before what Court they shall appear and they hoped the Lords would consider of their having appointed a day before the Methods were considered and would give them leave to wonder at it It is as likely the Lords took leave all this time to wonder at the Commons too and it is likely posterity will wonder that all this Controversy should be banded thus when it was thought to have been full time at least to have been trying the five Lords and dispatching the Bills against Popery On Tuesday the 25th of May the Lords having again considered of all this in a Committee of the whole House gave further day for the Tryal of the five Lords till that day sennight The same day the Commons read the Bill for freeing the City of London and parts adjacent from Popish Inhabitants with the Amendments the third time and having added two clauses return'd it to the Lords from whom it came The Bill for disabling the D. of York to inherit the imperial Crown of this Realm being read the second time and the question put whether
judgment as well as others and if I be adjudged an enemy of the Commons of England for my pains I cannot help it only I have not medled with the Validity of the pardon in all this nor I think never will and so I have not offended against that Vote The Conclusion I shall draw from hence is that the Lords had reason to put the Tryal of the five Popish Lords first and that the Commons necessitated them so to do by that Extraordinary Vote by starting a new Controversy about the Jurisdiction of the Bishops in all Capital causes and by refusing them liberty to do as they always had done before that is to withdraw upon Leave with the usual protestations entered all which things were not presently to be given up nor could suddenly be determined The rest of that day was spent in two Conferences the one concerning the Habeas Corpus Act and the other about the Tryals in which the Long reasons I mentioned were delivered On Tuesday the 27th of May The Habeas Corpus Bill was agreed at a Conference betwixt the two Houses Then a Message was sent by the Lords to the Commons to acquaint them that his Majesty was coming in his Robes who accordingly sent for the Commons and having passed 1. An Act for the reingrossing the Records of Fines burnt or lost in the late Fire in the Temple 2. An Act for the better securing of the Liberty of the Subject and for preventing imprisonment beyond Seas Which is that I call the Habeas Corpus Act for shortness Which were all that had been got ready for his Royal assent in this Session of Parliament His Majesty made a short Speech to this effect My Lords and Gentlemen I Was in good hopes that this Session would have produced great good to the Kingdom and that you would have gone on unanimously for the good thereof but to my great grief I see that there are such differences between the two Houses that I am afraid very ill effects will come of them I know but one way of Remedy for the present assuring you that in the mean time I shall shew my sincerity with the same Zeal I met you here and therefore my Lord Chancellor I command you to do as I have Ordered you Who immediately Prorogued both Houses to the 14th day of August following The news of this Prorogation of the Parliament was no sooner spread about the Nation but the cry was taken up by the zealous Impostors that it was done of purpose to hinder the Tryal of the Popish Lords for as for the E. of D. the People were generally unconcern'd what came of him And dreadful Stories were told in Coffee-houses Ale-houses Taverns and Meeting houses of the danger of Popery and what great favourers they had at Court not sparing his Majesty But this was not all the Act for Regulating Printing expiring with this Session of which no care was taken notwithstanding his Majesty recommended it so seriously to the Parliament by the Lord Chancellour at the opening of it The Nation became presently so pestred with a swarm of Lying Seditious treasonable and scandalous Pamphlets Papers and Pictures that a man would have thought Hell had been broken loose His Majesty the Church the Government were represented every day by them in the most odious manner that spite falsehood and malice could invent to beget a disaffection in the people to the Government and to involve us in another Rebellion And if any man presumed to Defend them he was presently a Papist in Masquerade a Tory or Tantivy man and very often threatned with the Parliament All which was done without doubt out of as pure kindness to his Majesty and to beget honour to the Government and tended as apparently to the Interest and Safety of the Protestant Religion as the Jews Crys of Crucify him Crucify him did to the delivery of our Saviour out of the hands of Pilate There was an Accident that began in this Session of Parliament and received its occasional being from some Distemper'd Spirits In March 1679 there was a Speech said to be made in the House of Lords by a certain * This Speech is Printed in a Pamphlet called An impartial account of divers remarkable Proceedings in the last Session of Parliament London 1679. folio Earl and by the Diffenters and Commonwealth Party spread about the three Kingdoms with a mighty Zeal which in Scotland was followed with the usual effects of such like Speeches and in regard that it may administer much consolation to that Party to read it over again that were so well pleased with it before I will reprint it here word for word My Lords You are appointing of the State of England to be taken up in a Committee of the whole House some day next week I do not know how well what I have to say may be received for I never study either to make my Court well or to be popular I always speak what I am commanded by the Dictates of the Spirit within me There are some Considerations that concern England so neerly that without them you will come far short of safety and quiet at home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a wall we will build on her a palace of silver if she be a door we will enclose her with boards of Cedar We have several Little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland the Foreign Protestants are a Wall the only Wall and defence to England upon it you may build Palaces of Silver Glorious Palaces The protection of the Protestants abroad is the greatest power and security the Crown of England can attain to and which can only help us to give check to the growing greatness of France Scotland and Ireland are two doors either to let in good or mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to Inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in at doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there it is an Ancient Kingdom they have an Illustrious Nobility a Gallant Gentry a Learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition they are in They are under the same Prince and the influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is certain that in all Absolute Governments the poorest Countries are always most favourably dealt with When the Ancient Nobility
