undecent Expressions was by order of the Lords House burnt by the Common Hangman at the Exchange and in the Pallace yard On the 4th of January His Majesty was pleased to send His Message to the House of Commons in Answer to their Address of December 21. abovemention'd in which Message He let them know That he had received their Address with all the disposition they could wish to comply with their reasonable Desires but upon perusal of it he was sorry to see their thoughts so wholly fixt on the Bill of Exclusion as to determine that all other remedies for the Suppressing of Popery will be ineffectual That His Majesty is confirm'd in His opinion against That Bill by the Judgment of the House of Lords who rejected it That He thinks there remains nothing more for Him to say in Answer to the foresaid Address then to recommend to this House the Consideration of all other means for the preservation of the Protestant Religion to which they have no reason to doubt His concurrence whensoever they shall be presented to Him in a Parliamentary way And in conclusion again He urges them to the preservation of Tangeir On the Friday following being the 7th of January the House entred upon the Consideration of the said Message and resolve as the opinion of the House That there is no security or safety for the Protestant Religion the Kings Life or the Well constituted and establisht 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 that to rely upon any other means or remedies without such a Bill is not only insufficient but dangerous That till such a Bill be past this House cannot give any Supply to His Majesty without danger to His Majesties person Extream hazard of the Protestant Religion and unfaithfullness to those by whom this House is intrusted 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 Council to His Majesty and are Promoters of Popery and Enemies to the King and Kingdom And as such they name George Earl of Hallifax Henry Marquiss of Worcester Henry Earl of Clarendon against which as also against Lewis Earl of Feversham and Laurence Hide Esq they Vote an Address to be presented to His Majesty to remove them from all Offices of Honour and Profit and from His Majesties Councils and Presence for ever They further Vote and Resolve the same day That whosoever shall herafter Lend or cause to be Lent by way of advance any Mony upon the Branches of the Kings Revenue arising by Customs Excise or Hearth Mony shall be adjudg'd to hinder the sitting of Parliaments and shall be responsible for the same in Parliament On the Monday following being the 10th of Jan. the King was pleas'd to determin this Session by Proroguing the Parliament to the 20th day of Jan. then next following at the same time passing only Two Publick Bills viz. One about Irish Cattel and One about Burying in Woollen The House of Commons were it seems aware of this Prorogation and therefore that very morning the first thing they did after they were sate and before the Usher of the Black Rod came in they Resolved That whosoever advised His Majesty to Prorogue this Parliament to any other purpose then in Order to the passing of a Bill for the Exclusion of James Duke of York is a Betrayer of the King the Protestant Religion and of the Kingdom of England a Promoter of the French Interest and a Pensioner to France On the 13th of Jan. a Court of Common Council being Assembled in London they ordered to be drawn up and Presented to the King a Petition setting forth That whereas the Parliament had convicted one of the 5 Popish Lords in the Tower and were about to convict the other 4 of High Treason That they had Impeacht the Chief Justice Scroggs and were about to impeach other Judges and all this in order to the preservation of His Majesties Life the Protestant Religion and Government That they were much surprized to see the Parliament Prorogued in the hight of their buisiness That their only hopes were that this was done only in order to bring such Affairs about again as were necessary to the Settling the Nation They therefore pray'd that His Majesty would be pleas'd to let the Parliament sit at the day appointed and so to continue till they had effected the great Affairs before them To this effect were the words of their Petition which was further ordered to be delivered that night or as soon as may be by the Lord Mayor attended with the new Recorder George Treby Esq and certain Members of the Court of Aldermen and Common Council But before the said 20th day of Jan. arrived the King was pleased by his Proclamation bearing date at Whitehall Jan. 18. to dissolve this Parliament and intimate His Royal pleasure and intentions to call an other to sit on the 21st of March following at Oxford Not long after this viz. on the 25th of Jan. the Earl of Essex and other Lords Presented to the King a Petition setting forth That whereas the Nation and His Majesties Person were in imminent danger from the Papists unto which no stop or remedy could be provided unless by a Parliament That several Parliaments being call'd and assembled they were Prorogued and dissolved before any sufficient order could be taken therein c. That His Majesty had been prevailed with to call another at Oxford where neither Lords or Commons can be in safety but will be dayly exposed to the Swords of the Papists and their adherents the liberty of speaking thereby destroyed and the validity of their Acts and proceedings left disputable the straightness of the place unfit for such a Concourse of persons as now follows every Parliament and the Witnesses which are necessary to give Evidence upon the Commons Impeachment unable to bear the charges of such a Journey and unwilling to trust themselves under the Protection of a Parliament that is it self evidently under the Power of Guards and Soldiers They therefore pray that the Parliament may sit at Westminster This was subscribed Monmouth Kent Huntington Bedford Salisbury Clare Stamford Essex Shaftsbury Mordant Evers Pâ—get Grey Herbert Howard Delamer About the same time the King was pleased to displace my Lord Sunderland from the Office of Secretary of State and to confer the said Office on my Lord Conway and several other Members of the Privy Council were then also alter'd And thus concluded the 32d year of His Majesties Reign observable for divers matters but above all for the Transactions of the Lords in Parliament who by their Prudent and Judicious proceedings on the 15th of November defeated the industrious malice of the Dukes Enemies by rejecting the Bill past by the Commons
