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
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
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
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
Address should be made to his Majesty by such Members of their House as were of his Majesties Privy Counsel to desire his Majesty to Command the Lord Chancellor to put him out of the Commission of the Peace Because it seems his Imprisonment was not punishment enough for so great an offence as this Exact Coll. of the most considerable debates c. p. 337. And the Writing several other books to revive the memory of 1641. as one of the Members expressed it in the following Parliament when it seems they meant to have another fling at him for though his Majesty can pardon and forgive there are that cannot But I believe they have got no great matter by this Nor was the Doctor turn'd out of the Commission for all their Address his Majesty knowing this would not suit his Interest On Saturday the Lords sent down a Bill entituled May 3. An Act for freeing the City of London and parts adjacent from Popish Inhabitants and providing against other dangers which may arise from Papists And in the Afternoon May 5. an Account that the Earl of Danby would insist upon his Pardon and that he desired his Council might be heard to the Validity of it On Monday His Majesty sent this message to the Commons by the Lord Russell His Majesty hath commanded me to let the House know that his Majesty is willing to comply with the request made to him by the House concerning Pickering and that the Law shall pass upon him accordingly and as to the Condemned Priests the House of Peers have sent for them in order as his Majesty conceives to some Examinations and further to acquaint you that he repeateth his instances to you to think of putting the Fleet in such a posture as may quiet mens fears and at least secure us from any sudden attempt which his Majesty doubts not but you will do And though the streights and difficulties he lyeth under are very great he doth not intend during this Sessions to press for any other Supply being willing rather to suffer the Burdens that are upon him some time longer than to interrupt you whilst you are imployed about the discovery of the Plot the Tryal of the Lords and the Bill for securing our Religion The same day the Commons went up to the Bar of the Lords house to demand Judgment against the Earl of Danby upon the Illegality of his pardon May the 6. On Tuesday John Wilson and Roger Bockwith Esquires two Justices of the Peace of the County of York were sent for in Custody for saying that this Parliament was no Parliament and they would justify it Of which more hereafter May 22. A Message was sent to the Lords by the Commons that the House was ready to make good the Impeachments against the five Popish Lords in the Tower and the Committee of Secrecy belonging to the Commons was appointed to manage the evidence against them at their Tryals Wednesday The 7. of May the Lords sent down a Message that they had appointed Saturday to hear the Earl of Danby's Plea for the Validity of his Pardon that they had Addressed to the King for the naming a Lord High Steward at his Tryal and that of the Popish Lords which was appointed by their Lordships to be that day seven-night On Thursday The 8. of May. the Commons agreed an Address to his Majesty against John Duke of Lauderdale upon general pretences of fears and jealousies desiring he might be removed from his Majesties Counsels in England and Scotland putting his Majesty in mind of the Address of the last Parliament to that purpose and resolved they would attend his Majesty in a body The Commons desired a Conference with the Lords to state before hand the manner of proceedings in the Tryal of the Earl of Danby and of the five Popish Lords and took exceptions to their motion for a Lord High Steward On Friday his Majesty sent for the Commons and passed the Bill for Disbanding the Army and such other Bills as were ready which was wisely done for by this surprize other debates were prevented which might have prov'd of dangerous consequence After this they appointed a Committee to inspect the Journalls and search Presidents touching the carrying up of Bills and what previous intimation ought to be given to them of his Majesties intention to pass Bills and from and by whom such notice hath usually been given and whether the House may debate after the message delivered by the Black Rod for attendance of the House upon his Majesty It would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded By all which as much as is possible to conjecture it would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded to the great damage of the King and Kingdom notwithstanding the common clamour against them if his Majesty had not thus prevented it The same day the Commons passed this Vote that no Commoner whatsoever should presume to maintain the Validity of the pardon pleaded by the E. of Danby without the leave of their house first had and that the persons so doing should be accounted betrayers of the Liberties of the Commons of England and Ordered this Vote to be posted up at Westminster-hall Gate Serjeants-Innes and Innes of Court His Lordships Friends called this a depriving him of all counsel to defend himself but what was appointed by his Enemies and Accusers in a matter of Law insisting upon the Rules of proceedings in all other Courts and the ordinary methods of Common and Natural equity and right it seeming hard to ruine a man if not some diffidence of the case to deny him those Priviledges the meanest and worst of Rogues have which is to choose such Councel as the Court before whom they are to be tryed will allow the Kings Councel excepted And when the humour was stirr'd they voted that the Answer delivered by the Lords that day at the Last Conference about the manner of trying the Peers whereby their Lordships had not consented to a Committee of the Houses because they did not think it Conformable to the Rules and Orders of their Court of which they said they had reason to be tender in matters relating to their Judicature tended to the Interruption of the good correspondency between the two Houses May 10. The first thing the Commons did on Saturday morning was the Reading of an Address to the King for the raising of the Militia of London Westminster the Tower Hamlets and Counties of Middlesex and Surrey for the security of his Majesties Person at the Tryal of the Popish Lords by reason of the Great Resort of the Jesuits Popish Priests and other Popish Recusants at that time in contempt of his Majesties Laws and Royal Proclamation to which they desired the Concurrence of the Lords to which they unanimously agreed The E. of
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
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
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