and Gentry there cannot enjoy their Royalties their Shreivaldoms and their Stewardaries which they and their Ancestors have possessed for several Hundreds of years but that now they are enjoyned by the Lords of the Council to make deputations of their Authorities to such as are their known Enemies Can we expect to enjoy our Magna Charta long under the same Persons and Administration of affairs If the Council Table there can imprison any Noble-man or Gentleman for several years without bringing him to Tryal or giving the least reason for what they do can we expect the same men will preserve the Liberty of the Subject here I will acknowledge I am not well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countreys have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath outdone all the Eastern and Southern Countreys in having their Lives Liberties and Estates subjected to the Arbitrary will and pleasure of them that Govern They have lately plundered and harassed the Richest and Wealthiest Countries of that Kingdom and brought down the Barbarous Highlanders to devour them and all this without a most colourable pretence to do it Nor can there be found a reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any rate which as they managed was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the just time for the execution of that wicked and bloody design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are in question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court and that these men that are still in place and Authority have that influence upon the Mind of our excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect cure to it until that be done the Scotch Weed is like Death in the Pot. Mers in Olla But there is something too now I consider that most immediately concerns us their Act of Twenty two Thousand men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a Standing Army of six thousand men I am sure we have reason and right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there But if a French Noble-man should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live else-where and I hope your Lordships will do the same thing for the Nation if you find the same cause My Lords give me leave to speak two or three words concerning our other Sister Ireland thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restored and the Protestants are not many of them yet recovered from being the suspected Party the Sea-Towns as well as the Inland are full of Papists that Kingdom cannot long continue in the English hands if some better care be not taken of it This is in your power and there is nothing there but is under your Laws therefore I beg that this Kingdom at least may be taken in consideration together with the State of England for I am sure there can be no safety here if these doors be not shut up and made sure Whether any such Harangue was made in that August assembly or not I cannot say but I am sure that all the Seditious and Treasonable Pamphlets that have been since Printed are but flourishes upon this Text and an extract of those that went before them the very model of the last Rebellion and probably the design of an other But England and Ireland are not as yet ripe for so generous an undertaking But to shew you how matters past in Scotland I will Transcribe the very words of my Author and leave the credit of them with him By the very next post after this Speech was said to have been spoken The Spirit of Popery speaking in the Phanatical Protestants pag. 73. London 1680. fol. Forty written Coppies of it were sent from London to Edenbrough and the Fanaticks grew so insolent and so daring upon it that several Loyal Gentlemen wrote up accounts to what height of Insolences this Speech had blown up the Enemies of the Church and the Monarchy and that they had just reasons to fear that very dangerous attempts if not a down-right Rebellion would speedily ensue thereupon but those reports found not too much credit at London where the world was made to believe by men whose interest it was that they should not be credited that they were but the inventions of the Duke of Lauderdale for whose advantage in that conjucture it was that they should be believed My Author goes on that he is confident such is his charity he that made it The Effects would not have done so had he known the true State of Scotland which few English men do or foreseen the evil effects which it immediately had in encouraging the Covenanteers to Assassinate Massacre and Rebel For now they begin to look and speak big in Edenbrough and many of them were heard and seen upon the Crown of the Causway who had sneeked about in darkness before And as for the disaffected parts of the Country they now display'd the Banners of Jesus Christ as they Blasphemously call'd their colours at their Conventicles every where and their Preachers now told them that the time of their deliverance and of Gods taking Vengeance upon his Enemies was now at hand only they must repent and be strong and of a great courage and fight the Battles of the Lord. They also threatned in all places such as they thought were seriously active against them talking of great Changes and Revolutions in England and in Publick Places dropt Lists of the Names of those men whom they had a mind should fall by Heroical Hands And in the first place naming Dr. Sharp the Archbishop of
had not satisfied him but rather trifled he would receive no more messages from them And to shew them he was in Earnest whatever they were commanded his Cannon to fire which it no sooner did but the Rebels who were drawn up on the other side upon a rising ground near the Bridge threw themselves upon the ground to avoid the shot But those that were placed upon the Bridge fired at first pretty briskly but after five or six Cannon shot they ran away those on the rising ground beginning first as they were a sort of tumultuous people fitter to begin then carry on a War The Dukes men immediately seized the Bridge and threw into the River their Barracadoes where they took the only piece of Cannon they had of which they had made no use and then followed them up the Hill but their Number being very small the Rebels rallied and faced them but had not the courage to come down upon them So the Dukes Party returned back again to the Bridge and one shot of Cannon more made the Rebels flie to their main Body where they stood again By which one may see here was neither courage nor conduct in these men or their Commanders In the mean time the General passed the Army over the Bridge and drew it up upon the rising ground which took some time and at last a little before they were quite in Order the Rebels advanced upon the Army in very good order but espying the Cannon in the head of the Dukes Army they immediately shifted their Order and opened in the middle thinking it seems they were obliged to shoot streight forward but the Cannon being turn'd upon them as they then stood and discharged three or four times they began to run again their Commander Robert Hamilton being one of the first and the Dukes Dragoons and the Highlanders Advancing upon them in this Confusion it was a perfect Rout and they fled all ways the Dukes men pursuing them In this Skirmish there were killed 7 or 800 and Eleven or 1200 taken Prisoners The Horse were wholly broken and those of the Foot that escaped fled immediately to the Wood in Hamilton Park where the only care was to secure them from flying To which purpose his Grace drew up his Forces and surrounded the Park and sent Collonel Duglas with a detacht Party to ferret them out of the Wood. Of the Dukes Party few men were lost The next day the Duke sent out several Parties to pursue those