Treaty a Determination fitting only for God Almighty since none but He can tell the terms of Peace who knows the event of War You desire him not to suffer a Ship of theirs to come from France under pain of Confiscation not excepting Allies Prince or Ambassadors if any among them that he does not believe any Assembly of Men ever gave so great and publick a provocation to the whole World without so much as considering to provide one Ship Regiment or penny towards justifying it that however if by your assistance he may be put into Armes sufficient for such a Work He will not be weary till Christendom be restored to such a Peace that it shall not be in the power of any one Prince to disturb it that the Rights of making and managing War and Peace are in His Majesty and if you think he will depart from any part of that Right you are mistaken the Reins of Government are in his hands and he hath the same care to preserve them there as to preserve his own Person he keeps both for his Peoples protection and safety and that if this House will encourage His Majesty to go further in Alliances you must consider of raising speedy supplies for from the consideration of those he must take his measures Some things of note however were done before the Supply was concluded The House of Commons took off all written Protections which had been by some Members granted to such as were not really their Servants to an incredible number Voting no Protection allowable to any but their Menial Servants actually in Service and that without a written Certificate And now was the Earl of Shaftsbury releas'd from his Confinement in the Tower where he had been close Prisoner ever since last Spring and restored to his place in Parliament having first made the following Submission at the Lords Bar Feb. 25. viz. 1. I do acknowledge that my endeavouring to maintain that this Parliament was Dissolved was an ill advised Action for which I humbly beg pardon of the Kings Majesty and this most Honourable House 2. I do acknowledge that my bringing a Writ of Habeas Corpus in the Kings Bench was a high violation of your Lordships Priviledge and a great aggravation of my former offence for all which I beg pardon Subscribed Shaftsbury The next Day he sate in the House of Lords On the 27. The City was not a little Allarm'd with the French Kings taking of Ghent and the great danger of several other places of note in Flanders That Night were sent from London 12 Companys of Foot for Ostend follow'd the next Day by the Dukes of Monmouth and Albermarle the Earls of Mulgrave and Plymouth c. most of which Lords soon after return'd About a Fortnight after this a Poll-Bill for raising Monys past both Houses and presently after the Commons express their impatiency for a War their Transactions running in these Terms March 14. Upon several motions made for considering of the deplorable condition of the Nation resolved in a Committee of the whole House That it is the opinion of this Committee that an Address be presented to the King humbly to advise His Majesty that His Majesty to quiet the minds of his Loyal Subjects and to encourage the Princes and States Confederates against the French King would be graciously pleased to proclaim and enter into an actual War with the French King and to give his Majesty assurances that this House will constantly stand by and aid His Majesty in the prosecution thereof with necessary and plentiful suppplies and assistances and that His Majesty will presently dismiss the French Ambassador and recal his from France and Niminghen Which Address was the next Day drawn up accordingly and sent to the Lords for their Concurrence but never proceeded further Wednesday 27th of March the Parliament was Adjourn'd by the Kings Order till the 11th of April being the Week after Easter the King having first Sign'd the Poll-Bill in which was a strict Appropriating Clause for the Mony so Levy'd to be applied to no use but the intended French War also another Clause Prohibiting the Importation of any French Commodities for Three Years Soon after which the French King prohibited ours for Ten Years Thursday the 11th of April the Parliament met again and Adjourn'd to the Monday following at which time by the Kings appointment they chose a New Speaker in the House of Commons Sir Robert Sawyer one of the Kings Council Learned and a great Practicer in the Exchequer and from thence Adjourn'd over to Monday the 29th of April During these Intervals a strict Fast is kept on Wednesday the 10th of April in London and the Wednesday Fortnight following through England to implore Gods Blessing upon His Majesty and his Kingdoms and for the averting of Gods Judgments Monday the 29th of April the Houses met again the King and Lords in their Robes My Lord Chancellor in a long Speech recited all the Addresses that they had made in relation to a War with France what the King had already done in pursuance of the same and joyning an effectual League with the Confederates to that end and how ready the King was to pursue their desires but that now he discovered the Dutch were entring upon a Treaty of Peace with the French King and that without his consent or privity and therefore His Majesty demands the advice of his Houses how to proceed Monday following being the 6th of May Sir Robert Sawyer excused himself in a Letter that he could not attend the House by reason that he was taken very ill of the Stone occasioned by his long sitting last Saturday whereupon the Old Speaker was again chosen and reinstated in the Chair The same Day the King returned a short Answer to an Address of the House of Commons Voted on the said last Saturday which contain'd their humble Advice that he would forthwith enter into the present Alliance with the Confederates and an Actual War with France c. To which this Answer was read by one of the Secretaries of State viz. C. R. HIs Majesty having been acquainted with the Votes of the 4th Instant is very much surprized both with the matter and manner of them but if His Majesty had had Exceptions to neither yet His Majesty having asked the Advice of both the Houses doth not think fit to give any Answer to any thing of that nature till he hath a concurrent Advice of both Houses Among which mentioned Votes of the 4th Instant beside the Advice abovesaid this was past by a majority of 16 Voices That the late Leagues made with the States-General of the United Provinces are not pursuant to the Addresses of this House nor consistant with the good and safety of the Kingdom In the mean time the Commons are not at all discouraged with this Answer but draw up an Address and present it to the King at Whitehall on Saturday the 11th of May in the afternoon
