The Trial of William Howard Ld. Viscount Stafford in Westminster hall. His Execution on Tower hill. A. Ld. high Steward. B. B. The Peers in their Robes. C. C. The Commons. D The judges. E. The Prisoner. F. The Ks. Box. G. The Managers of ● Trial. H. The Evidence. HISTORICAL Collections: OR, A Brief Account of the most Remarkable Transactions of the Two Last PARLIAMENTS. Consisting of I. The Speeches, Votes, Accusations, Addresses, and Articles of Impeachment, etc. II. The Bills of Association, Exclusion, and Repeal of 35 Eliz. etc. III. The several Informations, Messages, Narratives, Orders, Petitions, Protestation of the Lords, and Resolves of both Houses, etc. IV. The Trial and Sentence of William Howard Lord Viscount Stafford in Westminster Hall, his Speech and Execution on the Scaffold at Tower Hill, with many other memorable passages and proceedings of the two last Parliaments, held and dissolved at Westminster and Oxford. V. A perfect List of each Parliament. VI His Majesty's Declaration, showing the Causes and Reasons that moved him to dissolve the two last Parliaments. The Second Edition. London, Printed for Simon Neale, at the Three Pigeons in Bedford street over against the New Exchange, Strand. 1682. TO THE READER. MEthod and Order are the chiefest Helps and Assistances of Memory. And therefore the ensuing sheets being only a bare and brief Collection of the most memorable and Important Passages which occurred in the two last Parliaments held at Westminster and Oxford we have observed that method and connexion in the series of Affairs, which is most acceptable to the Memory, by separating the perfect from the imperfect Matter, that the Reader may read, with more delight, the carriage of things, and make his own observations. To which end we have made no Comments or Reflections of our own, to show either favour or affection, partiality, or biased humour; contracting what might seem tedious, and cutting off the superfluities of a Diurnal way of writing. They that have not been so careful to preserve the loose Sheets of the daily Occurrencies, or have not had the opportunity to buy all the Narratives concerning the Popish Plot, may here find the substance of all together, and by the help of the Index at the latter end, have recourse to what ever they shall have occasion to bring to mind, within the short compass of those few Months. So that we doubt not but the benefit of the design will far exceed the price of the Volume. Some omissions there may be, but by those that have viewed these Sheets, 'tis not believed, that there are any of any great Moment. Whatever they are, 'tis hoped the Reader will pardon small defects and judge charitably of the work itself, considering the Variety, and the nicer nature of the several Subjects. For as for the Truth of the matter, there is no question of it, there being no where any deviating from Authentic Hands and Approbation. HISTORICAL COLLECTIONS. OR, TRANSACTIONS OF THE LATE PARLIAMENT, IN A DIALOGUE BETWEEN FAME and TRUTH. Fame. WHile the last Parliament sat, I was so tired with carrying News to and fro, from the City to the Country; then back to the City again, day and night, night and day, that upon the Dissolution of the Session, I resolved to retire altogether into the Country, to recruit myself, and refresh the wearied Pinions of my Wings. Truth. 'Tis a happiness I can seldom enjoy; for I still find myself so much abused and scandalised by Rumour and False Report, that daily affront me wherever I come, that I hate to come near a Market-Town, as I hate to tell a lie. Fame. That's the business which I come now to thee about, to seek a Remedy how to avoid this Inconvenience for the future. Truth. And hast thou found out the way, dost think? Fame. Yes.— For though the Parliament, last Session, took a most Excellent way, to give a daily account of their Proceedings, yet by reason of the many interferings of private with public business, people are confounded in their Memories, and forget the Coherence of the main Transactions, while they endeavour to separate the more from the less important. Truth. I must confess, indeed, that Order and Method are the main Assistances of Memory. Fame. Therefore I say, that if Thou wouldst but assist me in this Business, and recollecting thy just Memory, wouldst but give me an Exact, easy, and methodical Relation of the Proceedings of the late Session, without Animadversions or Flourishes, but plainly and impartially, I believe it would be very much both for thy advantage and mine too. Truth. That I shall most willingly do, not only for my own, but the advantage of all those that, as I am persuaded, read with more delight a successive and cohering, than a disordered, and interrupted Story. Fame. Thereby will Fame be beholding to Truth, for the Truth which she reports, and Truth be no less beholding to Fame for reporting the Verity of Things. Truth. Where then wouldst thou have me begin? Fame. Just where the Parliament itself began. For that, in the procedure of Affairs, is just like a full Stop and a Break in Writing. Truth. The Parliament then, as is well known, assembled, at the usual Places at Westminster, upon Tuesday the 21. of October in the year 1680. So soon as they were met, a Message was sent from his Majesty to the House of Commons by Sir Edward Carteret, Usher of the Black Rod, commanding the Members to attend him in the House of Peers. Whither the Commons accordingly repairing, his Majesty was pleased to declare himself to the effect as follows. That the several Prorogations he had made had been advantageous to the Neighbouring States, and useful to Himself; as having employed that time in makng and perfecting an Alliance with the Crown of Spain, suitable to what he had before with the United Provinces. That he had all the reason in the world to believe, that what was so much desired by former Parliaments must needs be acceptable to them. Which as they were the best Measures that could be taken for the safety of England, and repose of Christendom, so they could not but attain their ends, if our home-Divisions did not render our Friendship less considerable abroad. That for prevention thereof, he gave them all Assurances that nothing should be wanting on his part, to give them the fullest Satisfaction their hearts could wish, for the security of the Protestant Religion, which he resolved to maintain against all Conspiracies of our Enemies; and to concur with them in any proposed Remedies, that might consist with preserving the Crown in its Due and Legal Course of Descent. To which purpose he recommended to them the speedy Examination of the Plot, and that the Lords in the Tower might be brought to their speedy Trials. Then he laid before them the matter of Tangier, and the Expenses he had been at to relieve and maintain that place; upon which he desired their Advice and Assistance. But that which he valued above all the Treasure in the World, was a perfect Union at home, as being that which only could restore the Kingdom to that Strength and Vigour which it seemed to have lost. All Europe, he told them, had their Eyes upon that Assembly, so that a Misunderstanding of each other, would render the Friendship of England unsafe to trust to. Lastly, he exhorted them to take care not to gratify the public Enemy, and discourage their Friends, by unseasonable disputes, which if they should happen, the world would see, it was no fault of his, who had done what was possible for him to do, to keep them in peace while he lived, and to leave them so when he died. Concluding, that from their prudence and good affections, he could fear nothing of that kind; but that he relied upon them, that they would use their best endeavours to bring the Parliament to a happy conclusion. Having so done, he commanded the Commons to return to their House, and make choice of their Speaker. Fame. Did the Lord Chancellor make no Speech at all? Truth. Not this time. Fame. Do ye know the Reason? Truth. Not I, but only by conjecture, which has no place in this Rehearsal. Fame. Then Proceed. Truth. So soon as the Commons were returned to their House, a Motion was made, That William William's Esq might be elected Speaker. Which was presently resolved, Nemine Contradicente. Mr. Williams being thus chosen, modestly at first excused himself, telling the House, That he needed not to reckon up his Infirmities, which were better known to many of the Members than to himself. That as they had experience of his unfitness for their Service, so they had sufficient Demonstrations of the aptness of other Members then present. That the Choice of a Speaker was the Effect of much time and consideration, and that it would be no excuse for them to say, They had not time for deliberation in so great a Matter; and therefore, since they had time, a more deliberate Election would be expected from them. That the security of the Protestant Religion; the safety of the King and Kingdom, and the preservation of the Justice of the Land, were the Grand Affairs in prospect, enough to prevail with them to depart from their first Intentions of the Honour proposed to him that day. Acknowledging himself to be sufficiently honoured with the proposal alone. For which reasons he desired them, not only for his own sake, but for their Honour, to proceed to the Election of another Person more proper for their Service, and to leave him in that place where his Country had seated him. But this excuse being rejected by the House, he was by two of the Members conducted to the Chair, where being seated, he again spoke to this Effect, That he trembled to reflect, under what difficulties experienced, learned, and wise men had laboured in that Chair. Yet that he was not terrified with the Precedents of those who had impaired their Estates and Healths therein; nor of those who had lost their lives in the Service, as being Sacrifices he owed his Country. But when he considered that some Gentlemen had maimed their Reputations in their Trusts, those were the thoughts that wounded him most deeply, and would yet strike deeper, did not they that called him thither stand by him, to support him in all the difficulties of the Place. He farther acknowledged that he held the place by their courtesy, and during their pleasure, and that if he fell, he fell into the hands of Gentlemen, that made him what he was in their Service. Concluding, That he was theirs alone, and their own entirely, placed in their Service without seeking or recommendation; and that he expected no Boon, but by their Grace and Favour to depart as he came, when they should please to command him. The Ceremony of the Election being thus over, the House was informed that his Majesty had, appointed the next day at three a Clock, for the Members to present their Speaker, which made them adjourn till the next day in the Afternoon. The day following being the twenty Second of October, the House met again in the Afternoon, at what time a Message was delivered them by the Usher of the Black Rod, commanding them to attend his Majesty in the House of Peers. Thereupon the House attended accordingly, and humbly presented their Speaker to his Majesty, who presently made claim, according to Custom, in the Name of the Commons of England in Parliament assembled, of the ancient Rights of the Commons, for them and their Servants, in their Persons and Estates, to be free from Arrests and other disturbances; to have freedom and liberty of Speech in all their Debates, and to have access to his Majesty's Person, as occasion should require. All which was allowed by the King. Being returned to the House, the Speaker took the Chair, and having made report of what had been done, the House adjourned till Monday following. Fame. Hitherto I hear of nothing of Business. Truth. No more than what I tell you; for it was necessary that these matters of Form and Ceremony should be first dispatched. Besides that by these Acts of Condescension in the one, and Homage in the other, the King asserted his Prerogative, and the People by their Representatives acknowledged their Subjection. Fame. I am satisfied; go on to the next. Truth. On Monday then, being the twenty fifth of October, both Houses being met again, the first thing that found the Commons work, was a Message from the Peers by the Lord C. J. Schroggs, and the Lord C. J. North, acquainting them that they had made an Address to his Majesty, and had received his Majesty's Answer thereunto, which they thought fit to communicate. The Address, which was delivered to his Majesty by the Lords attending him with their White Staves, was to this Effect, That whereas there had been a discovery made of a horrid Conspiracy by the Papists against his Majesty's Person and Government, which still continued, that his Majesty would be Graciously pleased to issue out his Royal Proclamation, that all Persons who within two Months after the date of the same, should come in and give Evidence of any Treason or Conspiracy against his Majesty's Person and Government, should have a full Pardon for all such Treasons, Misprisions, and all Offences of Concealment, to the time limited by the said Proclamation. To which his Majesty's Answer was to this Effect. That having considered of the said Address, and being willing to encourage the discovery of any Treasons and Conspiracies, as aforesaid, he would issue forth his Proclamation accordingly, and pardon all such Discoverers according to the desires of the Address. Tuesday 26. of October, the Commons fell upon the Regulation of Elections of Members to serve in Parliament, and appointed a Committee to draw up a Bill or Bills, as they should see cause, for that purpose, more especially to take care to insert a Clause, that an Action of the Case might be brought and maintained for Damages sustained by undue Returns. Then taking into consideration the Message which had been sent them the day before by the Lords, They also in concurrence with the Peers, voted an Address to be made to his Majesty on their part, to request the same Pardons and Favour for limited Discoverers, as the Lords had already done. Which being done, Mr. Dangerfield (of whom I question not but that you have had a sufficient account already) was called to the Bar, there to deliver his knowledge concerning the Plot. Fame. That will be very necessary for my Packet. Truth. It will so; and therefore you shall have it as briefly as possibly I can sum it up. He declared to the House, That when Mrs. C. and He waited on the Lord Peterborough, to be introduced to his R. H. his Lordship asked him whether the Lady Powis had given him any directions how to discourse the D. and desired to know what they were. Whereupon he produced a little Book which contained a scheme of the pretended discovery he had made of the Presbyterian Plot. Wherein his Lordship finding some Omissions, ordered him to Write from his own Mouth, that the Presbyterians intended to rise in the North, and join with the Scots; which done, his Lordship carried him with Mrs. C. into the Duke's Closet at White-Hall, where he delivered the said Book to the Duke, who not only thanked him for it, and his diligence in the Catholic Cause, but wished him success in his Undertake. Adding withal, of what mighty consequence the Presbyterian Plot was, if well managed; and that he questioned not but that the effects of it would answer expectation, especially in the North, where he was assured of the Major Part of the Gentry. That after that his H. in the hearing of the Lord Peterborough ordered him and Mrs. C. to be careful what they communicated to such as were to be Witnesses in the Plot, for fear they should be caught in the Subornation. That the D. also informed them, that in a Month or two Cmmissions would be ready as from the Presbyterians, to which purpose he was ordered to find out trusty persons that would be ready to accept them, which should be delivered them by a person that should be known by them to be no other than a Presbyterian, that they might be the more fit to swear in the Plot. That the D. also for their Encouragement to proceed in that sham-Plott, promised them, that he would take care that Money should not be wanting, and bid them discover the same to the King with all expedition they could. That the D. made divers Vows and bitter Execrations to stand by them in the thing, and engaged on his Honour to be their Rewarder. That being withdrawn from thence to the Lord Peterborough's Lodgings, they continued there till his Lordship had introduced Sir Robert Peyton to the Duke. That about four days after the said Earl took the said M. D. again to the D's. Lodgings at White-Hall, who then told him that he had gained by his diligence a good reputation among the Catholics, adding withal, that he should in a short time see the Catholic Religion flourish in these Kingdoms, and Heresy torn up by the Roots. That the D. gave him twenty Guinies, and said, if he would be but vigorous in what he had undertaken already, he would so order it, that Mr. D's life should not be in the least danger, with several other Circumstances relating to the said Plot, too tedious to relate. Fame. 'Tis well enough, so long as here is the main, and chief substance of the rest. Truth. There is so; and we are not to make Enlargements, where we intent Epitome's. Mr. Dangerfield having made an end of his Relation withdrew. But the House taking a more particular notice, that he had made mention of Sir Robert Peyton in his Information, presently ordered a Committee to examine the matters touching Sir Robert Peyton, and to report the same, and came to a Resolution Nemine Contradicente, to proceed effectually to suppress Popery, and prevent a Popish Successor. Upon the twenty seventh of October, the Address of the Commons to his Majesty, in concurrence with the Lords, for a Proclamation, to assure all such Persons their Pardons, as should make their Discoveries within two Months after the date of the Proclamation, being prepared and finished by the Committee, was read in the House upon the Report of Mr. Treby; and ran much to this Effect, We your Majesty's most Loyal Subjects, the Commons of England assembled, being highly zealous for the preservation of the Protestant Religion, your Majesty's Sacred Person and Government, and resolving to pursue with a strict and impartial enquiry, the execrable Papist Plot, which was detected in the two last Parliaments, and has been supported and carried on by potent and restless Practices and Machinations, especially during the late Recesses of Parliament, whereby several Persons have been terrified and discouraged from declaring their knowledge thereof, most humbly beseech your Majesty, that for the security of such Persons, who shall be willing to give Evidence, and make further satisfactory discovery concerning the same to this House, your Majesty would be pleased to issue your Royal Proclamation, assuring all the said persons of your Gracious Pardon, if they shall give such Evidence or make such Discovery, within two Months after the date of the Proclamation. With this Address, the Speaker attended by several Members of the House, waited upon his Majesty the next day in the Afternoon. To which his Majesty was pleased to return his Answer to this Effect. That he did intend to direct such a Proclamation, and was resolved not only to prosecute the Plot but Popery also, and to take care of the Protestant Religion established by Law, adding, That if the House did but go on Calmly in their Debates without heat, that he did not doubt, but to beat down Popery and all that belonged to it. But to return where we left off, so soon as the report of this Address had been made; and that it had passed Approbation, the House fell the same day upon the business of Petitions, which they resented so high, that they came to several Resolves: First, that it was the undoubted Right of the Subjects of England, to Petition the King for the calling and sitting of Parliaments, and Redressing of Grievances. That to traduce such Petitioning as a violation of Duty, and to represent it to his Majesty, as Tumultuous and Seditious, was to betray the Liberty of the Subject, and contributed to the design of subverting the ancient Legal Constitutions of this Kingdom, and introducing Arbitrary Power. Which Resolves passing Nemine Contradicente, they appointed a Committee to inquire of all such Persons as had offended against the Rights of the Subjects. Thereupon the House being informed that Sir Francis Withens, one of the Members, had offended against the said Right of the Subject, he was ordered to attend the next Morning. After which they passed a Resolve, to make an Address to his Majesty, with a declaration of their Resolution to preserve and support the King's Person and Government, and the Protesstant Religion both at home and abroad. The next Morning, Sir Francis Withens appearing in his Place, according to the Order made the day before, the Clerk of the Peace for Westminster was ordered to attend the next Morning with the Roll of Orders for the last Easter Sessions for the City of Westminster. Fame. What could that signify? Truth. Thou mayst be sure they knew what they did. Fame. I guess the business. Truth. Why then dost interrupt me with thy Impertinencies? Fame. Thou knowest, I was always guilty of that fault and cannot help it,— but prithee now go on. Truth. Having thus done with Sir Francis for that time, they took Sir Robert Yeoman's and Sir Robert Can, a Member of the House, to task; for that they in October 1679, had publicly declared that there was no Plot, but only a Presbyterian Plot. The words were attested by Mr. Rowe the Sword-bearer of Bristol, and Sir John Knight a Member of the House also. To which Sir Robert Can being called upon by the House to make his defence, said little for himself, but only flung several reflecting and reproachful expressions upon Sir Robert Can. For which as for an offence against good Manners, he was presently ordered to receive a Reprehension from the Speaker upon his knees. Nor was this all, for Sir Robert being now withdrawn, the House proceeded to take the matters charged against him into farther Consideration, and after some time of debate, resolved, that it did appear by the Evidence given to the House, that Sir Robert Can was guilty of the words before mentioned, and ordered him as a Member of the House, to be expelled the House, and committed to the Tower. Whereupon he was presently called to the Bar and received the Judgement of the House upon his knees from the Mouth of the Speaker. As for Sir Robert yeoman's, he not being in Town, was ordered to be sent for in custody of the Sergeant attending the House. The next day being the twenty ninth of October, as they had been severe in punishing, so they they began to think of rewarding, and ordered that Dr. Tongue should be humbly recommended by the House to his Majesty, for the first considerable Church-preferment, that should become void in the Kingdom, and that such of the Members as were of the Privy Council, should represent the same to his Majesty. The same day the Address for the preservation and support of his Majesty's Person and Government, being prepared and finished, was read in the House to this Effect. That they did with most thankful hearts acknowledge, not only his Majesties many former Royal Declarations of his adherence to the Protestant Religion, but his farther Manifestation of the same, in his Gracious Speech to both Houses, at the opening of the Parliament. And therefore as the Eyes of all the Protestants abroad were upon them, and that looking upon his Majesty as the Royal Head of so many Protestant Countries, they could not but hope that his Majesty would be the greatest Protection to them, from whom the Kingdom has Reason to expect a Mutual Assistance as being invovled in the same Danger. They did humbly assure his Majesty, that they would be always ready to preserve his Majesty's Person and Government, and to support the Protestant Religion both at home and abroad. Beseeching his Majesty to esteem those that should otherwise represent them to his Majesty, as such who designed to divide between the King and his People, and defeat the meeting of Parliaments, that the Popish designs might succeed. Which has been made Evident by the Contrivance of a wicked design, to transfer the Gild of their own Crimes upon his Majesty's Loyal Protestant Nobility and Gentry. This Address being read and consented to by the whole House, they proceeded to the business of Sir Francis Withens, and to that purpose examined several Witnesses at the Bar. At length it appearing not only by the Evidence, but by the Confession of Sir Francis hmself, that he had presented an Address to his Majesty, expressing an abhorrency to Petition for the calling and sitting of Parliaments, it was Resolved, That he had betrayed the undoubted Rights of the Subjects of England: And Sir Francis was ordered to be expelled the House, and received his Sentence upon his knees accordingly. Saturday, the thirtieth of October, concluded the Parliamentary Transactions of this Month, and little occurred but that Mr. Secretary Jenkins acquainted the House, that his Majesty, being attended by such of the Members as were of the Privy Council, with the Address relating to Dr. Tongue, was pleased to answer, That he had already taken care of him, and would also take him into his farther Consideration. Then it was also that the Votes of the House were first ordered to be Printed, being first perused and signed by the Speaker, who had likewise Power to Nominate and appoint the Persons that were to Print the same. The same day also Francisco de Feria delivered his Evidence at the Bar of the House, concerning the Plot; the Effect whereof in short was, That being preferred to be Interpreter, and Secretary of Languages to the Lord Gaspar Abrew de Freitas, Ambassador in Ordinary for the Prince of Portugal to the King of England; That being in great Favour with the said Ambassador, he the said Ambassador did entrust him with several of his Secrets; and that at the Trial of the five Jesuits, being then private with his Lord, the Ambassador expresed much sorrow for the Oppression of the Catholics, and wished that Oats and Bedlow were made away; and then told him, that he might do the Catholic cause great Service, and might make his own Fortune, if he would join in destroying Oats and Bedlow: That 50000 Reales d' Ocho should be given for that piece of Service, and that two sufficient Persons should be joined with him to kill the said Oats and Bedlow. That afterwards understanding that Bedlow was not dead in Ireland, as had been reported, the said Ambassador renewed his Solicitations to him to kill Oats and Bedlow, promising to make good the said sum of Money to him, to pay his Debts and carry him into Portugal. That the said Ambassador tempted him to kill the Earl of Shaftsbury, by throwing a hand-Granado into his Coach as he was travelling upon the Road into the Country. That after the acquittal of Sir George, he was sent to the said Sir George to tell him from the Ambassador, That his Fortune and Estate were all at his Service, and so was his Princes. That the Catholics were all bound to pray for Sir Philip Floyd for his Generosity. To which Sir George replied, That had it not been for him, he had not been saved. That after the Trial was over, the Ambassador went to visit the Lord C. J. Schroggs in his Sedan with his Coach of State. That the Compliment was in Portugueze, interpreted by himself to this Effect, My Lord, I am come to visit you, as you are a Minister of State, and as I am sent as Ambassador from the Prince of Portugal to the King of England, and am likewise to thank you for the Justice you have done yesterday to Sir George Wakeman. To which my Lord C. J. answered, I am placed to do Justice, and will not be curbed by the Rabble. Which Information, amongst the rest, was Printed as it was delivered more at large, by order of the House. The same day also the Commons made new Resolves, Nemine Contradicente, to proceed to the full Examination of the Popish Plot, in order to the bringing of the Offenders to Justice. To which purpose they appointed a Committee to inspect the Journals of the two last Parliaments, and make their Report, and ordered an humble Address to be made to his Majesty, that all the Letters, Papers and Evidences, which had been delivered to the Privy Council, relating to the Popish Plot, might be delivered in to the House. And thus ended October. Fame. By the way, what became of the Address for the preservation of his Majesty's Person and Government? Truth. Thou shalt hear. For though the Address were made upon the Saturday before, according to his Majesty's appointment, yet, the House had no account of it in a Parliamentary way till the Monday following, which was the First of November. But first Mr. Secretary Jenkins made his Report concerning the Address that had been ordered to be made for delivery to the House of all Papers, Letters and Evidences concerning the Plot, in the Custody of the Privy Council; To which he gave an account in short, That they were already delivered to the Committee of Lords appointed for the examination of the said Plot. Which being done, Mr. Speaker acquainted the House with his Majesty's Answer to their Address, declaring their Resolutions to preserve and support his Person and Government, etc. which was to this effect. That he thanked them heartily for their Zeal to the Protestant Religion, and assured them that there should be nothing wanting both at home and abroad to preserve it. Little was done the rest of this day, nor much the beginning of the next, which was Tuesday the Second of November, till Mr. Treby having given a full Information to the House of all matters by him reported in the last Parliament relating to the Popish Plot, the House came to three most Remarkable Resolves, of which two were carried with a Nemine Contradicente. The first was, That the D. of York's being a Papist, and his hopes of coming to the Crown, had given the greatest countenance to the present designs and Conspiracies against the King and the Protestant Religion. Secondly, That in defence of the King's person and Government, and of the Protestant Religion, the House did declare, That they would stand by his Majesty with their Lives and Fortunes, and that if his Majesty should come by any Violent death (which God forbid) they would revenge it to the utmost upon the Papists. Thirdly, That a Bill should be brought in to disenable the D. of York to inherit the Imperial Crown of England. In order whereunto a Committee was appointed to sit and prepare a Bill. Upon Wednesday the third of November little passed of remark, only that the Lords by a Message desired their concurrence to an Act for the better Regulating of Peers in England; and that in the House of Commons a Resolve was made, Nemine Contradicente, That a Bill should be brought in for the better Uniting his Majesty's Protestant Subjects. Thursday the Fourth of January was less remarkable for business then the day beforegoing; unless I should trouble thee, Fame, to carry the relation of preparatory Votes, or the Examinations of breaches of privileges, or contests about Elections, which are nothing to the General Concernment. Fame. Thou art in the right, they are not for my purpose, and therefore thou dost well to leave it out. Truth. However I must not omit to tell thee, that the Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland, and the Dominions thereunto belonging, was this day read the first time. The next day being the Fifth of November the Houses were both adjourned till Saturday the Sixth of November; at what time the House taking into their Consideration the business of the dissenting Protestants, came to a unanimous Resolve, that it was The Opinion of the House, that the Acts of Parliament made in the Reign of Queen Elizabeth, and King James, ought not to be extended against Protestant Dissenters. And