that were fled marching himself with the Army to a Village within two miles of Streuine and the twenty fourth of June sent all the prisoners which were said to be 11 or 1200 upder the Guard of two Militia-Regiments and Captain Strathan's Troop of Dragoons to Edenborough the Magistrates of which place undertook to secure them with the Town Guards and accordingly put them into an inclosure with high Walls round it at the Back of the Gray Fryers Church The next day the Duke returned to Edenborough to consult with the Lords of the Council how to dispose of the Heretors and Militia-Regiments that had served his Majesty on that occasion against the Rebels as also of those that were then on their march from the several Shires seeing there was then no need of their further Service Which affair being ordered together with such other as he thought most necessary he took Post-Horses and returned to London Thus ended the Scotch Rebellion with the Common fate of such ill grounded enterprises it made them weaker and more hated and strengthened and confirmed the lawful Authority of his Majesty it being the nature of the Vulgar to loath and despise the Innocent when unfortunate much more Rebels and Traitors But then these Zealots like their Predecessors who ruined the Jews and Josephus informs us by their cruelty and furious bloody devotion had bespoke the detestation of all sober men not only by their barbarous assassination of the Primate which was the occasion of this Rebellion but also by their insolence and unaccountable rage and madness during the short time it lasted Of which I will give a few instances They Barbarously treated the dead Body of one Graham an Officer The Spirit of Popery pag. 47. whom they killed at that Conventicle which began the Rebellion upon the account of his Name only They committed insufferable Insolences in the Houses of the Regular Ministers and Loyal Gentlemen as they marched along the Countrey to Glasgow Stabbing Cutting and Gashing his Majesties Picture wheresoever they found it particularly in the House of the Laird of Hagges executing that Treason they had entertained in their hearts upon his Effigies because his Royal Person was out of their reach foolishly at once betraying and disappointing their disloyal designs They behaved themselves barbarously in the house of the Archbishop of Glasgow where they burnt his Books cut in pieces his best Hangings and Furniture and almost killed a Gentlewoman with blows who was left to keep the House only for saying these words Gentlemen I hope you 'l remember that you are in the Archbishops House They sacrilegiously entered the Cathedral of Glasgow and finding a Tomb-stone over the Two Children of the Bishop of Arguile with an Inscription of a Modern date They digged up their Bodies run them through with their Swords and left them lying above the ground And even after they were beaten An Account of the Vidory Printed at London one of the Kings Souldiers going into a Countrey house belonging to one of these Covenanters for a little Meal as he stooped down to take it out of a Chest was by the Master of the House stabbed through the Back for which unmanly Murther he was immediately apprehended and shot to death Which as the Author saith shews the cruel and merciless disposition of that sort of people To which if you add the two insolent Proclamations I have mentioned already it will be no wonder the City of Edenborough received the news of their defeat with the greatest joy imaginable there being nothing to be heard there but joyful acclamations Ringing of Bells and Roaring of Cannons from the Castle and good store of Bonfires besides all men dreading to fall into the hands of such Godly Villains and therefore rejoycing at their Ruine The Conclusion And now my dear Country men if you will but be pleased to reflect seriously and impartially upon what I have written with great pains for your information I doubt not but you will conclude with me that as never any Prince treated a People with more Candour and Lenity then his Majesty did upon this juncture so there were some that made very unsuitable returns to his goodness and plainly discovered that the peace of the Kingdom was not so truly aimed at by some of them as it was intended by him Notwithstanding their loud pretences of preserving and settling the Protestant Religion which is inseparably annexed to and bound up in the other How far they imploy'd
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
many other such proceedings As the Parliament that is the Commons Courted the City so the City was as kind to them and Calling a Common Councel Voted an Address to his Majesty to declare their Loyalty and to Petition him that the Parliament might Sit until Protestantisme was Secured I believe they might mean innocently tho I am well Secured that this would have perpetuated them to the End of the World if some amongst them might have been Judges of the time when this great work was perfected But this did not Edify with his Majesty who penetrated to the bottom of these little Projects and was not over-pleased with this Correspondency betwixt this and the Commons remembring what ill effects this Conjunction had in the Reign of his Father So he Advised the Common-Councel to meddle with those things that lay before them and assuring them That he would Labour to maintain the Protestant Religion as it was Established by Law which was more than they desired he dismissed them On Munday the 15th day of November A Bill against the Importation of Cattel from Scotland was Read the first time and Ordered a Second Reading the Saturday following at Ten of the Clock This day was delivered the following Message to the Commons CHARLES R. HIS Majesty did in his Speech at the Opening of this Session of Parliament desire your Advice and Assistance in relation to Tangier the Condition and Importance of the Place obliges his Majesty to put this House in mind again That He relies upon them for the Support of it without which it cannot be much longer preserved His Majesty doth therefore Earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House A Debate thereupon arising in the House they Voted That they would proceed in the Consideration of this Message the next Wednesday Morning at Ten of the Clock A Bill sent down from the Lords Intituled An Act for the better Regulating the Tryals of the Peers of England was Read the Second time and Committed upon the Debate of the House This day the Bill for Disabling the Duke of York was Read the first time in the House of Peers and the question being put Whether it should be read again the House divided Noes 63. Yeas 30. So it was Thrown out the Bishops all appearing against the Bill Except three for which some of the Commons Reflected upon them with great Liberty as if no body could be for the Duke but he must be for Popery The House of Commons taking notice of this were so discomposed that they Adjourned themselves on Tuesday Morning and did nothing that day And the day following meeting in a very bad and discontented humour and taking into Consideration the Message about Tangier They Resolved upon an Address to his Majesty upon the Debate of the House Humbly representing to him the dangerous State and Condition of the Kingdom And then it appearing that George Earl of Hallifax had been very Active in the House of Lords against the Bill for Dis-inheriting