In fine the same method of proceedings may be made use of against the Commons by the Lords These Inconveniencies the King is Resolved to abolish and hath Commanded me to say to you State super vias antiquas If this Session do not repair the misfortunes and amend the faults of the last it will look like a fatality upon the Nation He whose house is destroyed by Fire would find but little Comfort in saying the Fire did not begin by his means but it will be a perpetual Anguish to him to remember that it lay in his power to extinguish it And so concludes with strong persuasives to Peace and a Composure of all Differences Monday May 27. Resolved in the House of Commons That the House taking into Consideration the State of His Majesties Affairs and the great charge and Burthen that His Majesty and the Nation lyes under by the Army now in Being are humbly of Opinion That if His Majesty please to think fit to enter into the War against the French King this House is and always will be ready to support and assist him in that War But if otherwise That they will proceed to the Consideration of providing for the Speedy Disbanding of the Army The House further Ordered That the Members of this House who are of His Majesties privy Council do acquaint the King with these Votes and pray His Majesties Answer To this the King returned the following Answer which was read in the House of Commons the next day It contained That the French King hath made such offers of a Cessation till the 27th of July as His Majesty doth not only believe will be accepted but will end in a General Peace yet since that is not certain he does not think it prudent to dismiss either Fleet or Army before that time nor doth he think it will add much to the charge in regard the raising Mony and paying them off would take up that time were they to be Disbanded as speedily as possibly In the mean time he desires Mony for their subsistance that as hetherto they have been the most orderly Army that ever came together they may be encouraged to continue so And concludes with reminding the House of the 200000 l. formerly mentioned in His Speech which he wants for His Houshold The next day of sitting being Thursday the 30th of May the Commons Vote unanimously That all Forces rais'd since the 29th of September last except those transported to Forrain Plantations be forthwith paid off and Disbanded and that they Consider of a Supply for that purpose The last of May being the first day of Trin. Term Sir William Scroggs at that time Puisne Judge in the Common-Pleas took his place in the Kings Bench as Lord Chief Justice of England to which he was preferr'd by the Kings especial Favour on the removal of Sir Richard Rainsford who resigned a few days before And was Succeeded in the Common-Pleas by Baron Bartu and Serjeant Brampston promoted to his Place in the Exchequer June 4th the Commons Vote 200000 l. to be raised by a Monthly Tax in Six Months after the Land Tax now in being be expired with a Clause That this be for the Disbanding of the Army by the end of this present June The next day they Voted the King 200000 l. more Towards the Defraying the expences of the Fleet. Soon after which the King sent them a Message by one of the Secretaries of State containing That His mind was still the same with what he delivered the 23 of May last That the Army and Fleet ought to be kept up till the expected Peace be concluded He also recommended to their Consideration whether it were not dishonourable for him to recal His Forces in Flanders from those Towns which he had taken into His Protection before they could provide themselves of other Succours Here upon they extend the time as to the Forces in Flanders to the 27 of July Saturday the 15th of June The Commons Resolved That after Tuesday following no motions should be made for any new Supplys of Money till after the Recess nor any more private Bills brought in till after the said Recess The Tuesday following the King sent for the Commons up to the Lords House and told 'em in a long Speech That the season requiring a Recess by the middle of next Month at farthest it is convenient that we part fairly and with a perfect confidence of one another Therefore he opens His Heart freely to them in some particulars of nearest concern That what he told 'em at the beginning of this Session concerning a Peace seems already to be determined at least as to Spain and Holland in which Peace His part will be not only that of a Mediator but also to give His Warranty in it That Spain writes word that unless England bares the charge of maintaining Flanders even after the Peace they will not be in a Condition to support it long That to this end it is necessary not only to keep up our Navy at Sea but to give the World some assurance of being well United at home That thô the House of Commons may think such a Peace as ill a bargain as War because it will cost them Mony yet if they seriously consider that otherwise Flanders had been lost perhaps by this time He believes they will give much greater Summs than this will cost rather than the single Town of Ostend should be in the French hands and 40 of their men of War in so good a Haven overagainst the Rivers Mouth That we cannot but be pleased to understand the Reputation we have gained abroad by having in 40 days rais'd an Army of 30000 Men and prepaired a Navy of 90 Ships Therefore if they desire to keep up the Honour of the Crown at home and look to the safety of the Balance of Affairs abroad and pursue the War of Algiers if they desire he should pass any part of His life in quiet and all the rest in confidence and kindness with them and other suture Parliaments if so That they must find a way not only to settle for His life His Revenue as at Christmass last but also to add a new Fund of 300000 l. Per annum upon which he will pass an Act to settle 50000 l. upon the Navy and Ordinance and shall be also always ready to consent to all such Laws as they shall propose for the good of the Nation Then he reminds 'em to inable him to keep His word with the Prince of Orange in the payment of His Neices Portion which is 40000 l. the first payment being now due and demanded by him This Speech being ended the Commons returned back and Voted His Majesty the thanks of the House for His gracious expressions in His Speech Yet nothing of importance was done that day but a Denial of the 300000 l. Per annum demanded and not only so but a motion being made for a Compensation on the lost part