thereupon they ordered a Bill to be brought in for repeal of all or any part of the Act of Parliament made in the Thirty fifth year of Queen Elizabeth, Chapter the first, printed in the Statute-book of Pulton. This done, Mr. Jenison, being called in, gave his Information at the Bar, relating to the Popish Plot. At the conclusion of which, he was ordered to put it in writing, and present it to the House on the Monday following. The Sum of the Information was this. That about the beginning of the year 78. he had heard Mr. Ireland, and Mr. Tho. Jenison, both Jesuits, discourse of a design by the Roman catholics, to obtain a Toleration for the open profession of their Religion in England; which was to be done by collecting a good round Sum of Money among them, and bribing the Parliament. That they also discoursed of securing the Duke of Yorks succession, by granting out Commissions to those of the Religion to rise upon the death of the King. That he heard the said Ireland say at another time, that there was only one in the way who hindered that Religion from flourishing in England; and that it was an easy thing to poison the King by the means of Sir George Wakeman. That in August of the same year, coming from Windsor, he went to Mr. Ireland's Chamber, where he found him pulling off his boots, being as he said newly come Post from Wolverhampton. That discoursing of the King's pastimes at Windsor, and particularly of his going a fishing with a small retinue of two or three, the said Ireland made answer, that then he might be easily taken off. That the said Ireland offered him to quit him of a debt if he would be assisting to the taking off the King, urging how meritorious it would be, and how much to the glory of God. That upon his refusal, Mr. Ireland asked him if he knew any stout Irish Gentlemen? upon which he named Lavallin, Karney, and Brahal, together with one Wilson, an Englishman. Of which Gentlemen the said Mr. Ireland did approve as fit for the design. That at another time he heard Mr. Tho. Jenison say, that if C. R. would not be R. C. he should not be long C. R. Adding, that the King being excommunicate and deposed, he was no longer King. Having heard this Information, the Bill against the Duke's Inheritance was read a Second time, and two Resolves made. First, That the Bill should be committed to a Committee of the whole House. Secondly, which was done Nemine Contradicente, That the exclusion in the said Bill should not extend any further than the Person of the Duke of York only. After which the House adjourned till Monday the Eighth of November; the most remarkable passages of which day were, first a Conference with the Peers, managed by the Lord Privy Seal, at what time his Lordship did deliver to Mr. Hampden, and the rest of the Members, several Examinations in writing relating to the Popish Plot, acquainting them farther, That all other Papers of the same Concern, in the Custody of their Clerk, should be delivered to the Clerk of the House of Commons, upon his giving a Receipt for the same. The Second was the Release of Sir Robert Can from his imprisonment, upon his petition and acknowledgement of his offence. And The third was the Resolving of the whole House into a Grand Committee, to proceed in the Bill of Exclusion, which was done so effectually, that after several Clauses added, and Amendments made, the Bill was ordered to be engrossed. Fame. Was that Bill never to be seen? Truth. Yes, I have seen it myself in several Coffeehouses. And therefore to save thy longing, I will here briefly recite the Heads of it. Fame. That's as much as I desire, for the rest is but matter of Form. Truth. That whereas the D. of Y. was notoriously known to have been perverted from the Protestant to the Popish Religion, whereby not only great encouragement has been given to the Popish party to carry on a devilish Conspiracy for the destruction of his Majesty's Person and Government, but that if the D. should succeed to the Imperial Crown of this Kingdom, nothing would be more manifest than a total Change of Religion: Be it therefore Enacted, That the said I. D. of Y. be made for ever uncapable to Inherit the Imperial Crown of the Kingdoms of England and Ireland etc. And that if the said D. of Y. shall at any time hereafter challenge or attempt to possess or enjoy, or take upon him to exercise any Authority or jurisdiction within the said Kingdoms etc. That he shall be deemed Guilty of High Treason and suffer accordingly. And that all Persans that shall assist him in such Challenge or Attempt, or shall themselves attempt or endeavour to put or bring him into the Possession of the Regal Power, or by Preaching or Writing maintain that he hath any Right or Title to the same, shall be deemed Guilty of High Treason, and suffer accordingly. And that the said D. of York after the Fifth of November 1680 shall not return into any of the Kingdoms aforesaid; or if he do, he shall be adjudged Guilty of High Treason. That being so Guilty of the Treasons aforesaid, neither the Duke or any other Person, shall be capable of the benefit of any Pardon otherwise then by Act of Parliament, wherein in they shall be particularly named. All Magistrates, Officers, and other Subjects, are also empowered to apprehend the said D. or any other Persons offending in any of these Premises. The Act to extend no farther than the Person of the D. Lastly, The Act to be given in Charge at all Assizes and Sessions of the Peace, and to be openly read in all Cathedrals and Parish Churches, etc. upon the Twenty-fifth of December, and Easterday, during the life of the Duke. The next day being Tuesday, the ninth of November, the King sent a Message to the House in writing, by Mr. Secretary Jenkins, desiring the House, as well for the Satisfaction of his People as of himself, to expedite such Matters as were depending before them, relating to Popery and the Plot, and to rest assured, that all Remedies they should tender to his Majesty, conducing to those ends, should be very acceptable to him; Provided they were such as might consist with preserving the Succession of the Crown in its due and Legal Course of Descent. Then Mr. Turberville being called in, gave in his Information, first by word of Mouth, and when he had done, delivered the same in writing. The effect whereof (in short) was, That he living in the Family of the E. of Powis grew very intimately acquainted with William Morgan, Confessor to the said Earl and his Family; being a Jesuit, and Rector over all the Jesuits in those parts; and that he had often heard the said Morgan tell the said Earl, and his Lady, that the Kingdom was in a high Fever, and that nothing but blood-letting could restore it to health. That Father Cudworth, Guardian of the Friars at Douai, had told him, that this King should not last long. That in the year 1675 he was introduced into the acquaintance of the Lord Viscount Stafford at Paris, to whom he had great freedom, and liberty of access: Who at length, after many solemn promises of exacted secrecy, told him in direct Terms, That he might make himself and the Nation happy by taking away the Life of the King, who was a Heretic and a Rebel to God. Lastly, That he was present at Mass with the Lord Powis in Vere-Street, where the E. of Castlemaine said Mass in his Priestly habit. Wednesday the tenth of November little passed of Consequence, more than that the Peers sent down to the House of Commons for their Concurrence to an Act which they had passed for freeing the City of London and his Majesty's Court, and Parts adjacent, from Popish Inhabitants, and providing against other dangers which might arise from Papists. Then taking into Consideration the short Message sent them the day before by his Majesty, and delivered by Mr. Secretary Jenkins, they made two Resolves, That a Committee should be apppointed to draw up an Address to his Majesty in Answer to his speech And in the second place, That they would proceed in the Prosecution of the Lords in the Tower, and forthwith begin with the Lord Viscount Stafford. Fame. I have heard say, that several Addresses were made to his Majesty, for the Pardons and Maintenance of the several Witnesses that had given in their Informations. Truth. 'Tis very certain; and 'twas no more than what you might have related almost upon supposition. So that it will be enough to say, for the effects showed it to be real, That all the humble Addresses in that nature were answered. Besides that it is our business to pass over Things of lesser moment as lightly as we can. And thus from the tenth we come to Thursday the Eleventh of November, taken up for the most part with rectifying Elections, till Sir William Jones reporting, That the address in answer to his Majesty's last Message was ready, having read it in his place, delivered it to the Clerks Table; after which it was again read by the whole House, and agreed upon. Which being done, and the engrossed Bill of Exclusion this day read a third time; the Resolution of the House was, That the Bill should Pass, and that the Title should be, An Act for securing the Protestant Religion, by disabling James D. of York to inherit the Imperial Crowns of England and Ireland and the Dominions and Territories thereunto belonging; and the Lord Russel was ordered to carry it up to the Lords for their Concurrence. Friday the Twelfth of November some time was spent in reading the Engrossed Bill sent up on the Wednesday before from the Lords, for freeing the City and Court, etc. from Popish Inhabitants, etc. Of which, and of others no farther proceeded in, it is enough to speak of their transmitment from one House to another, as being such as died among the rest in the Birth. After this, and some Amendments made of the Returns for the Burrow of Haslemere in Surrey, Mr. Bourk, Mr. Macnamarr, and Eustace Comine, being severally called in, gave their several Accounts of some proceedings relating to the Popish Plot in Ireland. Of their Informations I shall briefly recite the Heads in their Order. That of Mr. Bourk was briefly thus, That being by the Kindness of one Major Butler admitted to the knowledge of the Earl of Tyrone, and by that means frequently keeping his Lordship Company in his pastimes both at home and abroad, he observed that the said Earl and the Major would be alway extrolling the French King, and praying for his Prosperity: That he farther observed a Continual resort of Papists and Suspicious Persons to the said Earls House: That being one Morning private with his Lordship, his Lordship told him, That he had intelligence out of France, that the French were very Powerful, and that Parlez Francois, would be plentifully heard in Ireland ere long. That in farther discourse, his Lordship drew out of his Pocket a great Quantity of Papers rolled up and delivered him to subscribe his name in one of them, and that upon a sudden Glance he could read the names of some that he knew to be persons ill affected to his Majesty and his Government. That upon his refusal to Subscribe, his Lordship called him Coward, and drew his Sword half out of his Scabbard to have killed him, but was prevented by the unexpected coming in of another Gentleman. That from that time forward his Lordship used several means to Ruin him, and threw him into Waterford Gaol. From whence he wrote five Letters to the Lord Lieutenant of his hard Usage, and what he had to say as to the Conspiracy; but could have no Answer. That being got out of Waterford- Gaol, he gave in his Informations against the said Earl at Dublin, where though his Lordship were bound over to answer the Informant at Waterford- Assizes, yet such was his power over the Judges and the Jury, that he easily got himself acquitted. So that finding Ireland then too hot for him, the Informant was forced to retire into England to make his Appeal. The heads of Macnamar's Information were these, That one William Bradley Esq a Justice of the Peace in the County of waterford, having first made him take an Oath of Secrecy, gave him to understand, that the Earl of Tyrone had received a Commission from the French King to be a Colonel of Horse, in the County of Waterford, and that the said Bradley was to be his Lieutenant Col. and therefore desired him to provide himself of Horse and Arms, and get as many as he could trust, promising him a Captain's Place. That after Bradley had unfolded to him the aforesaid Treason, he met with the E. of Tyrone, who asked him privately, whether Bradley had said any thing to him; who answering, he had; the E. bid him be very private, and then showed him a List of several that were to be Superior Officers in several Counties of Ireland, which he took special notice of, as knowing several of the Persons. That the said E. at the same time told him, that he had a Commission from the French King under his Hand and Seal, to be a Col. of Horse in the County of Waterford, and that there was hardly a County in Ireland, where Persons were not appointed by the French King for the same purpose, with other discourse of the same Nature. The Substance of Eustace Comins Information was this, That living with one Keadagh Magher, his Relation, in Karignisurie in the County of Tipperary, Treasurer for the Confederates in Ireland, he was privy to the Payment of several Considerable Sums to several Considerable Persons upon the account of the Plot, by the directions of Plunket▪ titular Primate of Ireland, Bremand Titular Archbishop of Cashel, and Powes Deane of Waterford; who had the disposal of the said Money. That there was a meeting of the Irish Clergy with the Titular Primate, at John Walshe's House, who was Lawyer for the D. of Ormond in the County of Tipperary, where they agreed to give every Judge that would go the Circuit, and befriend them upon Occasion 200 l. a piece. That the Sum of 200 l. was secured to Sir John Davis upon the same account, he being then a Judge at Clonmel, of which he was an Eye Witness. Lastly, after the recital of many other Circumstances, of his being pursued and imprisoned by Sir John Davis, and several other Justices of the Peace, Contrary to their duty, for his discovery, he affirmed that the Papists had Barbarously Murdered the said Keadagh Magher their Treasurer, when they found that he detested their design and was turned Protestant. The House having heard these Informations, ordered that an Address should be made to his Majesty for their several Pardons, and that his Majesty would be pleased to take them into his care and protection. After this a Message was sent to the Lords, to acquaint them with the Resolution of the House to proceed to the Trial of the Lords in the Tower, and that they intended to begin with William Viscount Stafford, and therefore desired their Lordships to appoint a day; as also that the Lords in the Tower might be confined, and kept from a Correspondence one with another, as Persons Impeached and Committed for high Treason ought to be. To which the Lords returned for answer, That as to that part of the Message, relating to Confinement and Correspondence, they had already given Order therein, as the House had desired; and for the latter, for appointing a day for the Trial, they did appoint Tuesday come fortnight. Thereupon they ordered a farther Address to be made to his Majesty, That all Papers, Writings, Examinations, and Evidences, relating to the Popish Plot, which had been delivered to the Clerks of the Council or the Secretaries, since the dissolution of the last Parliament, should be transmitted to the House; and ordered that Sergeant Maynard. Mr. George Pelham, and Mr. Paul Foly should be added to the Committee appointed to prepare Evidence against the Lords in the Tower. They likewise ordered, That another Address should be made to his Majesty, That he would be pleased to give orders for Issuing out a Sum of Money to defray the Charges of Summoning the Witnesses, and other Expenses incident to the prosecution of the said Lords. And farther that Such Money as his Majesty should be pleased to direct to be set out for the use aforesaid, should be deposited in the hands of Mr. Charles Clare. Fame. All this while you do not 〈◊〉 me how the Lords received the Bill of Exclusion. Truth. All in good Time. For it was impossible for me to interrupt the Series of the foregoing Orders that depended one upon another. You must know then in short, that this Bill as it was of great weight, so it occasioned a long debate in the House. But at length when it came to the Vote, it was utterly rejected by the Number of Voices; there being no less than Sixty three against the passing of it, and but Thirty one for it. Saturday the Eleventh of November, Mr. Secretary Jenkins acquainted the House, with his Majesty's Answer to several of their Late Addresses. That, as to the issuing out of Money for the Expenses of the Trials, he had directed a hundred pound to be paid to the Person that should be appointed by the House to receive it. That, as for the delivery of the Papers, writings, and Evidences concerning the Plot, upon the Sitting of the Committee of the Lords, he had directed them to be transmitted thither, where they remained, And that as for the pardons for the Irish Evidence, he would grant them all Pardons for all Treasons, Misprisions of Treasons, Felonies and outlaries for Felonies. Fame. All this while I hear nothing of the Address, which was ordered to be made in answer to his Majesty's Message of the Ninth of this Month. Truth. All that I can say is, that his Majesty appointed the House to meet him this very day at three of the Clock in the Banqueting House in order to that Address; But because I find no farther mention made of it in the Votes of the House, I made no farther Inquirie after it. Fame. Since than you have proposed so good a Rule to yourself observe it. Truth. 'Tis what I am bound to do, if I intent to be what I profess myself▪ To go on then, the next remarkable Passage of this day, was the forgiving Sir Robert yeoman's, who being called to the Bar, acknowledged the Offence he had committed; For which submission and his begging pardon, he was only put to receive the rebuke of the House upon his knees, and so discharged. Mr. Norris was then called in, who gave an Information in writing relating to the Popish Plot, which occasioned an Order, for appointing a Committee to receive Informations concerning the Popish Plot; to which Committee it wa● also at the same time referred, to examine the matter of Mr. Norris' Information and to report the same; of which more hereafter. Mr. Trenchard then reported from the Committee, to which the Petition o● divers Citizens of London against Sir George Jefferies, was referred, That the Committee had heard the Evidence on both sides, and that it was the Opinion of the Committee, upon the Evidence given them, that the said Sir George Jefferies by traducing and Obstructing Petitioning for the sitting of the Parliament, had betrayed the Rights of the Subjects. Upon which it was resolved that the House did agree with the Committee, and ordered an Address to be presented to his Majesty, for removing Sir George Jefferies out of all public Offices, and that the Members serving for the City should Communicate the Vote and Resolution of the House relating to Sir George Jefferies, to the Court of Aldermen. The Address was to this effect. That having received a Complaint against Sir George Jefferies, and having heard the Evidence against him, and his defence, and being satisfied that the said Sir George, to serve his own ends, to create a misunderstanding between his Majesty and his People, did declare the Petitioning of the Citizens of London for the Sitting of the Parliament, to be Tumultuous, Seditious and Illegal, and threaten that if they did so Petition there should be no meeting nor sitting of the Parliament, thereby traducing his Majesty, as if he meant not to pursue his gracious intentions, they did therefore most humbly beseech his Majesty to remove the said Sir George from the Chief Justiceship of Chester, and from all other his public Offices and Employments. They likewise appointed a Committee to inquire into all such Persons as had been advising or promoting the Proclamation, Entitled, a Proclamation against Tumultuary Petitioning, empowering them to that purpose, to send for Persons, Papers, and Records. Monday the Fifteenth of November, Mr. Secretary Jenkins delivered a short Message in writing from his Majesty, Intimating That his Majesty had at the opening of the Sessions, in his speech desired the advice and Assistance of his Parliament in Relation to Tangeir. The Condition and importance of which place, obliged him to put them again in mind that he relied upon them for the support of it: Without which it could not be much longer preserved. And therefore earnestly recommended Tangeir to the due and speedy care and consideration of the House. This Message being read and some other debates being over, Mr. Dugdale was called in, and gave his farther Information, relating to the Popish Plot in writing. The most considerable heads whereof were these. That about the Twenty first of September, 1678. He being in Company with Mr. Ewers and one Hosbon, amongst other discourse they both declared, That their design in carrying on the Plot, was to kill the D. of Monmouth as well as the King; which horrid Acts the Lord Stafford at the same time proposed for him to do. That in a Letter directed to Mr. Ewers, which he broke open and found to be the Lord Staffords hand, he read the following words, That things went well beyond the Seas for Carrying on the Plot, and hoped it did so here in England. And that for the pardoning of those that were concerned therein, Mr. Ewers told him, that there were several Indulgences, which he believed came from Ireland, to whom they were transmitted from Rome. That he very well remembered that there was a meeting of the Jesuits in April 1678. for that Mr. Ewers and other Jesuits went out of Staffordshire up to London, to be there at it. That several Sums of Money were collected from several Gentlemen in the Country to carry on the design; and that he himself received 500 l. of Mr. Vavasour and Mr. Gawen at Wolverhampton, which he returned up to Mr. Harcourt. That at another time Mr. Ireland told him, that when he came to London, he would give him Instructions how to proceed in his business; for that he could not well tell how the business went, till he had spoken with the Lords Bellasis and Arundel of Warder, who would prove the Loyallest persons for Trust and Counsel in the world. That at another time, questioning Mr. Ewers what Persons of Quality did countenance the design? He made answer, Several in several Places; and that the Lord Arundel of Warder was to undertake the most part of the design, and with the Lord Bellasis to give orders both as to the taking the King's life away, as also the D. of Monmouths, for the Establishing the Romish Religion and Government in this Kingdom. That rewards were agreed to be given to such as should deserve them; and that the Informant was to have an Equal share with one Capt. Aderly. Which rewards were to be distributed by the D. of York, the Lord Belasis, and some other Persons: it being alleged by the Conspirators, that there would be Lands enough of the Protestants to reward every one. That he had intercepted several Letters from St. Omers and Paris to Mr. Ewers, wherein mention was made of several Sums of Money laid out for Arms, particularly two Sums of 500 l. and 700 l. upon the account of the Popish Plot in England. That in September 1678. The Lord Stafford discoursing Mr. Ewers and the Informant in the great Parlour at Tixal, told them that the reason of his dissatisfaction against the King was, that he saw his favours rather disposed to Rebels and Traitors, than to those that had served him; which was enough, if there were not the Consideration of Religion, which was above all others. That at the General Meeting at Tixal in September aforesaid, the Lord Stafford, Lord Aston, and others, upon a full debate of all their preceding Transactions and Instructions for carrying on their design, resolved to confirm the Oath's which they had severally before taken, which was to kill the King, and Establish the Romish Religion in this Kingdom. At what time the Lord Stafford engaged to make good his promises to the Informant both of Money and other necessaries for his encouragement. Thursday the Sixteenth of November, nothing more was done, but only that the Bailiff of Westminster amended one of the Returns for that place, and put in Sir William waller's name instead of Sir Francis Withens: Which being done, the House adjourned till the next day, being Wednesday morning the Seventeenth of November. At what time they took into Consideration on his Majesty's Message relating to Tangier; and appointed a Committee to draw up an Address, to represent to his Majesty the dangerous Estate and Condition of the Kingdom, in Answer to the said Message. The same day also they ordered another Address to be made to his Majesty for the Removal of George Earl of Halifax from his presence and Councils for ever. The Substance of the Address was as follows, That being deeply sensible of the dangers and mischiefs occasioned to the Kingdom, by the dissolution of the last Parliament, and the frequent Prorogations of the present, and having just reason to believe that the said dissolution was promoted by the evil Counsel of the E. of Halifax. They did therefore most humbly pray his Majesty, for the taking away all occasions of mistrust between his Majesty and them, and for their greater encouragement, to perfect such matters as lay before them for the preservation of his Majesty's Person and Government, and the Protestant Religion, that he would be graciously pleased to remove the said Earl from his presence and Councils for ever. To which his Majesty returned for Answer, That he did not find the Grounds in the Address, to be sufficient for him to remove the said Earl. But he assured them, that whenever they should in a Due and Regular Course prove any Crime either against him, or any other Person, he would leave both him and them to their own Legal defence, without interposing his mediation. Thursday the Eighteenth of November, Mr. Treby was sent to the Peers, to desire their Lordships to communicate to the Commons such Writings and Evidences which they had received from the Clerks of the Council; to which the Lords readily condescended according to their desire. The next day being Friday the Nineteenth of the Month, Benjamin Harris, Bookseller, then and still a Prisoner in the King's Bench, ad sectam Regis, for a Fine of 500 l. for a Misdemeanour by him Committed, having presented a Petition to the House, the same was read, and thereupon a Resolve made, that Address should be presented to the King to desire him to Pardon the said Fine. After which followed an Order, that a Committee should be appointed to draw up a Bill for the ascertaining of Fines upon misdemeanours. The same day Serjeant Rigby reported from the Committee appointed to inquire after Obstructors of Petitioning, that the Grand-Juries of Devon and Somerset, were more especially found to be tardy, and that Capt. William Castle being summoned to attend the Committee, had contemptuously neglected so to do. Thereupon the House ordered that Sir Giles Phillips, Mr. william Stawel, Mr. Hutchinson, and Mr. Walrond should be sent for in Custody of the Sergeant of Arms. The same day Mr. Zeal, being called to the Bar of the House, delivered his Information at the Bar The Effect whereof in short was this; That being a Prisoner in the Marshalsea, Mrs. Celier came several times to him, and treated with him to be not only Instrumental himself, but to procure others to join with him to fire the King's Ships as they lay in harbour; as also to swear against the Earl of Shaftesbury such Articles of High Treason, as she should get ready prepared for him to that purpose. His Information being heard, the House ordered, that Application should be made to his Majesty for his Pardon, and some present Allowance. Other Applications were also ordered to be made to his Majesty in the behalf of Mr. Hethrington, and the Irish Evidence, for their Expenses and present Support; as also in the behalf of Mr. Smith, who had made a Considerable discovery of the Popish Plot, for some Eclesiastical Preferment. To which and some other Addresses formerly made, his Majesty, upon the meeting of the House the next day, being Saturday the Twentieth of the Month, by Mr. Secretary Jenkins, returned his distinct Answers. That as to the Address in relation to Sir George Jefferies, He would Consider of it. That as for Lewis, He would Pardon him all Offences but Perjury, and that Consideration should be had of a reasonable Allowance for him. That as for the Irish Evidence, That in regard of their number, and Circumstances of their Persons not yet well known, he had referred it to the Lords Commissionours of the Treasury. And, that for Mr. Smith, he would take him into Consideration. But the House not satisfied with his Majesty's Exception in the Pardon of Lewis, resolved upon another Address, That all Pardons granted to any of the Persons for whom Application had been made, should extend to all Crimes and Misdeameanours whatsoever, till the last of their respective discoveries. After which Mr. Trenchard reported from the Committee for Enquiring, after the Obstructors of Petitioning, that Information had been given them, that Examinations had been taken upon Oath by Five Justices of the Peace in Monmouthshire, viz. John Herbert, Henry Baker, William Herbert, William James, and Robert Gunter Esquires against John Arnold Esq for promoting Subscriptions to a Petition for sitting of the Parliament, and that the said Examination was sent up to the Council, and Exhibited in charge as an Article against the said Mr. Arnold, and Prosecuted by Thomas Herbert Esq The House ordered, That the said Mr. Tho. Herbert should be sent for into Custody. They also Voted Mr. Thomas Staples, and Sir Thomas Holt, Sergeant at Law, for the same offence guilty of betraying the rights of the Subject, and ordered them to be sent for in Custody, likewise to answer at the Bar for the Misdemeanours they had Committed. The same day Mr. Treby acquainting the House that he had made an Abstract in writing of several Letters and Papers relating to the Plot, it was ordered, that the said Letters and Papers should be Printed, and that Mr. Treby should take care therein. These Letters were soon after Printed and Contained several Correspondencies between Coleman, and the King of France's Confessor, the Pope's Internuncio, the Late Earl of Berkshire, St. German, Father Sheldon, all Agitators, and busy Sticklers for the Plot and the D. of Torks Interest. Together with several Instruments and Privileges granted by the Pope to the English and Scotish Roman Catholics, and Proselytes, found in the hands of the Five Jesuits, and Mr. Daniel Arthur. Fame. But what was contained in all those Letters? For I find them to be a great many. Truth. In the first place, a continued Intelligence of the Transactions and Proceedings of the Popish Party. In the next place a plain discovery of the Negotiations and Correspondency of the Duke with the Pope, the Emperor and the King of France. And lastly frequent importunities for Money and other Assistances for the Duke to carry on his most important designs, which were to make himself Master of the King, and prevent the sitting of Parliaments. Sir Gilbert Gerard then acquainted the House, that he had Articles of High Crimes and Misdemeanours against Edward Seymour Esq a Member of the House, which he gave in at the Clerk's Table. Upon which the House ordered Mr. Seymour a Copy of the Articles, and prefixed him a day to make his defence. Fame. Were there no Bills brought into the House all this while? Truth. There were several under debate and preparation: But because they never came to perfection, I