the Duke they Resolved also upon another Address to his Majesty to remove the Earl from his Majesties Presence and Councils for Ever And this was all they did the Second day after The House being in a perfect Fret and the Country-Party Heating themselves by their Speeches to that height they were scarce able to Consider what was fit to be said or asked And now that the Peers of England have passed their Judgment concerning this Bill I will add some short Reflections upon the Bill which I shall shall submit to my Reader as it is fit I should First Then I do acknowledg it is a great affliction to any Protestant Country to fall into the Hands of a Popish Prince and worse for England then for most other because of the great and implacable Malice the Jesuits and the whole Church of Rome have ever born to the Religion Established amongst us which is more easily defended against them then any other Reformed Church as being founded upon greater Antiquity and more conformable to the Primitive Church of the Three or Four first Centuries then either the Church of Rome or any of the Reformed Churches in these Western Parts of the World and therefore they of the Church of Rome Have left no stone unturned to Subvert her imploying all their own Wit and Power against her ever since the Reign of Queen Elizabeth began and sticking neither at Perjury Treason Murther nor any other Villany that they thought might conduce to that End and when God had by his Gracious Providence defeated all these their Damnable Projects They Transformed themselves into the shapes of our own Protestant Dissenters and so promoted a Rebellion which ended in the seeming Ruine of this Religion and Government to their mighty Content and Satisfaction but tho his Majesty at his Return re-settled this Church yet they did not give over but by a Toleration by spreading Pamphlets written in the Stile of the Dissenters and so very acceptable to them by discouraging all that opposed our Intestine Divisions and a multitude of such other frauds they have in Twenty Years time so shaken her foundations again that his Majesty can hardly now preserve and uphold her against the Popish Party on the one hand and the Dissenters on the other So that if this poor persecuted Church should fall into the hands of a Prince of their Communion She is to Expect whatever the most Enraged Malice armed with his Authority can inflict upon her and She hath all the reason in the world to expect the Dissenters will joyn with them to afflict and ruine her Not out of any Kindness to Popery but out of an implacable hatred they two have Conceived against her So that I must and will Conclude the Church of England hath the greatest reason in the world to dread that day that shall put her into such hands But yet still with this limitation notwithstanding that by Avoiding one Mischief she should not plunge her Self into a greater that is by flying a Persecution from men to fall into a Rebellion against her God and Saviour by whose Providence Kings and Princes of what Religion soever they be rule and by whom they have in all Ages been so Ordered Disposed and Governed as He in his Divine and Holy Wisdom Saw most Expedient for the Prosperity or Chastisement of his Church to the greater encrease of her Glory and Happiness in the world to come Two things I will lay down as Undoubted Rules or Maximes 1. That the Kingdom of England is an Hereditary Kingdom or Monarchy which for many Ages hath gone to the Next Heirs be they Males or Females of the Blood Royal without any Election or Consent of the People otherwise then by acknowledging their Lawful Right derived from God by their Blood to them The Second is That this Hereditary Monarchy was set up at first and hath been since upheld and maintained by the Providence of
No person should be Admitted to come to them but such as should have occasion to bring them Necessaries On Friday the 10th of December Captain Castle was found and Voted guilty of offending against the Rights of the Subject by Obstructing Petitioning to His Majesty for the Sitting of that Parliament The same day the Commons Ordered an Impeachment to be prepared against Sir Francis North Chief Justice of the Court of Common-Pleas for High Crimes and Misdemeanors viz. for Advising the Proclamation against Tumultuous Petitions Then they Voted That the Imprisonment of one Peter Norris at Dover by the Order of Sir Leoline Jenkins was Illegal and Arbitrary and an Obstruction to the Evidence for the Discovery of the Horrid Popish Plott This was the business for which Sheridon and Day were imprisoned On Munday the 13th A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey being read the second time and a Debate arising thereupon it was Ordered that it should lie upon the Clerks Table They Ordered also That the Committee appointed to look into and prepare Evidence against the Lords in the Tower do Examine the Evidence against all persons concerned in the Popish Plot. And they were to report the Names of such persons together with their Opinions therein to the House upon the Debate And also that Leave should be given to bring in a Bill for Banishing of all Papists and suspected Papists from the Cities of London and Westminster and XX miles of the same with Clauses therein for disarming of all Papists and for Pains and Penalties against all such Papists or suspected Papists as should Ride Go or be Armed And that Lists of them should be brought in by the Members When ever any Law pass against suspected Papists great care ought to be taken to limit that Loose term or great Mischiefs will insue On Tuesday the 14th of December Complaint was made That one Herbert Herring who had been ordered to be taken into Custody for a Breach of Priviledge did abscond himself to avoid the Execution of the said Order whereupon it was Resolved That if he did not render himself by Saturday that House would proceed against him by Bill in Parliament for endeavouring by his absconding to Avoid the Justice of the House This was a way never to want Work if every Fugitive Attorney or Porter that had broke the Priviledge of the House was to be brought in by Bill Sir Robert Peyton a Member of their House was the Next that fell under their displeasure being said to Have had Secret Negotiation with the Duke of Y. by the Means of the Earl of Peterborough Mrs. Cellier and Mr. Gadbury at such time as they were turning the Popish Plot upon the Protestants i. e. the Presbyterians it seems they are THE Protestants For which he was Ordered after his defence to be Expelled the House and to be brought to the Bar to receive the Censure of the House upon his Knees from the Speaker Which was done with so little respect to the Quality of the person that after the Dissolution of the Parliament he sent the Speaker a Challenge for which he was Committed having been before committed to the Serjeant for not being at hand when it should have been first done by the Speaker So he was twice Committed and Expell'd too but by what Law the House of Commons proceeded I know not It is the Interest both of the Members and of Us whom they represent to take care that this be not left to them for here was a Member Expelled not for being a party to that Conspiracy of the Papists but for having Secret Negotiations with the Duke of York at that time and if this be allowed that they may Expel for what cause they please be there Law