print in the year 1583. as is attested by Hospinian That all Jesuits in the world had entred into an holy Vow and Covenant any way to destroy all Heretical Kings nor did they despair of doing it effectually so long as any one Jesuit should remain in the World And Father Creswel a bird of the same feather in his Philopater lays down this sweet Lesson Ita informandos quoscunque Catholicos ut oblatâ caedis occasione nullo impedimento se dimoveri patiantur That all Catholicks are to be taught and instructed that when they have an opportunity to kill Hereticks Kings or others 't is no matter they should not spare them nor suffer any impediment to hinder them from the slaughter SECT 2. This is their Doctrine now let us see their Practices here in England ever since the Reformation The Raign of our good King Edward the Sixth was but short whether not shortned by Popish Arts is deservedly questioned and he himself a minor yet during his time there were Rebellions and Commotions in Somersetshire and Lincolnshire for which many were Executed then in Cornwal and Devonshire where above 4000 were slain and taken Prisoners by John Lord Russel Lord Privy-Seal then they Rebelled in Norfolk and Suffolk against whom the Earl of Warwick advanced with an Army and slew above 5000. About the same time there was a great Rising in the North and East-Ridings of Yorkshire but suppressed by the Lord President All these Insurrections were owned to be on the behalf of their Râ—â—â—gion and fomented and abetted by Popish Priests of whom divers were taken amongst the Rebels and deservedly punished SECT 3. To set forth all the Popish Plots Designs and Conspiracies against the Life and Crown of Queen Elizabeth of glorious memory it would be necessary to Transcribe a great part of the History of her Illustrious Reign and therefore we shall take notice 〈◊〉 of some of the most remarkable occurrences of that kind and the true Principles upon and by which they were promoted 1. As to the Original of Recusancy and occasions which rendred the Law against Papists absolutely necessary it must be remembred that from the First to the Eleventh year of the Reign of that Queen Papists generally repaired to our Churches see the proceedings against the Powder-Traitors p. 109. I my self saith Sir Edward Coke have seen Cornwallis Beddingfield and others notorious and zealous Papists at Church making no doubt of Conscience to joyn with us in Prayer But about the year 1569 Pope Pius the Fifth was no sooner seated in the Pontificial Chair but he began practice to justle her out of her Royal Throne to this purpose he employed one Bidolph a Florentine to raise a Faction here and afterwards sent over Doctor Nicholas Morton to promote it engaged the Spaniard to assist the Conspirators and Chapinus Vitellius came privately over on other pretences to observe the success and head the Spanish Troops when they should arrive Pursuant to these Counsels the Earls of Northumberland and Westmoreland with 4000 Foot and 600 Horse appear in open Rebellion and declare for the Restitution of the Roman Religion but were soon put to slight and Sanders de Schismate Angl. tells us the reason viz. For that the rest of the Catholicks because the Pope had not yet publickly denounced sentence of Excommunication against the Queen so as they did not seem fairly absolved from her Obedience declined to joyn with them by which means they were easily chased by the Queens Forces into Scotland where afterward Northumberland being taken was brought back to York and there faith he happily ended his days by a glorious Martyrdome So usual a thing it is with these Popish Doctors first to excite people to the blackest Treasons and then guild over the deserv'd punishments which they suffer for the same with that specious Title His crafty Holiness was not insensible of the reason of this miscarriage and therefore to prevent the like failure and the better to encourage all his Catholick Vassals to joyn in such pious Rebellion against the Queen he early the next Spring sends forth his Roaring Bull or Sentence of Anathema wherein he first magnifies his own Office and Authority in these Rhodomontado's He that Reigneth on high to whom is given all power in Heaven and Earth hath committed the One Holy Catholick and Apostolick Church out of which there is no Salvation to One alone on Earth viz. to the Prince of the Apostles Peter and to Peters Successour the Bishop of Rome to be governed in plenitude of power c. Sanders 3. de Schism Angl. p. 368. Then having railed a while most Apostolically and called that incomparable Princess Flagitiorum serva the slave of wickedness and villanies he proceeds to Curse her in these words Therefore supported with his Authority who was pleased to place us though unable for so great a burthen in this Supreme Throne of Justice out of the plenitude of Our Apostolick power We do declare the aforesaid Elizabeth being an Heretick and favourer of Hereticks and all her Adherents to have incurred the Sentence of Anathema and to be cut off from the unity of Christs Body and by the Authority of these Presents We do deprive the said Elizabeth of her pretended Right to the Kingdom and of all Dominion Dignity and Priviledge whatsoever And We do Absolve all the Nobles Subjects and People of the said Kingdoms and all others who have in any sort sworn unto her from such Oath or Oaths and all manner of Duty Fidelity and Obedience and do forbid and command them and every of them that they presume not to obey her 〈◊〉 her Commands and Laws those that shall do otherwise to be lyable to the some Curse Id. Ibid. This Bull towards the end of May 1570. was brought over and fixed on the Gates of the Bishop of Londons Palace by one John Felton and Copies of the same sent to the aforesaid Bidolph to be dispersed throughout England Then and not till then it was that those inclinable to the Romish Superstitions did presently refrain our Churches would no longer hear the established Divine Service nor have any more Society with us in Prayer so that Reeusancy so called from their refusing to come to Church which as the word was scarce known till this time so was it not specially or particularly punished by any Law till afterwards in the Twenty third year of the Queen was not in them at first nor can be now for Religion but for acknowledging of and stickling for the Popes usurping power They absent themselves from our Churches not because there is any thing there transacted in it self unlawful or prohibited by the Word of God for then they ought always to have kept away but because the Pope in opposition to the Law of God enjoyning both Obedience to our Governours and Charity and Brotherly Communion amongst each other has forbidden them so to do and this unrighteous siding with the Pope against
precipitate to Ruine as aforesaid consult and use all Arts to exclude him from the Succession To this purpose Father Parsons Cardinall Allen and others contrive a mischievous Book under the counterfeit Name of Doleman wherein divers Titles are started and 't is laid down as a Fundamental Maxime That none but a Roman Catholick how near soever in Blood ought to be admitted King and therefore therein by forged devices the Title of the Infanta Isabella of Spain is preferred before the indubitable Right of the said King James and all the English in the Spanish Seminaries were compell'd to Swear to maintain the same And Tho. Winter and Tesmond a Jesuit were sent over Anno 1601. into Spain to manage this Design in that Court by the Assistance of Father Croswel Legier-Jesuit there 2. In Farther pursuance of this Pope Clement the Eighth sent privately over to Father Garnet the then Proâ—incial of the Jesuits two Bulls one to the â—aiety directed to the Nobles and Gentlemen of England that were Catholicks the other to his Beloved Sons the Arch-Priest and the rest of the English Catholick Clergyâ— the effect of both was That whoever after the death of Queen Elizabeth whether by course of nature or otherwise should claim the Crown of England though never so directly and nearly interessed therein by Descent and Blood-Royal yet unless he were such an one as would not onely Tolerate the Catholick meaning Romish Religion but would likewise take an Oath to promote it with all 〈◊〉 might and endeavours they should not admit or receive him for their King but oppose his Entry and Claim with all their power Which in plain English was meerly designed and directly tended to obstruct King James though not particularly named and Exclude him and his Family from the Crown And was not this a sufficient tast of the Popes good-will a notable earnest of the Papists Loyalty to him 'T is true when the Conspirators saw him so unanimously Proclaimed the State setled and a Peace with Spain so far advanced that that generous Monarch began to refuse them the expected Assistances then and not till then Garnet as himself alleadged burnt the said Bulls and quitted the Project but why onely because they despaired of effecting it 3. The more to prepossess the minds of the English against the said King James that they might keep him out or at least that themselves might have some colour for their future intended Conspiracies if he should come in Watson a Priest having some time heretofore got access once or twice to His Majesty at Edenburgh did with the Arch-Traitor Piercy and others of the Popish Crew most falsely devise and divulge a scandalous Report as if His Majesty had promised that whenever he should come to the Crown of England He would Establish or at least Tolerate the Popish Religion Than which nothing was ever more remote from or contrary to his Royal Thoughts And Watson himself but two days before his death confessed it to be a Lie of their own forging spread abroad meerly that they might kill two Birds with one stone viz. bring an odium upon him from the Protestants for making such a promise and the like from the Papists on pretence of breaking it In which latter respect it took effect though not in the former for Sir Everard Digby at his death and other Gun-powder