shall only content myself to give you a List of them at the latter end of the Book, which will be sufficient to show you what was really intended. And so I come to Monday the Twenty second of November. Upon which day the most remarkable Occurrences were his Majesty's Answers to the Addresses of the House, First in behalf of Mr. Zeal, to which his Majesty was pleased to Condescend, in reference both to his Pardon and Allowance▪ Secondly, in behalf of all those for whom Application had been made, that their Pardons should be general for all Crimes and Misdemeanours whatsoever, without Limitation. To which his Majesty returned for Answer, That he would Pardon them for all Treasons, Misprisions, Felonies and Outlaries after Treason or Felony, and give order that a Noli prosequi should be entered to stop all Prosecutions against them for all Crimes and Misdemeanours whatsoever. But that his Majesty apprehended there might be some Inconveniency in granting Pardons so general as was then desired. However rather than the Trials should be hindered or Prejudiced he would give such order as should be agreeable to Justice. Tuesday the Twenty third of November, the Address for appointing a public fast and day of Humiliation through the whole Kingdom was reported and agreed to, and confirmed by the Concurrence of the Lords. The same day several Persons who had been of the Grand-Jury the last Trinity Term for the County of Middlesex, being called in, gave an account of the Proceedings of the Court of King's Bench in Reference to the discharging of Grand-Juries. Other Persons being called in, gave an account of the Charge given by Baron Weston the last past Summer Assizes for the County of Surrey: Upon the debate of which two Informations, it was resolved Nemine Contradicente, That the discharging of a Grand-Jury before the end of a Term, Assizes or Sessions, while business was depending before them, was Arbitrary, Illegal, contrary to the Judge's Oaths, and tending to the Subversion of the Fundamental Laws of the Kingdom; and that therefore a Committee should be appointed to Examine the Proceedings of the Judges in Westminster Hall, and report their Opinions. The next day being Wednesday the Twenty fifth of this Month an Address was resolved upon to desire his Majesty's favour, that all Dissenters prosecuted upon the penal Statutes of Queen Elizabeth, and King James, against Popish Recusants might be admitted to a Composition in the Exchequer without Paying Fees. The Attorney General being then called in, and Examined in reference to the Proclamation against Tumultuous Petitioning, and declaring that Sir Francis North was advising and assisting in the drawing up and passing the said Proclamation, It was thereupon resolved, Nemine Contradicente, That the Evidence given against Sir Francis North, was a Sufficient ground for the House to proceed against him upon an Impeachment for High Crimes and Misdemeanours: And ordered the Committee appointed to Examine the proceedings of the Judges to draw up an Impeachment accordingly. Thursday the Twenty fifth of November, nothing in the morning was done Conducing to the Series of this Relation; only that the Undersheriff of Norfolk being complained against, was ordered to be sent for, to answer several abuses and miscarriages laid to his Charge. But in the Afternoon according to Appointment, the House attended his Majesty in the Banqueting House with their Address for a Public Fast, to this Effect. That being deeply sensible of the sad and Calamitous Condition of the Kingdom, occasioned by the Impious and Horrid Conspiracies of the Popish Party; still persisting in the same detestable Machinations, notwithstanding the many discoveries by God's mercy and Providence brought to light, which impending judgement not being otherwise to be prevented but by Gods particular blessing upon his Majesty's Great Council the Parliament, they did in all Humility beseech his Majesty that a day might be solemnly set apart by his Royal Proclamation, to the end that by Fasting and Prayer the Goodness and Power of God might be implored to divert his Judgements and defeat the Wicked Counsels and devices of the Enemies. To which his Majesty's Answer was, That he would give order for a Day of Humiliation as was desired. Friday the Twenty eighth of November, his Majesty returned his Answer in the behalf of the Protestant Dissenters, That they should be discharged, and that without Fees, as far as might be done according to Law, and that they should be recommended to the Judges. The same day the House resumed the debate relating to the Impeachment of Mr. Seymour, and at length resolved, That there was matter sufficient in the Four Articles upon which to Impeach him. Whereupon an Impeachment was drawn up to this Effect, That whereas the Sum of Five hundred Eighty four thousand nine hundred seventy eight Pounds two shillings two pence was raised by Act of Parliament for the speedy building Thirty Ships of War, and thereby appropriated to that use; and whereas it was Provided by the said Act, That the Treasurer of the Navy should keep the said Money apart, and pay it forth to no other use or intent but only for the building and Rigging of the said Thirty Ships. Yet that he contrary to the said Act, and his duty did lend the sum of 90000 l. Parcel of the said Money, at Eight percent, for the support and continuance of an Army that then ought to have been disbanded by Act of Parliament, whereby two Acts were Eluded and the Army Continued, to the great hazard and danger of the Peace and Safety of the Nation. Secondly, That whereas the Pole-mony was raised by Act of Parliament to enable his Majesty to enter into an Actual War against the French King, and only for that use, And whereas certain Eastland Merchants did undertake to furnish his Majesty's Stores upon assurance of Forty thousand pounds, parcel of the said Money deposited in the hands of the said Mr. Seymour as was by him acknowledged, yet that he the said Mr. Seymour paid away the said Forty thousand pounds to the Victuallers of the Navy by way of advance, and for Provisions not brought in. Whereas by the Provision of the Act, the said Money should have been paid to the said East-land Merchants. Thirdly, That norwithstanding he had 3000 l. a year for attending the Office of Treasurer, yet that out of the Money appointed for secret service he received 3000 l. a year more, which was duly paid him, as well during the Sessions, as during the Intervals of Parliament; and particularly during the Prorogation of Fifteen Months. Fourthly, That on or about the Eighteenth year of his Majesty's Reign, during the Dutch War, the said Ed. Seymour being one of the Commissioners of Prize Goods did fraudulently and in deceit of his Majesty unlade a certain prize Ship taken from the Dutch without any Authority for so doing, and sell the Goods, pretending them to be only Muscovado Sugars, And accounted with his Majesty for such, whereas in truth the Ship was laden with Cocheneel, and Indigo, goods of great value. Saturday the Twenty seventh of November, nothing was done to the advantage of this Compendium, only that whereas the Commons had sent a Message to the Peers, to desire them to appoint a Committee to join with a Committee of theirs for adjusting the Methods and Circumstances relating to the Trials of the Lords in the Tower; the Lords returned their Answer this day, That they had appointed a Committee of their Members in Compliance with the Message of the Commons, to which purpose they had appointed five Lords to meet in the afternoon in the Court of Wards. Where upon the Commons elected ten of their Members to meet the said Lords according to the appointment. Monday, November 29. nothing was done remarkable to our purpose. In the afternoon, according to appointment the House attended his Majesty in the Banqueting House, where they presented him with their Address in Answer to his Message relating to Tangier, to this Effect. That having taken into their serious consideration his Majesty's late Message relating to Tangier, could not but account the present Condition of it, after so vast a Treasure expended to make it useful, not only as one Infelicity more added to the afflicted State of the Nation, but as the result of those Counsels which had brought his Majesty's Person and Kingdoms into those imminent Dangers, which at present surrounded them, that they were the less surprised to hear of the Exigence of Tangier, remembering that since it became a part of the English Dominions, it had been several times commanded by Popish Governors, in particular a Lord impeached, and in the Tower for the Popish Plot, and that the supplies sent thither consisted most of Popish Officers and Soldiers. And therefore as to his Majesty's recommendation of it to their Care, they did with all Humility and reverence Answer, That though in due time they should omit nothing incumbent upon them, for preservation of every part of his Majesty's Dominions, yet when such a storm of Ruin and Confusion threatened the Land, to come to any resolutions in that matter, before they were secured from the dangers arising from the Power of Popish Persons and Councils, they did not conceive would consist either with their duty or their Trust. Then they dilated upon the restless endeavours of the Popish Party, the miraculous discovery of their designs, and their Continued influence at Court, and the Arbitrary proceedings of corrupted Justice in the intervals of Parliament, all which they represented at large to his Majesty. And therefore out of their Allegiance to his Majesty, their Zeal to Religion, their faithfulness to their Country, they had upon mature deliberation proposed one Remedy of those great Evils, without which all others would prove vain and fruitless. So that if after all the Private Suggestions of the accomplices of the Popish Party should yet prevail to obstruct their faithful Endeavours, they should have this remaining Comfort, to have freed themselves from the Gild of that blood and desolation which is like to ensue. But yet that their only hope next under God was in his Majesty, that by his great wisdom and goodness they should be secured from Popery and all the Evils attend it: and that none but Persons of known Fidelity to his Majesty, and sincere affection to the Protestant Religion should be put into any employment Civil or Military; that while they should give a Supply to Tangier, they might be assured, they did not augment the strength of the Popish adversary nor increase the public danger. Which desires of theirs if his Majesty would vouchsafe to grant, they would not only be ready to assist his Majesty, in defence of Tangier, but do whatsoever else should be in their power to enable his Majesty to protect the Protestant Religion both at home and abroad, and to repel the attempts of his and the Kingdoms Enemies. Fame. What was the Answer which his Majesty was pleased to give to this Address? Truth. I find no mention of any in the account which the Commons gave of their own Transactions; which makes me forbear to insert the Vulgar Reports, And now between the next day, which was the Thirtieth of November, and the Eighth of December, you must expect a vacancy of Parliamentary business, both Houses being busied in the Trial of the Lord Stafford, from day to day till that time. For though the House did sit in the Afternoons, yet it was either to release Prisoners, or hear Petitions, which are things altogether out of our Diocese. The Trial began the Thirtieth of November 1680. and continued till the Seventeenth of December following. The first day, the Lord High Steward, Heneage Lord Finch, Lord High Chancellor of England, the Nobility, and the Commons of England, having taken their several and distinct places in Court, And the Prisoner being brought to the Bar, the Lord High Steward spoke to him to this Effect, That the Commons of England had impeached him of High Treason, for which he was then to he Tried, that he was not tried upon the Indictment found by the Grand-Jury, but prosecuted by the Loud complaints of the Commons, and to be tried upon the presentment of the Grand Inquest of the whole Nation. That he was to be therefore Judged by the whole Body of the House of Peers, where the balance would be exactly kept. And that therefore if his zeal had engaged him in such deep and black designs as he was charged with, he must expect to reap what he had sown. Admonishing him lastly, to hear with patience what should be said against him, The Charge being then read, the substance of the Impeachment was, I. That there had been a Traitorous Plot and Conspiracy both in England and other Places, to alter and subvert the Ancient Government, and true Religion established in the Land. which Plot was carried and contrived by Persons of several Qualities and Degrees. II. That for the accomplishing of the said wicked and traitorous design, he had agreed and conspired with others to imprison, depose and murder the King and to Subject the Kingdom to the Pope, and his Government. To restore the Abbeys, Monasteries etc. so long ago Suppressed, for their Idolatry and Superstition: And by that means to destroy his Majesty, Extirpate the Protestant Religion, and overthrow the Rights and Properties of his Majesty's Subjects. III. That he with the rest of the Traitors had held several Meetings and Consultations, where it was contrived and designed by what means, and what Instruments should be used to murder his Majesty. That it was there resolved to Effect the same by Poisoning, Shooting, Stabbing; and that at the same places rewards were offered to several Persons to execute the same. IV. That he with the rest had Consulted to raise Men, Money, Arms and Ammunition, and had Corresponded with the Pope, his Cardinals and Nuntio 's, and with other Foreign Ministers for the raising and obtaining of Men, Money, etc. for the raising of War within the Kingdom and invading the same with Foreign Forces. V. That he with the rest had procured and delivered out several Instruments and Commissions, made and granted by the Pope and other unlawful Authortities for the raising and disposing Men, Money, etc. and particularly for him the said Lord Viscount Stafford to be paymaster of the Army. VI That to hinder the discovery of the said Plot and to secure themselves from Justice, He with the rest had caused Oaths of Secrecy to be administered to the Confederates and the Priests to give them absolutions for their encouragement aforesaid to conceal the Conspiracy. VII. That he with the rest had contrived to lay the Imputation of their crimes upon the Protestants aforesaid. To this his Lordship's Plea was, That he was not Guilty, and for his Trial put himself upon his Peers. In the opening of this Impeachment Mr Sergeant Maynard beginning, told the Lords that the Charge was General and Particular; General, the Subversion of the Nation, Murder of the King, and suppression of the Protestant Religion, which General was charged in Particular upon the Prisoner, in regard that in a general design as this was, wherein so many were concerned, the Act of One is the Act of All, and the Act of All is the Act of every One. But his part being only to open the General Conspiracy, he made out the Universal Hatred of the Papists against the Protestants, by their continual Practcies of Murders, Massacrees and Treasons, in Spain, France, England and other parts of Europe, and their Doctrine of the Legality of deposing, and Killing Heretic Kings. Then bringing his Arguments home he called to mind the Murder of Sir Edmundbury Godfrey. The Tampering with Bedlow to corrupt and lessen his Testimony, and, Their Charging Oats with Infamous Crimes by falsehood and Subornation, to invalidate his Testimony. The particular Evidence was opened by Sir Francis Winington. Showing first, The extraordinary advantages the Papists had to enter upon the Conspiracy. The creeping of Papists at the bottom, and others that drove on their Interest into his Majesty's Councils. The easiness of some Men to favour the Papists: new projects set on foot for a Reconciliation between the two Religions, by distingushing the Church from the Court of Rome, Papists of Loyal and disloyal Principles. Which gave them great Encouragement to see how freely the Pen was drawn in their favour. The King's Commands of putting the Laws in Execution frustrated by the Public Ministers of their faction; and the severity of those Laws turned upon the Protestant dissenters. Lastly their great hopes of a Popish Successor. As for the proof of the Plot in general, he Cited the Attainders of Coleman and Langhorn, and several Priests and Jesuits; The Attainders of Sir Edmundbury Godfrey's Murder; and the Conviction of the Assassinator of Mr. Arnold. And in short the Convictions not only of Treasons, and Murders, but of almost all other Villianies whatsoever. To this he added, that proof would be made of the discourses of the Priests and Jesuits abroad, of the great alteration that would be in England e'er long. And that the King was a Heretic and might be destroyed, which Doctrine was dispersed by the industry of several in England. As to particulars against the Prisoner, he urged that proof would be made of his being at a Consult at the Lord Aston's House at Tyxal for the Killing the King. That he offered 500 l. out of his own purse for carrying on the Plot, and particularly that part of Killing the King. That the Prisoner himself had tempted one of the Witnesses to Kill the King, with several other Circumstances tending to that and the General design. Then Mr. Treby proceeded to call the witnesses to show the Universal Conspiracy. The first was Mr. Smith, whose Education had given him great Opportunities of knowing the inside of the Papists Affairs. He testified, That upon his first arrival in France he came acquainted with Abbot-Montague, Gascoyn, and several other Priests and Jesuits who promised him preferment both among them and in England, if he would turn Catholic, for that they did not doubt but that the Popish Religion would come into England very soon, as not questioning a Toleration first, by which they should bring it in without Noise: And Secondly, because their party was very Strong in England, and in a few years would be able to bring it in right or wrong. That Cardinal Grimaldi, whom he met by Accident in Provence, told him, he had great Assurances the Popish Religion would prevail in England; and that there was but one that obstructed it, who though a good natured Person, yet they could not so far prevail upon him, but that they must be forced to take him out of the way. That in Rome he saw Colemans' Letters and read them once a Month, wherein he gave Intelligence of several Passages, that happened in the Court; how that the Duke, the Queen, and the chief of the Nobility were of their side: How they carried Matters, what ways the Lord Clifford and Sir William Godolphin used to effect the work; and that they did not Question but to get the Lord Treasurer Danby on their side. That coming into England, he found the Popish Clergy of England of the same Opinion, that they did not doubt the Romish Religion would soon come in. That he knew nothing as to the Lord Stafford, but only that one Smith wrote a Letter up to the Lord Stafford out of the North, near where he lived, to complain of two or three Justices of the Peace that were active against Popery. Upon which Sir Henry Calverley was turned out of Commission. That upon the first Glimpses of the discovery, the aforesaid Smith, writing to the Prisoner whether he intended to make over his Estate or no? The Prisoners Answer was That several did, but he would not, in regard he expected a sudden alteration of the Government and Religion. Mr Dugdale being called next upon the General Plot, gave an account, That he had been acquainted with a design for bringing in the Popish Religion about Fifteen years. That he had been several times informed by Ewers, his Ghostly Father, that several Lords in several Parts of England were to carry it on, that is, that they were to have Money and Arms ready for those that wanted upon the death of the King. That he had seen several Letters from Paris, Rome and St. Omers, encouraging Mr. Ewers to go on and encourage the rest that were engaged. That he heard nothing till lately about Killing the King; That there came a Letter from the Prisoner to Ewers, to show that things went on all well beyond Sea, and hoped they did so here. That of late he had been with several Priests and Gentlemen in the Country, when they have had Consultations for introducing their own Religion and taking away the King's Life, which was always intended to be effected either in November, December, or January, 1678. That he received 500 l. at one time, which he gave to Mr. Ewers, who returned it to London to carry on the design. That it was agreed that the Lord Aston, Sir James Symons and others should go in October 1678. to dispose of a certain Quantity of Arms which they had received somewhere to the value of 30000 l. That he was by, when he heard it discoursed, that the King of France was acquainted with the design, and that he had promised to furnish the Papists with Men, and that he would not be wanting with other Assistances. That he opened a Letter sent to Mr. Ewers, dated the day of Sir Edmundbury Godfrey's Murder, containing this Expression, This night Sir Edmundbury Godfrey is dispatched. That Sir James Symonds, the Lord Aston, Mr. Draycot, Mr. Howard and Mr. Gerard, did to his knowledge contribute toward the carrying on of the charge for raising Arms and paying for them; and saw Letters from beyond Seas, that all things were ready as to the Arms and that there wanted only Orders how they should be disposed. That Mr. Gawen declared in the private Chapel at Boscobel, that whosoever was active for introducing the Romish Religion or killing the King, should have a free Pardon of all his sins. That he had heard that when the King should be killed, several should be provided with Arms, and rise of a sudden upon the Protestants and cut their Throats. That he had heard of Mr. Oates and Bedlow, before the Plot was detected, that they were Messengers entrusted, but no otherwise. That he saw a Letter from Whitebread to Oats, cautioning him whom he entrusted in the design not mattering who they were, so they were stout and trusty. That he heard the Pope had promised to assist the Irish with Men and Money, and that there should be nothing wanting on his part. Mr. Prance being next called, declared, That one Singleton a Priest, in the year 1678. told him at one Hall's a Cook in Ivy-Lane, that he did not fear but in a little time to be a Priest in a Parish-Church, and that he would make no more to stab forty Parliament Men, than to eat his Dinner. Dr. Oats being called, declared, That in the year 1676. he was advised by one Kemish, and one Singleton, both Priests, to hasten betimes home to the Church of Rome, for that the Protestant Religion was upon its last Legs. That being sent by the Jesuits to Valladolid, he opened certain Letters which the Jesuits in England had given him to deliver to their Correspondents; which Letters did express what hopes they had to effect their design in England for carrying on the Catholic cause, and for advancing the Interest of the Pope of Rome. That Coming into England with Letters to Strange Provincial of the Jesuits, he found Keines lying ill upon Strange's Bed, at what time Keines said he was sorry that honest William (meaning Grove that was hanged) had miscarried. All this in the year 1677. But generally that they had been brooding over their design long before the Fire. In 1678. He observed by several Letters that they were as busy in Ireland as in England, and that the Talbots and others were very busy in raising Forces, and were resolved to let in the French King, if the Parliament should urge the King to break with France. And that Morgan was sent into Ireland as a Visitor, to take an account of the readiness of the Irish. That in March, intelligence came to the Jesuits of an Attempt that had been made upon the King, but that he had escaped, through the negligence of Pickering in fixing the Flint of his Firelock. Mr. Dennis, an Irish man being then sworn, confirmed Dr. Oats' being in Spain, and particularly at Valladolid, where he knew him a Student: That from thence he carried a Letter from him to the Archbishop of Tuam, who in discourse told him that Oats would be a fit man for their Purpose, saying farther, that Plunket, the Titular Primate of Ireland, was resolved with the first convenience to go for Ireland, to carry over a French Power with him, to support the Roman Catholics in England and Ireland; and that he himself would not be long out of Ireland to assist in that pious work. That he had both heard of and seen money gathered in Ireland, for the support of the Plot. Then Mr. Jenison declared, that he had heard Mr. Ireland and Mr. Jenison, both Jesuits speak of a Design on foot to gain a Toleration, by procuring a great sum of Money from their Party, and bribing the Parliament; and also of securing the D. or York's Succession. That at another time he heard Mr. Ireland say, that the Roman Catholic Religion was like to come into England; and that there was but one stood in the way; and that it was an easy thing to poison the King. That at another time his Brother Jennison told him, that there was a design in England so laid, that it could not be easily discovered, and that the greatest Papists, and the greatest Catholics in England were in the design. That there was an Army to be raised, to bring in the Catholic Religion. And that at another time, one Mr. Cuffil a Jesuit declared, that he thought Mr. Coleman infatuated, to give notice to Harcourt, Ireland, and Fenwick, to burn their Papers upon the discovery of the Plot, and not to burn his own. Then the Clerk of the Lords Committee delivered in the several Attainders and Judgements entered upon Records, upon the Conviction of Coleman, Langhorn, and the rest. And upon the motion of Mr. Treby, the Attainder of Mr. Coleman was openly read in Court; in regard there was more of special matter in that, than in any of the rest; more especially among many other things; mentioning his proceeding, in Relation to the carrying on of the Plot, viz. his traitorous Correspondence with La Cheese, the King of France's Confessor; and with Monsieur Rovigni, the French King's Envoy in England, for the bringing in of a Foreign Force, to carry on the design. After which the Court adjourned. The next day being Wednesday the first of Decemb. The Court being sat, the Witnesses were called to give in their particular Evidence against the Prisoner, of whom the first was Mr. Dugdale, who being sworn, declared, That at a meeting at tixal, either at the latter end of August, or beginning of September, in the Year 1678, where several were present; the business of that meeting was to debate and determine upon their former Resolutions both beyond Sea, and at London before, both to take away the Life of the King and Introduce the Popish Religion, wherein they came at that time to a full Conclusion; and that the Prisoner, was there present, and did with the rest consent to it. That at another time, coming from Stafford to Tixal to Mass he made his Complaint to the Evidence, that it was a sad thing the Papists could not say their Prayers but in a hidden manner, but that ere long if things took Effect, the Romish Religion would be Established. That at another time, the Prisoner sending for him to his Chamber, commended his fidelity; and for his taking away the life of the King offered him 500 l. for his Charges and Encouragement, and that he should go to London with him and be under his care. That the Prisoner, giving the reasons at another time of his being such an Enemy to the King was, because he had been a great sufferer for the King, but not taken notice of, but that rather Traitors and Rebels were rewarded. Which was enough were not Religion in the case, which was of a higher Nature. That the Prisoner had told him, that in case he did kill the King, he should have a free pardon for it, the King being an Excommunicated Traitor and an Enemy to Jesus Christ. That he saw a Letter under the Prisoner's hand, to this Effect, That all things went well for carrying on the design, and so he hoped, they did here. Dr. Oats, being sworn declared, That while he was in Spain, he met with several Letters signed Stafford, wherein he assured the Jesuits that were of the Irish Nation, how Zealous he would be in promoting the Catholic design. In other Letters the Prisoner blamed Colemans' openness, and for Communicating great Secrets to Men, of whose fidelity his Lordship was not secure. That in the Month of June 1678. The Prisoner came to Mr. Fenwick's Chamber, and there received a Commission from him to pay an Army, or as near as the Dr. could remember, to be paymaster General of the Army, assuring Fenwick that he was going into Staffordshire and did not question but to give a good account how affairs stood, not doubting but at his return, Grove should do the business. Mr. Turbervile, upon his oath, declared, That being Cast off by his Relations for refusing to enter into Popish Orders, he was put to shift for himself, to which purpose he went beyond Sea, to seek for employment. That having spent some time at Paris without success, and being upon his Return into England, he was recommended to the Prisoner then at Paris, who being informed of his Condition, after he had been with his Lordship some time, told him there was a way whereby he might not only retrieve his Reputation with his Relations, but make himself a happy Man, and at length after many Obligations to secrecy, told him the King was a Heretic and a Rebel against God Almighty, and that it was to take away his life. To this the Prisoner made, first a general reply, That he looked upon the House of Commons as the great Representative Body of the Commons of England; and to be accused by them, was such a load, which so afflicted him, that he was scarce able to bear up under it. Which with other things had so disordered his sense and reason, that he scarce knew how to cheer himself to their Lordships, as he ought to do; and therefore with all Humility begged their Lordship's pardon, if he said that which might give offence, or urged any thing that might not be to the purpose. That he looked upon Treason to be the Greatest sin in the world. That as to the Doctrine of King-killing and absolving persons from their Allegiance, he could not say, the Church of Rome did hold it, he never heard so, it may be it did, it may be not. But that there was an English College of Priests at Rheims, that in their Annotations upon the Fourteenth Chapter of the Epistle to the Romans declared their dislike and detestation of this Opinion; and that the Doctors of the College at Sorbonne, owned it to be a damnable Principle. And that for his own part he did in the presence of Almighty God, solemnly declare, that he detested any such Opinion, as he did Damnation to himself. That the Managers began their Charge with telling their Lordships that there was a horrid design to Murder the King, etc. wherein the Roman Catholics, and all the Church of Rome were concerned; but how did that concern him? for that they had not offered one Proof, that he was of that Religion. That he was accused of having endeavoured to kill the King: But that all accusations of Treason ought to be accompanied with circumstances, Antecedent, Concomitant and Subsequent. And the whole Compass of his life, had been otherwise. That in the beginning his late Majesty had made him a Peer. That in the beginning of the war, he retired into Flanders; whence afterwards he came into England and served his Majesty Loyally and faithfully; and that he waited upon the present King in his Exile. That after he heard of the discovery of the Plot, had he known