or be there none then have the greater part of the House an Absolute and Arbitrary power over the lesser part and if either Side do by accident get the Advantage of the other by a Single Vote they may Expel them as they please which must Necessarily end in Confusion and Slavery On Wednesday the 15th of December the House resolved into a Committee of the whole House to Consider of Ways and Means to Secure this Kingdom against Popery and Arbitrary Power and Resolved upon two Votes viz. Resolved Nemine Contradicente That this House doth agree with the Committee That one Means for the Suppressing Popery is That a Bill be brought in to banish immediately all the Considerable Papists of England out of the Kings Dominions Resolved N. C. That this House doth agree with the Committee That a Bill be brought in for an Association of all his Majesties Protestant Subjects for the Safety of his Majesties Person * Note here is no mention of his Majesties Government in this Association the Defence of the Protestant Religion and the Preservation of his Majesties Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any Papist from Succeeding to the Crown And ordered a Committee to be appointed to prepare and bring in a Bill pursuant to the first of the said Resolves The latter was taken up to Supply the Bill of Exclusion which bad been thrown out by the Lords and was never prosecuted any further for when they came to draw the Bill it was found impracticable without involving us presently in a Civil War For an Association signifies nothing without a Head to govern and direct it if the King be made the Head then we are where we were and it is to no purpose If another person be made So then there is two distinct Governments in the same Kingdom which can never stand together a Month without imbroyling themselves and the People This the Holy League of France proved Experimentally true and the same Event will always follow Besides there was no reason to Expect that either his Majesty or the House of Lords would yield to this way of Exclusion which was worse than the former Tho if that had passed it would have signified nothing without an Association or a Standing Army as the Author of the Seasonable Address to both Houses of Parliament hath well proved This day also His Majesty made a Speech to both the Houses which I will insert when I come to the Answer of the Commons to it On Thursday the 16th of December A Petition of Divers Inhabitants in the County of Surry Complaining of the proceedings in an Ecclesiastical Court against them being read it was referred to a Committee to bring in a Bill or Bills for Regulating the proceedings of such Courts A Petition of Joshua Brook and other Merchants against the African Company was also read and referred to a Committee Mr. Booth reporting from the Committee to whom the Bill for the better Regulating the Tryals of the Peers of England was committed An Amendment to be made and a Clause to be Added and thereupon a Motion being made to bring in a Clause
for Repeal of the Laws de Scandalis Magnatum It was Ordered That a Committee should be appointed immediately to withdraw and prepare such a Clause Which was done and passed the same day If the Peers had passed this Clause they had reduced themselves into the Condition of the Gentry and Commoners and a man might have called the greatest Lord in England Knave more Safely perhaps than his Taylor but if they did not then that Excellent Bill was to be lost to which they had tacked this Clause which was quite of another Nature And it ought to be Considered also That the Lords were Soon Voted down by the Commons once before when by Separating themselves from the Crown they had lost their Support and they may be sure the same thing will follow again when ever the Commons shall prevail so far upon them as to bring the Peerage into as Low a Condition as the Gentry their Priviledges being to speak the truth too little already to support and maintain their Dignity and Honour but of this I need say no more The Bill for Uniting his Majesties Protestant Subjects to the Church of England was read the first time and ordered to be read again the Munday following after Ten of the Clock in a full House Another Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the penalties of the Laws against Popish Recusants was read the first time and ordered to be read at the same time with the former again Friday Decemb. 17th Captain Castle petitioning to be discharged was Censured on his Knees at the Bar of the House and dismissed paying his Fees A Petition of one Richard Haines desiring Leave that a Bill should be brought in for restraining Vngrants and promoting the Woollen Manufactures was read and committed to a Committee to prepare the said Bill Leave also was given to bring in a Bill for the more easy Collecting of the Hearth-Money The Additional ACT for Burying in Woollen was read and passed and sent up by Sir George Downing to the Lords for their Concurrence A Bill for Continuance of two Acts The one Entituled An Act for preventing the planting of Tobacco in England and Regulating the Plantation Trade The Other An Act for Exporting Beer Ale and Mum was read a second time and committed Then the House agreed the Articles of Impeachment against Edward Seymour Esq a Member of their House and Ordered him to be taken into Custody of the Serjeant till he should give Sufficient Security to their House to answer the said Impeachment and the Serjeant at Arms was Ordered to take the said Security The Bill for restraining Papists from coming or residing within the Cities of London or Westminster c. was read the second time and committed Then the House resolved into a Committee of the whole House and passed these three Resolves 1. That a Bill be brought in for the more effectual Securing of the Meeting and Sitting of Frequent Parliaments as one means to prevent Arbitrary Power 2. That a Bill be brought in that the Judges hereafter to be made and Appointed may hold their Places and Salaries quam diu se bene gesserint and also to prevent the Arbitrary Proceedings of the Judges 3. That a Bill be brought in against Illegal Exaction of Money upon the People and to make it High Treason And a Committee was appointed to bring in a Bill or Bills pursuant to the said Resolves It may appear from hence great care was taken to put the Monarchy out of a possibility of Arbitrary Power but what then is it impossible that there should be any Such Thing as Arbitrary power Exercised by any but a Monarch Is not a Common-Wealth or a House of Commons as capable of Arbitrary power as a King Were the Proceedings of the Long Rebel-Parliament Arbitrary or No Were not Some of the Actions of this very House of Commons Arbitrary I dare Say those that suffered by them thought them so and the rest will be of the same mind if ever it comes to be their Turns to be so treated which they are not sure but at one time or other may happen At least I am sure the pulling down the Monarchy did Once before bring in Arbitrary power with a Vengeance and those that had clamoured against it as they do now when there was no cause for it durst not mutter a Sillable when there was and if they did really believe there were any danger of it Now we should hear much less than we do of it On Saturday the 18th of December The Bill for taking away the Court holden before the President and Council in the