Traitors made use thereof alleadging that they were exasperated to that horrid Attempt because the King had not kept his promise with Catholicks SECT 2. These were the good Officer of the Pope these the dutiful respects of the Priests and Papists paid to King James before he was actually Estated in the English Throne Whence we may judge how little welcome they were like to afford him at his Entry and of this the worthy Authour of a Treatise published in the beginning of King James's Reign before the Gun-powder-Treason Intituled A Consideration of the Papists Supplication gives us a notable instance from his own Experience and Observation in these words p. 3. My self can testifie that here in Oxford at what time His Majesty was proclaimed King of England c. a man might easily have traced and culled out every Papist within this City by his extraordinary howling and sobbing for grief that their hopes were frustrated and their expectation all in vain some of the simpler sort crying out in express terms Alas alas How shall the poor Catholicks do now we are all undone we are undone whereas all the rest of His Majesties Liege and Loyal Subjects by manifold Tokens declared their extraordinary rejoycing Their demeanor afterwards was suitable to these beginnings for soon after his arrival at London the said Watson and Clark two Secular Italianated Priests wheadled in several of the Nobility and Gentry as the Lords Cobbam and Gray Sir Walter Rawleigh Sir Griffin Markham George Brooke and others into a dangerous Conspiracy to have surprized the Kings Person and his Son Prince Henry and to keep them Prisoners in the Tower or Dover Castle till by Duress they had obtained their ends viz. A Toleration of Religion and some other Projects and then having obtained their Pardons they were to share amongst them the grand Offices of the Realm just as their Successors Whitebread Coleman c. had lately designed viz. Watson was to be Lord Chancelour the Lord Gray Earl Marshal of England George Brooke Lord Treasurer Sir Griffin Markham Secretary of State c. But though several were found guilty onely Watson Clark and Brooke were then Executed and Sir Walter Rawleigh on the same Conviction many years after 'T is observable that Watson though a Secular Priest had yet learned the art of Equivocation as well as the Jesuits For he insisted that this Conspiracy was no Treason against the King and being at last put to explain himself gave this doughty reason That a King was no King before he was Anointed and the Crown solemnly set on his head and King James being not yet crowned therefore they might lawfully conspire against him without commitring any Treason Amongst other things which Watson Confessed one was that he had endeavoured to draw in several of the Society of Jesuits into this Plot but they declined it saying They had another of their own then on foot and that they would not mingle Designs with him for fear of hindring one the other Vide Watsons Confession What such their Design was though he could not yet time in few years after did discover for in the next place appears that horrid never-to-be-forgotten Popish Powder-plot a Treason that as it exceeded all that had ever been before in the World so it was believed it would have surpassed in its mischievous Design Extent and Cruelty all that teeming Hell and Rome could have bred at any time afterwards had not this last Internal Conspiracy of the same Bloâ—â—y Tribe against our present Gratious King Charles the Second and the Establisht Religion and Government of England vut-gone it in
Coach and Horses in the same Street both Irish men were Engaged in the same Design that Father Gifford promised this Examinate One Hundred Pounds for to carry on the Work and told him He was to have the money from the Church That the said Gifford Clinton Flower and He did use to meet in St. Jame's Feilds in the dark of the Evening and there to discourse of these matters and that the several Informations that he had given to the said Elizabeth Oxley he had from the said Father Gifford He further said That the said Flower and Clinton told him the said Stubbs That they would carry on the said Fire and that they had Fireballs for that purpose and that they would fire other Houses in Holborn at the same time He confessed he was at the Fire in the Temple but was not Engaged to do any thing in it That Gifford told him that there were English French and Irish Roman Catholicks enow in London to make a very good Army and that the French King was coming with 60 Thousand men under a pretence of a Progress to shew the Dauphin his Dominions but it was to plant them along the Coasts at Diep Bulloign Calais and Dunkirk to be presently ready to be Landed in England when there was an opportunity which he doubted not but might be by the middle of June for by that time all the Roman Catholicks here would be ready who were all to rise and with the Assistance of the French Forces to cut off and utterly destroy the Hereticks that then the Papists were to be distinguish't by marks in their Hats and that the said Father Gifford doubted not but he should be an Abbot or a Bishop when the work was over for the good Service he had done who frequently told this Examinate and the said Flower and Clinton That it was no more Sin to Kill an Heretick than to knock a Dog o' th head and that they did God good Service in doing what mischeif they could by Firing their Houses That it was well Sir Edmundbury Godfrey was Murther'd for he was their devilish Enemy That Coleman was a Saint in Heaven for what he had done c. That the Examinate was fearful he should be Murther'd for this Confession the said Father Gifford having sworn him to Secrecy and told him he should be damn'd if he made any discovery and should be sure to be Kill'd but gave him leave to take the Oaths of Supremacy and Allegiance because he was an House-keeper and it was necessary that he should stay in Town to help to promote the work of Burning therefore the taking of such Oaths to him should be no sin April the 15th That worthy Patriot Sir Thomas Player giving the House of Commons information concerning this matter of Oxley and Stubbs the Examinations were transmitted to the Lords and the Lords sent them to the secret Committee to make a further inspection and progress therein but they had their hands so full of Business that it was thought fit to appoint a Special Committee for this very purpose before whom the Parties were again Examined and gave them such satisfaction that the House became Suitors to his Majesty that they might both have his gracious Pardon which was granted and a Proclamation but not till the 4th of May set forth Reciting That whereas due Information hath been given that Morrice Gifford a Popish Priest Roger Clinton Derby Molraine alias Flower and several other Persons of the Romish Religion have out of their detestable and barbarous Malice conspired and agreed together to set on Fire the City of London the Suburbs thereof and the places thereunto Adjacent and have in prosecution of such their devilish and wicked Design procured divers Mansion Houses within the said City Suburbs and parts adjacent at sundry times and in divers places to be set on Fire and Burnt The King 's most Excellent Majesty at the humble desire of the Commons in Parliament Assembled doth Command the said Gifford Clinton and Flower who are fled from Justice to render themselves by the 10th of May instant and is pleased to promise 50 l. Reward to any that should apprehend any of them or if any of themselves should come in and discover his Accomplices so as any of them may be taken and Convicted he shall not only have his Pardon but the 50 l. also for each Incendiary As this ingenious Confession of Oxley and Stubbs was a grand Confirmation and undeniable proof of the restless Malice of these bloody Priests so 't is a notable Corroboration of the Truth and sincerity of Mr. Bedloes Evidence for how was it possible if what he says were not certain Truth but only contrived Stories as Papists calumniat How is it probable I say That Stubbs should happen so exactly to accuse the very same man which Mr. Bedloe had done for the Instigator to these barbarous Attempts of Firing for at that time Mr. Bedloe though he had given in such his Informations to the Committee of Secrecy yet had not published the same abroad so that Stubbs could not then have any notice thereof On the 20th of April happen'd an extraordinary Change at Court no less unexpected than grateful to the people who by such alteration of Ministers did hope to find considerable improvements in the management of the publick Affairs for his Majesty having caused his Privy Council to be extraordinarily summon'd was pleas'd by the Lord Chancellor to dissolve them and to declare his Pleasure That for the future their constant Number should be limited to that of Thirty whereof Fifteen to be of his chief Officers who shall be Privy Councellors by their Places Ten others of the Nobility and Five Commons of the Realm whose known Abilities Interest and Esteem in the Nation shall render them without all suspicion of either mistaking or betraying the true Interest of the Kingdom These Fifteen Officers to which the Quality of a Privy Councellor was hereby annext are The Arch-Bishop of Canterbury The Bishop of London The Lord Chancellor One of the Lord Cheif Justices The Admiral The Master of the Ordnance The Treasurer and Chancellor or First Comissioner of the Exchequer The Lord Privy-Seal The Master of the Horse The Lord Steward The Lord Chamberlain of the Houshold The Groom of the Stole Two Secretaries of State And that there shall be a President of the Council when necessary and room for the Secretary of Scotland when any such shall be here The Names of the New Privy Council then Establisht were as follows His Highness Prince Rupert William Lord Arch Bishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of New-Castle John Duke of Lauderdaile Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess
of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesties principal Secretaries of State lately made in the room of Sir Joseph Williamson Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Faulconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesties principle Secretaries of State Sir Francis North Kt. Lord Cheif Justice of the Common-Pleas Sir Henry Capel Kt. of the Bath first Commissioner of the Admiralty Sir John Earnley Kt. Chancellor of the Exchequer Sir Thomas Chicheley Kt. Master of the Ordnance Sir William Temple Baronet Edward Seymour Esq Henry Powle Esq The 30th of April His Majesty made a Speech to both Houses of Parliament wherein he recommended three things to them The prosecution of the Plot The disbanding of the Army and the providing a Fleet which was followed by a larger signification of his Majesties mind by the Lord Chancellor That His Majesty had considered with himself That 't is not enough that his Peoples Religion and Liberty be secure during his own Reign but thinks he ows it to his People to do all that in him lies that these Blessings may be transmitted to Posterity And to the end that it may never be in the power of any Papist if the Crown descend upon him to make any change in Church or State his Majesty would consent to limit such Successor in these points 1. That no such Popish Successor shall present to Ecclesiastical Benefices 2. That during the Reign of such Popish Successor no Privy Councellors or Judges Lord Leiutenant or Deputy Leiutenant or Officer of the Navy shall be put in or removed but by Authority of Parliament 3. That as it is already provided That no Papist can sit in either House of Parliament so there shall never want a Parliament when the King shall happen to die but that the Parliament then in Being may continue Indissoluble for a competent time or the last Parliament Re-assemble c. But it seems all these Provisions were not thought a sufficient Fence for such dear and precious things as Religion and Liberty and that in the progress of their Debates upon this most important Subject they could not resolve upon any certain Expedient of safety less than the Exclusion of his Royal Higness For on Sunday April the 27th 1679. It was Resolved by the House of Commons Nemine Contradicente That the Duke of York being a Papist and the hopes of his coming such to the Crown hath given the greatest Encouragement and Countenance to the present Conspiracies and Designs of the Papists against the King and Protestant Religion And on Sunday May the 11th the better Day the better Deed we use to say but whether it will hold here will be the Question they Ordered That a Bill should be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm which was brought in accordingly and twice read in the House the preamble thereof being to this effect That forasmuch as these Kingdoms of England and Ireland by the wonderful Providence of God many Years since have been delivered from the Slavery and Superstition of Popery which had despoiled the King of his Sovereign Power for that it did and doth advance the Pope of Rome to a Power over Sovereign Princes and makes him Monarch of the Universe and doth with-draw the Subjects from their Allegiance by pretended Absolutions from all former Daths and Obligations to their lawful Sovereign and by many Superstitions and Immoralities hath quite subverted the Ends of the Christian Religion But notwithstanding That Popery hath been long since Condemned by the Laws and Statutes of this Realm for the detestable Doctrine and Traiterous Attempts of its Adherents against the Lives of their lawful Sovereigns Kings and Queens of these Realms Yet the Emissaries Priests and Agents for the Pope of Rome resorting into this Kingdom of England in great numbers contrary to the known Laws thereof have for several Years last past as well by their own Devilish Acts and Policies as by Counsel and Assistance of Foreign Princes and Prelates known Enemies to these Nations contrived and carried on a most Horrid and Execrable Conspiracy To destroy and Murther the Person of his Sacred Majesty and to Subvert the ancient Government of these Realms and to Extirpate the Protestant Religion and Massacre the true Professors thereof And for the better effecting their wicked Designs and encouraging their Uilainous Accomplices they have Traterously Seduced James Duke of York Presumptive Heir of these Crowns to the Communion of the Church of Rome and have induced him to Enter into several Negotiations with the Pope his Cardinals and Nuntio's for promoting the Romish Church and Interest and by his means and procurement have advanced the Power and Greatness of the French King to the manifest hazard of these Kingdoms That by the descent of these Crowns upon a Papist and by Foreign Alliances and Assistance they may be able to succeed in their Wicked and Uillainons Designs And forasmuch as the Parliaments of England according to the Laws and Statutes thereof have heretofore for great and weighty Reasons of State and for the publick Good and common Interest at this Kingdom directed and limited the Succession of the Crown in other manner than of Course it would otherwise have gone but never had such important and urgent Reasons as at this Time press and require their using of their said Extraordinary Power in that behalf Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this Parliament Assembled and by the Authority of the same And it is hereby Enacted accordingly That James Duke of York Albany and Ulster having departed openly from the Church of England and having publickly professed and owned the Popish Religion which hath notoriously given Birth and Life to the most Damnable and Hellish Plot by the most gracious Providence of God lately brought to light shall be Excluded and is hereby Excluded and Disabled c. On the 19th of May the House of Commons attended his Majesty with this following Address Most Dread Sovereign WEE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament Assembled do with all humble gratitude acknowledge the most gratious assurances your Majesty hath been pleased to give us of your constant Care to do every thing that may preserve the Protestant Religion of your firm resolution to defend the same to the utmost and your Royal endeavours that the security of that blessing may be transmitted to posterity And we do humbly represent to your Majesty That being deeply sensible that the
greatest hopes of Success against our Religion in the Enemies thereof the Papists are founded in the execrable Designs which they have laid against the Sacred Person and Life of your Majesty which it is not onely our Duty but our Interest with the greatest hazards to preserve and defend We have applyed our selves to the making such provision by Law as may defeat these Popish Adversaries their Abettors and Adherents of their hopes of gaining an advantage by any violent attempts against your Majesty and may utterly frustrate their expectation of Subverting the Protestant Religion thereby in time to come And further to obviate by the best means we can all wicked practices against your Majesty whilest any such Lawes are in preparation and bringing to perfection It is our resolution and we do Declare That in defence of your Majesties Person and the Protestant Religion we will stand by your Majesty with our Lives and Fortunes and shall be ready to Revenge upon the Papists any violence offered by them to your Sacred Majesty in which we have your Majesty will gratiously please to be the more assured as We our Selves are the more encouraged in that the Hearts of all your Majesties Protestant Subjects with the most sincere affection and zeal joyn with us herein But this Zeal of the House of Commons running to so high a pitch touching the Succession together with some unhappy misunderstandings arising between them and the House of Lords concerning the Tryal of the Popish Lords and Earl of Danby as shall be related in the next Chapter His Majesty to allay the same was pleased first to Prorogue and then to put a period to them by a Dissolution of that Parliament by a Proclamation dated at Windsor the 12th of July 1679. But therein graciously declaring that a New one should be called to begin and be holden on Tuesday the 7th which was afwards altered to Friday the 17th of October CHAP. XVII The Proceedings against the Popish Lords in the Tower WE have before related the Commitment of these Lords to the Tower for High Treason after which followed this Vote in the House of Commons in the old Parliament Decemb. 5th 1678. Resolved That the House do proceed by way of Impeachment of High Treason and other High Crimes and Misdemeanours against the Lord Arundel of Warder Lord Powis Lord Petre Lord Bellasis and Viscount Stafford and a Committee appointed to draw up Articles of Impeachment against them Which Vote was Communicated to the House of Lords and the several Lords Charged by several Members in these words The Commons in Parliament having received Information of divers Traiterous Practices and Designs of a great Peer of this House Henry Lord Arundel of Warder have Commanded me to Impeach the said Henry Lord Arundel of Warder of High Treason and other high Crimes and Misdemeanours They have further Commanded me to acquaint your Lordships that they will within a convenient time exhibit to your Lordships particular Articles of the Charge against him Thus standing Impeached they continued in the Tower all the Interval of Parliament and as soon as the next Parliament was settled to Business they forgot not their Lordships For March 20th 1678. it was Ordered That a Committee of Secrecy be appointed to take further Evidence and prepare Articles against the Lords in the Tower who stand Impeached of High Treason and take such further Informations as they shall receive touching the Plot in general and the Death of Sir Edmundbury Godfrey and that this Committee have power to send for Persons Papers and Records and that they sit de die in diem and the Quorum to be Three The Articles at last Exhibited were as follows Articles of Impeachment of High Treason and other high Crimes