himself Guilty, he had a fair opportunity to have run away. That he was offered the Kings Pardon if he would confess his fault: If then after notice he came to Town, suffered himself to be taken, refused his Pardon, and yet had been guilty, he ought to die for his folly as well as his Crime. Descending to particulars, he desired, that the depositions of Dr. Oates, upon which he was committed by the Lord Chief Justice, the depositions of Mr. Dugdale taken in the Country by Mr. Lane and Mr. Vernon, and that of Mr Turbervil's taken before Sir william Poltney, and Mr. Warcup might be produced, that he might be able to confront what they had then sworn in Court. To which the Managers for the Commons replied, That if his Lordship could tell wherein the Witnesses had contradicted themselves, he might produce the Depositions. That what was sworn was entered in the Lords Journal two years before, whither any Man might repair, but after two years' time and three weeks given him to prepare for his Trial, to desire the producing of Depositions, which he might have done before, was only to gain time for the Viva voce Evidence to be forgotten, and therefore humbly prayed it might not be admitted. For that for a Prisoner to call for Depositions at the Bar from the Prosecutors, was a very strange and unreasonable demand. Nevertheless the Prisoner still urged the producing of the aforementioned Affidavit, affirming, Mr. Turbervile had sworn false in point of Time; as having sworn one Time in his Deposition, another in his Testimony at the Bar. The Prisoner was asked, whether there were any other variation than that of the Time, in Mr. Turbervile's Deposition; But his Lordship could allege no other that he knew of. Thereupon the Lord High Steward demanded of the Managers, why the Prisoner might not have the avail of his Exception. To which the Managers replied, That they were not conscious of any Variation, and that they were confident that if the thing were produced it would make against the Prisoner, for that the Variation to which the Prisoner excepted, had been corrected in time by the Evidence himself; however that they could not do it of themselves without the leave of the House. Thereupon the Lords withdrew to consider, and upon their return, the Lord High Steward told the Prisoner, That their Lordships found an Order entered, for his Lordship to have Copies of every thing that concerned him in that House; and that if he had not taken out Copies 'twas his fault. And that as for his demand of Turbervile's affidavit, their Lordships did not find any Obligation at all upon them (as a Court, to concern themselves in that Matter. To this the Prisoner submitted; however he desired, That the Journal and other Papers might be brought into Court, together with the two Affidavits of Dugdale taken by Mr. Lane and Mr. Vernon. To which the Lord High Steward made answer, that those demands were under the same Rule; that what Evidence was before the Court of Peers he should have, but as for the Evidence not in Court he ought to have come provided with it. This dispute being over, the Prisoner desired longer time, and fain would have had the Court have adjourned till the morrow after the next day. But this also the Managers of the Trial opposed, urging, what an advantage it would be to the Prisoner to choose his own time to answer their Evidence; instancing the endeavours that had been used to suborn and destroy Witnesses. Thereupon the Lords adjourned to their own House and after a short Stay sent word to the Commons, that they had ordered the Prisoner to be brought again to the Bar the next day by ten of the Clock. The Third and Fourth Day Was wholly taken up by the Prisoner in making his Defence. And first, he pleaded the Statute of the 13 th'. of this present King, by which no man is to be prosecuted but within so many Months. But to that he received a short Answer, that he was not impeached upon that Statute, but upon the Common Law, and the Statute of the 25 th'. of Ed. 3. which was only declarative of the Common Law; besides, that though the Statute of the 13 th'. of this King, limited the Prosecution of some Offences to be within six Months, yet the Prosecution for Treason might be at any time. After that, he fell to impeach the Credit of the Witnesses, thereby to render invalid the Testimony that had been given against him. His first Exceptions were against Mr. Dugdale, for that his Lordship was not at Tixal, as the Witnesses had sworn, neither at the latter end of August, nor at the beginning of September till the 12 th'. To this purpose, his Daughter, the Marchioness of Winchester; and one Mrs. Howard affirmed, the first, at the Trial of Sir George Wakeman, Mr. Dugdale should say, That he was to receive Orders from his Lordship in June or July, and that his Lordship was at a Consult at tixal in August. Mrs. Howard affirmed, that at the same Trial, being asked to be positive in the Month of my Lord Stafford's coming down, he said, that his Lordship came down in June or July; but that the Consult was in August, where the Prisoner was present. To which it was answered, that the Ladies did not agree in their Testimonies; one affirming, that the Witness swore he was to come down, and the other, that he did come down; and therefore, considering their Relations to the Prisoner, their Testimony was to be looked upon as partial. His Second Objection was, that when his Lordship was at Tixhall, he never sent for the Witness into his Chamber; but that the Prisoner's Servant, upon his own Request, brought him; and that there was no opportunity for private Discourse, because his men were in the Room all the while. For this, the Prisoner brought two of his Pages, Furnese and Leigh, who attested, that they were with his Lordship all the while that Dugdale was in the Chamber; that he did not remember that ever Dugdale was there but once; and that he does not remember, that ever his Lordship bid him go out of the Room. To which it was answered, That it was a hard Matter for men to come thus in the Negative, to remember how often Dugdale had been in my Lord's Chamber; and that it was a hard matter for a Servant to gain Credit, by saying, his Master never bid him go out of the Room in his Life: Things that might be done, and yet escape the Memory of a Servant of more Age, and less Inclination to serve their Masters. To which might be added, that the two Young Men were Servants to the Prisoner, and of the same Religion; there being also no small reason to believe, that more than ordinary practice had been used to prepare Evidence on the Prisoner's behalf: Besides, it was observed, that Leigh's Memory was something imperfect, not remembering that Dugdale was with his Lordship all that day, which his Lordship acknowledged, and the other Witnesses agreed. It was also remarkable, that Furnese was asked by the Lord High Steward, whether he ever saw Dugdale alone in his Life? He answered, Never in his Life. To which the Lord High Steward replied, Why, you saw them together that Morning you brought them to the Chamber. But to show, that it was not such an unusual thing for Dugdale and the Prisoner to be alone, two Witnesses were brought for the King, Hanson and Ansel, who swore, that they had seen them more than once alone in private Discourse together. The next thing the Prisoner endeavoured to prove, was, that Mr. Dugdale ran away from the Lord Aston's for Debt; to which purpose, he called Thomas Sawyer, who attested the same; and that he heard him say, he would be revenged of the Lord Aston, if ever it lay in his Power: And farther, that he took a Glass of Drink, in his presence, and wished it might be his Damnation and Poison, if he knew any thing of the Plot. To the first Objection, it was sworn, that the Discourse of the Country, was, that he went away for fear of the Plot; and three Justices of the Peace affirmed, that he was apprehended upon Suspicion of being in the Plot; who therefore tendered him the Oaths of Allegiance and Supremacy, which he took. Others swore, that Mr. Dugdale endeavoured to come to an Account with the Lord Aston while he was in the Tower; but that the Lord Aston refused to speak with him; and that one time, Mr. Dugdale going to the Tower upon the same occasion, one of the Lord Aston's Servants came where he was, and paying him a great deal of Respect, said, he was as honest a Gentleman as ever lived in a Family. Other Witnesses swore, that being Steward to the Lord Aston, there was no other person between his Lordship and him; but that he was next to my Lord, and governed the rest of the Family. That he had always had a good Report, not only with the Lord Aston's Tenants, but also with the Workmen, and those people that had Dependence upon the Family. As for Mr. Dugdale's Denial of his knowledge of the Plot, it was urged, that that proceeded only from the Apprehension of the danger he was in; especially before he had taken a Resolution to discover. The next Objection was, that he swore falsely, when he said, he told of the Letter about the Death of Sir Edmondbury Godfrey, before it was known he was killed; which was attested to the contrary by the persons, who were sworn to be the persons acquainted with the said Letter. But this was refuted by two Witnesses, that swore, the said persons were by, when the News was told; in Confirmation of which, two Gentlemen of Quality swore, that the Report of such a thing was spread all over the Country, before it was possible for it to come by the ordinary way of Intelligence. Besides, that one of the Prisoner's Evidence was an Ancient deaf Man; and so no wonder he should attest that he never heard of any such thing. The next Objection was, That he had corrupted persons to swear false against him and others, Robinson, Murral and Holt. As for Robinson, he was proved, by no less Persons than the Earl of Macclesfield, and one Mr. Booth, a Member of Parliament, to be a mere Scoundrel and Cheat, and one that confessed himself to be a Rogue. As for Holt, he was known to be a Vicious, Lewd Fellow; and one that had threatened to murder the King's Evidence, for coming in against the Lord Aston. As for Murral, who attested, that Money had been offered him by Mr. Dugdale, to swear against Sir James Simmons, and Mr. Howard; he was proved to be a poor needy Fellow that went vagabonding about the Country. But besides all this, in opposition to these Witnesses on the Prisoner's side, in this particular, other Witnesses were brought, who swore, that there, had been Endeavours to have suborned them to swear against Mr. Dugdale; of which one of them was proffered 700 l. to take off his Evidence, or destroy him; which was done by one Plessington, Steward to the Lord Bellasis: And that at another time they found a Letter, for him to subscribe for the blasting of Mr. Dugdale's Reputation. His Objection to take off the Credit of Dr. Oates, was this, That he said, he knew nothing of any other Persons engaged in the Plot; and yet after that, he accused the Queen. But Sir Philip Floyd being called upon by my Lord, to attest this Passage, could remember nothing of it. The Lord Privy Seal was also desired to declare his Knowledge in this Matter; but he remembered nothing of it neither. Neither did the Earl of Berkley remember any such thing said by the Doctor in the Council; but in the Lord's House, he remembered, that the Doctor being asked the Question, said, he had no more to accuse in relation to England, but that in Ireland he had. To which it was answered, that this was said after the Doctor had accused the Prisoner at the Bar, and so could not concern him. As to the Accusation of the Queen, it was not positive, nor of his certain Knowledge, but only Circumstantial Proof: And secondly, it might not be then so clear at that time to the Doctor, whether the Queen were a person capable of an Accusation; and then again, that the Answer of a Man to a sudden Question, who had said so much, and had so many things in his Mind, should be taken so strictly; and that he should be held for perjured, because that he did not at that instant remember that particular or the Queen, was a very severe Construction. His next Objection against the Doctor, was, that he went to be of the Popish Religion, and so was of that Religion which was Idolatry; and being a Turncoat from his Religion, was not to be credited. To which it was answered, that there had been Men of Great Fame in the Church of England, and of great Learning too, that had changed their Religion more than once. His Objections against Mr. Turbervill, were, that he had sworn, in his Affidavit, 73 and 76, for 72 and 75. But it was proved by Sir William Poultney, that he came the next Morning, before any body in the World had questioned him upon it, and rectified the Mistake upon his own accord. The next Objection was, That Mr. Turbervill was a Coward, and ran away from his Colours. But to that, Mr. Turbervill produced, in Court, an Honourable and Authentic Discharge from his Commander, under Hand and Seal, which was viewed by the Duke of Monmouth, and others of the Lords, without Contradiction. Next, he brought Furnese and Leigh again, to attest, that they never saw Turbervill with the Prisoner, at Paris; which was a Negative proved by his own Servants. In Answer to which, it was observed, That Turberville was introduced by greater Confidents than they were; and that it might be easy for Mr. Turbervill to come in the Company of such Persons, and the Boys not take notice of him. Another Objection was this, That Turbervill had sworn, he was not well used by the Lord Powis and his Lady, when he was well used. To attest which, he brought one to attest, that he was permitted to lie in a Room near the Lord Powis' Chamber. To which it was replied, that that Testimony might not hear what unkind Words might pass between them; or how he was thwarted in his Expectations from the Earl. And as to the Kindness of Mr. Turbervill's Relations, all that the Prisoner could prove, was, that his Brother and Sister had given him Seven Pounds never to see him more. The next Objection was, That Turbervill had sworn, that the Earl of Castlemain was at Powis-Castle such a time, which must be in the Years 72, 73, or 74; which he endeavoured to prove by the Attestation of one Lydcot, once a Servant to the Earl of Castlemain, and with him all those Years: But he was observed to be so out in his Calculation, so mistaken in the Year, and such an exact Follower of the Romish New Style, that Notice was taken of it by the Court. On the other Side, it was sworn by Mr. Arnold, That he had not heard a better Character of any Man, from all sorts of People, in his Life. By Mr. Hobby, That he had never known or heard, but that he had behaved himself like a Worthy, Honest Gentleman. By one Mr. Matthews, a Divine, that he never knew him guilty of an Evil Action; but that he was a person of a fair Reputation. By one Mr. Seys, That he never knew, in his Life any person, that could asperse him. The same also, or to the same Effect, was sworn by Captain Scudamore. It was farther objected, That Mr. Turbervill was a Stranger to the Prisoner, and that the Design of the King's Death, was too great a Secret for a Stranger to be acquainted with. To which it was answered, That the Quality of the Persons that introduced him to his Lordship, was to be considered. They were Priests, and therefore it was no wonder, that when they brought him to his Lordship for such a purpose, that they should prevail with his Lordship to give him Credit; and to deal with a person so likely in his Circumstances to make such an Attempt. But the main Objection was, That Mr. Turbervill had sworn, that his Lordship returned into England by the way of Calais, with Count Grammont; neither of which was true. To which it was answered, That Mr. Turbervill swore, only according to Information, and by a Lettet which signified to him, that his Lordship would return by the way of Calais; and he knew nothing of the Change of his Lordship's Resolution. That it appeared upon Oath, that Mr. Turbervill stayed at Diep, in expectation of his Lordships coming; but being informed, that he went another way, took the first Opportunity of a Passage; without which Information, there was no Reason for him to have invented such a thing; or to have advised his Companion to make haste to Calais, to take the Advantage of my Lord's Conveniency; a thing which he did out of Friendship. The Evidence on both sides, being thus closed, as it was thought, the Court adjourned, and the Lords being returned to their House, gave notice to the Commons, that they had ordered the Prisoner to be sent for again the next day by ten of the Clock. The First Day, being Saturday Dec. 4. The Prisoner being brought to the Bar, made a new Request, that he might call some Witnesses that he had forgot the day before, to impeach the Evidence that had sworn against the Credit of his Witnesses, and farther, to impeach those that had sworn against himself; which though it were at first opposed, as a thing not customary, was at length condescended to by the Managers, to spare the Lords the trouble of withdrawing. The first was the Lord Ferrer, as to the Reputation of Mr. Southal, one of Mr. Dugdale's Witnesses, who attested, that all he could say, was by Hear-say: That he had the Reputation of being active in the late Times against the King, and was counted a pernicious Man against the Government. In answer to which, the Lord Brook being desired to speak what he knew of the said Mr. Southal, gave him the CharaCharacter of an honest, an able, and a good Churchman; and Mr. Levenson Gower, called to the same purpose, gave him the Character of a Zealous Prosecutor of the Papists; and one of whom they that were principled by the Preservation of the King and the Protestant Religion spoke well. The next was one Dale, to whom the Prisoner put the Question, what he knew about Dugdale's offering him Money, and whether Dugdale never persuaded him to swear against my Lord Aston something he knew not? To which be answered positively in the Negative. After this, the Prisoner having summed up all his Objections before recited, against the King's Evidence, insisted upon several Points of Law. First, That there was no Precedent, that Proceedings Criminal did ever continue from Parliament to Parliament, this having continued three. Secondly, Whether a Man, in Capital Cases, was not to be proceeded against by Indictment, first found by a Grand Jury, and not by Impeachment either of a single Person or Body of Men. Thirdly, He conceived there was no Overt Act alleged in the Impeachment. Fourthly, He desired to prove they were not Competent Witnesses that swore against him; for they swore for Money. Fifthly, Whether a Man could be condemned for Treason by one Witness, there not being two Witnesses to any one Point. As to the First, it was answered, that it could be no doubt, in regard their Lordships had resolved, and sent it down to the Commons; and that it was entered in their Books as the Law and Constitution of Parliaments; that not only Impeachments, but all Judicial Proceedings, continue from Parliament to Parliament; that it was now the Law of their House, and consequently, the Law of the Kingdom. And therefore they having declared it, and sent it down to the Commons, they had good reason to proceed upon the present Impeachment. To the Second, That an Impeachment of the House of Commons, which is the Grand Inquest of the Nation, was more than an Indictment, and more effectual to bring an Offender to Justice. To the Third, That there were Overt Acts enough in Proof, and sufficient in the Impeachment; as the receiving a Commission to be Paymaster of an Army; the offering Money to a person to hire him to kill the King, and consulting with several persons met together about killing the King, and changing the Government of the Nation: All which were laid in the Impeachment, as fully as made out in Proof. To the Fourth, His Lordship insisted very much, that his Council might argue it, whether there were a necessity of two Witnesses to every Overt Act, alleged as Evidence of High Treason? But the Council for the Prisoner, waving the Argument, as a thing impossible, to apply themselves to the Study of a Case unforeseen; the Lords returned to their House to consider upon it. In an hours time they returned, and the Judges, according to Directions, delivered their Opinions in order, That if there were several Overt Acts, which were Evidences of the same Treason, if there were one Witness to prove one Overt Act, at one time, and another Witness, to prove another Overt Act at another time, both the Acts being Evidences of the same Treason, they were two sufficient Witnesses of the same Treason, and would maintain an Indictment, or an Impeachment of Treason. To the First, it was answered, That as to the hiring of the Witnesses to swear, it could be no point of Law, till the Fact be proved; that His Majesty's Grace and Bounty to his Witnesses, was no Objection to their Testimony, when every private person allows his Witnesses a Maintenance, without prejudice to his Cause. Neither would he tax the House of Commons, who were the Prosecutors, as his Lordship had proved, to their Advantage against himself. After this, the House adjourned, and appointed the Prisoner to be brought up again on Monday, by Ten of the Clock. The Sixth Day, being Monday, December 6. The Prisoner being again brought to to the Bar, a Petition was read, which he had presented to the House of Peers. That whereas he had something to offer to their Lordships, to clear himself; he therefore besought their Lordships, that he might offer some Things to their Lordship's Consideration. When he came to be heard, they were only the same Objections, somewhat varied, which he offered the day before, viz. Whether an Impeachment were to be prosecuted in Parliament without an Indictment? Whether words did amount to an Overt Act; and whether two Witnesses, in several places, did amount to a Legal Testimony? Upon which, being asked by the High Steward, whether he had any thing more to say? He went on again with new Repetitions, That he had not been proved a Papist; that he hoped he had cleared his Innocency, by making appear the Perjury of the Witnesses. Then, as if he had intended to make a kind of a Discovery, he told a long Story, That he believed, that ever since the Reformation, the Papists had had several wicked Plots and Designs, as Babington's, and the Earl of Westmerland's Plot, in the Reign of Queen Elizabeth; the Lord Grey's, Lord Cobham's, and Lord Brooks', in the Reign of King James. That he did believe, that Coleman's endeavouring, by Money out of France, to keep off Parliaments, was that which he could not justify by Law; and he did believe by the same Letters, that some Consultations had been had, for a Toleration; and that if he had known as much then, as he did since, he might have prevented many things. Then he fell again to his points of Law, and a third Repetition of his former Objections against the Witnesses; and at last, concluded with an Application to the Lords, courting their Consideration of his Innocence, and giving them to understand the great Confidence he had of their Justice and Impartiality. Being asked again, whether he had done? He would fain have prevailed again, for his Council to have been heard upon the points of Law beforementioned; But the Managers of the Trial replied, That there was nothing that deserved an Answer; that there had been nothing offered new, but what had been overruled already, unless it were a point of Law that arose upon matter of Fact not proved. That the last day, all had been said by his Lordship that he had to say; and therefore to begin the matter again, was a thing not to be admitted. After which the Court adjourned. The Seventh Day, being Tuesday, December 7. The Lords took their Places in Court, at what time, the Lord High Steward, attended by Garter, Principal King at Arms; the Usher of the Black Rod, collected the Verdicts of the Lords, beginning with the Youngest Baron; the Prisoner being absent. The Names of the Lords that found the Prisoner Guilty. LOrd Crew Lord Cornwallis Lord Rockingham Lord Astley Lord Leigh Lord Herbert of Cherbury Lord Howard of Escriek Lord Maynard Lord Lovelace Lord Grey of Wark Lord Brook Lord Chandois Lord North and Grey Lord Paget Lord Wharton Lord Ewer Lord Cromwell Lord Conyers Lord Viscount Newport Lord Viscount Falconberge Earl of Conway Earl of Macclesfield Earl of Sussex Earl of Guildford Earl of Shaftsbury Earl of Burlington Earl of Carlisle Earl of Essex Earl of Scaresdale Earl of Sunderland Earl of Winchelsea Earl of Stamford Earl Rivers Earl of Mulgrave Earl of Berkshire Earl of Manchester Earl of Westmoreland Earl of Clare Earl of Bristol Earl of Northampton Earl of Leicester Earl of Bridgewater Earl of Salisbury Earl of Suffolk Earl of Bedford Earl of Huntingdon Earl of Kent Earl of Oxford Duke of Monmouth Duke of Albemarle Duke of Buckingham Lord Privy Seal Lord Precedent Lord High Steward Duke of Cumberland The Names of the Lords that found the Prisoner Not Guilty. LOrd Butler of Weston Lord Arundel of Trerice Lord Hollis Lord Wootton Lord Lucas Lord Ward Lord Byron Lord Hatton Lord Drincourt Lord Norreys Lord Windsor Lord Ferrer Lord Morley Lord Mowbray Earl of Berkley Earl of Hallifax Earl of Feversham Earl of Alisbury Earl of Craven Earl of Bath Earl of Clarendon Earl of St. Alban Earl of Thanet Earl of Chesterfield Earl of Carnarvan Earl of Peterborough Earl of Denbigh Earl of Rutland Lord Chamberlain Marquess of Worcester Duke of Newcastle Being thus found Guilty, by the Surplusage of twenty four Voices, the Prisoner was brought to the Bar, and asked what he had more to say for himself, why Sentence of Death should not be pronounced against him, according to the Law? To which he made Answer, for respite of Judgement; That he never saw any Trial, where the Party tried did not hold up his Hand; which he never was asked to do. 2. That though he had been tried by the Act of 25 Ed. 3. yet there being nothing more in that Act, than what was included in the Act of the 13 th'. of this King, he humbly conceived, that by that Act, and the last Proviso in it, a Peer that is found Guilty of the Crimes therein mentioned, was only to lose his Seat in Parliament; and that was to be all his punishment. Which being all he had to say, the Court adjourned into the Lord's House, at what time, the Commons, with their Speaker, went to the Bar of the Lords, and there, in the Name of the Commons of England, demanded Judgement against the Prisoner. Whereupon the Lords took it into Consideration what Judgement was to be given: Some Debate there was upon the Matter; but at length, the Judges being demanded, gave in their Opinions, That there was no other Judgement for Treason, appointed by Law, but to be Drawn, Hanged and Quartered. The Attorney General also declared, That any other Judgement would be prejudicial to his Majesty, and be a Question in the Inferior Courts, as to his Attainder of High Treason. Whereupon it was ordered by the Lords, that the ordinary Judgement by the Law appointed, in Cases of High Treason, should be pronounced upon the Prisoner. Which being concluded, the Lords returned to the Court; and the Lord High Steward, attended by all the Officers beforementioned, upon their Knees, directed his Speech to the Prisoner, to this Effect. That what his Lordship had said in Arrest of Judgement, was found to be of no Moment at all, it being no Essential part of any Trial; neither was there any Record made of it when it was done. That as for the Provisoes of the 13 th'. Year of this King, their Lordships found, that they were in no sort applicable to his Lordship's Case; the proceedings against him not being grounded upon that Statute. That no Man would have thought, that a Person of his Quality, so nobly descended, so considerable in Estate, so eminent a Sufferer in the late Times, so interested in the Preservation of the Government, so obliged to the Moderation of it; and so personally and particularly obliged to the King and his Royal Father, should ever have entered into a Conspiracy, to contrive the Murder of the King, Ruin of the State, and Subversion of Religion; and yet his Impeachment amounted to no less, and the Lords have found him Guilty. That as the Plot in general had been most manifest; so his Lordship's Part in it had been too plain. Three things therefore he recommended to his Lordship's Consideration, That he was now fallen into the very Pit that he was digging for others. That he would think a little better than he had done, what kind of Religion it was that had brought him to the Destruction that was like to befall him. Lastly, That he would consider, that true Repentance is never too late. That there were some that thought it a Mortal Sin, to confess that Crime in Public, for which they had been absolved in Private; but that God forbid, his Lordship should be found among the number of those poor, mistaken Souls. Then assuring him, that their Lordships would not cease to pray, that the End of his Life might be Christian and Pious. He concluded, That it was then the last time he was to call him My Lord; for that his next words would attaint him: And having so said, he pronounced the Sentence of the Court; which was, That he was to be Hanged, Drawn and Quartered. The Day for Execution, being appointed to be the 29 th'. of the same Month, two Writs were issued out, under the Great Seal of England; the first to the Lieutenant of the Tower, in Form following. CAROLUS Secundus Dei Gratia, Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei Defensor ’ etc. Locumtenenti Turris nostrae London ' salutem; Cum Will ' Vicecomes Stafford, per Communes Regni nostri Angliae in Parliamento assemblat', de altâ proditione, necnon diversis aliis criminibus & offensis per ipsum perpetrat ’ & commissis, impetit ’ fuit, ac superinde per Dominos Temporales in praesenti Parliamento nostro convent', triat', convict', & debita juris forma attinct ’ fuit, & morti adjudicat ’, existit: Cujus quidem Judicii Executio adhuc restat facienda. Cumque praedictus Vicecomes Stafford in Turri nostra London,, sub custodiâ tuâ de●ent ’ existit: Praecipimus tibi & per praesentes firmiter injungendo mandamus, quòd in & super vicesimum nonum diem instantis mensis Decembris, inter horas nonam, & undecimam, ante Meridiem ejusdem dici, ipsum Vicecomitem Stafford, usque locum usualem extra Portam Turris praedict● ducas; ac ipsum Vicecomitibus Civitatis nostrae London & Middlesex, adtunc & ibidem deliberes: Quibus quidem Vicecomitibus, nos per aliud Breve eis inde direct ’, praecepimus praedictum Vicecomitem Stafford adtunc & ibidem recipere, ut fiat Executio Judicii praedicti, modo & formâ prout dictis Vicecomitibus London & Middlesex, per aliud Breve nostrum praedictum praecepimus: Et hoc nullatenus omittas, sub periculo incumbente, aliquo Judicio, Lege, Ordinatione, seu Mandato praeantea habit ’, fact ’, ordinat ’, seu dat ’ in contrarium non obstante. Teste meipso apud Westm. decimo octavo die Decembris, Anno Regni nostri tricesimo secundo. BARKER. Englished thus: CHARLES the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To the Lieutenant of Our Tower of London, Greeting. Whereas William Viscount Stafford has been impeached by the Commons of our Kingdom of England, in Parliament Assembled, of High Treason, and several other Crimes and Offences by him perpetrated and committed; and thereupon by our Lords Temporal, in our present Parliament convened, has been tried and convicted, and in due Form of Law, was attainted, and adjudged to die: Of which Judgement, Execution yet remains to be done: And whereas the said Viscount Stafford is detained, in your Custody, in our Tower of London, We charge, and by these presents firmly enjoining, command you, That in and upon the twenty ninth day of this Instant December, between the hours of Nine and Eleven, before Noon of the same Day, you conduct the said Viscount Stafford, to the Usual Place, without the Gate of the Tower aforesaid; and him then and there deliver to the Sheriffs of our City of London and Middlesex: To which Sheriffs, We, by another Writ to them directed, have given Command the aforesaid Viscount Stafford, then and there to receive; that Execution of the aforesaid Judgement may be done in Manner and Form, as we have given Command by our other Writ, to the said Sheriffs of London and Middlesex. And of this you are not to fail upon peril thereon to ensue: Any Judgement, Law, Ordinance, or Command before had, made, ordained or given to the contrary, notwithstanding. Witness Ourselves at Westminster, the 18 th'. Day of December, in the 32 d. Year of Our Reign. The Second Writ was directed to the Sheriffs of London and Middlesex in Form following. CAROLUS Secundus, Dei Gratia, Angliae, Scotiae, Franciae & Hiberniae, Rex, Fidei Defensor, etc. Vic ’ London, & Vic ’ Middlesex salutem; Cum Will ’ Vicecomes Stafford, per Communes Regni nostri Angliae, in Parliamento assemblat ’, de altâ proditione, necnon diversis aliis criminibus & offensis per ipsum perpetrat ’ & commissis ’ impetit ’ fuit; Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ’ triat ’, convict ’, & debitâ juris formâ, attinct ’ fuit, & morti adjudicat ’ existit: Cujus quidem judicii Executio adhuc restat facienda; praecipimus vobis, & per praesentes firmiter injungendo mandamus, quòd in & super vicesimum nonum diem hujus instantis Decembris, inter horas nonam, & undecimam, ante meridiem ejusdem diei, dictum Vicecomitem Stafford, extra Portam Turris nostrae London vobis tunc & ibidem deliberandum, prout per aliud Breve Locumtenenti Turris nostrae London directum, praecepimus, in custodiam vestram adtunc & ibidem recipiatis, & ipsum sic in custodia vestra existentem, statim usque usualem Locum super le Tower-hill ductatis: Ac Caput ipsius Willi. Vicecomitis Stafford, adtunc & ibidem amputari, ac à Corpore suo omnino separari faciatis, aliquo Judicio, Lege, Ordinatione, seu Mandato preantea habit ’, fact ’, ordinat ’ seu dat ’ in contrarium, non obstante: Et hoc (sub periculo incumbente) nullatenus omittatis. Teste meipso apud Westm. decimo octavo die Decembris, Anno Regni nostri tricesimo secundo. BARKER. Englished thus: CHARLES the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, etc. To the Sheriffs of London, and Sheriffs of Middlesex, Greeting. Whereas William Viscount Stafford, has been Impeached by the Commons of our Kingdom of England, in Parliament Assembled, of High Treason, and other Crimes and Offences, by him perpetrated and committed; And thereupon, by the Lords Temporal, in our present Parliament, convened, was tried, convicted, and, in due Form of Law, attainted, and is adjudged to die; of which Judgement, Execution yet remains to be done. We charge, and, by these Presents firmly conjoining, command you, That in and upon the 29 th'. Day of this Instant December, between the hours of Nine and Eleven, before Noon of the same Day, that the said Viscount Stafford, without the Gate of our Tower of London; then and there to be to you delivered, as by another Writ, to the Lieutenant of our Tower of London, directed, we have given Command, you then and there receive into your Custody, and him so being in your Custody, that you presently conduct to the usual place upon Tower-hill, and cause the Head of him William Viscount Stafford, then and there to be chopped off, and altogether separated from his Body; any Judgement, Law, Ordinance, or Command, before had, made, ordained, or given to the contrary, notwithstanding. And of this, upon penalty thereof to ensue, you are not to fail. Witness ourselves at Westminster, the 18 th'. day of December, in the 32 d. year of our Reign. Upon Wednesday the 29 th'. of December, about Ten of the Clock in the Morning; the Sheriffs received the Prisoner from the Lieutenant of the Tower, and conducted him to the Scaffold: Upon which the Prisoner being come, after a short pause, produced a Paper out of his Pocket, which contained the following Speech; which he read with his Hat off, and gave several Copies thereof, Signed with his own Hand, to Sheriff Cornish, and other Gentlemen about him. THE SPEECH OF WILLIAM HOWARD Late Lord Viscount Stafford, Upon the Scaffold on Tower-Hill, immediately before his Execution, Wednesday, Decemb. 