Marches of Wales was read the third time and passed and sent up to the Lords The rest of this day was spent in returning an Answer to his Majesties Speech On Munday following a Bill to prohibit the Importation of Foreign Guns was read the first time and Ordered a second reading And Mr. Aulnutt and Mr. Herbert were Ordered to be discharged being first Censured on their Knees and paying their Fees And that Sir John Lloyd Mayor and William Jackson and William Clutterbuck late Sheriffs of Bristol be sent for into Custody On Tuesday the 21 of December The Bill for Vniting his Majesties Protestant Subjects to the Church of England was read the second time and committed upon the Debate of the House And it was Ordered That Leave be given to bring in a Bill or Bills for Inspecting and Correcting Pluralities and Non-Residences relating to Ecclesiastical Benefices The same day they delivered their Answer to his Majesties late Speech on Wednesday the 15th of December which I will here insert according to my promise My Lords and Gentlemen AT the Opening of this Parliament I did acquaint you with the Alliances I had made with Spain and Holland as the best Measures that could be taken for the Safety of England and the Repose of Christendom But I told you withall That if Our Friendship became Unsafe to trust to it would not be wondred at if Our Neighbours should begin to take new Resolutions and perhaps such as might be fatal to Us. I must tell you That Our Allies cannot but see how little hath been done since this Meeting to Encourage their Dependance upon Us and I find by them That Unless We can be So United at home as to make Our Alliance valuable to them it will not be possible to Hinder them from Seeking some other Refuge and making Such New Friendships as will not be Consistent with Our Safety Consider that a Neglect of this Opportunity is Never to be repaired I did likewise lay the Matter plainly before You touching the Estate and Condition of Tangier I must Now tell you again That if that Place be thought worth the Keeping you must take such Consideration of it that it may be speedily Supply'd it being impossible for Me to Preserve it at an Expence so far above My Power I did
of Parliaments I know the Legislative is very great and it ought to be so But yet I am of opinion That Parliaments cannot dis-inherit the Heir of the Crown and that if such an ACT should pass it would be invalid in it self And therefore I hope it will not seem strange that I should offer my Judgment against this Bill while it is in Debate in which I think I do that which is my Duty as a Member of this House Henry the Fourth of France was a Protestant his People most Papists who used some endeavours to prevent his coming to the Crown but when they found they were not likely to perfect their design without occasioning a Civil War they desisted concluding that a Civil War would probably bring on them more misery than a King of a different Religion and therefore Submitted Sir I hope we shall not permit our Passions to Guide us instead of Reason c. Thus far that Great Person To these Reasons if we please to add this other That it is so far from preventing our Calamities that it will Ascertain them at his Majesties Death with the Addition of a Civil War and in all likelyhood bring that upon us before that time for so soon as ever the Bill pass the Duke will have a Right to make a War upon England even in his Majesty's Life-time and what may be the event of that God onely Knows However to prevent Surprize there must be A Standing Army or an Association Kept up as long as the Duke Lives and what the Consequences of them are may be foreseen without difficulty the first Ruining the Liberties of the People and the Second Endangering the Prerogatives of the Crown and both of them in the divided Condition England now is in point of Religion tending to raise such Fears and Jealousies as will be almost as Uneasie and as Unsafe as a Popish Successor and all this brought upon us immediately whereas the other is future and Contingent On Thursday the 23 d. of December The Commons Ordered That the Thanks of the House should be given to Dr. Burnett for his Sermon Preached the day before and likewise for his Book relating to the History of the Reformation of the Church of England and that he be desired to Print his said Sermon And on Thursday the 5th of January following they Voted that he should be desired to proceed with and Compleat that good Work by him begun in Writing the History of the Reformation of the Church of England They Ordered That Leave should be given to bring in a Bill or Bills to Correct and Punish Atheisme Blasphemy Swearing and Debauchery and for the better Observation of the Lords Day These and several other Crimes have grown and prevailed upon this Nation for want of a Church Discipline and by reason of the Divisions amongst us in Points of Religion and till these things be taken care of all Laws against them will signifie Nothing Yet it might deliver the Government from the guilt of them and therefore it is heartily to be wished that Care may be taken to perfect this good Design and when further Care is taken of the Lords Day some care would be taken of the other Feasts and Fasts by Law Established in the Church of England This day also the Lords returned the Additional Act for Burying in Woollen passed without Amendment And by another Message Certified to the Commons That at their Rising they would Adjourn to the Next Munday Seven-night after And by another Message they sent down Mr. Seymour's Answer to the Articles of Impeachment against him The same day the Commons also passed a Vote of an Extraordinary Nature which was as followeth Resolved That it is the Opinion of this House That Mr. Joseph Brown ought to be restored to all the Offices and Places which were taken from him by occasion of a Judgment given against him in the Court of Kings-Bench in Trinity Term 29 Caroli Secundi upon an Information for publishing an Vnlicensed Book called The Long Parliament Dissolved These Sorts of Writers were Now to be encouraged what might be but what Benefit Brown had by this Vote I never heard But the Next day being the 24th of December they took occasion to Chastise one Richard Thompson Clerk very Severely for he having been Complained of by some of the Dissenters who were Now the White Boys and the Sober Loyal Protestants and it having been remitted to a Committee to enquire into his Misdemeanors the House upon the return of the Committee passed these Votes Reselved N. C. That Richard Thompson Clerk has publickly defamed His Sacred Majesty Preached Sedition Vilified the Reformation Promoted Popery by Asserting Popish Principles Decrying the Popish Plot and turning the same upon the Protestants and endeavoured to Subvert the Liberty and Property of the Subject and the Rights and Priviledges of the Parliament and that he is a Scandal and Reproach to his Function Resolved That he be Impeached and a Committee appointed to prepare the said Impeachment and that the Report and the Resolution of the House thereupon be forthwith Printed This Thompson was accused for several Expressions both in Preaching and Discourse But they mostly fixed upon a Sermon Preached the 30th of January 1679. See the Printed Papers wherein he said it seems the Presbyterians were such persons as the Devil Blusht at Accused Hamden for chocsing to Rebel