and Offences against William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis now Prisoners in the Tower THat for many Years now last past there hath been contrived and carried on a Traiterous and Execrable Conspiracy and Plot within this Kingdom of England and other places to alter change or subvert the Antient Government and Laws of this Kingdom and Nation and to suppress the true Religion therein established and to Extirpate and destroy the Professors thereof which said Plot and Conspiracy was contrived and carried on in divers places and by several ways and means and by a great number of Persons of several Qualities and Degrees who acted therein and intended to execute and accomplish the aforesaid Wicked and Traiterous Designs and Purposes That the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis together with Philip Howard commonly called Cardinal of Norfolk Thomas White aliàs Whitebread commonly called Provincial of the Jesuits in England Richard Strange late Provincial of the Jesuits in England Vincent commonly called Provincial of the Dominicans in England James Corker commonly called President of the Benedictines Sir John Warner aliàs Clare Baronet William Harcourt John Keines Nicholas Blundel Pole Edward Mico Thomas Beddingfield Bazil Langworth Charles Peters Richard Peters John Conyers Sir George Wakeman John Fenwick Dominick Kelly Fitz Gerald Evers Sir Thomas Preston William Lovel Jesuits Lord Beltamore John Carrel John Townely Richard Langhorn William Foggarty Thomas Penny Matthew Medbourn Edward Coleman William Ireland John Grove Thomas Pickering John Smith and divers others Jesuits Priests and Fryars and other persons as false Traitors to his Majesty and this Kingdom within the time aforesaid have Traiterously consulted contrived and acted to and for the accomplishing of the said wicked pernicious and Traiterous Designs and for that end did most wickedly and Traiterously agree conspire and resolve to Imprison Depose and Murther his Sacred Majesty and to deprive him of his Royal State Crown and Dignity and by malicious and advised speaking writing and otherwise declared such their Purposes and Intentions and also to subject this Kingdom and Nation to the Pope and his Tyrannical Government And to seize and share amongst themselves the Estates and Inheritances of his Majesties Protestant Subjects and to Erect and Restore Abbies Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom supprest for their Superstition and Idolatry and to deliver up and restore to them the Lands and Possessions now Invested in his Majesty and his Subjects by the Laws and Statutes of this Realm And also to Found and Erect new Monasteries and Convents and to remove and deprive all Protestant Bishops and other Ecclesiastical Persons from their Offices Benefices Preferments and by this means to destroy his Majesties Person extirpate the Protestant Religion overthrow the Rights Liberties and Properties of his Majesties good Subjects Subvert the Lawful Government of this Kingdom and subject the same to the Tyranny of the See of Rome That the said Conspirators and their Complices and Confederates Traiterously had and held several Meetings
Assemblies and Consultations wherein it was Contrived and Designed amongst them what means should be used and what Persons and Instruments should be employed to Murther his Majesty and did then and there resolve to effect it by Poisoning Shooting Stabing or some such like ways or means and offered Rewards and promises of Advantage to several Persons to Execute the same and hired and employed several Wicked Persons to go to Windsor and other places where his Majesty did reside to Murther and destroy his Majesty which said Persons or some of them accepted some Rewards and undertook the Perpetrating thereof and did actually go to the said places for that end and purpose That the said Conspirators the better to compass their Traiterous Designs have consulted to Raise and have procured and raised Men Money Horses Arms and Ammunition and also have made Application to and Treated and Corresponded with the Pope his Cardinals Nuncio's and Agents and with other Foraign Ministers and Persons to raise Tumults within this Kingdom and to Invade the same with Foraign Forces and to surprize seize and destroy his Majesties Navy Forts Magazines and places of Strength within this Kingdom Whereupon the Calamities of War Murthers of innocent Subjects Men Women and Children Burnings Rapines Devastations and other Dreadful Miseries and Mischiefs must inevitably have ensued to the Ruin and Destruction of this Nation That the said Conspirators have procured accepted and delivered out several Instruments Commissions and Powers made and granted by or under the Pope or other unlawful and usurping Authority to raise and dispose of Men Money Arms and other things necessary for their wicked and Traiterous Designs and namely a Commission to the said Henry Lord Arundel of Warder to be Lord High Chancellor of England and to the said William Earl of Powis to be Lord Treasurer of England another Commission to the said John Lord Bellasis to be General of the Army to be raised and the said William Lord Petre to be Lieutenant General of the said Army and a Power to the said William Viscount Stafford to be Paymaster of the Army That in order to encourage themselves in prosecuting their said wicked Plots Conspiracies and Treasons and to hide and hinder the discovery of the same and to secure themselves from Justice and Punishment the Conspirators aforesaid and Confederates have used many wicked and Diabolical Practices viz. They did cause their Priests to Administer to the said Conspirators an Oath of Secrecy together with their Sacrament and also did cause their said Priests upon Confession to give their Absolutions upon condition that they should conceal the said Conspiracy And when about the Month of September last Sir Edmundbury Godfrey a Justice of Peace had according to the Duty of his Oath and Office taken several Examinations and Informations concerning the said Conspiracy and Plot the said Conspirators or some of them by Advice Assistance Councel and Instigation of the rest did incite and procure divers Persons to lie in wait and persue the said Sir Edmundbury Godfrey several days with intent to Murther him which at last was perpetrated and effected by them for which said horrid Crimes and Offences Robert Green Henry Berry and Lawrence Hill have since been Attainted and Dominick Kelly and Gerald are fled for the same After which Murther and before the Body was found or the Murther known to any but Complices therein the said Persons falsely gave out That he was alive and privately Married and after the Body was found dispersed a false and malicious Report that he had Murthered himself Which said Murther was Committed with design to stifle and suppress the Evidence he had taken and had knowledg of and to discourage and deter Magistrates and others from acting in the further discovery of the said Plot and Conspiracy for which end also the said Sir Edmundbury Godfrey while he was alive was by them their Complices and Favourites threatned and discouraged in his Proceedings about the same And of their further Malice they have wickedly contrived by many false Suggestions to lay the imputation and guilt of the aforesaid horrid and detestable Crimes upon the Protestants that so thereby they might escape the Punishments they have justly deserved and expose Protestants to great Scandal and subject them to Persecution and Oppression in all Kingdoms and Countries where the Roman Religion is received and professed All which Treasons Crimes and Offences above mentioned were Contrived Committed Perpetrated Acted and done by the said William Earl of Powis William Lord Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis every of them and others the Conspirators aforesaid against our Soveraign Lord the King his Crown and Dignity and against the Laws and Statutes of this Kingdom Of all which Treasons Crimes and Offences the Knights Citizens and Burgesses in Parliament Assembled do in the name of themselves and of the Commons of England Impeach the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis and every of them And the said Commons by Protestation saving to themselves that liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis and every of them and also of replying to the Answers which they and every of them make to the Premises or any of them or to any other Accusation or Impeachment which shall be by them exhibited as the Cause according to course and proceedings of Parliament shall require do pray that the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis and every of them may be put to Answer all and every of the Premises and that such Proceedings Examinations Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice and Course of Parliament To these Articles of Impeachment the said Lords soon after put in their several Answers as follows The several Answers of William Lord Petre now Prisoner in the Tower to the Articles of Impeachment of High Treason and other Crimes and Offences exhibited to the Lords Spiritual and Temporal in Parliament Assembled Whereas the Lord above named stands Impeached by the Knights Citizens and Burgesses in Parliament Assembled in the name of themselves and all the Commons in England THE said Lord in the first place and above all other protesting his Innocency The said Lord doth with all humility submit himself desiring above all things the Tryal of his Cause by this Honourable House so that he may be provided to make his just Defence for clearing of his Innocency from the great and hainous Crimes charged against him by the said Impeachment this being prayed as also liberty to correct amend and explain any thing in the