Earl of Danby render himself to Justice by a certain day or in default thereof to be Attainted which Bill was read twice and committed In the mean time the Lords had past a Bill in their House for banishing and disabling the said Earl which being sent down to the Commons for their Concurrence was by them rejected as a Censure too favourable They also Vote an Address to be made to His Majesty That the said Earl be not permitted to reside in any of His Majesties Houses of Whitehall Somerset-house and St. James's Also another Address for a Proclamation to apprehend the said Earl and that no Subject presume to harbour or conceal him In the mean time the Bill of Attainder against the Earl of Danby was highly canvast at several Conferences between the Lords and Commons till at last on the 16th of April a Message is brought from the Lords House to acquaint the Commons That the Earl of Danby had the last night rendred himself to the Usher of the Black Rod and is committed by their Lordships to the Tower On the same 16th of April 4 of the 5 popish Lords in the Tower who had been on the 9th instant Impeacht gave in their Answers in Person viz. Powis Stafford Petre and Arundel but the Lord Bellasis being disabled by the Gout had his Answer received in Writing On the 20th of April the King was pleas'd to declare to His Privy Council His pleasure to dissolve them and to constitute a new one which for the future should consist of the constant number of 30 Members of which 15 to be certain viz. 1. The Arch-Bishop of Canterbury 2. Bishop of London 3. Lord Chancellor 4. One of the Chief Justices 5. The Admiral 6. Master of the Ordenance 7. Treasurer 8. Chancellor of the Exchequer 9. Privy Seal 10. Master of the Horse 11. Lord Steward 12. Lord Chamberlain of the Houshold 13. Groom of the Stole And the two Secretaries The other 15 elective at the Kings pleasure 10 out of the Nobility and 5 Commoners Besides these such Princes of the Blood as shall be at Court A Lord President and a Secretary of Stotland but these uncertain And according to this new Model so many of them as were in Court did the next morning being April 21 meet in the Council Chamber and were there Sworn Privy-Counsellors The same day His Majesty was pleased to acquaint the two Houses with what he had done and that He was resolved in all His weighty and Important Affairs next to His great Council in Parliament to be advised by this Privy Council After this viz. on the 24th day of April Nathaniel Reading Esquire was Tryed before my Lord Chief Justice North and several other special Commissioners of Oyer and Terminer sitting in the Kings-Bench Court at Westminster His crime of which he stood indicted was for endeavoring to stifle Bedlo's Evidence against the Popish Lords or at least to lessen the same which being proved by the Oaths of the said Bedloe one Wiggins his Man and one Mr Speke which two last Bedloe had hid privately in his Chamber to over-hear their discourse he was found guilty had Judgment to stand in the Pillory for an hour in the Palace-Yard Imprisonment for one year and fined 1000 l. Which Sentence was accordingly Executed About this time it was that the Bishops of Ely Gloucester and Bath and Wells were accused for Papists but the Accusation quickly fell it being discovered to be a malicious contrivance to blast their Reputation and fix a Scandal on the whole Order On the 25th of April the Earl of Danby and Lord Bellasis appear'd in Person at the Bar of the Lords House the Earl putting in his Plea and the Lord Bellasis his Answer The next day the Lords Stafford Arundel and Powis appear'd at the same Bar and having retracted their former Pleas to their Impeachments which appeared insufficient to the House of Commons put in their further Answers to the same After this on the last day of April His Majesty was pleased to send for the Commons to attend Him in the House of Lords and acquaint 'em by the mouth of the Lord Chancellor That he was ready to agree to any Laws to secure Religion so the Discent of the Crown in the Right Line be not defeated and therefore he is willing that a Provision be made First to distinguish a Papist from a Protestant Successor then to limit the Authority of the First in these particulars viz that all Church preferment may be confer'd on Pious and Learned Protestants That there may not want a Parliament on the Kings Death but that the Parliament then in being or the last that sat should at such time reassemble without any new Summons or Election That during the Reign of any Popish Successor no Privy Counseller no Judge at the Common Law or in Chancery shall be put in or displaced but by Authority of Parliament That none but Protestants be Justices of Peace so also for Lord Lieutenants Deputy Leiutenants and Officers in the Navy not to be put in or removed but by Authority of Parliament concluding that it is hard to invent any other restraint to be put on a Popish Successor yet if any thing else can occur to the Wisdom of the Parliament whereby to secure Religion and Liberty without defeating the Right of Succession it self that His Majesty is most ready to consent to it After the Consideration of this Speech had been Adjourn'd over from time to time It was at last Resolved on the 11th of May in the House of Commons in defence of the Kings Person and the Protestant Religion that they will stand by His Majesty with their Lives and Fortunes and that if His Majesty should come by any violent Death which God forbid that they will revenge it to the utmost upon the Papists And according to this Vote they drew up an Address on the 14th with this varation in the form of Words viz. We shall be ready to Revenge upon the Papists any violence offered by them to your Sacred Majesty The Words by them being neither exprest nor intimated in their Vote though essential and necessary to the Justice of the intended Revenge Further then this they took no notice of the Kings Resolution exprest in the said Speech but contrary to that Clause which related to the Succession on the 15th of May they brought in a Bill to Disable the Duke of York to Inherit the Imperial Crown of England which being Read the first time on the said 15th of May was on the 21st read again and Committed to a Committee of the whole House yet the House divided on the Question Yeas 207. Noes 123. But the Parliament being soon after Prorogued it never proceeded further In the mean time the two Houses of Parliament are very earnest in debating the Methods relating to the Tryals of the five Popish Lords in the Tower and the Earl of Danby which last being on the third of