rather than pay the Ship-Money which he said was the King's Right by Law Accused Mr. Calvin to have been the first that Preached the King-Killing Doctrine And from thence inferred That a Presbyterian qua talis is as great a Traytor as any Priest or Jesuit But one Witness saith he said Worse And that he had also frequently cast Evil Aspersions against Several Divines at Bristol of Great Note viz. Mr. Chetwind Mr. Standfast Mr. Crossman and Mr. Palmer and others saying That such as went to their Lectures were the Brats of the Devil 2. That he had spoken in Sermons and elsewhere several hard Things against the Petitions for the Sitting of the Parliament as That it was the Seed of Rebellion and like to 41. c. 3. That he had said There was great Noise of a Popish Plot but there was Nothing in it but a Presbyterian Plot c. 4. He was Accused to have approved of the Doctrine of the Church of Rome in the Points of Justification Auricular Confession Penance Extream Vnction and Crisme in Baptisme and the Single Life of the Clergy saying That if he were as well Satisfied of other things as he was of these he would not have been so long Separated from the Catholick Church 5. He had spoken as they said some ill things of Queen Elizabeth and Henry the 8th as Church-Robbers and against his Majesty too which tho I care not to repeat yet they are nothing in comparison to what the Dissenters have published in Print against his Majesty What Answer the Man would have made
for himself I know not for the Parliament never brought him to an hearing But upon inquiry I find notwithstanding all this Clamour the Man hath a great and good Report for his Piety Learning and Prudence but his Zeal for the Religion Established drew this Storm upon him from the Exasperated Dissenters who never stick thus to blast the Fame of Good Men when it serves their ill designs But to return from this Digression The Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of Certain Laws was read a second time and Committed upon a Debate of the House to the Committee to whom the Bill for Vniting of his Majesties Protestant Subjects was Committed upon a Debate of the House Then the Bill for Banishing the Papists out of the King's Dominions was read a second time and committed upon the Debate of the House Then the House adjourned till Thursday the 30th of December That day the House met and Ordered That the Committee appointed to prepare Evidence against the 4. Popish Lords in the Tower should look into the Evidence and Report their Opinions to the House in Order to the further Directions and Proceedings of the House against them Resolved That the several Writings Papers and Proceedings relating to such Members of the late Long Parliament as received Allowances out of the Moneys appointed for Secret Services be produced to this House Resolved N. C. That no Member of this House shall accept of any Office or Place of Profit from the Crown without Leave of the House or any Promise of any such Office or Place of Profit during such time as he shall continue a Member of the House and that the offenders herein shall be Expelled It seems they had discovered that some of their Zealous men were Selling themselves to the Court-Party for Preferment and prepared this Vote to keep the Party together Friday the 31th of December The Bill for prohibiting the importation of Forein Guns was read the second time and rejected Leave was also given to bring in a Bill for Regulating the abuses in making Casks Barrels and other Vessels And A Committee appointed to peruse the Laws relating to Weights and Measures and to report their Opinions in the same and to bring in a Bill or Bills for the better Regulating and Ascertaining the same Ordered also That Leave be given to bring in a Bill for a General Naturalization of Alien-Protestants and allowing them liberty to Exercise their Trades in all Corporations A Bill for Relief of the Subjects against Arbitrary Fines was read a second time and committed Then the House Adjourned till Munday the 3d. of January Which day An Act for limiting the times of Importation of Cattel from Scotland being read the third time passed and was sent up to the Lords Then A Bill for Repealing an Act made in the 13th Year of his Now Majesties Reign intituled An ACT for the Well-Governing and Regulating of Corporations was read the first time and Ordered to be read again A Bill for the better discovery of Settlements to Superstitious Vses was read the first time and Ordered a second reading the Friday following at Ten of the Clock in a full House The same day the Lords sent down a Bill to the Commons Intituled An Act for distinguishing Protestant Dissenters from Popish Recusants To which they desired the Concurrence of the House The Lords sent down another Message to put the Commons in mind of the Bill for the Better regulating of the Tryals of the Peers of England And Another Message to acquaint them That their Lordships had received a Petition from Mr. Seymour for a speedy Tryal Upon which the Commons read his Answer to their Impeachment which had lyen by them some time and ordered a Committee to prepare Evidence against him and Manage it at his Tryal On Tuesday the 4th of January His Majesty sent the Commons another Message which is as followeth CHARLES R. HIS Majesty received the Address of this House with all the disposition they could wish to comply with their reasonable desires but upon perusing it he is Sorry to See their Thoughts so wholly fixed upon the Bill of Exclusion as to determine that all other Remedies for the Suppressing of Popery will be ineffectual His Majesty is Confirmed in his Opinion against that Bill by the Judgment of the House of Lords who rejected it He therefore thinks there remains Nothing more for him to say in answer to the Address of this House but to recommend to them the Consideration of all other Means for the Preservation of the Protestant Religion in which they have no reason to doubt of his Concurrence when ever they shall be presented to him in a Parliamentary way and that they would Consider the present State of the Kingdom as well as the Condition of Christendom in Such a Manner as may inable him to Preserve Tangier and Secure his Alliances abroad and the Peace and Settlement at home This Message being read in the House they Resolved to take into Consideration the Friday following in a full House The same day the Lords sent down a Vote which they made that day Die Martis 4 January 1680. Resolved by the Lords Spiritual and Temporal in Parliament assembled That they do declare that they are fully Satisfied that there now is and for divers years last past there hath been a Horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for Massacring the English and Subverting the Protestant Religion and the ancient Established Government of that Kingdom To which their Lordships desired the Concurrence of the Commons On Wednesday the 5th of January Richard Thompson was Ordered upon his Petition to give sufficient Security for his forth-coming to the Serjeant at Arms attending that House to Answer to the Impeachment against him and so was discharged of his Imprisonment I can see No reason why he should be prosecuted by an Impeachment in Parliament It being beneath the Dignity of the Houses to Concern themselves with such a man as Mr. Thompson must needs be who might much better have been proceeded against in the Spiritual or Civil Courts if the Accusations were all True but that his Blaspheming Calvin and the Loyal Presbyterian Protestants would have signified Nothing there as I believe they would not before the Lords if he had been Tryed Formerly the Commons impeached none but such as were too great to be prosecuted any where else and that but rarely and upon great Necessity This made them Venerable and Dreadful but this Course for Small or No faults to impeach and imprison great Numbers of Mean People which they followed in this Session tended to Nothing but the Wasting their time and Hindering greater Affairs to the damage of the King and Kingdome The same day the Commons agreed an Impeachment against Sir William Scroggs Knight Chief Justice of the Court of Kings-Bench