the Earl of Radnor late Lord Roberts the Lord Hallifax c. all persons of untainted Loyalty and far from Presbyterian or Fanatical Principles and yet these they had designed for destruction as the Chiefs of this new pretended Conspiracy Nor indeed can there be assigned above two or three in all their long forged List that can with any colour of reason or usual acceptation of the word be called Presbyterians SECT 2. But Abyssus Abyssum invocat one Popish villany treads on the heels of another There happened now likewise a yet farther detection of their desperate wickedness that would violate all rules of Morality and Laws both Humane or Divine to wreck their implacable malice on Dr. Oates and Mr. Bedloe and render them odious if it were possible to the people and thereby depreciate their Evidence Of this kinde was their horrid Conspiracy to charge them both with a malicious Contrivance against the Earl of Danby the late Treasurer and particularly Mr. Oates with an attempt of Sodomy To which purpose Will. Osborne and John Lane formerly Servants to Dr. Oates were suborn'd and manag'd by Tho. Knox late Servant to the Lord Dumblain Son to the said Earl of Danby but the Design laid and directed from time to time by wiser heads concerning which there hath already a perfect Account been emitted into the world by the appointment of Dr. Oates And also the Tryals of the said Knox and Lane at the Kings-Bench Bar Novemb. 25. 1679. where they were Convicted are published by Authority where the Curious may receive further satisfaction and therefore we shall only very briefly Epitomize some material matters of Fact which to perform intelligibly we must look back for some time For this hopeful Project had been long a brewing and had been once mortified before ' though now crawling towards a Resurrection it was Doom'd to the second Death which in the language of Divines is to say That it was damn'd as the malicious Contrivers are like to be without sincere Repentance 1. About April 1679. Osborne and Lane being for several Misdemeanours turn'd out of Dr. Oates's Service Knox so qualified as you have heard insinuates into their acquaintance and working upon their necessities engages them in the Design which to render more plausible he dictates four several Letters from them to himself as if they first mov'd him to it wherein pretending great trouble of minde for being privy to certain ill Designes the Dr. and Mr. Bedloe had against the Earl of Danby c. they desire him to put them into a way to discharge forsooth their Consciences by a Discovery These Letters were by one of them wrote from Knox's mouth and then very formally sent to him See the Narrative p. 5 and 6. 2. Knox hereupon after several meetings with them prepares an Information setting forth how he came by this Intelligence and what they had declared to him Another Information is likewise drawn in the names of Osborne and Lane setting forth several horrid expressions that Dr. Oates should use against his Sacred Majesty and other Persons of Quality thereby to render him odious to the Court so offensive to Christian ears and abominably scandalous as not fit here to be unnecessarily recited A third Information they had ready under Osborne's hand attesting a supposed Discourse that he heard between Dr. Oates and Mr. Bedloe contriving how to destroy the Earl of Danby that Mr. Bedloe should say he had invented a way viz. To swear that the Earl offer'd him Money to go beyond the Seas and thereby quash his Evidence which Dr. Oates should approve of saying It was the only or most dexterous course c. Other several Informations from Lane and Osborne That Dr. Oates and Mr. Bedloe should persuade them to carry on an Intrigue with some of the Lord Treasurers Servants and get Money of them by telling them Lies wherein the said Dr. Oates and Mr. Bedloe would instruct them and make such use thereof as should destroy the said Lord. And yet another Information of Lane's deposing That about the 24th or 25th of March last Dr. Oates having sent all the rest of his Servants to the Chappel did make an attempt to commit Sodomy with him And this Information was some time after Sworn before Sir James Butler But though somewhat subtlely contrived to cast an Odium on the Doctor and yet save the Informant from the Gallows he alledging that it was only an attempt and the perpetration thereof prevented by the noise of a Woman sweeping the next Chamber yet there are in it so many incredible Circumstances that had the Witness been of some Credit and the Doctor of none yet no man of sense could have entertain'd such a villanous nonsensical Story But not only the Law hath since vindicated that worthy person from this odious Scandal but the Informer himself hath voluntarily confessed both the utter falsity thereof and the Instigations that tempted him to alledge it The true Copies of all these Informations which they had cut out in readiness when ever they should think fit to make use of them see in the before-recited Narrative p. 7 8 9 c. 3. Their Tackling being thus prepared the Earl of Danby depended so much on the success that if we may believe the Oaths of the Conspirators it was chiefly on that Confidence that he surrendred himself to the Usher of the bla-Rod after he had for a considerable time absconded And the very same day Knox made Osborne and Lane swear again to stand to what he had taught them But Dr. Oates and Mr. Bedloe having some notice of the contrivance against them all three of the said Instruments were soon after taken into Custody And being Examin'd before a Committee of Lords they at first would acknowledge very little but after some time Lane voluntarily set forth upon his Oath how Knox had tamper'd both with him and Osborne instructed them what they should Swear against Oates and Bedloe and for the Lord Treasurer promised them Rewards dropt a Guinney which Osborne took up because they should not be able to say if questioned he had given them any Money How he paid Reckonings and provided Lodgings for them where he paid all charges for Diet c. And swore them to secrecy assuring them if either of them made a Discovery they should be killed And that since he was in Prison a Gentlewoman who by Mr. Dangerfield's Depositions seems to be Mrs. â—elier came to the Prison and sent him word that he should stick to Mr. Knox and whatever Money he required he should have it though it were a Thousand Pounds About the same time viz. 29 April 1679. Osborne by Order of the said Committee being Examined did upon his Oath deny he ever heard any such discourse between Mr. Oates and Bedloe about destroying the Treasurer nor any undecent words from Mr. Oates touching his Majesty the Queen or Mr. Chessinch c. but Deposeth that Knox promised him If he
get any opportunity of seeing his Majesty except in Company of the Duke of York till the next Morning Then in the Park he acquainted his Majesty that his Enemies had a design against his Life and humbly pray'd him to use all caution for he did not know but he might be in danger in that very Walk Tyrants are always haunted with suspitions and fears But his Majesty arm'd with his Native Goodness and Innocence seem'd more surpriz'd with the strangeness of the news than any apprehension of the danger and only askt how that could be To which Mr. Kirby answered that it might be by being Shot at but to give a particular account requir'd more privacy His Majesty ordered him to attend his return out of the Park and then taking him aside laid his Commands on him to tell him what he knew who acquainted him that there were two Men by Name Grove and Pickering that watch'd an opportunity to Shoot his Majesty and that Sir G. W. was hired to Polsoh him as he had been the day before acquainted by a Friend who had a more full account thereof in writing and was near at hand ready to appear when commanded which his Majesty was pleased should be about Eight that Evening Accordingly Mr. Kirby and Doctor Tongue did at that hour attend his Majesty and in the Red Room at White-Hall delivered unto him the said 43 Articles Copyed out by the Doctor keeping the Original for his own security and both of them humbly begg'd that those Papers might be kept safe and secret lest the full Discovery should otherwise be prevented and their own lives indanger'd His Majesty was pleased graciously to answer That being to go next Morning to Windsor he would safely deposite the said Papâ—is in the hands of one whom he could Intrust and with whom he would answer for their safety ordering them to wait upon the Earl of Danby then Lord Treasurer the next Morning which accordingly they did but it was After-noon before they could be admitted to speak with him When being brought to his Closet they found him with the Papers in his hand saying he had received them from his Majesty Sealed up and that they were of the greatest concern in the World But after some few questions very civilly for the present dismiss'd Mr. Kirby and the Doctor who two or three days after carried more Informations but could hardly come to speak with him only one of his Gentlemen was appointed to receive the Papers Sealed And about the 20th of Aug. Doctor Tongue offered to bring the said Pickering and Grove into St. James's Park that they might be taken with their Guns about them his Informant having assured them he could do it at any time if the King would please to be walking there but this was not accepted or neglected However shortly after Mr. Kirby shewed Pickering as he attended the Priests at Mass in Sommerset-House to one of the Lord Treasurers Gentlemen The 26th of Aug. Dr. Tonge told Mr. Kirby that he had Informed the Lord Treasurer how he might Intercept Letters that come to Grove which if it had been honestly done must of necessity have very much laid open their Traiterous practices the Jesuits Letters being generally directed to him But having heard nothing of it and the Treasurer being gone out of Town he was resolv'd to know if any thing had been taken or no Accordingly on the 31th of Aug. he made an Interest in a certain Letter Carrier belonging to the Post-Office who on the 3. of Sept. informed him that the said Grove had usually Letters every week amounting to three or four pound and that the very day before he had as many Forreign Letters as came to 4 s. and some Inland Letters but how many he could not