29. 1680. BY the permission of Almighty God, I am this day brought hither to suffer Death, as if I were guilty of High Treason: I do most truly, in the presence of the Eternal, Omnipotent, and All-knowing GOD, protest upon my Salvation, That I am as Innocent as it is possible for any man to be, so much as in a Thought, of the Crimes laid to my Charge. I acknowledge it to be a particular Grace and Favour of the Holy Trinity, to have given me this long Time to prepare myself for Eternity: I have not made so good use of that Grace as I ought to have done, partly by my not having recollected myself as I might have done, and partly because, not only my Friends, but my Wife and Children, have, for several days, been forbid to see me, but in the presence of one of my Warders. This hath been a great Trouble and Distraction unto me: but I hope God of his Infinite Mercy will pardon my Defects, and accept of my good Intentions. Since my long Imprisonment, I have considered often what could be the Original Cause of my being thus accused, since I knew myself not culpable, so much as in a Thought; and I cannot believe it to be upon any other Account, than my being of the Church of Rome. I have no reason to be ashamed of my Religion; for it teacheth nothing but the Right Worship of God, Obedience to the King, and due Subordination to the Temporal Laws of the Kingdom; And I do submit to the Articles of Faith believed and taught in the Catholic Church, believing them to be most consonant to the Word of God. And whereas it hath so much and often been objected, that the Church holds, That Sovereign Princes Excommunicated by the Pope, may, by heir Subjects, be Deposed and Murdered: as to the Murder of Princes, I have been taught, as a matter of Faith in the Catholic Faith, that such Doctrine is diabolical, horrid and detestable, and contrary to the Law of God, Nature and Nations; and as such, from my Heart, I renounce and abominate it. As for the Doctrine of deposing Princes, I know some Divines of the Catholic Church hold it; but as Able and Learned as they have writ against it; But it was not pretended to be the Doctrine of the Church, that is, any point of Catholic Faith: Wherefore I do here in my Conscience declare, That 'tis my true and real Judgement, That the same Doctrine of deposing Kings, is contrary to the Fundamental Laws of this Kingdom, injurious to Sovereign Power, and consequently would be in me, or any other of his Majesty's Subjects, impious and damnable. I believe and profess, that there is one God, one Saviour, one Holy Catholic Church, of which, through the Mercy, Grace, and Goodness of God, I die a Member. To my great and unspeakable Grief, I have offended God in many things, by many great Offences; but I give him most humble thanks, not in any of those Crimes of which I was accused. All the Members of either House having liberty to propose in the House what they think fit for the Good of the Kingdom, accordingly I proposed what I thought fit: the House is judge of the fitness or unfitness of it: and I think I never said any thing that was unfitting there, or contrary to the Law and use of Parliaments; for certainly if I had, the Lords would, as they might, have some way punished me: So t am not culpable before God or Man. It is much reported of Indulgences, Dispensations, Pardons to Murder, Rebel, Lie, Forswear, and commit such other Crimes, held and given in the Church. I do here profess in the Presence of God, I never learned, believed, or practised any such things, but the contrary; and I speak this without any Equivocation or Reservation whatsoever: And certainly, were I guilty either myself, or knew of any one that were guilty, whosoever that were so, of any of those Crimes of which I am accused, I were not only the greatest Fool imaginable, but a perfect Madman, and as wicked as any of those that so falsely have accused me, if I should not discover any ill Design I knew in any kind, and so upon discovery save my Life, I having so often had so fair occasions proposed unto me, and so am guilty of Self-murder, which is a most grievous and heinous sin. And though I was last impeached at the Lords Bar, yet I have great grounds to believe, that I was first brought to Trial on the belief, that to save my Life I would make some great Discovery; and truly so I would, had I known any such thing of an ill Design, or illegal dangerous Plot, either of myself, or any other person whosoever, without exception. But had I a thousand Lives, I would lose them all, rather than falsely accuse either myself, or any other whosoever: And if I had known of any Treason, and should thus deny it, as I do now upon my Salvation, at this time, I should have no hope of Salvatition, which now I have through the Merits of Jesus Christ. I do beseech God to bless his Majesty, who is my Lawful King and Sovereign, who I was always by all Laws Humane and Divine, bound to obey. And I am sure, that no Power upon Earth, either singly or altogether can legally allow me, or any Body else, to lift a Hand against him or his Legal Authority. I do hold, that the constitution of the Government of this Kingdom, is the only way to continue Peace and Quietness; which God long continue. Next to Treason, I hold Murder in abhorrence, and have ever done, and do; and I do sincerely profess, that if I could at this time free myself immediately, and establish what Religion I would, and what Government I would, and make myself as Great as I could wish, and all by the Death of one of those Fellows that by their Perjuries have brought me to the place where I am, I so much abhor to be the cause of any man's Death, that I would not any way be the Cause of their Murder. How much less would I endeavour the Assassination of his Majesty, whom I hold to be as Gracious a King, as ever this, or any other Nation had, and under whom the People may enjoy their Liberties as much as ever any did: And if it please God to grant him Life and Happiness, according as I have always wished and prayed for, I am morrally persuaded, that he and all his Dominions will be as happy and prosperous as ever any People were; which I beseech God grant. I do most humbly ask Pardon of the Almighty and All-Merciful God, all the great Offences I have committed against his Divine Majesty; and I know he would not have the Death and Confusion of a Sinner, but that he may repent and live: in that Assurance I hope, knowing he never despiseth a Contrite Heart; and though I have not so feeling a Contrition as I would, yet I have it as well as I can; and I doubt not, but that God will accept of the Good Will. I desire, that all People will forgive me any injury that I have done them in any thing, either wilfully or by Chance; and I do heartily-forgive all People in the World that have injured me; and I forgive even those perjured Men that so falsely have brought me hither by their Perjury. I do now upon my Death and Salvation aver; that I never spoke one word either unto Oats or Turbervill, or to my knowledge; ever saw them until my Trial; and for Dugdale, I never spoke unto him of any thing, but about a Foot-by, or Footman, or Foot-race; and never was then alone with him. All the punishment that I wish them, is, That they may repent, and acknowledge the Wrong they have done me; than it will appear how innocent I am. God forgive them, I have a great Confidence, that it will please Almighty God, and that he will in a short time bring Truth to Light; than you and all the World will see and know what injury they have done me. I hope I have made it appear that I have some Conscience; for if I had none, certainly I would have saved my Life by acknowledging myself Guilty▪ which I could have done, tho' I know I am not in the least Guilty. And I having some Conscience, make very ill use of it; for I throw myself into Eternal Pain, by thus plainly and constantly denying thus at my Death, the Knowledge of what I am accused of in the least. I have said thus much in discharge of my Conscience, and do aver, upon my Salvation, what I have said to be really true. I shall say little of my Trial; and whether it were all according to the known Law, I am too much a Party to say much of it; if it were not so, God forgive him or them that were the cause of it. My Judges were all Persons of Honour, who were all as much bound to judge rightly, as if they had been upon Oath upon what was legally proved; and not to Vote, but according as in their Consciences they were satisfied; and if any of them did otherwise upon any account whatsoever, I beseech God forgive them, I do so heartily. I shall end with my hearty Prayers for the Happiness of his Majesty, that he may enjoy all happiness in this World and the World to come, and govern his people according to the Laws of God; and that the People may be sensible what a Blessing God hath so miraculously given them, and obey him as they ought. I ask Pardon, with a prostrate Heart, of Almighty God, for all the great Offences that I have committed against his Divine Majesty, and hope through the Merits and Passion of Christ Jesus, to obtain Everlasting Happiness; into whose Hands I commit my Spirit, ask Pardon of every person that I have done any wrong unto: I do freely forgive all that have any ways wronged me; I do with all the Devotion and Repentance that I can, humbly invoke the Mercy of our Blessed Saviour. I beseech God, not to revenge my innocent Blood on the Nation, or on those that were the Causers of it, with my last Breath. I do with my last Breath, truly assert my innocency, and hope, the Omnipotent, Allseeing, Just God will deal with me accordingly. Having read out his Paper, he desired permission to pray after his own Form; which being granted, he kneeled down by the Block; and pulling another Book out of his Pocket, read a Latin Prayer; which when he had concluded, he gave the Paper to Sheriff Bethel; and then directing his Speech to the People, he desired God to bless them all, and to preserve his Majesty, whom he exhorted the People to faithfully obey, being as good a Prince as ever governed them; and so after some short Discourses, in Private with his Friends, he stretched himself upon the Block, and bidding the Executioner take his Opportunity, his Head was soon severed from his Body, and held up to the view of the People. The Trial being thus over, the House was again free for Business. Wednesday the 8 th'. of December, was the day subsequent to the Sentence; but in regard it was only spent in amending Elections, and discharging Offenders upon their Petitions, we are obliged to pass it over. The next day, being Thursday the 9 th'. of December, Colonel Birch reported, from the Committee, appointed to examine the Matter of Information, given by Mr. Peter Norris, that the Committee, having taken the same into their Consideration, had not thought fit to come to any Resolution therein; but had ordered him to report the Matter specially, which he did, accordingly to this Effect. That upon the Complaint of Mr. Norris, that several Papers had been taken from him, sent for the said Papers, then in a Chest, in the Council Chamber. That the occasion of Mr. Norris' going beyond Sea, both by the said Papers, and by a Certificate delivered by the Earl of Essex, to the Chairman of the Committee, and by Dr. Tongue Instructions, appeared to be, to fetch over one Dowdel, an Irish Priest, who had been conversant with the Priests in France and Ireland, that managed the Plot in England and Ireland; and by that means was privy to the whole Plot, which he had made known, by several Leters, to Dr. Tong, perused by the Earl of Essex; besides that, Satisfaction was given by a known Merchant in London, that the said Dowdal was an understanding Person, and fit to be credited. That by an Order of Council, the 18 th'. of July, 1679. the said Dowdal was permitted to come from Dover, and stay for a Month. That after the said Order for his coming, Dowdal died, not without Suspicion of a violent Death. That upon Examination how it came to pass, that Norris was in so much danger beyond Sea, particularly at his coming Aboard the Calais Pacquet-Boat, that he was Imprisoned at Dover, brought from Dover by a Messenger, was a particular Descriprion given of him, to Mr. Secretary Jenkins, the 29 th'. of May, 1680. That upon Examination, who gave this Description? They found, that Thomas Sheridon, who had lately been with the D. at Brussels, and came over with him in the same Yacht, carried the said Description to the Duke, and that it was brought him by one Anthony Day, Doctor of Physic to the late Army in Flanders. That Day confessed, That coming one day to visit Mr. Sheridon, he told him in Discourse, That now the whole Plot would be discovered: For he heard, there was one gone beyond Sea, to fetch over a Priest that knew it all. That Mr. Sheridon desired him to describe the Person; to which he replied, He knew neither the Person nor the Priest; but that one John Butler, near the French Ambassador's, had told him so. That Mr. Sheridon desired him to get a Description; which he did, writing the same from the said Butler's own Mouth, all but the last Line; which Butler was since dead. That Sheridon had confessed, that he did go to the said Secretary Jenkins, and told him, that there was one gone over, who knew as much of the Plot as any Man. That the Secretary commanded him to give him a Description of the Person. That thereupon he did go to Mr. Day for the Description, which Mr. Day gave him, and so he delivered it to the Secretary. They found also, that the Description so delivered, a Letter was written by Mr. Cook, which the Secretary declared, he would take upon himself, to this Effect: That the Secretary being called away hastily, to wait upon the King at Windsor, had commanded him to send the Enclosed Description of a Person to such a one, who was to keep a strict Eye over him and his Company, if they Landed at Dover, till they should be carried before a Magistrate, who was to tender them the Oath of Allegiance and Supremacy; which, if they refused, than they were to be sent to Prison; if they took them, some handsome Course was to be taken to detain them, till the Secretary was acquainted with what was done: Upon which, Norris was committed to the Common Prison. All which, being of a more than ordinary Nature, was referred, by the Committee, to the Wisdom of the House. The next day, being Friday, the 10 th'. of December, the House took the Report aforesaid into Consideration; and the Secretary having given an Account of his Proceedings therein, withdrew. Nor was it long after, before the House came to a Resolve, That the Imprisonment of Norris was illegal, and that the Proceedings of Sir Lyonel, in describing the Person of Norris, and directing his Imprisonment, was Illegal and Arbitrary, and an Obstruction to the Evidence for Discovery of the Plot. Saturday, December 11. nothing remarkable occurred. Neither did Monday, the 13 th'. of the same Month, produce any thing more considerable, than an Order, that the Respective Members of Parliament, and Barons of the Cinque-Ports, should, for the Places for which they served, with all convenient speed, bring in Lists of all Papists and reputed Papists, within the several Counties, Cities, Boroughs and Cinque-ports of England. The next day, being Tuesday the 14 th'. of December, Sir Robert Peyton was called to an Account, upon a Report from the Committee, appointed to examine the Information against him given in by Sir William Roberts, which being read, it was Voted by the House, That it appeared, both by the Reports, and by his own Confession, that he had had secret Negotiation with the Duke of York, by means of the Earl of Peterborough, Cellier and Gadbury, when they were turning the Popish Plot upon the Protestants. Whereupon it was presently ordered, that he should be expelled the House; which was done the next day, with so severe a Reprimand, as sufficiently showed the Indignation of the House against his Proceedings. Wednesday, the 15 th'. of this Month, his Majesty having sent for the Commons to attend him in the House of Peers, was pleased to declare himself in a short Speech, to this Effect: That at the opening of the Parliament, he had acquainted them with the Alliance made with Spain and Holland, as most conducing to the Safety of England, and Repose of Christendom; and that if the Friendship of England should prove unsafe to trust to, it could not be wondered, that the Neighbouring States should take such Resolutions as might prove Fatal to us. That he was then to tell them how little had been done since their Meeting, to encourage their Dependence upon us; and that he found that unless we could be so united at Home, to make our Alliance valuable, it would be impossible to hinder those Abroad from making our Alliances inconsistent with the public Safety. As for Tangier, he told them, That if they thought the place worth the keeping, they must take it into speedy Consideration; being an Expense otherwise above his Power. Promising for his own part, the fullest Satisfaction they could wish, for the Security of the Protestant Religion, and a Concurrence with them in any Remedies, consistent with the preservation of the Succession, in the Legal Course of Descent. Concluding, That being so ready on his part, to satisfy their Desires, he desired to know how he should be assisted by them, and what they expected from Him? This Speech being reported by the Speaker, they resolved into a Committee of the whole House. After which, the Speaker resuming the Chair, they came to several Resolves, Nemine contradicente, 1. That one way for the suppressing of Popery, was to banish all the Considerable Papists out of England. That as long as the Papists had any hopes of the D. of York's Succession, both the Protestant Religion, and the Lives, Liberties and Properties of the King's Protestant Subjects were in Danger to be destroyed. 3. That there should be a Bill brought in, for the Association of his Majesty's Protestant Subjects, for the Safety of King, Religion and People, against all Invasions, or Oppositions whatsoever; and to prevent the Succession of the D. of Y. or any other Papist. Thursday the 16 th'. was spent for the most part in reading of Bills. The next day, being Friday, the 17 th'. of December, upon a Report, by Sir William Poultney, from the Committee, appointed to draw up the Impeachment against Mr. Seymour; the Articles of Impeachment were ordered to be Ingross'd, and Mr. Seymour to be taken into Custody, by the Sergeant at Arms, who was impowered to take Security for his forthcoming. Saturday, being the 18 th'. they took into serious Consideration, his Majesty's Last Speech; and after some debate, resolved, that an Address should be prepared in answer to it. Monday the 20 th'. produced nothing at that time remarkable, but only the Address, which was then read and agreed to, and presented the next day. Tuesday, the 21 th'. of December, not much more was done than upon the day before, only that an Information was given into the House, that one Henry Carew, a Friar, of Saint Maloes, in France, had, for several Years last passed, executed the Office of Surveyor of the Customs in the Port of Bristol; and thereupon, it was referred to the Committee, appointed to receive Informations concerning the Plot, to examine the Business, and make their Report. In the Afternoon, they presented their Addresses to his Majesty, in the Banqueting-house, in Answer to his Last Speech; of which, the Chief Heads were these: That they did gratefully acknowledge his Majesty's Goodness, in renewing his Assurances of his Readiness to concur with them for the Security of the Protestant Religion; but that they observed, there was a Reservation annexed, which if insisted on, would render all his other Inclinations of no Advantage to them. That as to the preservation of the Succession in its Legal Course, they had not endeavoured any Interruption, except only of the Descent upon the Person of the D. of York, whom the Instruments of the Church of Rome, had perverted to their Religion. For which Reason they did represent it as the Issue of their most deliberate Thoughts, That for the Papists to have their Hopes continued in the Expectation of a Popish Prince, was utterly inconsistent with the Safety of his person, the Preservation of the Protestant Religion, and the Welfare of his people. They farther represented to him the Danger of his Person, from the principles of the Papists, which allow the Excommunication and Deposition of Princes. That the Expectation of a Popish Successor, had not only increased the Number of Papists in the Kingdom; but also prevailed with others to desert Protestantism, that they might be prepared for the Favour of the Popish Prince. That it had hardened the Papists of this Kingdom to make a Common purse, provide Arms, and solicit the Aid of Foreign Princes, to impose Popery upon the Nation. That it was his Majesty's Glory and true Interest to be the Protector of all Protestants both, at Home and Abroad: But if such Hopes should remain, what Alliances could be made for his Majesty's Allies, and the Protestants abroad to trust to? Then they laid before his Majesty the Evils that would befall from a Popish Succession. The Protestant Religion would be totally overthrown. The Pope would be acknowledged a Supreme, and all things be brought under his Jurisdiction. The Lives, Liberties and Estates of all Protestants that value their Souls, will be adjudged forfeited; in regard, that the Extirpation of Heretics was used as an Argument to invite Foreign Princes to assist the Duke. Farther, they desired him to consider, whether, in Case the D. should attempt to Succeed, whether the Opposition probable to be made against him, might not endanger the Descent of the Royal Line, but even Monarchy itself. For which Reasons, they besought his Majesty, that when a Bill should be tendered him in a Parliamentary way, he would give his Royal Assent thereto; and, as necessary to fortify the same, that he would also assent to another Bill, to enable his Protestant Subjects to associate for the Defence of his Person, the Protestant Religion, and the Security of the Kingdom. And that as a farther Means for the Preservation of the same, the Judges might be Persons of Integrity, and true Zeal to the Protestant Religion, and might hold their Employments only, quamdiu se bene gesserint; and that the Lord Lieutenants, Deputie-Lieutenants, and Justices of the Peace, might be persons of the same Principles, and all others displaced; and so likewise for the Military Officers, and Commanders in the Fleet. Which Requests of theirs being granted, they would be ready to assist his Majesty for the preservation of Tangier, and to put the Fleet into a Condition, both to preserve the Sovereignty of the Seas, and defend the Nation. Fa. What Answer was given to this Address? Tr. You shall hear more of that in due time. The two next days, being the 23 d. and 24 th'. of December, produced little for our purpose: Only, that upon the last of the two, upon a Report from the Committee, appointed to examine the Complaint against Mr. Thompson, a Minister, it was unanimously resolved, by the House, That the said Thompson had publicly defamed his Majesty, preached Sedition, villifyed the Reformation, and promoted Popery, by asserting Popish Principles, denying the Plot, and turning the same upon the Protestants; and that he had endeavoured to subvert the Liberty and Property of the Subject, and the Rights and Privileges of Parliament; and that he was a Scandal and Reproach to the Function; and thereupon ordered a Committee to prepare an Impeachment against him. After which, the Holydays approaching, the House adjourned till the 30 th'. of the same Month. Fa. Can you tell me what Mr. Thompson had done to deserve so severe a Sentence? Tru. Yes. Fa. Pray do then, as short as you can. Tru. The First Witness upon Examination at the Committee, said, That in a Sermon preached by the said Mr. Thompson, upon the 30 th'. of Jan. 79. He publicly declared, That the Presbyterians were persons which the Devil blushed at; and that they were worse than either Priests or Jesuits; and that the Villain Hampden, grudged more to give the King Twenty Shillings, which was his due by Law, for Ship-money and Loan, than to raise a Rebellion against him. The Second Witness said the same, and added, that Thompson should say, He hoped the Presbyterians would be pulled out of their Houses, and that the Goals would be filled with them; and wished their Houses burnt. The third said, That Mr. Thompson, at another time averred, That for a man to receive the Sacrament from any other Minister, than of the Parish where he dwelled, was Damnation to his Soul; and that he would maintain the Doctrine. The Fourth Witness said, That in the forementioned Sermon, Mr. Thompson declared, That there was a great talk of a Plot; but said he, a Presbyterian is the Man. The Fifth, That in the same Sermon, Mr. Thompson asserted, That a Presbyterian Brother qua talis, was as great a Traitor, as any Priest or Jesuit; and then condemned all the Proceedings of Parliaments. A Sixth, That speaking of the Act for Burying in Woollen, affirmed, That the Makers of that Law, were a Company of Old Fools and fanatics; and that he would bring a Schoolboy, should make a better Act than that. A Seventh said, That in a Sermon, while the Petitions were on Foot, he very much derided and scoffed at them, comparing them with the Scotch Petition, delivered at Durham, at the Head of their Army. The Eighth Witness said, That in a Funeral Sermon of one Mr. Wharton, speaking in Commendation of the Deceased, he said, he was no Schismatical, Petitioning Rebel. And at another time declared, That such as went to Lectures, were the Brats of the Devil. A Ninth, That he inveighed bitterly against Petitioning, saying, It was the Seed of Rebellion; that the Devil set 'em on Work, and would pay 'em their Wages; and that before he would set his Hand to such a Petition, he would cut it off. A Tenth, That being with Mr. Thompson in the Chancel of St. Thomas' Church in Bristol, where Queen Elizabeth's Efsigies is, he the said Thompson, pointing his Finger to it, said, That she was a Lewd, Infamous Woman; that she was a Church-Robber; and that Hen. 8. began it, and she finished it. The Eleventh, That in the Year 78. Mr. Thompson railed in his Sermon against Henry the Eighth, saying, he did more Hurt in robbing the Abby-Lands, than he did Good by his Reformation. The Twelfth, That he said the Plot was nothing but a Presbyterian Plot. The Thirteenth said the same with the Ninth. The Fourteenth confirmed what the Second had declared. The Fifteenth and last Evidence declared, That he heard Mr. Thompson in Discourse affirm, That if he were as well satisfied of other things, as he was of Justification, Auricular Confession, Penance, Extreme Unction, and Chrism in Baptism, he would not have been long separated from the Catholic Church. That he had endeavoured to prove Auricular Confession and Extreme Unction out of the Epistles. That he heard him say, the King was of a mean and soft Temper, easily led to any thing; but yet a Solomon in Vices: But that the D. was a Prince of a brave Spirit, faithful to his Friends; but it was our own Faults that he was a Roman Catholic, in that we forced him to fly into France. That he would rather cut off his Hand than Sign a Petition for Sitting of the Parliament. That Bedloe was not to be credited on any thing he said. That it was better for a Clergyman to be gelt, than to