by being troublesom to the Government find they can Arrive to an Indulgence will as their Numbers increase be yet more troublesome so at length they may arrive to a general Toleration which Your Majesty hath declared against and in time some prevalent Sect will at last Contend for an Establishment which for ought can be foreseen may end in Popery It is a thing altogether without Precedent and will take away all means of Convicting Recusants and be inconsistent with the Method and Proceedings of the Laws of England Lastly it is humbly Conceived That the Indulgence proposed will be so far from tending to the Peace of the Kingdom that it is rather likely to occasion great disturbance And on the Contrary That the Asserting of the Laws and the Religion Established according to the Act of Uniformity is the most probable Means to produce a Settled Peace and Obedience through the Kingdom because the Variety of Professions in Religion when Openly indulged doth directly distinguish men into Parties and withal gives them Opportunities to count their Numbers which considering the Animosities that out of a religious Pride will be kept on foot by the several Factions doth tend directly and inevitably to open disturbance Nor can Your Majesty have any Security that the Doctrine or Worship of the Several Factions which are all governed by a Several Rule shall be consistent with the Peace of the Kingdom And if any person shall presume to disturb the Peace of the Kingdome We do in all humility declare That we will for ever and upon all occasions be ready with our Vtmost Endeavours and Assistance to Adhere to and Serve Your Majesty according to our bounden Duty and Allegiance The Reason and Loyalty of this Address prevailed with his Majesty at that time to lay aside all his Thoughts of an Indulgence and well had it been for him and us if he had never reassumed them for from his forsaking this Advice in the Year 1671. Sprung all those Miseries that now so much threaten him and us But tho his Majesty Changed the Parliament kept their grounds for in an Address dated the 14th of Feb. 1672. they assert against His Majesties Declaration of Indulgence dated the 15th of March before That Penal Statutes in Matters Ecclesiastical cannot be suspended but by Act of Parliament We therefore say they the Knights Citizens and Burgesses of the House of Commons do most humbly beseech Your Majesty That the said Lawes may have their Free Course until it shall be otherwise provided by Act of Parliament and that Your Majesty would Graciously be pleased to give such Directions herein that no Apprehensions or Jea ousies may remain in the Hearts of Your Majesties good and faithful Subjects The King not being Satisfied with this but still insisting that he had a Right by his Supremacy to Suspend the Execution of Penal Laws in Ecclesiastical Affairs They replyed the 26th of Feb. following That no such Power was ever Claimed or Exercised by any of his Majesties Predecessors and if it should be admitted might tend to the Interrupting of the Free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and the Two Houses of Parliament Therefore they did with an Vnanimous Consent become again Humble Suitors unto his Sacred Majesty That he would be pleased to give them a full and Satisfactory Answer to their first Petition and Address and that his Majesty would take such effectual Order That the Proceedings in this Matter might not be for the future drawn into Example To which said last Address his Majesty was pleased to Condescend so far as to Order his Declaration of Indulgence to be taken off the File and Cancell'd Now the use I make of all is to shew first That the Opinion of an Excellent Wise House of Commons was That an Indulgence Toleration or Vnion as they now call it was of a Mischievous Nature and would finally end in Confusion and Popery Secondly That if it should be thought necessary to grant one it being a Legislative Act it must be by the Joynt Consent of the King and the Two Houses and not by any one of them And therefore I will Leave it to the Consideration of the Gentlemen of that House to Judge Whether they did well in passing the Vote of the 10th of January aforesaid for the Suspension of all Penal Laws which relate to the Protestant Dissenters Some pretending to Excuse them have said it was a Vote only in order to a Bill to be brought in for the taking those Laws away But I answer There were several other Bills for that purpose depending and therefore this was in vain Secondly There is no mention of a Bill to be brought in in the Conclusion of the Vote Thirdly They knew they were to be Prorogued as appears by their first Vote and therefore Such a Design would have been impossible Now if they had carried those few Points in this Session First not onely to Deny the King any Supply but to make it Criminal for any man to Lend him any Money upon his Revenues they might then in another Session have gone further and have made it Punishable for any man to have paid him his Just Settled Legal Dues and that would have made them able to have Forced this King or his Successors to what ever they had pleased Secondly If they might have gone on to imprison his Majesty's Subjects in an Illegal and Arbitrary way for Matters that had no relation to Priviledges of Parliament they might afterwards have Extended this to as many Persons and Things as they had pleased and so No man would have dared to have stood by His Majesty against a House of Commons tho they had attempted to Depose his Majesty Nor would his Majesty in a short time have been able to have Protected his Subjects against any injury that they or any of them had been pleased to have done them which would infallibly have Subverted the Monarchy and have introduced a Common-Wealth Thirdly If they had got that great Branch of the Legislative Power into their hands of suspending the Execution of Laws by their Vote they might have driven it as far as they pleased and so have once more Outed the King and the House of Lords as a former Parliament did by the Same Means I will conclude this with the Judgment of a Great and a Learned Man Clarendon's Answer to Hobbs p. 127 128. No Orders made by A House of Commons in England are of any Validity or Force or receive any Submission longer then that House of Commons Continues and if Any Order made by them be against any Law or Statute it is Void when it is Made and receives no Obedience His Majesty then had both Law and Reason on his Side when he ended his Speech to the Next Parliament at Oxford with these Words I WILL Conclude with this one Advice to you That the Rules