positively tell nor could give account of any offered to be intercepted Doctor Oates on the second of Septemb. first discover'd himself to Mr. Kirby Lodging at Fox-Hall who all the time before had never seen his face nor heard his name but from thenceforth they met together and on the 4th of Septemb. he acquainted the said Mr. Kirkby that Whitebread the Jesuits Provincial was come to Town and having got intelligence that there was some Discovery made had Beaten him and charg'd him with having been with the King with a Minister and that he had Betray'd them The means and occasion whereby they came to have this notice and suspicion is thus set forth One Bedingfield a Jesuit deeply conecrn'd in the Plot and who had got as is said to be Confessor to the Duke of York had related in a Letter to Blundel another of the Gang that his Royal Highness had intimated some such thing to him viz. That a Gentleman in such-colour'd Habit and a Minister had been with the King and made some Discovery Now it happened that Mr. Kirkby when he waited on his Majesty as aforesaid had on a Suit much of the same colour with what Dr. Oates then usually wore which created such their jealousie However Dr. Oates denying it for in truth he had then never been with the King the Provincial at last seem'd Reconcil'd to him and only ordered him speedily to prepare to go beyond the Sea pretending he had some Business there for him to Negoriate Upon this discourse of Dr. Oates Mr. Kirkby finding him partly discovered and in danger resolved to go next day to Windsor desiring Dr. Tonge in the mean time to get his Information Sworn before some Justice of the Peace which on the 6th of Septemb. was done before Sir Edmund-bury Godfrey yet without permitting him to read the particulars only assuring him in general that it contained matter of Treason and other high Crimes and that his Majesty had a Copy of it In the mean time on the 5th Mr. Kirkby presented himself before his Majesty at Windsor but there having been some prepossessions to take away all belief of the Plot used by Bedingfield c. he could not that day or the next obtain Audience and therefore on the 7th repaired to the Treasurers Lodgings and acquainted his Man that the Original Informant was discover'd and beaten therefore desired his Lordships directions who sent out word that he would hear him But although Mr. Kirkby waited all that day was in his presence and offered to speak yet the said Treasurer declined it and on the 9th went away to Wimbleton Mr. Kirkby receiving this discouragement returned home In the mean time Dr. Oates holding on his Correspondence with the Jesuits on the 6th of Sept. at night coming to the Provincials Lodgings and attending at his Chamber door over-heard him and some others discourse concerning the disposing of a person saying This man has Betray'd us we will give 20 l. to a See Dr. Oate's Narrative p. 55. Coach-man to take him up who by By-ways shall carry him to Dover and when we have got him beyond Sea we will force him by Tortures to Confess who had been with
to all other Treasons Crimes and Offences contained mentioned or specified in the said Impeachment the said Lord protesting his Innocency In the great Wisdom and Sentence of this Honourable Court shall always Acquiesce So the Rest Mutatis Mutandis But these Pleas being Judg'd unsatisfactory and illegal they were afterwards forc'd to plead the general Issue And now there were daily expectations of their being brought to Tryal and Scaffolds erected in Westminster-Hall for that purpose but in the mean time the Earl of Danby late Lord Treasurer whom the Commons had likewise Impeach'd for Treason and who had for some time absconded himself did on the 15th of April unexspectedly surrender himself and insisted on his Pardon which the Commons Voted Illegal and thereupon prayed Judgment against him on the Impeachment About this matter and also upon the Question whether the Bishops had a right to sit upon the Lords when they should be brought to Tryal some misunderstandings happened between the two Houses for removing of which and settling a good Correspondence the House of Commons used several Endeavours as by the following Paper may appear THE Reasons and Narrative OF Proceedings BETWIXT THE Two Houses WHICH Were delivered by the House of COMMONS TO THE LORDS At the Conference touching the Lords in the Tower On Munday 26th of May 1679. THE Commons have always desired that a good Correspondence may be preserved between the two Houses There is now depending between your Lordships and the Commons a matter of the greatest weight In the Transactions of which your Lordships seem to apprehend some difficulty in the matters proposed by the Commons To clear this the Commons have desired this Conference and by it they hope to manifest to your Lordships that the Propositions of the House made by their Committee in relation to the Tryal of the Lords in the Tower have been only such as are well warranted by the Laws of the Parliament and Constitutions of the Government and in no sort intrench upon the Judicature of the Peers but are most necessary to be insisted upon that the Antient Rights of Judicature in Parliament may be maintained The Commons readily acknowledg that the Crimes charged upon the Earl of Powis Viscount Stafford Lord Petre Lord Arundel of Warder and Lord Bellasis are of deep Guilt and call for speedy Justice But withall they hold That any change in Judicature in Parliament made without consent in full Parliament to be of pernicious Consequence both to his Majesty and his Subjects and conceive themselves obliged to transmit to their Posterity all the Rights which of this kind they have received from their Ancestors by putting your Lordships in mind of the progress that hath already been between the two Houses in relation to the Propositions made by the Commons and the Reasonableness of the Propositions themselves They doubt not but to make it appear that their aim has been no other than to avoid such Consequences and preserve that Right and that there is no delay of Justice on their part And to that end do offer to your Lordships the ensuing Reasons and Narrative That the Commons in bringing the Earl of Danby to Justice and in discovery of that Execrable and Traiterous Conspiracy of which the Five Popish Lords now stand Impeached and for which some of their wicked Accomplices have already undergone the Sentence of the Law as Traytors and Murtherers have laboured under many great Difficulties is not unknown to your Lordships Nor is it less known to your Lordships That upon the Impeachment of the House of Commons against the Earl of Danby for High Treason and other High Crimes Misdemenours and Offences even the Common Justice of Sequestring him from Parliament and forthwith Committing him to safe Custody was then required by the Commons and denied by the House of Peers though he then Sate in their House Of which your Lordships have been so sensible that at a free Conference the Tenth of April last your Lordships declared That it was the Right of the Commons and well Warranted by Precedents of former Ages That upon an Impeachment of the Commons a Peer so Impeached ought of Right to be Ordered to with-draw and then to be committed And had not that Justice been denied to the Commons great part of this Session of Parliament which hath been spent in framing and adjusting a Bill for causing the Earl of Danby to appear and Answer that Justice from which he was fled had been saved and had been imployed for the Preservation of his Majesties Person and the security of the Nation and in Prosecution of the other Five Lords Neither had he had the Opportunity for procuring for himself that illegal Pardon which bears date the First of March last past and which he hath now pleaded in Bar of his Impeachment Nor of wasting so great a proportion of the Treasure of the Kingdom as he hath done since the Commons exhibited their Articles of Impeachment against him After which time thus lost by reason of the denyal of that Justice which of Right belonged to the Commons upon their Impeachment the said Bill being ready for the Royal Assent the said Earl then rendred himself and by your Lordships Order of the Sixteenth of April last was Committed to the Tower After which he pleads the said Pardon and being prest did at length declare He would relie upon and abide by that Plea which Pardon pleaded being illegal and void and so ought not to Bar or Preclude the Commons from having Justice upon the Impeachment They did thereupon with their Speaker on the Fifth of May instant in the name of themselves and all the Commons of England Demand Judgment against the said Earl upon their Impeachment Not doubting but that your Lordships did intend in all your Proceedings upon the Impeachment to follow the usual Course and Method of Parliament But the Commons were not a little surprized by the Message from your Lordships delivered them on the Seventh of May thereby acquainting them That as well the Lords Spiritual as Temporal had Ordered that the Tenth of May instant should be the day for hearing the Earl of Danby to make good his Plea of Pardon And that on the Thirteenth of May the other Five Lords Impeached should be brought to their Tryal And that your Lordships had Addressed to his Majesty for naming a Lord High Steward as well in the Case of the Earl of Danby as the other Five Lords Upon consideration of this Message the Commons found that the admitting the Lords Spiritual to exercise Jurisdiction in these Cases was an alteration of the Judicature in Parliament and which extended as well to the Proceeding against the other Five Lords as the Earl of Danby And if a Lord High-Steward should be necessary upon Tryal on Impeachments of the Commons the Power of Judicature in Parliament upon Impeachments might be Defeated by suspending or denying a Commission to constitute a Lord High-Steward And that the