marry; and that the Calvinists of France were lecherous Fellows. Mr. Thompson being asked, whether he were guilty of the Matters laid to his Charge, and desired to make his Defence, did for the greatest part confess words spoken to that Effect; and in other things, endeavoured to turn the words with more favour toward himself. But the Credit of the Witnesses was such, that the Committee was soon satisfied, and made their Report to the House; upon which ensued the Sentence, and Judgement of the House before recited. Upon Thursday the 30 th'. of December, the House met again; at which time, among other things, not proper for this Continuation, it was unanimously resolved, That no Member of the House should accept of any Office, or place of Profit from the Crown, without the leave of this House; or any promise of any such Office or place of profit, during such time as he should continue a Member of the House. Friday, the last of December, passed without any material Transaction that requires Relation. The next day of Sitting, was the 3 d. of January; upon which day, the Peers sent a Message to the Commons, intimating, that they had received a Petition from Mr. Seymour, wherein he desired a day might might be appointed for his speedy Trial; of which they thought fit to give them Notice, not finding any Issue by Replication. Thereupon the Articles against Mr. Seymour were read, and a Committee ordered to prepare Evidence against him, and manage the same at the Trial. At the same time also, the Articles of Impeachment against Sir William Scroggs were read, as having been prepared some days before, by the Committee appointed to examine the proceedings of the Judges, etc. The Heads of which Report, and of the Articles themselves, were as follows: In the first place, the Committee found by the Information of Charles Vmphrevile, Foreman of the Grand Jury, for the Hundred of Ostulston, in the County of Middlesex, and others of the same Jury, that upon the Second of June, 1680. the Constables were found defective, in not presenting the Papists as they ought; upon which they were ordered to make farther Presentments by the 26 th'. day following; upon which day they met again to receive them. That upon the said day, a Bill was brought them against James, D. of York, for not coming to Church. That about an hour after, they received the said Bill, some of the Jury attended the King's Bench with a Petition for the Sitting of the Parliament▪ Upon which, the Lord Scroggs raised many Scruples, and pretending all the Jury were not in the Court, though twenty had subscribed, sent for them, saying, he would dispatch them presently. Then the Jury being come and called over, renewed their desire concerning the Petition; To which the C. J. said, we will not make two words of the Business; adding, that the Petition was no Article of their Charge; that no Act required the Court to deliver the Grand Juries Petition, or to run of their Errands; and that there was a Proclamation concerning them; and that 'twas much they should come to alter the King's Mind, declared in the News Book; that the Jury replied, that they only desired it with Submission, as other Juries had done; that the Court answered, that they had meddled with what was never given them in Charge, but had brought in no Bills; that the Jury replied, they had many before them: notwithstanding which, Judge Jones told them they were discharged from farther Service: which by the Evidence of Mr. Astry, Mr. Waterhouse, and Mr. Ward, appeared not to have been done in their memory before. The next thing was, that there was a Rule of Court made, all the Judges present, and nine dissenting, against the Printing and Publishing The Weekly Packet of Advice; or the History of Popery. Thirdly, That there had been a very great Latitude taken by the Judges, in imposing Fines upon persons found guilty before them. Particularly, that John Brown of London, Gentleman, for publishing a Printed Book, called, The Long Parliament dissolved, was fined a Thousand Marks, bound to his good Behaviour for seven years, and his Name struck out of the Roll of Attorneys, without any Offence alleged in his Practice. For which fine, not being able to pay it, he lay in Prison three Years; and tho' his Majesty was graciously pleased to pardon him, and recommended him, by his Warrant, to be restored again to his place of Attorney, yet he could not obtain his said Restauration from the Court of King's Bench. Fa. Pray, what was the great Crime which gave so great a Provocation? Tr. A certain passage, which seemed to be a kind of Exhortation, or rather a Memorandum, as it were to the Parliament, not to betray their Trusts, to this Effect, That no man ought to think it strange, that it should be thought Treason for a Parliament, to sit and act contrary to the Laws of the Land: For that, if in the first Parliament of R. 2. Grimes and Weston, only for lack of Courage, were adjudged guilty of High Treason, for surrend'ring the Places committed to their Trust. How much more the Parliament, should they turn Renegadoes to the People that entrusted them, surrender all the Legal Defence of the People of England, their Lives, Liberties and Properties at once, etc. 2. That John Harrington of London, Gent. for speaking these words in Latin, Quod nostra Gubernatio consistebat de tribus Statibus; et si Rebellio eveniret in Regno, et nec accideret contra omnes tres Status, non est Rebellio, was Fined 1000 l. bound to his good Behaviour for 7 Years, and to recant the words in open Court. That Ben. Harris of London, Stationer, for Printing a Book called An Appeal from the Country to the City, was Fined 500 l. to stand in the Pillory an Hour, and to give Security for his good Behaviour, for 3 Years; that the Lord C. J. Scroggs pressed the Court, that he might be publicly whipped; but Judge Pemberton, holding up his Hands in admiration of such a Severity, Judge Jones pronounced the Sentence as before. Fa. What was the Crime laid to the Charge of that Book? Tr. This particular Passage; We in the Country, have done our parts in choosing for the generality good Members; but if they must be dissolved or prorogued, when ever they come to redress the Grievances of the Subject, we may be pitied, not blamed, if the Plot take effect. That notwithstanding the Severity of the Court, in these Cases, their Mercy and Compassion was extraordinary in others. Particularly, That Tho. Knox, Principal in an Indictment of Subornation and Conspiracy, against the Testimony of Dr. Oats for Sodomy, and the Testimony of William Bedloe, was only Fined 200 Mark, a Year Imprisonment and security for the good Behaviour for 3 years; that Lane for the same Offence, was only Fined 100 Marks, Pillory'd for an hour, and Imprisoned for one year. That John Tasborough, on an Indictment for Subornation of Stephen Dugdale, tending to the Overthrow of the whole Plot, though affirmed to be a person of Quality, was only Fined 100 l. Ann Price, for the same Offence 100 l. Nathaniel Thompson, and Will. Badcock, for exhibiting a weekly Libel, called, The True Domestic Intelligence, and known to be Popishly affected, Fined only each of them, 3 s. 6 d. Matthew Turner, for vending and publishing a Book, called, The Compendium, wherein the Justice of the Nation, in the Trials of the Conspirators, even by some of those Judges themselves, is highly arraigned, and the King's Evidence horribly aspersed, though known to be the Common, notorious Bookseller about the Town, Fined only a 100 Marks. One Loveland, upon an Indictment, for a notorious Conspiracy, and Subornation against the Life and Honour of the D. of Buckingham for Sodomy, Fined only 5 l. and Pillory'd for an Hour. Richard Christian Esq for the same Offence, Fined 100 Marks, and pillory'd for an Hour. Arth. Obrian, for the same offence, fined only 20 Marks, and pillory'd for an hour. Whereupon, it was the unanimous Opinion of the Committee, that the Court of King's Bench, had acted arbitrarily, illegally, and partially, in favouring Papists, and Persons Popishly affected, and oppressing his Majesty's Protestant Subjects. Proceeding farther, they found, that several of his Majesty's Subjects had been Committed, for Crimes Bailable by Law; and that their Sureties, though sufficient, were refused. Among the rest, that Henry Care had been so refused the common Right of a Subject. 2. That George Brown, a Constable in London, having Committed some of the L. C. Justice's Servants for great Disorders, was seized by a Tip-staff, by the L. C. Justice's Warrant, and committed to the King's Bench, tho' he tendered two able Citizens, and Common-Council-Men of London, for his Bail. 3. That Francis Smith Bookseller, for Printing certain Observations upon Sir George Wakeman's Trial, was by the C. J. committed to the King's Bench, tho' he tendered three sufficient Citizens for his Security. That the said C. J. committed Jane Curtis, a Feme Covert, for publishing a Book, called, A satire against Injustice; and tho' her Friends tendered sufficient Bail, he swore by the Name of God, she should go to Prison, and that he would show her no more Mercy, than they could expect from a Wolf that came to devour them. That about the same time, Edward Berry, a Stationer in Greys' Inn, being accused for selling the Observations upon Sir George Wakeman's Trial, was committed by the said C. J. who said, he should go to Prison, tho' he tender a 1000 l. Security; and that after he had got his Habeas Corpus, he was forced to attend five Terms before he could be discharged. Upon which, it was the Result of the Committee, that the refusing Bail, where persons were Bailable by Law, was illegal, and a high Breach of the Liberty of the Subject. After that, the said Committee, taking into Consideration an Information against Baron Weston, they found, by the Testimonies of John Colt, Richard Mayo, and John Peiron, Gentlemen, that the said Baron had used these following Expressions in his Charge at Kingston Assizes, That Zuinglius set up his Fanaticism, and that Calvin built upon that blessed Foundation: And, said he, all his Disciples are seasoned with such a sharpness of Spirit, that it much concerns Magistrates to keep a strict hand over them. And now they are restless, amusing us with Fears, and nothing will serve them but a Parliament, etc. Upon which, the Opinion of the Committee was, that the Expressions in the Charge given by Baron Weston, were a Scandal to the Reformation, in derogation of the Rights and Privileges of Parliaments; and tending to raise Discord between his Majesty and his People. The Committee then falling again upon the Business of the L. C. J. Scroggs, they found by the Examination of Sir Robert Atkins, that at Dinner, at the Old Bailie, Sir Robert Clayton being Mayor, he had openly condemned petitioning for Parliaments, as Factious, and tending to Rebellion; which the Lord Mayor justifying as the Right of the Subject, put the C. J. into a very great Passion. That at the Summer Assizes, at Monmouth, Mr. Arnold, Mr. Price, and Mr. Bedloe being in Company, he fell very severely in public, upon Mr. Bedloe, to to the disparagement of his Evidence, and upon Sir Robert's defending Mr. Bedloe, he fell into a passion, and said, he believed Mr. Langhorn died innocently. These things being reported to the House, the House confirmed the Resolutions of the House in each particular, and ordered an Impeachment against Baron Weston, and Judge Jones, for his illegal proceedings against Mr. Dare, at Somerset Assizes. Fa. Well, but those were things only ordered: Come now to the Articles against my L. C. J. which you say were perfected and drawn into Form. Tr. The Articles against Sir W. Scroggs were eight in all. 1. That being Chief Justice of the King's Bench, he had endeavoured to subvert the Fundamental Laws and the Established Religion and Government of the Kingdom, and to introduce Popery and Arbitrary Government. 2. That contrary to his Oath, taken duly to administer Justice, he had discharged the Grand Jury for the Hundred of Ossulston, before they had made their Presentments, or found the Bills of Indictment that were before them, contrary to the known course of the said Court; by which illegal Discharge, the Presentments of many Papists, and other Offenders, were obstructed, and a Bill against the D. of Y. for not coming to Church, was prevented from being proceeded against. 3. That he had caused an illegal and arbitrary Rule to be entered into the King's Bench, against the Printing of the Weekly Packet of Advice from Rome; or the History of Popery; wherein the Cheats, and Superstitions of the Church of Rome, were from time to time exposed; to the manifest countenancing of Popery, and Discouragement of Protestants. 4. That he had most notoriously departed from all Rules of Justice and Equality, in the imposition of Fines upon persons convicted of Misdemeanours. 5. That he had frequently refused to accept of Bail, though sufficient and legally tendered him by several persons accused before him, for Crimes which were Bailable by Law; several of the said persons being only accused of Offences against himself; declaring at the same time, that he refused Bail, and committed them only to put them to Charges. 6. That he had granted divers General Warrrants for attacking the persons, and seizing the Goods of his Majesty's Subjects, not named, or particularly described in the said Warrants; by means whereof their Houses have been entered, & their persons oppressed contrary to Law. 7. That tho' he had Tried and Condemned several of the Offenders in the late horrid Horrid Popish Plot, for murdering the King, etc. Yet he had at divers times and places openly defamed and scandalised several of the Witnesses who had proved the Treasons of the Conspirators; by which means, he did as much as in him lay, endeavour to suppress and stifle the Discovery of the said Plot. 8. That his frequent and notorious Excesses and Debaucheries, and his profane and Atheistical Discourses, were a daily affront to God, a dishonour to his Majesty, and gave Countenance to all manner of Vice and Wickedness. Thereupon it was prayed, that the said Sir William Scroggs might be put to answer the Premises, and be in the mean time committed to safe Custody. But the Crimes objected against him, not being looked upon as Capital, he was Bailed by the Earl of Dorset and Middlesex, and the Lord Hatton, who became Security for his Forthcoming; during which time, his Lordship ceased to act in his Place, or to appear in Westminster Hall, as Chief Justice. Tuesday, the 4 th'. of January, Sir William Temple delivered a Message from his Majesty to the House, in answer to their last Address, to this Effect: That he had received their Address, with all the disposition they could wish, to comply with their reasonable Desires; but that he was sorry to see their Thoughts so wholly fixed upon the Bill of Exclusion, as to determine all other Remedies for the suppressing of Popery ineffectual; but that he was confirmed in his Opinion against it, by the Judgement of the Lords who had rejected it; and that therefore there remained nothing more for him to answer, but to recommend to them all other means for the preservation of the Protestant Religion, in which they could have no reason to doubt of his Concurrences, when they shall be presented him in a Parliamentary way. As also, to consider the present State of the Kingdom, as well as the condition of Christendom; so as to enable him to secure Tangier, and secure his Alliances abroad. The same morning, a Message was sent from the Lords, to acquaint the House with a Vote which they had passed, declaring, that they were fully satisfied, that there was, and, for divers years, had been, a horrid and Treasonable Plot and Conspiracy carried on by the Popish Party in Ireland, for Massacring the English, and Subverting the Protestant Religion, and the Established Government of that Kingdom. Wednesday, the 5 th'. of Jan. passed without any thing remarkable to our purpose. The next day, being Thursday the 6 th'. of Jan. the E. of Tyrone being ordered to be impeached of High Treason, the Lord Dursley was ordered to go up to the Bar of the House, and perform the Commands of the House, and to pray, that he might be committed to safe Custody. Friday, the Articles of Impeachment against Sir William Scroggs, were carried up to the Lords, by the Lord Cavendish. The same Morning, the House taking into consideration his Majesty's last Message, made several Resolves. 1. That there was no Security for the Protestant Religion, the King's Life, or the Established Government of the Kingdom, without passing a Bill for disabling the D. of Y. to Inherit the Imperial Crown of England and Ireland, etc. And that to rely upon any other means or Remedies, was not only insufficient, but dangerous. 2. That unless a Bill were passed for Excluding the D. of Y. the House could not give any Supply to his Majesty, without danger to his Majesty's Person, the hazard of the Protestant Religion, and Breach of Trust in them to the People. 3. That they who had advised the King to insist upon an Opinion against the Bill, had given him pernicious Counsel, and were promoters of Popery, and Enemies ●o the King and Kingdom. 4. That it was the Opinion of the House, that the E. of Hallifax, the Marguess of Worcester, and the E. of Clarendon, were the persons that gave the King that pernicious Advice: And that therefore an Address should be made, for their Removal from the King's Person and Presence, and from their Offices and Employments. The Earl of Feversham was also voted a promoter of Popery, and the French Interest, and a dangerous Enemy to the King and Kingdom. The same day also, they made two other Resolves, That whosoever should lend, or cause to be lent, any Money, upon the Branches of the King's Revenue, arising by Customs, Excise, or Hearth-mony, should be adjudged Obstructors of the Sitting of Parliaments, and be responsable in Parliament. 2. That whosoever should accept or buy any Tally of Anticipation, upon any part of the King's Revenue; or whoever should pay such Tally, should be deemed guilty of of the same Offence, and be liable to be questioned in Parliament. Saturday the 8 th'. of Jan. the Lords gave notice to the House, that they had appointed the Saturday following, to hear Mr. Seymor's Cause upon his Impeachment; and that the House might reply, if they thought fit. Monday the 10 th'. of Jan. being the last day of their Session, several Resolves were made. 1. That whoever advised his Majesty to prorogue the Parliament, to any other purpose, than in order to the passing the Bill of Exclusion, was a Betrayer of the King, the Kingdom, and the Protestant Religion, and a Pensioner to France. 2. That the Members for the City of London, should return the Thanks of the House to the City, for their manifest Loyalty to the King, their Charge, and Vigilancy, for the preservation of his Majesty, and the Protestant Religion. 3. That it was their Opinion, that the City was burnt by the Papists, designing to introduce Popery and Arbitrary Power in the Nation. 4. That the Commissioners of the Customs had wilfully broken the Law, for prohibiting the Importation of French Wines and other Commodities; which, if they should continue, they should be questioned in Parliament. 5. That it was their Opinion, that the D. of Monmouth, had been removed from his Offices and Commands, by the Influence of the D. of York; and therefore ordered, that Application should be made to his Majesty, to restore him to all his said Commands and Employments. 6. That it was their Opinion, that the prosecuting of Protestant Dissenters, upon the Penal Laws, was a grievance to the Subject, and an Encouragement to Popery, a weakening of the Protestant Interest, and dangerous to the Peace of the Kingdom. These Resolutions were no sooner passed, but they were summoned by the Usher of the Black Rod, to attend his Majesty, in the House of Peers; at what time his Majesty was pleased to signify his pleasure for a Prorogation, till the 20 th'. of the Month. Before the Prorogation was pronounced by the Lord Chancellor, his Majesty was pleased to sign three Bills, two public, and one private. The two public Acts were, an additional Act for Burying in woollen; and an Act for prohibiting the Importation of cattle from Ireland. Fa. Seeing then there were no more Bills signed, there is no question to be made, but that there were the more depending; and if I do not mistake, you promised to give me a Catalogue of all those that were under Consideration. Tr. I did so; and to show you I did not intend to deceive your Expectation, I have here collected them together, as they came in their Order to be debated; the Bill of Exclusion excepted, of which you have already had the Heads. Bills depending in the last Parliament. 1. A Bill for the Encouragement of woollen Manufacture. 2. A Bill for Exportation of Leather. 3. An Act for the better regulating the Trials of Peers in England. 4. Two Bills for the regulating Elections of Members in the Commons House of Parliament. 5. A Bill for the continuance of two Acts, An Act for preventing Planting Tobacco in England; and a Bill for Exporting Beer, Ale and Mum. 6. A Bill for Repeal of an Act made the 35 th'. of Q. Elizabeth. 7. A Bill for taking away the Court holden before the Precedent and Council, in the Marches of Wales. 8. A Bill for ascertaining Fines upon Convictions of Misdemeanours. 9 A Bill for supplying the Laws against Bankrupts. 10. A Bill for Exportation of Cloth, and other woollen Manufactures. 11. A Bill to restrain Papists from coming or residing within the Cities of London and Westminster, or within 20 miles of the same; and from wearing any Arms. 12. A Bill that the Judges should hold their Places and Salaries only quamdiu se bene gesserint. 13. A Bill prohibiting Importation of cattle from Scotland. 14. Two Bills for the ease of Protestant Dissenters. 15. A Bill for Banishing all the most considerable Papists in England, out of his Majesty's Dominions. 16. A Bill for uniting all his Majesty's Protestant Subjects to the Church of England. 17. A Bill for repealing the Act for the well Governing of Corporations. 18. A Bill to prevent Simony. 19 A Bill to prevent Vexatious Actions. 20. A Bill to prevent Brewers from being Justices of the Peace, in the place where they exercise that Trade. 21. A Bill for the better Discovery of Settlements of Estates for superstitious uses. 22. A Bill for the more easy collecting the Duty of Hearth-Mony. Several other Bills were ordered to be brought in, which never came to be debated; As, A Bill for regulating and preventing the increase of the Poor. A Bill for the regulating Hackney Coaches, repairing, paving and cleansing the Streets, and opening of passages in and about the City. A Bill for repair of the High ways. A Bill to punish Atheism, Swearing and Debauchery. A Bill for regulating abuses in making of Casks, Barrels, etc. A Bill for Naturalisation of Foreign Protestants; And, The Bill of Association. The Bill of Ease to all Protestant Dissenters being perfected by the House of Commons, tho' not assented to by the Peers, was afterwards Printed at large; of which these are the Chief Heads. 1. That all persons, convicted or prosecuted by virtue of an Act made in the 35. year of Q. Eliz. and another Act made in the 3. of K. James, for Recusancy, that shall take the Oaths of Allegiance and Supremacy; and make and sue for such Declaration to be made in the Court of Exchequer, Assizes, or Quarter Sessions, shall be discharged of all penalties, forfeitures, and seizures, by force of the said Statutes, without Composition or Fee. 2. That no Persons taking the Oaths aforesaid, and subscribing the Declaration foresaid, shall be prosecuted upon the said Acts in any Ecclesiastical Court, by reason of their Nonconforming to the Church of England. Provided that no persons, dissenting from the Church of England, and meeting in any place for Religious Worship, with the Doors locked and barred, during their so meeting together, shall receive any Benefit from this Law: Neither shall any of the persons aforesaid be exempted from paying Tithes, or other Parochial duties. 3. That if any person, dissenting from the Church of England, shall be chosen into any Parish-Office, it shall be lawful for him to execute the same by a sufficient Deputy: Provided the said Deputy be allowed by two or more of the Justices of the Peace. 4. That no Dissenter in Holy Orders, or pretending thereto, that shall take the said Oaths, and make and subscribe the aforesaid Declaration, together with his Assent & Consent to the Articles of Religion, mentioned in the 13 th'. year of the Queen, except only the 34, 35, and 36. and these words, in the 20 th'. Article, viz. That the Church has Power to decree Rights and Ceremonies, and Authority in Controversies of Faith, shall be liable to the Pains and Penalties of either of the Acts made in the 17 th'. or 22 th'. years of his present Majesty's Reign: Provided they do not preach in any place with the doors locked or barred. 5. That all persons pretending to holy Orders, that shall subscribe the Articles aforesaid, except before excepted, together with part of the 27 th'. Article, concerning Infant's Baptism, and take the Oaths, and make the Declaration aforesaid, shall enjoy all the Benefits and Advantages of this Act. 6. The Justices of the Peace are required to tender the Oath of Allegiance and Supremacy to any person, or persons that go to private Meetings; and upon refusal, to take them, and make the Declaration aforesaid, to commit them to Prison, without Bail or Mainprize; and being so committed, if they shall refuse, upon a second tender, to take the said Oaths, or to make Declaration of their Allegiance, they shall be thenceforth taken for Popish Recusants, convicted, and suffer accordingly. 7. For those that scruple the taking of any Oath, the following Declaration shall be sufficient, being by them made and subscribed. I acknowledge and declare, etc. That K. Charles the II. is Lawful King of this Realm, etc. and that the Pope, neither by himself, nor any Authority of the Church of Rome, or by any other means, with any other hath any Power to depose the King, or dispose of his Dominions, or to authorise any Foreign Prince to invade or annoy his Countries, or to discharge any of his Subjects of their Allegiance or Obedience to him, etc. 8. Such Persons as shall conform to this Act, are empowered to keep Schools. Lastly, This Act not to extend to any Papists or Popish Recusant; or to any that shall deny the Doctrine of the Holy Trinity. But now the Term of Prorogation being near at hand, his Majesty was pleased to issue forth his Proclamation, bearing date the 18 th'. of January, for the Dissolving of this present Parliament, and calling a New one, to meet, and be holden at Oxford, upon the one and twentieth day of March, next ensuing. A LIST OF BOTH HOUSES OF Parliament, Which met at Westminster, upon the 21 st. of October, 1680. and was Dissolved on the 18 th'. of January following. [Note, That those that have this Mark * after them, were not Members of the last Parliament.] The LORDS. JAMES Duke of York and Albany Rupert Duke of Cumberland Heneage Finch, Baron of Daventry, Lord Chancellor of England Arthur Earl of Anglesey, Lord Privy Seal Henry Duke of Norfolk George Duke of Buckingham Christopher Duke of Albemarle James Duke of Monmouth Henry Duke of Newcastle Charles Lord Marquis of Winchester Henry Lord Marquess of Worcester Henry Lord Marquess of Dorchester Robert Earl of Lindsey, Lord Great Chamberlain James Earl of Brecon, Lord Steward of the Household Henry Earl of Arlington, Lord Chamberlain of the Household Aubrey Earl of Oxford Anthony Earl of Kent William Richard George Earl of Derby John Earl of Rutland Theophilus Earl of Huntingdon William Earl of Bedford Philip Earl of Pembroke and Montgomery Edward Earl of Lincoln Charles Earl of Nottingham James Earl of Suffolk Charles Earl of Dorset and Middlesex James Earl of Salisbury John Earl of Exeter John Earl of Bridgewater Philip Earl of Leicester James Earl of Northampton William Earl of Devonshire William Earl of Denbigh John Earl of Bristol Gilbert Earl of Clare Oliver Earl of Bullinbrook Charles Earl of Westmoreland Robert Earl of Manchester Thomas Earl of Berkshire John Earl of Mulgrave William Earl of Malborough Thomas Earl of Rivers Henry Earl of Peterborough Thomas Earl of Stamford Heneage Earl of Winchelsea Charles Earl of Carnarvan Henry Earl of Newport Philip Earl of Chesterfield Nicholas Earl of Thanett Thomas Earl of Portland William Earl of Strafford Robert Earl of Sunderland Nicholas Earl of Scarsdale John Earl of Rochester Henry Earl of St. Alban Edward Earl of Sandwich Henry Earl of Clarendon Arthur Earl of Essex Robert Earl of Cardigan John Earl of Bath Charles Earl of Carlisle William Earl of Craven Robert Earl of Ailesbury Richard Earl of Burlington Anthony Earl of Shaftsbury John Earl of Guildford Thomas Earl of Sussex Charles Earl of Plymouth Lewis Earl of Feversham George Earl of Hallifax Charles Earl of Mackelfield John Earl of Radnor Robert Earl of Yarmouth George Earl of Berkley Francis Viscount Montague William Viscount Say and Seal Edward Viscount Conway Baptist Viscount Campden Thomas Viscount Faulconbridge Charles Viscount Mordant Francis Viscount Newport Henry Lord Mowbray James Lord Audley Charles Lord La War Thomas L. Morley and Mounteagle Robert Lord Ferrer Conyers L. Darcy and meynel Benjamin Lord Fitzwater Charles Lord Grace William Lord Stourton Henry Lord Sandys Thomas Lord Windsor Thomas Lord Cromwell Ralph Lord Ewer Philip Lord Wharton Charles L. Willoughby of Parham William Lord Pagett Charles Lord North-Grey of Rolleston. James Lord Chandos Robert Lord Hunsdon James Lord Norreys Christopher Lord Tenham Fulke Lord Grevill Edward Lord Montague of Boughton Ford Lord Grey of Wark John Lord Lovelace John Lord Paulet William Lord Maynard George Lord Coventry William Lord Howard of Escrick Henry Lord Herbert of Cherbury Thomas Lord Leigh Christopher Lord Hatton Richard Lord Byron Richard Lord Vaughan Francis Lord Carrington William Lord Widdrington Edward Lord Ward Thomas Lord Culpeper Jacob Lord Astley Charles Lord Lucas Edward Lord Rockingham Charles Henry Lord Wootton Marmaduke Lord Langdale Denzill Lord Holles Charles Lord Cornwallis George Lord Delamere Horatio Lord Townesend John Lord Crew John Lord Frescheville Richard Lord Arundel of Trerise Thomas Lord Butler of Moor-Park Richard Lord Butler of Weston John Lord Manors of Haddon Arch-Bishops and Bishops. Dr. William Sancroft Lord Archbishop of Canterbury. Dr. Richard Stern Lord Archbishop of York Dr. Henry Compton Lord Bishop of London Dr. Nathaniel Crew Lord Bishop of Durham Dr. George Morley Lord Bishop of Winchester Dr. Herbert Crofts Lord Bishop of Hereford. Dr. Seth Ward Lord Bishop of Salisbury Dr. Edward Rainbow Lord Bishop of Carlisle Dr. John Dolben Lord Bishop of Rochester Dr. Anthony Sparrow Lord Bishop of Norwich Dr. Peter Gunning Lord Bishop of Ely Dr. Isaac Barrow Lord Bishop of St. Asaph Dr. Thomas Wood Lord Bishop of Coventry and Lichfield Dr. John Pritchet Lord Bishop of Gloucester Dr. Peter Mew Lord Bishop of Bath and Wells Dr. John Pearson Lord Bishop of Chester Dr. Humphrey Lloyd Lord Bishop of Bangor Dr. William Lloyd Lord Bishop of Peterborough Dr. Guy Carleton Lord Bishop of Chichester Dr. Thomas Barlow Lord Bishop of Lincoln Dr. James Fleetwood Lord Bishop of Worcester Dr. John Fell Lord Bishop of Oxford Dr. Thomas Lamplugh Lord Bishop of Exeter Dr. William Thomas Lord Bishop of St. David's Dr. William Gulston Lord Bishop of Bristol Dr. William Beaw Lord Bishop of Llandaff The COMMONS. Bedfordshire. 