He had made choice of Sir Lionel Jenkins to succeed him in the Place of Secretary who was accordingly Sworn of His Privy Council that day and took his place at the Board Before the end of this Hillary Term the Court of Kings Bench produced several remarkable passages relating to the publick For besides the Tryal and Acquittal of Sir Thomas Gascoin of which before on the 9th of February Thomas Whitfield John Smallbones and William Laud having been formerly indicted for a Ryot in tearing a Petition which was some time since carried about to get Subscriptions to it concerning the sitting of the Parliament being now tryed for the same at the Kings Bench Bar they were found Not guilty of the Ryot and onely Mr. Whitfield guilty of tearing the Petition but what offence that action did amount to was not at that time declared by the Court. About the same time several Booksellers were punisht for publishing Seditious and Scandalous Libels but above all the Sentence against Benjamin Harris the Publisher of the Weekly Domestick Intelligence is most observable who having been Indicted Tryed and found Guilty of Vending a Scandalous Libel called An Appeal from the Country to the City had Judgment on the last day of the Term To stand in the Pillory before the Old Exchange on the Tuesday following Imprisonment for One year Three years Good behaviour and Fined 500 l. the said Appeal to be burnt by the Common Hangman On the fifth of March His Majesty was pleas'd to issue out His Proclamation against Highway-men promising thereby the Summ of 10 l. to any one who should discover any such from the date of the said Proclamation until the second of March following which said Summ was appointed to he paid immediately on the Conviction of such Robber by the Sherif of the County and to be allow'd on His Accounts On the ninth of March the King issued out another Proclamation against such who under a vain pretence of Honor take upon them to be the Revengers of their private Quarrels in Duels and single Combat which ought not to be upon any pretence or provocation whatsoever strictly charging and commanding all his loving Subjects of what quality soeve hat they do not either by themselves or others by Message Word Writing or other ways Challenge or cause to be Challenged any Person or Persons to fight in Combat or single Duel nor Carry Accept or Conceal any such Challenge or Appointment nor actually fight any such Duel or as a Second or otherwise accompany or be assistant therein declaring further That He will not grant His Pardon to any Person whatsoever that shall fight or be any way aiding or concerned in such Duel where any Person shall be slain or dye of his Wounds received therein but will leave all such persons to the utmost rigour and severity of the Laws And that He will not suffer or endure any person or persons to be or remain at Court who shall presume to intercede for any person or persons offending against this Proclamation straitly charging and commanding by the said Proclamation all persons whatsoever who shall receive or know of any Challenge sent or delivered as aforesaid forthwith to give notice thereof to some of the Privy Council or some Justice of Peace near the place upon pain of His highest Displeasure and being left to the strictest rigour and severity of the Law On the 15th of April being the day to which the Parliament was formerly Prorogued the King then absent at Newmarket my Lord Chancellor by Commission under the Great Seal Prorogued it further to the 17th of May following the Duke of York being present in the House On the 17th of May it was further Prorogued till the first of July And now it was that those Counties which had been lately so active in promoting Petitions for the sitting of the Parliament began to be ashamed of such Actions and to recant The City of Westminster was the first whose Grand Jury by their publick and formal Act at their Sessions after Easter disown'd the said Action of promoting Petitions and charged it on certain Factious persons unknown to them this and more to this purpose they desired their Steward Mr. Withens of the Middle Temple to represent in their names to His Majesty which he did soon after and was Knighted for his Loyalty by the Name of Sir Francis Withens After this followed the like Addresses from the Counties of Surry Essex Middlesex and Norfolk which last mentioned County of Norfolk had this further Acknowledgment in their Message viz. Their humble thanks to His Majesty for recalling the Duke from Flanders To the same purpose ought not to be omitted what happened in my Lord Shandois his Case who having been elected by the Turkey Company of Merchants to go Ambassador to Constantinople and desiring His Majesty's Approbation the King was pleas'd to reply That he having countenanced and been engaged in the Business of a Petition about the Parliament which His Majesty lookt upon as derogatory to His Prerogative and tending to Sedition He could not think him fit for this Favour Hereupon the said Lord desiring to be called into the Council of Foreign Affairs at Whitehall Apr. 26. did there humbly acknowledge to His Majesty his fault in having been concerned in the said Petition alledging That he was misled and drawn in by being given to understand that that proceeding was for His Majesty's Service but that being since better informed he abhorred and disowned all such Practices and humbly begg'd His Majesty's Pardon for what was past After which the King was pleas'd to receive him into His Favour and confirm his Election to the Embassie About this time it was that a false and dangerous Rumour flew abroad and was spread about the Town concerning a Black Box reported to be found wherein was said to be contain'd a Writing importing a Marriage or Contract between His Majesty and the Duke of Monmouth's Mother which report coming to the King's Ear He was pleas'd to Summon the Council to meet extraordinarily on the 26th of April in which He declared the said report to be altogether false and that He thought Himself obliged in Honor and Conscience to have the matter throughly examined and searched into In order whereunto Sir Gilbert Gerard who was rumour'd to have seen some such Writing being called in was examined in Council his Royal Highness and all the Judges of the Courts at Westminster being present touching the truth of what was reported To which he answered upon Oath That he never had any such Writing committed to his Custody nor did he know of any such thing or had ever seen such Writing To all which he also subscribed his Name His Majesty declaring He resolved to use all means possibly to find out the Author of this Report And accordingly a Committee of Council did sit for a great while afterwards to sift into the Business On the fifth of May all the Judges of