said days of Tryal appointed by your Lordships were so near to the time of your said Message that these Matters and the Method of Proceeding upon the Tryal could not be Adjusted by Conference betwixt the two Houses before the Day so nominated And consequently the Commons could not then Proceed to Tryal unless the Zeal which they have for speedy Judgment against the Earl of Danby that so they might proceed to Tryal of the other Five Lords should induce them at this Juncture both to admit the inlargement of your Lordships Jurisdiction and to sit down under these or any hardships though with the hazard of all the Commons Power of Impeaching for time to come rather than the Tryal of the said Five Lords should be deferred for some short time whilst these Matters might be agreed on and settled For Reconciling Differences in these great and weighty Matters and for saving that time which would necessarily have been spent in Debates and Conferences betwixt the two Houses and so expediting the Tryal without giving up the Power of Impeachment or rendring them ineffectual The Commons thought fit to propose to your Lordships that a Committee of both Houses might be appointed for this purpose At which Committee when agreed to by your Lordships it was first proposed That the time of Tryal of the Lords in the Tower should be put off till the other Matters were Adjusted and it was then agreed That the Propositions as to the time of the Tryal should be the last thing considered And the effect of this Agreement stands reported upon your Lordships Books After which The Commons communicated to your Lordships by your Committee a Vote of theirs viz. That the Committee of the Commons should insist upon their former Vote of their House That the Lords Spiritual ought not to have any Vote in any Proceedings against the Lords in the Tower and that when that Matter should be settled and the Method of Proceedings Adjusted the Commons would then be ready to proceed upon the Tryal of the Pardon of the Earl of Danby against whom they had before Demanded Judgment and afterwards to the Tryal of the other Five Lords in the Tower Which Vote extended as well to the Earl of Danby as the other Five Lords but the Commons as yet received nothing from your Lordships towards an Answer of that Vote save that your Lordships have acquainted them that the Bishops have asked leave of the House of Peers that they might withdraw themselves from the Tryal of the said Five Lords with liberty of entring their usual protestation And though the Commons Committee have almost daily Declared to your Lordships Committee that that was a necessary point of Right to be settled before the Tryal and offered to debate the same your Committee always answered That they had not any Power from your Lordships either to conser upon or to give any Answer concerning that Matter And yet your Lordships without having given the Commons any satisfactory Answer to the said Vote or permitting any Conference or Debate thereupon and contrary to the said Agreement did on Thursday the Twenty Second of May send a Message to the Commons Declaring That the Lords Spiritual as well as Temporal had Ordered that the Twenty Seventh of this instant May be appointed for the Tryal of the Five Lords So that the Commons cannot but apprehend that your Lordships have not only departed from what was agreed on and in effect laid aside that Committee which was Constituted for preserving a good understanding betwixt the two Houses and better dispatch of the weighty Affairs now depending in Parliament But must also needs conclude from the Message and the Votes of your Lordships on the Fourteenth of May That the Lords Spiritual have a Right to stay and sit in Court till the Court proceeds to the Vote of Guilty or not Guilty And from the Bishops asking leave as appears by your Lordships Books two days after your said Vote that they might with-draw themselves from the Tryal of the said Lords with liberty of entring their usual Protestation and by their persisting still to go on and give their Votes Proceedings upon the Impeachment that their desire of leave to with-draw at the said Tryal is only an Evasive Answer to the before mentioned Vote of the Commons and chiefly intended as an Argument for a Right of Judicature in Proceedings upon Impeachments and as a Reserve to judg upon the Earl of Danby's Plea of Pardon and upon these and other like Impeachments although no such Power was ever claimed by their Predecessors but is utterly denyed by the Commons and the Commons are the rather to beleive it so intended because the very asking leave to withdraw seems to imploy a Right to be be there and that they cannot be absent without it And because by this way they would have it in their Power whether or no for the future either in the Earl of Danby's Case or any other they will ever ask leave to be absent and the Temporal Lords a like Power of denying leave if that should once be admitted necessary The Commons therefore are obliged not to proceed to the Tryal of the Lords on the Twenty Seventh of this instant May but to Adhere to their aforesaid Vote And for so doing besides what hath been now and formerly by them said to your Lordships do offer you these Reasons following Reasons I. Because your Lordships have received the Earl of Danby's Plea of Pardon with a very long and usual Protestation wherein he hath Aspersed his Majesty by false Suggestions as if his Majesty had Commanded or Countenanced the Crimes he stands charged with and particularly suppressing and discouraging the Discovery of the Plot and endeavouring to Introduce an Arbitrary and Tyrannical way of Government Which remains as a Scandal upon Record against his Majesty tending to render his Person and Government odious to his People against which it ought to be the first and principal care of both Houses to Vindicate his Majesty by doing Justice upon the said Earl II. The Setting up a Pardon to be a Bar of an Impeachment defeats the whole use and effect of Impeachments and should this point be admitted or stand doubted it would totally discourage the exhibiting any for the future whereby the cheif Institution for the Preservation of the Government and consequently the Government it self would be destroyed And therefore the Case of the said Earl which in consequence concerns all Impeachments whatsoever ought to be determined before that of the said Five Lords which is but their particular Case III. And without resorting to many Authorities of greater Antiquity The Commons desire your Lordships to take notice with the same regard they do of the Declaration which that Excellent Prince King Charles the First of blessed Memory made in this behalf in his Answer to the Nineteen Propositions of both Houses of Parliament Wherein Stating the several parts of this regulated Monarchy he
says The King the House of Lords and the House of Commons have each particular Privileges And among those which belong to the King he reckons Power of Pardoning After the enumerateing of which and other his Prerogatives His said Majesty adds thus Again That the Prince may not make use of this high and perpetual Power to the hurt of those for whose good he hath it and make use of the name of publick necessity for the gain of his private Favourites and Followers to the detriment of his People The House of Commons an excellent Conserver of Liberty c. is solely intrusted with the first Propositions concerning the Levies of Money and the Impeaching of those who for their own ends though countenanced by any surreptitiously-gotten Command of the King have violated that Law which he is bound when he knows it to protect and to the protection of which they were bound to advise him at least not to serve him in the contrary And the Lords being Trusted with a Judicatory Power are an excellent Screen and Bank between the Prince and People to assist each against any encroachments of the other and by just Judgments to preserve that Law which ought to be the Rule of every one of the three c. Therefore the Power legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny c. IV. Until the Commons of England have Right done them against this Plea of Pardon they may justly apprehend that the whole Justice of the Kingdom in the Case of the Five Lords may be obstructed and defeated by Pardons of like nature V. An Impeachment is virtually the Voice of every particular Subject of this Kingdom crying out against an Oppression by which every Member of that Body is equally wounded And it will prove a Matter of ill Consequence that the universality of the People should have occasion ministred and continued to them to be apprehensive of utmost danger from the Crown from whence they of right expect Protection VI. The Commons Exhibited Articles of Impeachment against the said Earl before any against the Five other Lords and demanded Judgment upon those Articles Whereupon your Lordships having appointed the Tryal of the said Earl before that of the other Five Lords now your Lordships having since inverted that Order gives a great cause of doubt to the House of Commons and raises a Jealousie in the Hearts of all the Commons of England that if they should proceed to the Tryal of the said Five Lords in the first place not only Justice will be obstructed in the Case of those Lords but that they shall never have right done them in the matter of this Plea of Pardon which is of so fatal Consequence to the whole Kingdom and a new device to frustrate publick Justice in Parliament Which Reasons and Matters being duly weighed by your Lordships the Commons doubt not but your Lordships will receive satisfaction concerning their Propositions and Proceedings And will agree That the Commons ought not nor can without deserting their Trust depart from their former Vote communicated to your Lordships 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 settled and the Methods of Proceedings adjusted the Commons shall then be ready to proceed upon the Tryal of the Earl of Danby against whom they have already demanded Judgment and afterwards to the Tryal of the other Five Lords in the Tower May 27th 1679. The Narrative and Reasons delivered at the Conference Yesterday with the House of Commons were again