4. William Lord Russell Sir Humphrey Monoux Bar. Town of Bedford. Pawlet St. John Esq. Sir William Franklin Kt. Berks 9 William Barker Esq. Richard Southbey Esq. * Borough of New-Windsor. Richard Winwood Esq. Samuel Starkey Esq. Borough of Reading. John Blagrave Esq. Nathan Knight Esq. Borough of Wallingford. William Lenthall Esq. * Scorie Barker Esq. Borough of Abbington. Sir John Stonehouse Bar. Bucks 14. Thomas Wharton Esq. John Hampden Esq. Town of Buckingham Sir Richard Temple Kt. of the Bath and Bar. * Edward Lord Latimer Borough of Chipping Wiccomb. Sir John Borlase Bar. Thomas Lewes Esq. Borough of Aylisbury. Sir Thomas Lee Bar. Sir Richard Ingoldesby Kt. of the Bath. Borough of Agmondesham. Sir Roger Hill Kt. Sir William Drake Kt. Borough of Wendover. Richard Hampden Esq. Edward Backwell Esq. Borough of Great Marlowe. John Borlace Esq. Sir Humphrey Winch Bar. Cambridge 6. Sir Levinus Bennet Bar. * Sir Robert Cotton Kt. * University of Cambridge. Sir Thomas Exton Kt. Sir William Temple Bar. * Town of Cambridge. William Lord Allington Sir Thomas Chicheley Kt. Chester 4. Henry Booth Esq. Sir Robert Cotton Kt. Bar. * City of Chester. William William's Esq. Sir Thomas Grosvenor Bar. Cornwall 44. Francis robart's Esq. Sir Richard Edgcomb Kt. of the Bath Borough of Dunhivid, alias Lanceston Sir John Coryton Bar. Sir Hugh Pyper Kt. * Borough of Leskard. Sir Jonathan Trelawny Bar. John Buller Esq. Borough of Lestwithiel. Sir John Carew Bar. Walter Kendal Esq. Borough of Truro. William Boscawen Esq. Edward Boscawen Esq. Borough of Bodmin. Hendar robart's Esq. Nicholas Glyn Esq. Borough of Helston. Sir Viel Vivian Bar. Sidney Godolphin Esq. Borough of Saltash. Sir John Davie Bar. * William Jennings Esq. * Borough of Gamelford. Robert Russel Esq. Sir James Smith Kt. Borough of Port-Pigham alias Westow. John Trelawny of Trelawney Esq. John Trelawney of Westmin. Esq. Borough of Crampound. Nicholas Herle Esq. * John Tanner Esq. Borough of Eastlow. Sir Jonathan Trelawney Bar. Henry Seymour of Langley Esq. Borough of Penryn. Charles Smith Esq. * Sir Nicholas Slanning Kt. of the Bath and Bar. * Borough of Tregony. Hugh Boscawen Esq. Charles' Trevannian Esq. Borough of Bossiney. Charles Bodvile Robert's Esq. Narcissus Luttrel of Grays-Inn Esq. * Borough of St. Ives. Edw. Noseworthy Senior Esq. Edw. Noseworth Junior Esq. Borough of Foway. Jonathan Rashlegh Esq. John Trefry Esq. Borough of St. Germane. Daniel eliot Esq. Richard eliot Esq. Borough of St. Michael. Sir John S. Aubin Bar. Walter Vincent Esq. Borough of Newport. William Coryton Esq. Ambrose Manaton Esq. Borough of St. Maws. Sir Joseph Tredenham Kt. Henry Seymour Jun. Esq. Borough of Killinton. Richard Carew Esq. * William Trevisa Esq. * Cumberland 6. Edward Lord Morpheth Sir John Lowther City of Carlisle. Sir Philip Howard Kt. Sir Christopher Musgrave Kt. Borough of Cockermouth. Sir Richard Grahme Bar. Orlando Gee Esq. Derby 4. William Lord Cavendish William Sacheverell Esq. Town of Derby. Anchitel Grace Esq. George Vernon Esq. Devonshire 26. Sir William Courtenay Bar. Sam. roll Esq. City of Exeter. William glide Esq. Malachy Pine Esq. Borough of Totnes. Sir Edward Seymour Bar. Edward Seymour Esq. Borough of Plymouth. Sir John Maynard Kt. His Majesty's Sergeant at Law. John Spark Esq. Town of Okehampton. Sir Arthur Harris Bar. Josias Calmady Esq. Borough of Barnstable. John Basset Esq. Richard Lee Esq. Borough of Plympton. George Treby Esq. John Polexfen Merchant * Borough of Honiton. Sir Walter Young Bar. Sir Thomas Put Bar. Borough of Tavistock. Edward Russel Esq. Sir Francis Drake Bar. Borough of Ashburton. Thomas Reynell Esq. Richard Duke Junior Esq. * Borough of Clifton, Dartmouth and Hardness. John Upton Esq. Edward Yard Esq. * Borough of Beralston. Sir John Trevor Kt. Sir William Bastard Kt. Borough of Tiverton Samuel Foot Esq. Sir Henry Ford Kt. Dorsetshire 20. Thomas Strangeways Esq. Thomas Freke Esq. Town of Pool. Henry Trenchard Esq. Thomes Chafin Esq. Borough of Dorchester. Sir Francis Hollis Kt. and Bar. Nicholas Gould Merchant. Borough of Lyme-Regis. Henry Henly Esq. Thomas Moor Esq. * Borough of Weymouth. Sir John Coventry Kt. of the Bath. Sir John Morton Kt. and Bar. * Melcom-Regis. Thomas Brown Esq. Michael Harvey Esq. Borough of Bridport. Sir Robert Henly Bar. * William Bragge Esq. * Borough of Shafton alias Shaftsbury. Sir Matthew Andrews Kt. * Thomas Bennett Esq. Borough of Wareham. Thomas earl Esq. George Savage Esq. Borough of Corf-Castle. Nathaniel Bond Esq. * Sir Nathan Naper Kt. and Bar. Durham 4. William Bowes Esq. * Tho. Fetherston Hough Esq. * City of Durham. Sir Richard Lloyd * William Blakeston Esq. * Essex 8. Henry Mildmay Esq. John Lemot Honywood Esq. * Borough of Colchester. Sir Harbottle Grimston Bar. Sir Walter Clarges Bar. Borough of Malden. Sir William Wiseman Kt. and Bar. Sir Thomas Darcy Bar. * Borough of Harwich. Sir Philip Parker Bar. * Sir Thomas Mydalton Kt. Gloucestershire 8. Sir Ralph Dutton Bar. Sir John Guise Bar. City of Gloucester. Evan Seys Sergeant at Law by one Indenture. Sir Charles Berkley * by one Indenture. Evan Seys Sergeant at Law by another Indenture. William Cook Esq. by another Indenture. Borough of Cirencester. Sir Robert Atkins Junior Kt. Henry paul Esq. Borough of Tukesbury. Sir Hen. Capel Kt. of the Bath Sir Francis Russel Bar. Herefordshire 8. John Viscount Scudamore Sir Edw. Harley Kt. of the Bath City of Hereford. Bridstock Hartford Esq. Paul Foley Esq. Borough of Lempster. John Dutton Colt Esq. Thomas Coningesby Esq. Borough of Webley. John Birch Esq. John Booth Esq. * Hertfordshire 6. Sir Jonathan Keat Bar. * Sir Charles Caesar Bar. Borough of St. Alban. Thomas Pope Blount Esq Samuel Grimston Esq. * Borough of Hertford. Sir Thomas Bide Kt. Sir William Cooper Bar. * Huntingtonshire 4. Sir Thomas Proby Bar. * Silus Titus' Esq. Borough of Huntingdon. Sidney Wortley, alias Montague Esq. Lyonel Walden Esq. * Kent 10. Sir Vere Fane Kt. of the Bath. Edward Dering Esq. City of Canterbury. Sir Thomas Hardress Kt. His Majesty's Sergeant at Law. * Edward Hales Esq. City of Rochester. Sir John Banks Bar. Francis Barrel Serj. at Law. * Borough of Maidston. Sir John Tufton Kt. and Bar. Thomas Fane Esq. * Borough of Quinborough. Sir. Edward Hales Bar. William Glanvil Esq. Lancaster 14. Charles Lord Brandon Sir Charles Houghton* Borough of Lancaster. Richard Kirkby Esq. William Spencer Esq. * Borough or Town of Preston in Amounderness. Sir John Otway Kt. Edward Rigby Sergeant at Law. Borough of Newton. Sir John Chicheley Kt. Andrew Fountain Esq. Borough of Wigorn. Charles Earl of Ancram Banks Esq. * Borough of Clithero. Sir Ralph Ast on Bar. Sir Tho. Stringer Serj. at Law. Borough of Leverpool. Ruishee Wentworth Esq. John Dubois Merchant Leicester 4. Bennet Lord Sherrard Sir John Hartop Bar. Town of Leicester. John Grey Esq. Sir Henry Beaumond Kt. Lincoln 12. George Lord Viscount Castleton Sir Robert Carr Kt. and Bar. City of Lincoln. Sir Thomas Meers Kt. Henry Mounson Esq. Borough of Boston. Sir Anthony Irby Kt. Sir William York Kt. Borough of Great Grimsby. William Broxholme Esq. George Pelham Esq. Town of Stamford. Sir Richard Cust Bar. William Hyde Esq. Borough of Grantham. Sir William Ellis Bar. Sir John Newton Bar. Middlesex 8. Sir William Roberts Bar. Sir Robert Atkins Bar. City of Westminster. Sir William Poultney Kt. Sir William Waller Kt. London. Sir Robert Clayton Kt. Sir Thomas Player Kt. William Love Esq. Thomas Pilkinton Esq. Monmouth 3. Sir Trevor Williams Bar. William Morgan Esq. Borough of Monmouth. John Arnold Esq. Norfolk 12. Sir John Hobert Bar. Sir Peter Gleen * City of Norwich. William Lord Paston Augustin Briggs Esq. Town of Lyn-Regis. John Turner Esq. Simon Taylor Esq. Town of Great Yarmouth. Richard Huntingdon Esq George England Esq. * Borough of Thetford. Sir Joseph Williamson Kt. William Harboured Esq. Borough of Castlerising. Sir Robert Howard Kt. James Host Esq. Northampton 9 John Parkhurst Esq. Miles Fleetwood Esq. * City of Peterborough. Francis St. John Esq. Charles Orme Esq * Town of Northampton. Ralph Montague Esq. Sir William Langham Kt. * Town of Brackley. Richard Wenman Esq. * Sir Will. Egerton Kt. of the Bath* Borough of Higham Ferrer. Sir Rice Rudd Bar. Northumberland 8. Sir John Fenwick Bar. Sir Ralph Delaval Bar. Town of Newcastle upon Tine. Sir William Blacket Bar. Sir Ralph Carr Kt. * Borough of Morpeth. Sir George Downing Kt. Bar. Daniel Collingwood Esq. * Town of Berwick upon Tweed. Ralph Grey Esq. John Rushworth Esq. Nottingham 8. Sir Scroop How Kt. John White Esq. Town of Nottingham. Robert Pierrepoint Esq. Richard Slater Esq. Borough of Eastretford. Sir William Hickman Bar. Sir Edward Nevile Kt. Bar. Town of Newark upon Trent. Sir Robert Markham Kt. Sir Richard Rothwell* Oxon 9 Sir John Cope Bar. Thomas Hoard Esq. * University of Oxon. Sir Leoline Jenkins* Dr. Charles Perrot* City of Oxon. Broom Whorwood Esq. William Wright Esq. Borough of New-Woodstock. Sir Littleton Osbaldeston Bar. Nicholas Baynton Esq. Borough of Banbury. Sir John Holman Bar. Rutland 2. Sir Abel Barker* Philip Sherrard Esq. Salop 12. Richard Newport Esq. Sir Vincent Corbet Bar. Town of Salop. Sir Richard Corbet Bar. Edward Kinaston Esq. Borough of Bruges alias Bridgenorth. Sir William Whitmore Bar. Sir Tho. Whitmore Kt. of the Bath. Borough of Ludlow. Francis Charleton Esq. Thomas Walcot Esq. Borough of Great Wenlock. William Forrester Esq. John Woolryche Esq. * Town of Bishops-Castle. Edward Waring Esq. Richard Schriven Esq. * Somerset 18. Sir William Portman Bar. and Kt. of the Bath. George Speke Esq. * City of Bristol. Sir Robert Cann. Kt. Bar. Sir John Knight, Kt. City of Wells. John Hall Esq. William Coward Esq. Recorder Borough of Taunton. John Trenchard Esq. Edmund Prideaux Esq. Borough of Bridgewater. Sir Haswell tint Bar. Ralph Stawell Esq. * Borough of Minehead. Francis Lutterell Esq. Thomas Palmer Gent. * Borough of Ilester. William Strode Esq. ●ohn Speke Esq. Borough of Milbornport. ●●hn Hunt Esq. henry Bull Esq. Southampton 26. W●lliam Lord Russel Sir Francis roll Kt. * City of Winchester. Jam●s Lord Annesley Sir John Clobery Kt. Town of Southampton. Sir Benjamin Newland Kt. Sir Ch●rles Wyndham Kt. * Town of Portsmouth. George Legg Esq. Richard Norton Esq. Borough of Yarmouth. Sir Richard Mason Kt. Thomas Windham Esq. * Borough of Peterfield. Sir John Norton Bar. Leonard Bilson Esq. Borough of Newport alias Medona. Sir Robert Dillington Bar. John Leigh Esq. * Borough of Stockbridge. William Strode Esq. Henry Whitehead Esq. Borough of Newton. Sir John Holmes Kt. Lemuel Kingdon Esq. Borough of Christ Church. Sir Thomas Clarges Kt. George Fulford Esq. * Borough of Whitchurch. Henry Wallop Esq. Richard Ayliffe Esq. Borough of Limmington. John Button Esq. John Burrard Esq. Town of Andover. Sir Robert Henly Kt. * Francis Powlett Esq. Staffordshire 10. Sir Walter Bagott Bar. Sir John Bowyer Bar. City of Litchfield. Daniel Finch Esq. * Michael Biddulph Esq. Borough of Stafford. Sir Thomas Wilbraham Bar. * Sir Thomas Armstrong Kt. Borough of Newcastle under Line. Sir Thomas Bellot Bar. William Leviston Gower Esq. Borough of Tamworth. Thomas Thynne Esq. Sir Andrew Hacket Kt. * Suffolk 16. ●ir William Spring Bar. * ●ir Samuel Bernadiston Bar. Borough of Ipswich. S●● John Barker Kt. and Bar. Jon Wright Esq. Borough of Dunwich. Sir Robert Kemp Bar. Sir ●hilip Skippon Kt. Borough of Orford. Sir John Duke Bar. Henry Parker Esq. * Borough of Asbborough. John B●nce Esq. * John Corrance Esq. * Borough of Sudbury. Sir Gervase Elwes Bar. Gervase Elwes Esq. Borough of Eye. Charles Fox Esq. * George Walch Esq. * Borough of S. Edmondsbury. Sir Thomas Harvey Kt. Thomas Jermyn Esq. Surrey 14. Arthur Onslow Esq. George Evelyn of Wotton Esq. Borough of Southwark. Sir Richard How Kt. Peter Rich Esq. Borough of Blechingly. George Evelyn of Nutfield Esq. John Morris Esq. * Borough of Ryegate. Roger James Esq. Dean Goodwin Esq. Borough of Guildford. Morgan Randyl of Chilworth Esq. * Richard Onslow of West-Clandon E●q. Borough of Gatton. Sir Nicolas Carew Kt. Thomas Turgis Esq. Borough of Haslemere. Francis Dorington Esq. Denzil Onslow Esq. Sussex 20. Sir John Pelham Bar. Sir Nicholas Pelham Kt. * City of Chichester. Richard Farrington Esq. * John Braman Esq. Borough of Horseham. Anthony Eversfield Esq. John Michael Esq. Borough of Midhurst. John Lewkener Esq. John Alford Esq. Borough of Lewes. Richard Bridger Esq. Thomas Pelham Esq. Borough of New Shoreham. John Cheale Senior Esq. John Hales Esq. Borough of Bramber. Henry Sidney Esq. Henry Goreing Esq. Borough of staining. Sir John Fag Bar. Philip Gill Esq. Borough of East-Grimstead. Goodwin Wharton Esq. * William Jephson Esq. * Borough of Arundel. William Garway Esq. James Butler Esq. Warwickshire 6. Sir Edward Boughton Bar. Robert Burdet Esq. City of Coventry. Richard Hopkins Esq. John Stratford Esq. * Borough of Warwick. Thomas Lucy Esq. Richard Booth Esq. Westmorland 4. Alan Bellingham Christopher Phillipson Esq. * Borough of Apulby. Anthony Lowther Esq. Richard Tufton Esq. Wiltshire 34. Sir Walter St. John Bar. * Thomas Thynne Esq. City of New Sarum. Sir Thomas Mompesson Kt. Alexander Thistlethwaite Esq. Borough of Wilton. Thomas Herbert Esq. Sir John Nicholas Kt. of the Bath * Borough of Downton. Sir Joseph Ash Bar. Maurice Bockland Esq. Borough of Hindon. Sir Richard Grobham How Kt. Bar. Richard How Esq. Borough of Westbury. William Trenchard Esq. Edward Norton Esq. Borough of Hersbury. William Ash Esq. Edward Ash Esq. Borough of Calne. Sir George Hungerford Kt. Lionel Ducket Esq. * Borough of the Devizes. Sir Giles Hungerford Kt. * John Eyles Esq. * Borough of Chiphenham. Sir Edw. Hungerford Kt. of the Bath. * Samuel Ash Esq. * Borough of Malmsbury. Sir William Escourt Bar. Sir James Long Bar. Borough of Cricklade. Edmund Webb Esq. William Lentham Esq. Borough of Great Bedwin. William Finch Esq. * Francis Stonehouse Esq. Borough of Lugdersale. Thomas Neal Esq. John Garrard Esq. Borough of Old Sarum Henry Lord Colerain* Sir Eliab Harvey Borough of Wooton Basset. Henry St. John Esq. * Laurence Hyde Esq. Borough of Marleborough. Thomas Lord Bruce * Thomas Bennet Esq. Worcestershire 9 Samuel Sandys Esq. Thomas Foley Esq. City of Worcester. Sir Francis Winnington Kt. Thomas Street one of His Majesty's Sergeants at Law. Borough of Droitwich. Henry Coventry Esq. Principal Secretary of State. Samuel Sandys Junior Esq. Borough of Evesham. Sir James Rushout Bar. Henry Parker Esq. Borough of Bewdley. Philip Foley Esq. York 30. Charles' Lord Clifford Henry Lord Fairfax City of York. Sir Henry Thompson Kt. Sir John Hewly Kt. Town of Kingston upon Hull. Sir Michael Warton Kt. * William Gee Esq. * Borough of Knaesborough. Sir Thomas Slingsby Bar. William Stockdale Esq. Borough of Scarsborough William Thompson Esq. Francis Thompson Esq. Borough of Rippon Richard Stern Esq. Christopher Wandesford Esq. Borough of Richmond. Thomas Craddock Esq. Humphrey Wharton Esq. Borough of Heydon. Sir Hugh bethel Kt. Henry Guy Esq. Borough of Corfe Boroughbrig. Sir Thomas Mauliverer Bar. Sir John Brook Kt. * Borough of Malton. William Palms Esq. Sir Watkinson Payler Bar. Borough of Thirske. Nicholas Sanderson Esq. Sir William Franklan Kt. Borough of Aldborough. Sir Brian Stappleton Bar. Sir Godfrey Copley Bar. Borough of Beverly. Sir John Hotham Bar. Michael Warton Esq. Borough of North-Allerton. Sir Gilbert Gerrard Bar. Sir Henry Calverly Kt. Borough of Pontefract. Sir John Dawney Kt. Sir Patience Ward Kt. BARONS Of the CIN QUE-PORTS (16.) Port of Hastings. Sir Robert Parker Bar. John Ashsburnham Esq. Town of Winchelsea. Creswel Draper Esq. Thomas Austin Esq. Town of Rye. Sir John Dorrell Kt. Thomas Frewen Esq. Port of New Rumney. Sir Charles Sedley Bar. Paul Barrett Esq. Port of Hythe. Sir Edward Dering Bar. Edward Hales Esq. * Port of Dover. William Stokes Esq. Thomas Papillon Esq. Port of Sandwich. John Thurban Esq. Sir James Oxenden Kt. Bar. Port of Seaford. Sir William Thomas Bar. Herbert Stapley Esq. WALES (24.) ANGLESEY II. Richard Bulkeley Esq Town of Bewmorris. Henry Bulkeley Esq BRECON II. Richard Williams Esq Town of Brecon. John Jefferys Esq CARDIGAN II. Edward Vaughan of Trouscoad Esq. Town of Cardigan. Hector Phillip's Esq CARMARTHEN II. John Lord Vaughan Kt. of the Bath. Town of Carmarthen. Altham Vaughan Esq CARNARVAN II. Thomas Bulkley of Dinas Esq Town of Carnarvan. Thomas Mostin of Glotheth Esq DENBY II. Sir Thomas Mydelton Bar. Town of Denbigh Sir John Salisbury Bar. FLINT II. Mutton Davis Esq Town of Flint. Roger Whitley Esq GLAMORGAN II. Bussy Mansel Esq Town of Cardiff. Sir Robert Thomas Bar. MERIONETH I. Sir John Wynne Kt. Bar. PEMBROKE. III. Sir Hugh Own Bar. Town of Haverford West. Thomas Owen Esq Town of Pembroke. Arthur Owen Esq MONTGOMERY II. Edward Vaughan Esq Town of Montgomery. Matthew Price Esq RADNOR II. Rowland Guynne Esq Town of Radnor. Griffith Jones Esq The COMMONS in all 513. Historical Collections. OR THE CONTINUATION Of the PROCEEDINGS Of the PARLIAMENT, Begun and Dissolved AT OXFORD. LONDON, Printed in the Year 1681. Historical Collections. OR THE CONTINUATION Of the PROCEEDINGS Of the PARLIAMENT Begun and Dissolved AT OXFORD. Fame. BEing fully satisfied with the account which you gave me, of the Proceedings of the last Parliament at Westminster, I took my flight into the Country, thinking to have opened my Packet: But when I came there I could hardly find any Body at home; all People were so busied with the New Elections, and taken up with future expectations, that they little minded what was passed. Thereupon I resolved to stay a while before I exposed myself to those, whose thoughts I found were bend another way. Upon these considerations, I followed the Crowd to Oxford. But I had hardly trimmed my Wether beaten Wings, before the Parliament was dissolved there too. So then I thought it my best way to come up to London again, and find out my Old Friend Truth, and then to take my Progresses with a complete and perfect Relation. Now therefore I desire thee to favour me with an Account of the main Transactions in this same short Parliament at Oxford. Truth. That's soon done. Fame. 'Tis so; and therefore the trouble being the less, I am the more bold to desire it; in hopes that by keeping Thee company, I may convince the World of the ill Opinion it has of me of being a Lyar. Truth. Falsehood in things of this Nature is of a dangerous importance, and therefore I will tell the Relation barely without Welt or Guard; and do thou be sure to make no Additions thyself. Fame. I shall be very punctual in observing thy Instructions. Truth. Know then that the Parliament being appointed to meet upon the 21st. of March 1681. And the time of Sessions approaching, the King upon the eight of March removed to Windsor, Upon the Fourteenth he removed to Oxford, and in his way was met upon the Borders of the County, by the High Sheriff with his Attendants, and at Whateby by the Lord Norris, Lord Lieutenant of the County, with such an appearance of the Gentry, that hardly any were found missing, but such as were known to be hindered by Sickness, or other lawful Impediment. By whom together with the Two Troops of the County Militia; his Majesty was conducted to the East-Gate of the City, where he was received by the Mayor, and the rest of the City Magistrates; and the Recorder, Sergeant Cook, welcomed in a set Speech; and after the usual Presents made by the Mayor, and among the rest of the Mace, which was returned; the Mayor then carrying the Mace before his Majesty, with the rest of the Brethrens, attended his Majesty to Christ-Church-Gate. After that the King passing to his Apartment in the College, was received by the Bishop with a Latin Speech upon his Knes attended by the Canons; and the next Morning was attended by the Vicechancellor, the Doctors, Professors, Proctors and University Orator. The Vicechancellor laid the Beadle's Staves at the King's Feet; and then the Orator addressed himself in Latin to the King— and in English to the Queen, the Vicechancellor, Orator, and Doctors kneeling all the while. Fame. These Ceremonies do not happen every day, and therefore you have obliged me with the Relation. Truth. Upon the 21st of March, the parliament met according to Summons, at Oxford, in the Convocation House; at what time his Majesty went to the House of Lords, which State in the Geometry-School and being seated in his Throne, with his Royal Robes and the usual Solemnities, declared himself in a Gracious Speech to Both Houses, to the Effect as follows. That the unwarrantable Proceedings of the last House of Commons, were the reason of his parting with them; for that he who would never use Arbitrary Government himself, would not suffer it in others. That whoever calmly considered the Assurances he had renewed to that last Parliament, and what he had recommended to them, his Foreign Alliances, the Examination of the Plot, and the Preservation of Tangier, and reflect upon their unsuitable returns, might rather wonder at his Patience then that he grew weary of their Proceedings; that it was his Interest, and should be as much his Cause as theirs to preserve the Liberty of the Subject, the Crown not being safe when that is in danger. That by calling this Parliament so soon, he let them see, that no Irregularities of Parliament should make him out of Love with them: by which means he gave them another Opportunity to provide for the Public security, and had given one Evidence more, that he had not neglected his part. That he hoped, the ill Success of former heats would dispose them to a better Temper. That as for the further Prosecution of the Plot, trial of the Lords, etc. he omited to press them, as being obvious to consideration, and so necessary for the Public safety. But desired them not to lay so much weight upon any one Expedient against Popery, as to determine that all other were ineffectual. ‛ That what he had so often declared ' touching the Succession, he should not recede from. But that to remove all reasonable Fears, that might arise from the Possibility of a Popish Successor, if means could be found that in such a Case the Administration should remain in Protestant hands, He should be ready to hearken to any such expedient by which Religion might be secured and Monarchy not destroyed. Lastly, He advised them to make the Known and Establish Laws of the Land the Rules and Measures of their Votes. Which done he commanded the Commons to return to their House and make choice of their Speaker. Thereupon Mr. William's Speaker of the last Parliament being again made choice of, and conducted to the Chair, made a short Speech to the House upon his Acceptance. That the Unamious choice of the House had jest him without excuse to disable himself for their Service, it being to be supposed that who the Commons Elected was fit for the Trust. That it did not become him to offer assurance of his Constancy, Fidelity, and Vigilancy, the just Sense of the Honour conferred upon him, being an Engagement for him to do and suffer whatever Flesh and Blood could do and suffer in their choice. That it was a time not to speak much, but act well, and therefore desired that their Debates might be regular and orderly without reflection or passion, and that his behaviour might have their kind and candid Construction. Upon Tuesday the 22d of March, the Commons attended his Majesty in the Lord's House; at which time Mr. Speaker humbly represented in another Speech. That the Commons in obedience to his Royal pleasure for the disposal of themselves in that great Assembly to serve him, had with one voice elected him their Speaker, as having had the Honour to serve his Majesty and the Commons in that Trust in the last Parliament. Whereupon with all humility he did again by their Command to receive his pleasure with a Head and Heart full of Loyalty to his Sacred Person, armed with a settled resolution never to depart from his Majesty's ancient and well settled Government. To which the Lord Chancellor in few words made Answer, That his Majesty had well considered the Choice, and did very well approve of the Election, and allowed him for Speaker. Then Mr. Speaker made another Address to his Majesty, setting forth how much his Majesty's Grace and favour in the last Parliament, continued by the Honour he had in the next, did increase his Obligations to Loyalty. That as he was set in a High Station, so he would endeavour to manifest his uprightness in it; believing that his Majesty's service in that great Place was one and the same with that of his Commons, no more to be divided then his Crown and Sceptre. After which, he made an humble claim in the Name of the Commons of England, of all the Ancient Rights for them and their Servants, freedom of Speech in their debates, and liberty of access to his Person, according to Custom. Concluding by way of Petition to his Majesty, that nothing by him said, either through weakness or inadvertency, should tend to the prejudice of the Commons, and that his behaviour and proceedings might receive a favourable Interpretation from his Majesty. To which the Lord Chancellor by his Majesties command reurned for Answer, That their Petitions were fully and freely granted, in as large and ample manner as ever any House enjoyed them; his Majesty being assured that the House would make as prudent a use of them, as ever any of their Ancestors; and that his own particuar Petition was grateful to the King too, knowing that he would be as ready to avoid, as the King to forgive mistakes. The next day being the Twenty-third, was spent in taking the Oaths of Allegiance and Supremacy, and subscribing the Declaration directed by the Act made in the Thirteenth year of the King. Thursday the Twenty-Fourth produced little remarkable, several Petitions about Elections were presented; and an Order made for setting the next Saturday aside to consider of a means for securing the Protestant Religion, and the safety of the King's Person. The Twenty-Fift of March, being Friday, the Lords sent down the Answer of Sir William Scrogs to the Articles of Impeachment exhibited against him by the former Parliament, together with his Petition to the house of Peers. But nothing was done in it; for the House fell upon three affairs of Higher concernment. The first was the consideration of the matter relating to a Bill, which had passed both Houses in the last Parliament, Entitled, An Act for Repeal of a Statute made in the Thirty-Fift Year of the Reign of Queen Elizabeth, but was not tendered to his Majesty for his Royal Assent. Whereupon it was resolved that a Message should be sent to the Lords, to desire a Conferencc as to matters relating to the Constitution of Parliaments in passing of Bills; and Ordered a Committee to prepare what was fit to be offered at the said Conference. Another Message was also Ordered to be sent to the Lords to put them in mind, that the Commons had formerly by their Speaker demanded judgement of High Treason at their Bar against the Earl of Danby; and therefore to desire their Lordships to appoint a day to give judgement against him the said Earl upon the said Impeachment. The same day the Examination of Ed. Fits-Harris, relating to the Popish Plot was read in the House. Upon which the said Examination was Ordered to be Printed, the said Fits-Harris to be impeached at the Lords Bar, and a Committee appointed to draw up Articles against him. The Sum of Fits-Harris's Examination was this, That in the Year 1672. One Father-Gough, an English Priest should tell him at Paris, that within two Years after, he should see the Catholic Religion established in England. To which purpose if the King would not comply, that Order was taken that he should be taken off and killed. That the same Priest told him, that the D. of T. was a Catholic, so made by his Mother, in whose Reign there would be no difficulty of doing it. And farther, that the Declaration of Indulgence, and the War against Holland were in Order to the introducing of the Catholic Religion into England. And the same Author reported to him, That Madam came over to Dover, about the same design. That he knew several Commanders in the Army mustered upon Black-Heath, to be Roman-Catholick's, and that it was the common Intelligence and Opinion among them that the said Army was raised to bring in the Romon-Catholick-Religion into England. That in the Year 1679. Marquis Montecuculi, the D. of Modena's Envoy, told him, if he would undertake to kill the King, either in his own Person, or by any other, he should have Ten-Thousand pound. That the same Marquis told him, that upon killing the King, the Army in Flanders and Parts adjoying to France, was to come over to destroy the Protestant-Party, after which there should be no more Parliaments in England; and that the D. of Y. was privy to all these designs. That in the Year 1680. He met Kelley the Priest at Calais, who owned himself to be one of the Murderers of Sir Edmundbury Godfrey, and that the same was done, much as Prance had related it; and, That Monsieur De-Puy a Servant to the D. of Y. had told him, soon after the said Murder was committed, that the said Murder was consulted at Windsor; and farther told him, that there was a necessity of taking off the King, and that it would soon be done; with some other passages of less remark to the same purpose. Upon this Information Mr. Secretary Jenkins was Ordered to go up and impeach the said Fits-Harris, at the Bar of the Lords House. In the mean time, that is to say, in the forenoon of the next day, being Saturday the 26 of March; other Examinations of Mr. John Serjeant and David Maurice, relating to the Popish-Plot were Read, and Ordered to be Printed. That of Sergeant was short, that a Gentlewoman an Acquaintance of his in Flanders, one Mrs. Skipwith told him, That Gawen, one of the Five Jesuits which were Hanged, had maintained against a scruple of Conscience by her put, that the Queen might not only lawfully kill the King for violating her Bed, but was bound to do it, and that if she did not, she was guilty of his greater Damnation in letting him continue so long. Maurice's Information was shorter, That he heard the Gentlewoman confirm the Truth of Gawens' words. Presently after, the House taking into debate the means for the security of the Protestant Religion, and safety of his Majesty's Person, came to a Resolution, that a Bill should be brought in for excluding James D. of York from Inheriting the Imperial Crowns of England and Ireland, and the Dominions and Territories thereto belonging. The same Day in the Afternoon, the House being informed that the Lords had refused to proceed upon their Impeachment of Edward-Fits-Harris, and had directed, that he should be proceeded against at Common-Law, They came to three Resolves. That it was the undoubted Right of the Commons in Parliament assembled to impeach before the Lords in Parliament: any Peer or Commoner for Treason, or any other Crime or Misdemeanour, and that the Refusal of the Lords to proceed in Parliament upon such an Impeachment was a denial of Justice, and a violation of the Constitution of Parliaments. Secondly, That in the Case of Edward Fits-Harris, who had been impeached by the Commons for High Treason before the Lords, with a Declaration, that in convenient time they would bring up Articles against him, for the Lords to resolve, That the said Fits-Harris should be proceeded against according to the Course of Common-Law, and not by way of Impeachment in Parliament, at that time, was a violation of the Constitution of Parliaments, and an Obstruction to the farther Discovery of the Popish-Plot, and of great danger to his Majesty's Person, and the Protestant-Religion. Thirdly for any Inferior Court to proceed against Edward Fits-Harris, or any other Person lying under an Impeachment in Parliament, for the same Crime, for which they stood impeached, was a High breach of the Privilege of Parliament. After this, they Ordered two Bills to be brought in, The one for the better Uniting his Majesty's Protestant-Subjects; The other for banishing the most considerable Papists in England by their Names out of his Majesty's Dominions. Monday the Twenty-eighth Day of March, and last of the Session little remarkable passed, only the Bill of Exclusion was read a Second