His Purse That He would not have them meddle with the Succession of the Crown in the Right Line but proceed in the Discovery of the Plot and to the Tryals of the Lords c. After this the Chancellor making no set Speech the Commons return'd to their own House and unanimously chose for their Speaker Mr. Williams of Grays-Inn Recorder of Chester One of the first things the House of Commons did was to Purge their own House of certain Members Sir Robert Can a Burgess for Bristol for having said there is no Plot but a Presbyterian Plot Sir Francis Withins head Steward of Westminster and one of the Burgesses for the same for having Declar'd himself abhorrent to the late Tumultous Petitions for the Parliaments sitting The first of these was expell'd the House and Committed to the Tower the other only expell'd But both Order'd to receive their Censure on their Knees And several other Members were declar'd Guilty of the last mention'd Offence On the 30th of October the King Publisht a Proclamation promising His Pardon to all that within two Months shall come in and make any further Discovery of the Plot. And this was done upon an Address of Parliament In the mean time the Commons not satisfied in punishing their own Members who had appear'd against Petitioning for the Parliaments fitting they take notice of others who were without their Walls and among the rest Sir George Jeffreys becomes the Object of their Displeasure who being Recorder of London the Kings Serjeant at Law and Chief Justice of Chester is for the pretended Crime above specified on the 13th of November Voted a Betrayer of the Rights of the Subject and an Address Order'd to be made to His Majesty to remove him from all Publick Offices At the same time it was Order'd that a Committee enquire into all such Persons as have been advising or promoting the late Proclamation stiled a Proclamation against Tumultuous Petitioning But about the same time a matter of much greater concern was thus mannaged On the 11th of November was past in the House of Commons a Bill entituled An Act for securing the Protestant Religion by disabling James Duke of York to Inherit the Imperial Crown of England and Ireland and the Territories thereunto belonging Which Bill was on the 15th carryed up to the Lords House by my Lord Russel attended by almost all the Commons who gave a Hum at the Delivery They being departed it was read once and being put to the Vote whether it should be read a second time it was carryed in the Affirmative by two Voices On the second reading it was debated till 11 a Clock at night the King being present all the while and then thrown out of the House by a Majority of about 30 Votes in which Majority were all the Bishops then present which were 14. Several other matters were transacted in Parliament of great moment but in regard the Daily Votes and transactions of the House of Commons was by Order of that House daily made publick in Print I refer the Reader for Particulars to what has been publisht and in these Papers take notice only of some of the most material Passages Among which it may be observed that Mr. Seymour the late Speaker and for whose Election the Commons in the late short Parliament did very much stickle was now ordered to be Impeacht and thò not at the same time yet not long after Impeachments were Voted and drawn up against Sir Francis North Lord Chief Justice of the Common Pleas Sir William Scroggs Lord Chief Justice of the Kings Bench Sir Thomas Jones second Justice of the said Court and Sir Richard Weston Puisny Baron of the Exchequer for several pretended Misdemeanors In the mean time William Lord Viscount Stafford one of the 5 Popish Lords in the Tower was brought to his Tryal on an Impeachment of High Treason The Tryal began in Westminster Hall on Tuesday the 30th of November being the next day after the Term ended Which Impeachment and Evidence upon the same was managed by a Committee of the Commons The Tryal lasted for a Whole Week and The Evidence against him were Oates Turberville and Dugdale Of the Lords who sate upon the Tryal the Lord Chancellor being Lord High Steward 31 pronounced him not Guilty and 55 Guilty And accordingly Judgment was pronounced against him on Wednesday the 7th of December But his Execution was respited till Wednesday the 29th of December on which day he was Beheaded on Tower-Hill protesting with his last breath his Innocency as to those Crimes of which he stood Condemn'd It is observable that Bethel and Cornish being then Sheriffs of London and having received the Kings Writ for the Execution of the said Viscount Stafford by severing his Head from his Body according to the constant Course in such Cases had notwithstanding the Confidence to demur upon it whether he ought to be Beheaded or according to the Common Judgment hang'd and quartered and for this they apply'd themselves to the two Houses of Parliament To which the most Honourable House of Lords Answered roundly That the Kings Writ ought to be obey'd But the Commons by way of Concession viz. That they were Content that the said Lord be Executed by severing his Head from his Body only During these Transactions a Comet with a most Prodigious Stream of light appear'd in the West the Star from which the Blaze proceeded was but small and when first discover'd appeared not much above the Horizon but every night afterwards it appear'd higher and higher in the beginning of the Night and consequently setting later and later its Lustre and magnitude also decaying I am neither able nor willing to make any Remarques on the Nature of these Meteors Or to say how far such noxious Exhalations may incline Mankind to Mischief And least of all will I pretend to Interpret whether this Finger of the Almighty is thus seen in the Heavens to Point out Good or Bad Events All that I design is innocently to observe and Remember the Naked Matters of Fact as they happen without disguize or Comment Two things more very observable happen'd before Christmass One was An Address of the House of Commons presented to His Majesty on the 21st of December in answer to His Speech of the 15th wherein he demanded once more Supplies of Mony for the defence of Tangier The effect of the said Address was to deny in as modest Terms as could be all Supplies of Mony for that purpose unless His Majesty would be pleas'd to pass a Bill to Seclude the Duke of York from Inheriting to the Crown and to enable the Protestants of this Nation to Associate themselves for the security of the Protestant Religion the Defence of the King and Kingdoms The other was a most Remarkable Speech Spoke in the House of Lords by the Earl of Shaftesbury the King being then present at least wise so pretended and Printed which being full of Audacious and