read and after a long Debate the Vote of this House dated the 13th of May instant and the explanation thereupon dated the 14th instant were read and the Question was put Whether to insist upon these Votes concerning the Lords Spiritual and it was resolved in the Affirmative But there were present These Dissenters Buckingham Huntington Kent Shaftsbury PR Bedford Winchester Rochester North and Grey Suffolke J. Lovelace Townsend Herbert Gray Stamford Newport Say and Seal L. Wharton Leicester Scarsdale Stafford Derby Delamer Howard Paget Clare Salisbury Falconberg Windsor CHAP. XVIII The Proceedings against Whitebread and the other Four Jesuits ON Friday the 13th of June 1679 was the grand Tryal of Five notorious Jesuits viz. Thomas White aliàs Whitebread Provincial or cheif of the Jesuits in England a comely antient man of a very grave deportment both at his Tryal and Execution William Harcourt pretended Rector of London who 't is thought after the first discovery of the Plot had been beyond the Seas and had the confidence to return hither again where being apprehended in his Lodging near long Acre he was by the Lords and Commons Committed to Newgate on the 8th of May last John Fenwick Procurator of the Jesuits in England John Gavan aliàs Gawen and Anthony Turner Committed first to the Gate-house and thence brought to Newgate There was at the same time Arraigned one James Corker a Benedictine Monk but he pretending he had not his Witnesses ready was put off and happy it was for him who since was acquitted with Wakeman whereas if he had then been tryed 't is most probable it would have prov'd as Fatal to him as the rest Whitebread and Fenwick pleaded that they were tryed before for the same Fact but the Court answer'd That though they were indeed once Arraign'd yet the Jury was discharg'd of them and they not then in any Jeopardy of their Lives and therefore must plead to this Indictment Then the Prisoner made a general Challenge That none should be of their Jury that were of any of the former Juries concerning the Plot Those now sworn were Thomas Harriot William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kaine Richard White Richard Bull. Thomas Cox The Proofs were long and consisting in divers particulars As 1. Dr. Oats Swears That the Consult of the 24th of April was by the Order of Whitebread the Prisoner at the See the Tryal of Whitebread c. P. 12. Bar as Provincial and that then the said Whitebread and Fenwick and Harcourt and Turner did all in his presence Sign the Resolve for the King's death 2. That Whitebread after his return back again to St. Omers did say That he hoped to see the King's Head laid fast enough only he had not the manners to give him the Title of King but shew'd his spight by calling his Majesty opprobriously These are those that speak evil of Dignities 3. That in July Ashby alias Timbleby brought over Instructions from Whitebread P. 13. to offer Sir George Wakeman 10000 l. to poyson the King and also a Commission to Sir John Gage to be an Officer in the Army which they design'd to raise which the Witness himself delivered to him the said Sir John 4. That Turner was at the Consult and at Fenwick's Chamber he saw him
Lord Gray Lord Howard of Escrick Duke of Monmouth Duke of Buckingham Sir Will. Waller c. which he did so well that he thought then His Majesty believed him being pleased to order him forty pound which he received fol. 35. And the more to possess his Majesty he sent him a Letter to New-market signifying he had discovered a great Correspondence between the Presbyterians and the Dutch fol. 36. 13. That pursuant to his undertaking with the Lords he went twice to Murder the Earl of Shaftesbury armed with a short French Dagger given him by Mrs. Celier who said there had been three of them left her by Rigaut pretending business as directed by Celier and the Lady Powis but was both times prevented by peoples coming and his own guilty fears for which the Countess called him Coward and Mrs. Celier said I will go and let the world know that some of our Sex are brave and more daring than the men whereupon she went pretending business but was prevented of an opportunity 14. Now the Countess put him on enquiring out Col. Mansels Lodgings delivered him Papers to plant there which under pretence of taking Lodgings in the same House and seeing all the Rooms he pin'd behind the Beds-head and then having informed two Officers of theCustom-house to come there to search for Prohibited Goods of Two thousand pound value on Wednesday the twenty second of October in the Colonels absence they came and he and one Bedford that lay with him the night before went in with them who finding nothing he directed them to remove the Bed and at last going himself behind it discovered the Papers and as the Devil would have it or rather the providence of Almighty God to detect the villany before they had well lookt into any of them cryed out Here is Treason The Officers carryed the Papers to the Custom-house which were ordered to be returned but the Colonel in the mean time having notice and that such a man who then and for some time before had gone sometimes by the name of Thomas and sometimes Willoughby had been concerned in the matter strictly enquiring after him found he lay at Mrs. Celiers House and there apprehended him and on the twenty third of October brought him before the Councel where accidentally he met with and abused one Mr. d'Oiley o◠the Tower that had formerly prosecuted him 〈◊〉 uttering false Guineys who much helped to give an account of his former ill conversation yet he persisted stifly in charging Mansel and justifying his own innocency but on hearing all circumstances attested by the Searchers and other Witnesses produced by Colonel Mansel it apppearing that the Papers were laid by Dangerfield in the Colonels Chamber out of a malitious design he was committed to a Messenger whereupon he writ a Note to acquaint the Lady Powis therewith to be sent by his boy but the Messenger would needs see it and thereby the Correspondence between them was discovered 15. The twenty seventh of October Dangerfield was committed to Newgate by the Council on a full hearing though he had endeavoured all he could to defend himself by certain notable instructions received from the Lady Powis in the Stone-gallery in Whitehall which he particularly sets forth fol. 49. 16. On the twenty ninth of October Sir William Waller to whose indefatigable pains and courage this Nation and the Protestant Religion in general under God in an high measure owes its preservation searching Celiers House most providentially found hid in a Meal-tub the Paper-book tyed with red ribbons containing the Model of this designed Plot against the Protestants the matter whereof was dictated by the Lady Powis the grand Solliciness from the Lords in the Tower as aforesaid and proved by her maid to be hid there by her order It purported to be onely Remarks or chief Heads of things and persons to be charged As amongst the rest there were named the Lords Hallifax Shaftsbury Radnor now President of his Majesties Privy-Councel Essex Wharton the Duke of Buckingham and others to be of Counsel in this pretended Conspiracy the Duke of Monmouth General the Lord Grey Lord Gerard and his Son and Sir Tho. Armstrong Lieutenant Generals in this Rebellious Army Sir William Waller and others Major-Generals Colonel Mansel Quarter-Master-General To which was added Lists of particular persons usually meeting at four principal Clubs about the Town too tedious here to repeat 17. In the Papers foisted into Col. Mansels Chamber there were likewise long Lists of Names that were to be rendred obnoxious to this present Plot but no particular Copy or Account can thereof be given the Original Papers being so lodged that the same are not easily procurable till Authority shall think fit to divulge them See Col. Mansels Nar. fol. 104. 18. Mr. Dangerfield by this last Discovery at Mrs. Celiers finding himself trapt had not the confidence to stand out longer but on the last of October made application to the Right Honourable Sir Robert Clayton Lord Mayor before whom and other persons of Quality he made a candid Confession on Oath transmitted the next day to His Majesty and the Councel Whereupon and on farther Examination of the several persons concerned the Earl of Castlemain was Committed to the Tower whence he had not long since been Bayled as having been charged by Doctor Oates on the former Popish Plot Mrs. Celier and Mr. Rigaut to Newgate and Mr. Gadbury the Almanack-maker who though bred a Taylor hath for some years written himself Physician to the Queens most Excellent Majesty and formerly published a Figure which he called his Majesties Nativity in Print and constantly of late in his Calendar hath left out the Gunpowder-Treason-day to the Gate-house And on the fourth of November the Lady Powis being farther Examined and divers notable Circumstances which she had denyed being proved against her by other persons besides Mr. Dangerfield she was by order of the Board committed to the Tower for High-Treason in conspiring the death of the King And the said Dormer formerly Committed on suspition of being a Priest and Bail'd being found discoursing with her in the Lobby was upon other new matter charged on him by Doctor Oates taken into custody The Lord Castlemain twice in Michaelmass-Term brought his Habeas Corpus to be Bayled in the Kings Bench but was told by the Judges of that Court that though formerly when there was but one witness against him they had afforded it him yet having made such ill use of his Liberty and being now charged directly by two Witnesses for High-Treason they could not allow it and so was re-manded to the Tower By this whole contrivance it most evidently appears that though the Popish out-cries and clamours ran onely upon the Presbyterians and Fanaticks yet their aim was to ruine all that were true Protestants or honest Assertors of the Liberties and Property of the Subject As their naming his Grace the Duke of Monmouth the Duke of Buckingham the Earl of Essex