very little the substance of what he had to say or discover being by him delivered to Dr. Hawkins Minister of the Tower for his Wife and therefore it is to be presumed that he Dyed no Papist in regard he had the assistance of a Protestant Minister which all Papists have been known to rerefuse on those occasions His Discovery is since Printed About this time several Factious People were committed to the Tower for High Treason namely Rouse Hayns White and one Colledge commonly call'd the Protestant Joyner But above all let it be remember'd that on July 2. the Earl of Shaftsbury commonly call'd by way of Excellency The Protestant Earl was before the Council at Whit hall to which the King came from Windsor that day on purpose accused of High Treason and for the same committed to the Tower and his Papers seized At the Sessions at the Old Bayly which followed soon after the Earl of Shaftsbury and the Lord Howard moved to be Bail'd but they were answered by the unanimous opinion of the Judges That it was not in the Power of that Court to Bail out of the Tower At the same Sessions it was that a Bill of Indictment of High Treason was delivered to the Grand-Jury of London against Colledge commonly call'd the Protestant Joyner but the Jury made for the purpose as is supposed appear'd so partial and Arbitrary in their proceeding that notwithstanding the home Oaths of several Witnesses among which were Dugdale and Smith two of the great Evidence against the Plotters and another who had been a Member of the House of Commons they brought in the Bill Ignoramus But another Bill being exhibited soon after to the Grand-Jury at the Assizes at Oxford against the said Colledge part of the Treasonable Words and Matters being Transacted there the Bill was found there on the same Evidence which was rejected at the Old Bayly And in August he was Tryed Condemn'd and Executed at Oxford The Weather that happen'd this Summer was memorable for an extraordinary Drought all over England and also beyond Sea all April May and June and some part of July but about the beginning of July fell such plentiful Rains that the Ground which in all parts was Scorcht up like the High-Ways almost to a miracle became as fresh and Green again as on May Day Dayseys and the other Flowers of the Spring appear'd again towards the End of July With Grass in abundance in some places and expectations of a second Hay-time to recompence the want of the first On the 28 of July the Parliament sate in Scotland where his Royal Highness Presided as His Majesties High Commissioner At the opening of the Sessions the Kings Letter was read setting forth That He had call'd them at that time to advise of such things as may truly conduce to the security and Interest of that Kingdom and as an eminent Expression of His Favor He hath named his most dear and most intirely beloved Brother James Duke of Albany and York to be His Commissioner there c. After this the Duke made a Speech Declaring the high esteem he had of the great Honor and happiness the King had been pleased to do him in making choice of him to serve as his Commissioner in that his antient Kingdom since it shews to all the World the Goodness the King hath for him and Confidence he hath in him and capacitates him not only to serve His Majesty as becomes a Loyal Subject but also to evince the real concern he hath for the good of that Kingdom and his readiness to serve it and improve its Interest That His Majesty had commanded him to assure them that he will inviolably maintain and protect the Protestant Religion as by Law Establisht in that Kingdom and the Church Government by Arch-Bishops and Bishops That he will maintain and allow the Properties and Rights of His Subjects according to the due course of Law and that he doth expect that they will not be short of the Loyalty of their Ancestors in vigorously asserting and cleering His Royal Prerogative and in declaring the Rights of His Crown in its natural and Legal course of Descent c. After this the Duke entertained the whole Parliament at a Splendid and Royal Feast The Lords by themselves and the Commons by themselves at several Tables On the First of August The Parliament returned a most Loyal and Dutiful Answer to His Majesties Letter which Answer being so mighty full of true Loyalty it would be an Injury to abridge it in this place every Line every word carrying the true and emphatical marks of gratitude and Duty I therefore refer to the Print Also in pursuance and Confirmation of their Loyal Affections on the 14th of Aug. the Parliament past a Bill entituled An Act acknowledging and asserting the Right of Succession to the Imperial Crown of Scotland By which they recognize and declare That the said Crown is by Inherent Right and the nature of the Monarchy as well as by the fundamental and unalterable Law of the Realm transmitted and devolved by Lineal Succession according to proximity of Blood and that no difference in Religion no Law nor Act of Parliament can alter or divert the Right of Succession and Lineal descent of the Crown to the neerest and Lawful Heirs and therefore they declare it High Treason by Writing Speaking or any other manner of way to endeavor the alteration suspension or diversion of the Right of Succession At the same time they past another Act ratifying all former Laws for the security of the Protestant Religion On the 31st of August Oates was by Order of Council expell'd from Whitehall his Sallery taken off and accused of Misdemeanors Great Numbers of Poor French Protestants about this time flockt over out of France to whom our King was so Gracious as by Act of Council to declare His Pleasure that all His Officers and Magistrates should give 'em the same Countenance and Favour with His own Subjects That He would take 'em into His Protection That He would grant 'em His Letters of Denization forthwith upon their request and That He would intercede with the next Parliament to obtain for them an Act of Naturalization He also granted very ample Letters Patents for Collecting Monies all over England for their Relief Dated the 10th of September this Year On Michaelmas Day being the Customary Day for the Annual Choice of the Lord Mayor of London Sir John Mooor an Addresser was Chosen into that Office for the Year Insuing tho' with a great and unusual opposition by the Fanatick Party The New Sheriffs were Alderman Pilkinton a City Member in the two last Parliaments and one Mr. Shute Which two New Sheriffs being employ'd to invite the King to the Lord Mayors Feast The King was Graciously pleas'd to accept of the Invitation and Declar'd That He liked the Message but not the Messengers This Summer the King was pleas'd to appoint under Him certain Deputies or
containing Their humble thanks to His Majesty for demanding their advice that accordingly they gave it they beseech Him to communicate to them His Resolutions thereupon and whereas they conceive that the Inconveniencies and Dangers which the Kingdom now lies under might totally or in a great measure have been prevented in case His Majesty had accepted of the Advice by them given in their Addresses of the 26 of May Last and the 31 of January That therefore he would please to remove those Counsellors that advised him to give those answers which he did to the said Addresses that he would please to accept of this Petition in good part as proceeding form persons heartily devoted to him c. In fine that he would please to remove the Duke of Lautherdale from His presence and Councils Which being read the King immediately returned Answer in these few words only That he was much Surprized at the Extravagancy of their Address and unwilling at present to give it such a due Answer as it deserves On the Munday following the King past several private Bills and then caused the Parliament to be Prorogued till Thursday come Sevenight being the 23 of this instant May by which means this Session which had been of a long Continuance by Adjournment was determin'd and all Bills and business in either House then Depending defeated and returned to the same State as when first moved But withal such Bills as had been rejected are now in a Capacity of being moved again which no Bill can be in the same Session when once rejected On the aforementioned Thursday the 23. of May the Parliament met again and the House of Commons being sent for by the Black Rod to attend His Majesty in the House of Lords the King delivered His pleasure to this effect That he is resolved as far as He is able to save Flanders either by a War or Peace which way he sees most conducing either ways he thinks it convenient to keep up His Army and Navy at Sea for some time till a Peace be concluded but leaves it to them to consider of Supplies for their Continuance or Disbanding and in either case not to discourage so many Worthy and Gallant Gentemen who have offerd their Lives and Service to their Country and that in pursuit of the Parliaments advice and Resolutions That a Branch of His Revenue is now expiring another part of it is cut off by a Clause in the Poll-Bill That he has borrowed 200000 l. upon the Excize at their request of all which they are to consider That he hath no Intentions but of good to them and His people nor ever shall Desires they will not drive him into extremities which must end ill both for them and Him and which is worst of all for the Nation desires to prevent all disorders and mischeifs that may befal by our disagreement but in case any do leaves it to God Almighty to Judge who is the occasion of it In fine That he will not for the future suffer the Course and Method of passing Laws to be changed by taking together several matters in one Bill This was immediately followed by a long but excellent Speech of my Lord Chancellor which thô something too large for the intended Brevity of these Notes must not be omitted The substance therefore contained That Holland is become resolved to seek all occasions they can of coming out of the War in regard the Spaniards fail them That the States to that end entred into a League Offensive and Defensive with His Majesty to obtain a Peace by force if it could not be had otherwise which promised Success till it was heard abroad that this League the onely thing by which His Majesty could oblige the States had been so ill understood at home as to meet with some very unfitting and very undeserved Reflexions and that they understood there was a Resolution of giving no Mony till satisfaction first had in matters of Religion which in all Countrys are the longest debates that can be entred upon and at this time should least have been stirr'd when they understood that the King had received an Address and had exprest His resentment of it then they concluded it was in vain to rely any longer on England for England was no longer it self All sides began to wish for Peace as well Spain as Holland and if the Cessation now endeavoured be effected no doubt but a Peace will follow What Influence that Peace will have is uncertain We have given no small provocation to a Mighty King it therfore concerns us to secure our selves by preserving Peace and Unity at home he that foments Divisions now does more harm to his Country than a Forrain Enemy can do no fear of Arbitrary Government can justify no Zeal to Religion can sanctify such a Proceeding He minds them of the Late times when Religion and Liberty were truly Lost by being made a handle and pretence for Sedition when Prelacy was calld Popery and Monarchy Tyranny c. and can we now endure to see men break the Act of Oblivion every day by reviving the Memory of forgotten Crimes in new Practices It s worth Consideration whether we do not bring some kind of scandal upon the Protestant Religion when we seem so far to distrust the truth and power of it that after so many Laws past to guard it and so many miraculous deliverancies from the attempts made against it we should still be affraid of its continuance Hath not the Late Act made it impossible for the most conceal'd Papist that is to get any kind of Imployment As little reason there is to be jealous of our Liberties and Property Can there be a greater evidence of the Moderation of a Prince and His tenderness of the Liberty of the Subject than to suffer as he does every day so much licentious and malitious Talk to pass unpunisht Search all Nations through all Ages and shew fewer greivances and less cause of Complaint and a happier people than we at are this Day He proceeded then to the matter of the Revenue to the same purpose with what the King had said before but enlarging Tells em The King will no more accept a good Bill how valuable soever unless it comes in the old and decent method of Parliaments that the late way of tacking together in one Bill several Independent and incoherent matters seems to alter the whole frame and Constitution of Parliaments takes away the Kings Negative Voice in a manner forcing Him to take all or none it takes away the Negative Voice too of the House of Lords by the same Consequence It looks like a kind of Defamation of the Government and seems to suppose the King and House of Lords to be so ill affected to the Publick that a good Bill cannot carry it self through by the Strength of it's own Reason and Justice without being helped by Clauses it gives up the greatest share of Legislature to the Commons