time. But these and all other their debates that Morning put a sudden Conclusion, for soon after being sent for by the King to the House of Lords: his Majesty told them, That their beginnings had been such that he could expect no good success of this Parliament, and therefore thought fit to dissolve them, and accordingly the Chancellor by the Kings command declared the Parliament dissolved. After the Dessolution of the Parliament, the King went back to Windsor, the same Day, and from thence after a stay of some few Hours, returned to White-Hall▪ Fame. I will not ask Thee, what were the Coffeehouses Censures and Comments upon an Action of so much importance, and so sudden as this. Truth. No, for if Thou didst, it would be to no purpose: For Thou knowest I have little to do there; but the first thing that I saw in Public upon the Stalls, was a Half-sheet of Paper entitled, The Protestation of the Lords, Upon rejecting the Impeachment of Mr. Fits-Harris; giving for Reasons, why it was the undoubted Right of the Commons so to do, because great Offences that influence the Parliament, were most effectually determined in Parliament, nor could the complaint be determined any where else. For that if the Party should be Indicted in the King's Bench, or any other Inferior Court for the same Offence, yet it were the same Suit; an Impeachment being at the suit of the People, but an Indictment at the suit of the King. Besides that they conceived it to be a denial of Justice, in regard the House of Peers, as to Impeachments, proceeding by Virtue of their Judicial, not their Legislative Power, could not deny any Suitors, but more especially the Commons of England, no more than the Courts of Westminster, or any other Inferior Courts could deny any Suit or Criminal Cause regularly Commenced before them. Signed according to the Printed Copy, Monmuoth Kent. Huntingdon. Bedford. Salisbury. Clare. Stamford. Sunderland. Essex. Shaftsbury. Macclesfield. Mordant. Wharton. Paget. Grey of Wark. Herbert of Cherbury. Cornwallis. Lovelace. Crew. Upon the Monday next after Easter-Week, came forth His Majesty's Declaration, showing the Causes and Reasons that moved him to dissolve the Two last Parliaments. Wherein after he had set forth with how much reluctancy he did it, and how absolute his Intentions were to have complied, as far as would have consisted with the very being of the Government, with any thing that could have been proposed to him for preserving the Established Religion, the Liberty and Property of the Subject at home, and supporting the Foreign Alliances, he took notice of the unsuitable Returns of the House of Commons; their Addresses in the Nature of Remonstrances; their Arbitrary Orders for taking Persons into Custody for Matters that had no Relation to their Privileges; and their strange Illegal Votes declaring divers Eminent Persons, Enemies to the King and Kingdom, without any Order or Process of Law or hearing their Defence. That besides these Proceedings they had Voted, That whoever should Lend any Money upon the Branches of the Revenue, or Buy any Tally of Anticipation, or pay any such Tally should be adjudged to hinder the sitting of Parliaments, and be answerable to the same in Parliament. Which Votes, instead of giving him Assistance, tended rather to disable him, and to expose him to all dangers that might happen at Home or Abroad, and to deprive him of the possibility of supporting the Government itself, and to reduce him to a more helpless Condition than the meanest of his Subjects. That they had Voted the Prosecution of Protestant Dissenters, upon the Penal-Laws a grievance to the Subject, a weakening to the Protestant Interest, an Encouragement to Popery, and dangerous to the Peace of the Kingdom. Whereby they assumed to themselves a Power of suspending Acts of Parliament. Which unwarrantable Proceedings were the Occasion of his parting with the first Parliament. That having Assembled another at Oxford, he gave them warning of the Errors of the former, and required them to make the Law of the Land their Rule, as he resolved it should be his. Adding withal, that though he could not depart from what he had so often declared touching the Succession, Yet to remove all Reasonable fears that might arise from a Popish Successor; if means could be found that in such a Case the Administration of the Government might remain in Protestant Hands, he was ready to hearken to any expedient for the preservation of the Established Religion without the Destruction of Monarchy. Notwithstanding all which, no expedient could be found, but that of a Total Exclusion, which he was so nearly concerned in Honour, Justice and Conscience not to Consent to. Nor did he believe, as he had Reason so to do, but that if he had in the last Parliament at Westminster consented to a Bill of Exclusion; that the Intent was not to have rested there, but to have attempted some other great and important Changes. That the business of Fits-Harris, impeached by the Commons of High Treason, and by the Lords referred to the Ordinary Course of Law, was on a sudden carried to that Extremity by the Votes of the House of Commons, March 26. That there was no possibility left of a Reconciliation. Whereby an impeachment was made use of, to delay a Trial directed against a professed Papist, charged with Treasons of an extraordinary Nature. That nevertheless he was resolved that no Irregularities in Parliaments should make him out of love with them, but by the Blessing of God to have frequent Parliaments, and both in and out of Parliament, to use all his utmost endeavours to extirpate Popery, and to redress the Grievances of his good Subjects, and in all things to Govern according to the Laws of the Kingdom. This Declaration being published, was likewise ordered to be read in all Churches and Chapples throughout the Kingdom. And thus my dear Friend Fame (for thou art some times a Friend to me as well as to Falsehood) I have been Candid toward thee, in giving Thee plainly without Comment or Observations either on the one side or the other, a true Account of the most Memorable passages of the Two last Parliaments, in due Series and Connexion for the aid and assistance of thy Memory. Now take thy flight, and make the best Use of thy Packet which thou canst. If thou seekest for more, go look among the Intelligences; which though they will deceive Thee: may perhaps better tickle the Fancies than the Judgements of the People. A NEW AND TRUE CATALOGUE OF THE HOUSE of LORDS, Together with the Knights, Citizens, Burgesses, and Barons OF THE CINQUE-PORTS; That were Returned to serve in the Parliament of ENGLAND Assembled at OXFORD the twenty-first of March 1681. Note, That those that have this Mark (*) after them, were not Members of the foregoing Parliament. The LORDS JAMES Duke of York and Albany. Rupert Duke of Cumberland Heneage Finch Baron of Daventry, Lord Chancellor of England. John Earl of Radnor Lord Precedent of the Council. Arthur Earl of Anglesey Lord Privy-Seal. Henry Duke of Norfolk. Charles Seymore Duke of Somerset under Age. George Duke of Buckingham. Christopher Duke of Albemarl. James Duke of Monmouth. Henry Duke of Newcastle. Charles Lenox Duke of Richmond, under Age. Charles Fitz-Roy Duke of Southampton, under Age. Henry Fitz- Roy Duke of Grafton. Charles Lord Marq. of Winchester. Henry Lord Marq. of Worcester. Robert Earl of Lindsey, Lord Great Chamberlain. James Earl of Brecon, Lord Steward of the Household. Aubrey Earl of Oxford. Charles' Talbot Earl of Salop, if at Age. Anthony Earl of Kent, William Richard George Earl of Derby. John Earl of Rutland. Theophilus' Earl of Huntingdon. William Earl of Bedford. Philip Earl of Pembroke and Montgomery. Edward Earl of Lincoln, Charles' Earl of Nottingham. James Eral of Suffolk. Charles Earl of Dorset and Middlesex. James Earl of Salisbury. John Earl of Exeter. John Earl of Bridgewater. Philip Earl of Leicester. James Earl of Northampton. Edward Rich Earl of Warwick and Holland, under Age William Earl of Devonshire. William Earl of Denbigh. John Earl of Bristol. Gilbert Earl of Clare. Oliver Earl of Bullingbrook. Charles' Earl of Westmorland. Robert Earl of Manchester. Thomas Earl of Berkshire. John Earl of Mulgrave. Thomas Earl of Rivers. Henry Earl of Peterborough. Thomas Earl of Stamford. Heneage Earl of Winchelsea. Charles Earl of Carnarvan. Philip Earl of Chesterfield. Richare Earl of Thanet. William Earl of Strafford. Robert Earl of Sunderland. Robert Earl of Scarsdale. Charles Earl of Rochester. Henry Earl of St. Alban, Edward Earl of Sandwich. Henry Earl of Clarendon. Arthur Earl of Essex. Robert Earl of Cardigan. John Earl of Bath. Charles' Earl of Carlisle. William Earl of Craven. Robert Earl of Ailesbury. Richard Earl of Burlington. Anthony Earl of Shaftsbury. Edward Henry Lee Earl of Lichfield under Age. John Earl of Guildford. Thomas, Earl of Sussex, Lewis Earl of Feversham, George Earl of Hallifax. Charles Earl of Mackelsfield. Robert Earl of Yarmonth. George Earl of Berkley. Edw. Conway Earl of Conway. Leicester Devereux Viscount Heriford under Age Francis Viscount Montague. William Viscount Say and Seal. Baptist Viscount Camden. Thomas Viscount Faulconbridge. Charles Viscount Mordant. Francis Viscount Newport. Henry Lord Mowbroy, George Nevil Lord Abergavenny under Age. James Lord Audley. Charles Lord La Warr. Thomas Lord Morley & Mounteagle. Robert Lord Ferrer. Coniers Lord Darcy and Meynel. Charles Lord Fitzwater, under Age. Henry Lord Grey, under Age. William Lord Stourton. Conyers Lord Conyers. Henry Lord Sandys. Thomas Lord Windsor. Thomas Lord Cromwell. Ralph Lord Eure. Philip Lord Wharton. Tho, Lord Willoughby of Parham. William Lord Pagett. Charles Lord North Grey of Rolleston. James Lord Chandos. Robert Lord Hunsdon. James Lord Norreys. Digby Lord Gerrard, under Age. Christopher Lord Tenham. Fulk Lord Brook. Edward Lord Montague of Boughton. Ford Lord Grey of Wark. John Lord Lovelace. John Lord Paulet. William Lord Maynard. John Lord Coventry. William Lord Howard of Escrick. Charles Lord Mohun under Age. Henry Lord Herbert of Cherbury. Thomas Lord Leigh. Christopher Lord Hatton. Richard Lord Byron. Richard Lord Vaughan. Francis Lord Carrington. William Lord Widdrington. Edward Lord Ward. Thomas Lord Culpeper, Jacob Lord Astley. Charles Lord Lucas. Edward Lord Rockingham. Robert Sutton Lord Lexington▪ under Age Charles Henry Lord Wooton. Marmaduke Lord Langdale. Charles Lord Berklay of Stratton, under Age. Francis Lord Holles. Charles Lord Cornwallis, George Lord Delamere. Horatio Lord Townsend. Thomas Lord Crew. John Lord Frescheville. Richard Lord Arundel of Trevise▪ James Lord Butler of Moor-park, under Age. Hugh Lord Clifford, under Age. Richard Lord Butler of Weston. Edward Noel Lord Titchfield. Archbishops and Bishops. Dr William Sancroft, Lord ArchBishop of Canterbury. Dr Richard Stern, L. Archhishop of York, Dr Henry Compton, Lord Bishop of London. Dr. Nathaniel Crew, Lord Bishop of Durham. Dr George Morley, Lord Bishop of Winchester. Dr. Herbert Crofts, Lord Bishop of Hereford. Dr. Seth Ward, Lord Bishop of Salisbury. Dr. Edward Rainbow Lord Bishop of Carlisle. Dr. John Dolben, Lord Bishop of Rochester. Dr. Anthony Sparrow, Lord Bishop of Norwich. Dr. Peter Gunning, Lord Bishop of Ely. Dr. Thomas Wood, Lord Bishop of Lichfield and Coventry. Dr. Peter Mew, Lord Bishop of Bath and Wells. Dr. John Pierson, Lord Bishop of Chester Dr. Humphrey Lloyd, Lord Bishop of Bangor. Dr. William Lloyd, Lord Bishop of Peterborough. Dr. Guy Carlton, Lord Bishop of Chichester. Dr. Thomas Barlow, Lord Bishop of Lincoln. Dr. James Fleetwood, Lord Bishop of Worcester. Dr. John Fell, Lord Bishop of Oxford. Dr. Thomas Lamplough, Lord Bishop of Exeter. Dr. William Thomas, Lord Bishop of St. David's. Dr. William Gulston, Lord Bishop of Bristol. Dr. William Beaw, Lord Bishop of Lland●ff. Dr. William Lloyd, Lord Bishop of St. Asaph. Note that the LORDS under Age are not Called by the King's WRIT. And Papists are excluded by Law. The COMMONS. BEDFORDSHIRE. 4. William Lord Russel Sir Humphrey Monnox, Baronet. Town of Bedford. Pawlet St. John Esquire. Sir William Franklin Knight. BARKS. 9 William Barker Esquire. Richard Southby Esq. Borough of Reading. John Blagrave Esq. Nathan Knight Esq. Borough of Wallingford. Scory Barker Esq. * Taverner Harris Esq Borough of Abington. Sir. John Stonehouse. BUCKS. 14. Thomas Wharton Esq Richard Hambden Esq. Town of Buckingham. Sir Richard Temple Knight of the Bath., and Baronet. * Sir Ralph Varney Knight and Baronet. Borough of Chipping-Wiccomb. Sir John Borlase Baronet. Thomas Lewis Esq. Borough of Aylsbury. Sir Thomas Lee Baronet. Sir Richard Ingoldesby Knight of the Bath. Borough of Agmondesham. Sir William Drake Knight. * William Cheyney Esq. Borough of Wendover John Hambden Esq. Edward Backwel Esq. Borough of Great Marlowe. John Borlase Esq. * Thomas Hobby Esq. CAMBRIDGE 6 Sir Levinus Benet Baronet. Sir Robert Cotton Knight. University of Cambridge. Sir Thomas Exton Knight. * Robert Bradey Dr. of Physic. Town of Cambridge. William Lord Allington. Sir Thomas Chicheley Knight. CHESTER 4. Henry Booth Esq. Sir Robery Cotton Knight & Bar. City of Chester, William Williams [Speaker.] Roger Whitley Esq. CORNWALL. 44. Francis Robert's Esq. Sir Richard Edgcomb Knight of the Bath. Borough of Danhivid, alias Lanceston. Sir Hugh Piper Knight. William Harboured Esq. Borough of Leskard. Sir Jonathan Trelawney Baronet. John Buller Esq. Borough of Lestwithiel. Sir John Carew Baronet. Walter Kendal Esq. Borough of Truro. Edward Boscawen Esq. * Henry Ashhurst Esq. Borough of Bodwin Hender Robert's Esq. Nicholas Glynn Esq. Borough of Helston. * Charles Godolphin Esq. Sidney Godolphin Esq. Borough of Saltash. Bernard Greenvil Esq. Sir John Davie Baronet. Borough of Camelford. Robert Russel Esq. Sir James Smith Knight. Borough of Port-pigham alias Westlow. John Trelawney of Westm. Esq. * Jonathan Trelawney of Coldrunoch. Borough of Crampound. John Tanner Esq. Nicholas Herle Esq. Borough of Eastlow. Sir Jonathan Trelawney Baronet. * John Kendal Esq. Borough of Penryn. Sir Nicholas Slanning Knight of the Bath and Baronet. Charles Smith Esq. Borough of Tregony. Hugh Boscawen Esq. Charles' Trevannian Esq. Borough of Bossiney, Charles Bodvile Robert's Esq. * Sir Peter Coryton Baronet. Borough of St. Ives. Edward Noseworthy junior Esq. * James Prade jun. Esq. Borough of Foway. Jonathan Rashleigh Esq. John Trefry Esq. Boroagh of St. Germane. Daniel eliot Esq. Richard eliot Esq. Borough of St. Michael. * Sir William Russel Knight. * Henry Vincent Esq. Borough of Newport. * William Morris Esq. Ambrose Manaton Esq. Borough of St. Maws. Sir Joseph Tredenham Knight. Henry Seymour jun. Esq. Borough of Killinton. William Coriton Esq. Richard Carew Esq. CUMBERLAND 6. * Sir George Fletcher Baronet. Sir John Lowther Baronet. City of Carlisle. Edward Lord Morpeth. Sir Christopher Musgrave Knight. Borough of Cockermouth. Sir Richard Grahme Baronet. Orlando Gee Esq. DERBY 4 William Lord Cavendish. William Sacheveril Esq. Town of Derby. Anchitel Grace Esq George Vernon Esp. DE●ONSHIRE 26. Sir William Courtenay Baronel. Samuel roll Esq. City of Exeter. * Sir Thomas Carew Knight. * Thomas Walker Esq. Borough of Totnes * John Kelland Esq. * Charles Kelland Esq. Borough of Plymouth. Sir John Maynard Knight Sir William Jones Knight. Town of Okehampton Sir Arthur Harris Baronet * Sir George Cary Knight. Borough of Barnstable. John Basset Esq. Richard Lee Esq. Borough of Plympton. Sir George Treby Knight. John Pollexfen Merchant. Borough of Honiton, Sir Walter Young Baronet. Sir Thomas Put Baronet. Borough of Tavistock. Edward Russel Esq. Sir Francis Drake Baronet. Borough of Ashburton. Thomas Reynel Esq. * William Stawel Esq. Borough of Clifton, Dartmouth and Hardness. Edward Yard Esq. John Vpton Esq. Borough of Beralston. * Sir Duncomb Colchester Knight * John Elwell Merchant. Borough of Tiverton. Samuel Foot Esq. Sir Henry Ford Knight. DORSETshIRE 20 Thomas Freke Esq. Thomas Strangeways Esq. Town of Pool. Thomas Chafin Esq. Henry Trenchard Esq. Borough of Dorchester. James Gould Esq. Nathaniel Bond Esq. Borough of Lime. Regis. Henry Henly Esq. Thomas Moor Esq. Borough of Weymouth. Sir John Coventry Kt. of Bath. Michael Harvey Esq. Melcomb-Regis. Sir John Morton Baronet. * Henry Henning Esq. Borough of Bridport. William Brag Esq. * John Michael Esq. Borough of Shafton, alias Shaftsbury. Sir Matthew Andrews Knight. Thomas Benn●t Esq. Borough of Wareham. Thomas earl Esq. George Savage Esq. Borough of Corfe-Castle. Sir Nath. Naper Knight and Baronet. * Richard Fowns Esq. DURHAM 4. William Bowes Esq. Thomas Fetherstone Hough Esq. City of Durham. Sir Richard Lloyd Knight. * Samuel Tempest. ESSEX 8. Henry Mildmay Esq. John Lemot Honywood Esq. Borough of Colchester. Sir Harbottle Grimston Baronet. * Samuel Reynolds Esq. Borough of Malden. Sir William Wiseman. Kt. and Baronet. Sir Thomas Darcy Baronet. Borough of Harwich. Sir Philip Parker Baronet. Sir Thomas Mydalton Knight. GLOUCESTERSHIRE 8. Sir Ralph Dutton Baronet. Sir John Guise Baronet. City of Gloucester. Charles Lord Durseley. * Charles Somerset Lord Herbert. Borough of Cirencester. Sir Robert Atkins Jun. Knight. Henry paul Esq. Borough of Tukesbury. Sir Henry Capel Knight of the Bath. Sir Francis Russel Baronet. HEREFORDSHIRE 8. John Viscount Scudamore. Sir Edward Harley Knight of the Bath. City of Hereford. Paul Foley Esq. * Henry Aubrey Esq. Borough of Lempster. John Dutton Colt. Esq. Thomas Conings by Esq. Borough of Webley, John Birch Esq. John Booth Esq. HERTFORDSHIRE. 6 Sir Charles Caesar Knight. * William Hales Esq. Borough of St. Alban. Sir Thomas Pope Blount Baronet. Samuel Grimston Esq. Borough of Hertford Sir Thomas Bide Knight. Sir William Couper Baronet. HUNTINGTONSHIRE 4 Sir Thomas Proby Baronet. Silas Titus Esq. Borough of Huntingdon. Sidey Wortley alias Montague Esq. Lionel Walden Esq. KENT 10. Sir Vere Fane Knight of the Bath. Edward Dering Esq. City of Canterbury. * Lewis Watson Esq. * Vincent Den Esq. City of Rochester. Sir John Banks Baronet. * Sir Francis Clerk Knight. Borough of Maidstone. Sir John Tufton Knight and Baronet. Thomas Fane Esq. Borough of Quinborough. William Glonvil Esq. * Gerard Gore Esq. LANCASTER. 14. Charles Lord Brandon. Sir Charles Houghton Baronet. Borough of Lancaster. Richard Kirkby Esq. William Spencer jun. Esq. Borough or Town of Preston in Amounderness, Sir Robert Carr Knight and Baronet. Sir Gervas' Elwes Baronet. Borough of Newton. Sir John Chicheley Knight. Andrew Fountain Esq. Borough of Wigon▪ * Richard Lord Colchester. Charles Earl of Ancram. Borough of Clithero. Sir Thomas Stringer Knight. * Henry Marsden Esq. Borough of Leverpool. Ruishee Wentworth Esq. John Duobois Merchant. LEICESTER 4. Bennet Lord Sherrard. Sir John Hartop Baronet. Town of Leicester. John Grace Esq. Sir Henry Beaumond Knight. LINCOLN 12 George Lord Viscount Castleton. Sir Robert Carr Knight and Baronet. City of Lincoln. * Sir Thomas Hussey Knight, Sir Thomas Meers Knight. Borough of Beston Sir Anthony Irby Knight. Sir William York Knight. Borough of Great Grimsby. William Broxolme Esq. George Pelham Esq. Town of Stamford. Sir Richard Cust Baronet. William Hyde Esq. Borough of Grantham. Sir William Ellis Baronet. Sir John Newton Baronet. MIDDLESEX 8. Sir William robart's Knight. * Nicholas Raynton Esq. City of Westminster. Sir William Poultney Knight. Sir William Waller Knight. London. Sir Robert Clayton Knight Alderman. Thomas Pilkington Esq. Alderman. Sir Thomas Player Knight. William Love Esq. MONMOUTH 3. Sir Trevor Welliams' Baronet. Sir Edward Morgon Knight. Borough of Monmouth. John Arnold Esq. NORFOLK 12. Sir John Hobart Baronet. Sir Peter Gleen Baronet. City of Norwich. William Lord Paston. Augustin Briggs Esq. Town of Lyn-Regis. * Sir Henry Hobart Knight. Simon Taylor Esq. Town of Great Yarmouth. * Sir James Johnson Knight. George England Esq. Borough of Thetford. Sir Joseph Williamson Knight. William Harboured Esq. Borough of Castlerising. Sir Robert Howard Knight. James Host Esq. NORTHAMPTON 9 John Parkhurst Esq. Miles Fleetwod Esq. City of Peterborough. * William Lord Fitz-Williams. Francis St. John Esq. Town of Northampton. Ralph Montague Esq. Sir William Langham Knight. Town of Brackley. Sir Richard Wenham Baronet. * William Lisle Esq. Borough of Higham-Ferries Sir Rice Rud Baronet. NORTHUMBERLAND 8. Sir John Fenwick Baronet. Sir Ralph Dalaval Baronet. Town of Newcastle upon Tine. Sir Ralph Carr Knight. Sir Nathaniel Johnson Knight. Borough of Morpeth. Sir George Downing Knight and Baronet. Daniel Collingwood Esq. Town of Berwick upon Tweed. Ralph Grey Esq. John Rushworth Esq. NOTTINGHAM 8. Sir Scroop How Knight. John White Esq. Town of Nottingham. Robert Pierrepoint Esq. Richard Slater Esq. Borough of East-Retford. Sir Edward Nevile Knight and Baronet. Sir William Hickman Baronet. Town of Newark upon Trent. Sir Robert Markham Baronet. Sir Richard Rothwel Baronet. OXON. 9 Thomas Hord Esq. * Sir Philip Harcourt Knight. University of Oxon. Sir Lionel Jenkins Knight. Charles Perrot Dr. of Laws. City of Oxon. William Wright Esq. Broom Whorhood Esq. Borough of New-woodstock. * Henry Barty Esq. Nicholas Baynton Esq. Borough of Banbury. Sir John Holman Baronet. RUTLAND 2. Philip Sherrard Esq. * Edward Fawkener Esq. SALOP. 12. Richard Newport Esq. William Levison Gower Esq. Town of Salop. Sir Richard Corbet Baronet. Edward Kinnaston Esq. Borough of Burges alias Bridgnorth. Sir William Whitmore Baronet. Sir Thomas Whitmore Knight of the Bath. Borough of Ludlow. Francis Charleton Esq. * Charles Baldwyn Esq. Borough of Great Wenlock. John Woolriche Esq. William Forrester Esq. Town of Bishop's Castle. Sir Richard Mason Knight. * Richard More Esq. SOMERSET. 18. Sir William Portman Baronet. George Speke Esq. City of Bristol. * Sir Richard Hart Knight. * Thomas Earl Esq. City of Bath. * Maurice Viscount Fitzharding. * Sir William Basset Knight. City of Wells. William Coward Esq. John Hall Esq. Borough of Taunton. Edmund Prideaux Esq. John Trenchard Esq. Borough of Bridgwater. Sir Haswel Tynt Baronet. * Sir John Mallet Knight. Borough of Minehead. Francis Lutterel Esq. Thomas Palmer Esq. Borough of Ilcester. * Sir John St. Barb. * Thomas Hoddy jun. Esq. Borough of Milburn-Port. John Hunt Esq. Henry Bull Esq. SOUTHAMPTON 6. * Charles Earl of Wiltshire. Sir Francis roll Knight. City of Winchester. James Lord Annesly. Sir John Cloberry Knight. Town of Southampton. Sir Charles Wingham Knight. Sir Benjamin Newland Knight. Town of Portsmouth. George Legg Esq. Richard Norton Esq. Borough of Yarmouth. * Sir Thomas Littleton Baronet. Lemuel Kingdon Esq. Borough of Petersfield. Sir John Norton Baronet. Leonard Bilson Esq. Borough of Newport alias Medona. Sir Robert Dillington Baronet. John Leigh Esq. Borough of Stockbridge. * Essex Stroud Esq. Oliver St. John's Esq. Boroagh of Newton. Daniel Finch Esq. Sir John Holmes Knight. Borough of Christ-Church. Sir Thomas Clarges Knight. George Fulford Esq. Borough of Whitchurch. Richard Ayleffe Esq. Henry Wallop Esq. Borough of Limington. Henry Dawley Esq. John Burrard Esq. Town of Andover. * Charles West Esq. * John Collins Esq. STAFFORDSHIRE 10. Sir Walter Baggot Baronet. Sir John Bower Baronet. City of Lichfield. Daniel Finch Esq. Michael Biddulph Esq. Borough of Stafford. Sir Thomas Armstrong Kt. * Edwin Skrymsher Esq. Borough of Newcastle under Line. Sir Thomas Bellot Bar. William Leveston Gower Esq. Borough of Tamworth. Sir Thomas Thynne Bar. by one Indent. * Sir John Swynfen Esq. by one Indent. John Swynfen Esq. by another Indenture. * John Turton Esq. by another Indenture. SUffOLK 16. Sir Samuel Barnardiston Bar. Sir William Spring Bar. Borough of Ipswich. John Wright Esq. Sir John Barker Bar. Borough of Dunwich. Sir Robert Kemp Bar. Sir Philip Skippon Knight. Borough of Orford. Sir John Duke Bar. * Thomas Glemham Esq. Borough of Alborough▪ John Bence Esq. John Corrance Esq. Borough of Sudbury. Sir Gervase Elwes Bar. Garvasa Elwes Esq, Borough of Eye. * Sir Robert Reve Bar. * Sir Charles Gaudey Knight Bar. Borough of St, Edmondsbury. Sir Thomas Harvey Knight. Themas Jermyn Esq. SURREY 14. Arthur Onslow Esq. George Evelyn of Wotton Esq. Borough of Southwark. Sir Richard How Knight. Peter Rich Esq. Borough of Bletchingly. * Sir William Gulston Kt. George Evelyn of Nutfield Esq. Borough of Ryegate * Ralph Freeman Esq. Dean Goodwin Esq. Borough of Guildford. Richard Onslow Esq. Morgan Randyl Esq. Borough of Gatton. Sir Nicholas Carew Kt. Thonas Turgis Esq. Borough of Haslemeere. * Sir William More Bar. George Woodroffe Esq. SUSSEX 20. Sir William Thomas Bar. Sir John Fag Bar. City of Chichester. John Braman Esq. Richard Farrington Esq. Burough of Horseham. * John Machell Esq. John Michael Esq. Burough of Midhurst. * William Montague Esq. * John Cook Esq. Burough of Lewis. Thomas Pelham Esq. Richard Bridger Esq. Burough of New Shoreham. * Robert Fag Esq. John Hales Esq. Burough of Bramber. * Peirey Goring Esq. Henry Goring Esq. Burough of staining. Sir John Fag Bar. * Sir James Morton Knight. Burough of East-Grinstead. * Sir Cyril Wych Kt. Henry Powel Esq. Burough of Arundel. William Garway Esq. James Butler Esq. WARWICKSHIRE 6. * Sir Richard Newdigate Bar. * Thomas Mariot Esq. City of Coventry. Richard Hopkins Esq. John Stratford Esq. Burough of Warwick. Thomas Lucy Esq. * Thomas Coventry Esq. WESTMORELAND 4. * Sir John Lowther of Lowther, Bar. Allan Bellingham Esq. Burough of Apulby. * Sacvil Tufton Esq. * Sir John Bland Bar. WILTSHIRE 24. Sir Walter St. John Bar. Thomas Thine Esq. City of New Sarum. * John Windham Esq. Alexander Thistlewait Esq. Burough of Wilton. Thomas Herbert Esq. Sir John Nicolas Kt. of the Bath. Burough of Downton. Sir Joseph Ash Bar. Maurice Bockland Esq. Burough of Hindon. Sir Richard Grobham How Kt. and Bar. * John Thynne Esq. Burough of Westbury William Trenchard Esq. * John Ash Esq. Burough of Hetsbury. William Ash Esq. Edward Ash Esq. Burough of Calne. Sir George Hungerford Knight. * Walter Norbon Esq. Borough of Devizes. * Sir Walter Earneley Bar. * George Johnson Esq. Borough of Chipengham. Sir Edward Hungerford Kt. of the Bath. Sir George Speke Bar. Borough of Malmesbury. Sir William Escourt Bar. Sir James Long Bar. Borough of Cricklade. William Lenthal Esq. Edmund Webb Esq. Borough of Great Bedwyn. * Sir John Earnly Kt. * John Wildman Esq. Borough of Ludgersale. Thomas Neal Esq. by one Indenture. John Garrard Esq. by one Indenture. * Sir John Talbot K. by another Indenture. * John Smith Esq. by another Indenture. Borough of Old Sarum. Sir Eliab Harvey Kt. Sir Thomas Mompesson Kt. Borough of Wotton Basset. Henry St. John Esq. * John Pleydal Esq. Borough of Marleborough. Thomas Lord Bruce. Thomas Bennet Esq. WORCESTERSHIRE 9 Thomas Foley Esq. * Bridges Nanfan Esq. City of Worcester. Sir Frances Winington Kt. * Henry Herbert Esq. Borough of Droitwich. Henry Coventry Esq. Samuel Sandys signior, Esq. Borough of Evesham. Sir James Rushout Bar. * Edward Rudge Esq. Borough of Bewdly. Philip Foley Esq. YORK 30. Charles' Lord Clifford. Henry Lord Fairfax. City of York. Sir Henry Thompson Kt. Sir John Hewly Kt. Town of Kingston upon Hull. Sir Michael Warton Kt. William Gee Esq. Borough of Knaesborough. Sir Thomas Slingsby Bar. William Stockdale Esq. Borough of Scarborough. William Thompson Esq. Francis Thompson Esq. Borough of Rippon. Richard Stern Esq. Christopher Wandesford Esq. Borough of Richmond. * John Darcy Esq. Humphrey Wharton Esq. Borough of Heydon. Henry Guy Esq. William Boynton Esq. Borough of Boroughbrigg. Sir Thoms Mauliverer Bar. Sir John Brook Bar. Borough of Malton. William Palms Esq. Sir Watkinson Payler Bar. Borough of Thirske. Sir William Franckland Kt. * Sir William Ascough Kt. Borough of Aldborough. Sir Godfrey Copley Bar. * Sir John Reresby Bar. Borough of Beverly. Sir John Hotham Bar. Michael Wharton Esq. Borough of Northallerton. Sir Gilbert Gerrard Bar. Sir Henry Calverly Kt. Borough of Pontefract. Sir John Dawny Viscount Down. Sir Patience Ward Kt. BARONS Of the CINQUE-PORTS 16. Port of Hastings. Sir Robert Barker Bar. * Thomas Mun Esq. Town of Winchelsea. * Sir Stephen Leonard Kt. Cresheld Draper Esq. Town of Rye. Sir John Dorrel Kt. Thomas Frewen Esq. Port of New Rumney. Sir Charles Sedley Bar. Paul Barret Esq. Port of Hythe. Sir Edward Deering Bar. Edward Hales Esq. Port of Dover. William Stokes Esq. Thomas Papillon Esq. Port of Sandwich. Sir James Oxinden Kt, and Bar. John Thurhane Esq. Port of Seaford. * Edward Montague Esq. * Edward Selwyn Esq. WALES 24. ANGLESEY 2. Richard Bulkeley Esq. Town of Bewmorris. Henry Bulkeley Esq. BRECON 2. Richard Williams Esq. Town of Brecon. John Jefferies Esq. CARDIGAN 2. Edward Vaughan Esq. Town of Cardigan. Hector Philip's Esq. CARMARTHEN 2. John Lord Vaughan Kt. of the Bath. Town of Carmarthen. Altham Vaughan Esq. CARNARVAN 2. Sir Thomas Bulkly Knight and Baronet. Town of Carnarvan. Thomas Mostyn Esq. DENBIGH 2. Sir John Trevor Knight. Town of Denbigh. Sir John Salisbury Baronet. FLINT 2. * Sir John Hanmer Knight & Bar. Town of Flint. * Thomas Whitley Esq. GLAMORGAN 2. * Sir Edward Mansel Bar. Town of Cardiff. Bussy Mansel Esq. MERIONITH 1. * Sir Robert Owen Knight. PEMBROKE 3. * William Wogan Esq. Town of Haverford-West. * Thomas Howard Esq. Town of Pembroke. Arthur Owen Esq. MONTGOMERY 2 Edward Vaughan Esq. Town of Montgomery Matthew Price Esq. RADNOR 2. Sir Rowland Gwynne Knight. Town of Radnor. * Sir John Morgan Baronet. The COMMONS, in all 513. New Members Returned, 110. THE CONTENTS. A. ADdress of the Lords. Pag. 11. Address of the Commons. Pag. 16.155. For preservation of his Majesty's Person and Government. Pag. 23. Concerning Sir Gorge Jeffereys. Pag. 47. Address in Answer to the Message about Tangier. Pag. 66. Address of the Commons for Dissenters. Ansel a Witness. Arnold John Esq. a Witness. Pag. 107. Attorney General Examined. Pag. 61. B. Beckley Earl, a Witness. Pag. 104. Bill of Association. Pag. 154. Bill of Exclusion at London 32. at Oxford 244. Rejected Pag. 447. Bill for repeal of the 35 of Eliz. not tendered▪ and questioned. Pag. 238. Mr. Bourk's Information. Pag. 38. Lord Brook a Witness. Pag. 110. C. Sir Robert Can questioned Pag. 19 Is released Pag. 32. Carew Henry a Friar. Pag. 155. Mr. Comin's Information. Pag. 41. Commons demand judgement against L. Staf. Pag. 121. D. Date a Witness. Pag. 111. Dangerfield His Narrative ibid. Pag. 12. King's Declaration. Pag. 246. Dissenters. Pag. 61. 6●. Mr. Dugdal his Narrative. Pag. 48. E. Elections considered. Pag. 11. F. Fast. Pag. 62. Feria his Narrative. Pag. 23. Lord Ferrer a Witness. Pag. 110. Fitzharris Examination read. Pag. 239. Ordered to be impeached. ibid. Floyd Sir Philip, a Witness. Pag. 104. Furnis a Witness. Pag. 99.106. G. Leveston Gowre a Witness. Pag. 111. Grand Juryes Examined. Pag. 61. Their discharging Voted illegal. H. The Earl of Hallifax, his removal desired. Pag. 52. Hausel a Witness. Pag. 100 Ben. Harris Petitions the House. Pag. 54. Mr. Herbert sent for. Pag. 57 Hobby Mr. a Witness. Pag. 108. Holt a Witness. Pag. 103. Sir Tho. Holt an Obstructer of Petitioning Pag. 57 Mrs. Howard. Pag. 98. I. Mr. Jennison, his Information. Pag. 30. Irish Evidence. Pag. 55. Grand Jury called into the House. Pag. 61. K. King's Message concerning Tangier. Pag. 48. King goes to Oxford. Pag. 231. Received by the Major and Bishop. Pag. 232. His Speech to the Parliament at Oxford. Pag. 233. L. Leigh a Witness. Pag. 99.106. Lists of Papists names ordered to be returned throughout England. Pag. 151. Lo. debate what judgement to give upon Lo. St. Pag. 121. Lydcot a Witness. Pag. 107. M. Macnamars' Information. Pag. 40. Marchioness of Winchester. Pag. 98. Mr. Mathews a Witness. Pag. 108. Maurice's Examination. Pag. 241. Morrel a Witness. Pag. 103. N. Norris complaint reported. p. 147. His Imprisonment judged illegal. Pag. 151. Lo. C. J. North. ordered to be impeached. Pag. 62. O. Obstructers of Petitioning sent for Pag. 54.57. P. Papers Printed by Mr. Treby. Pag. 58. Parliament met. 3. at Oxford. Pag. 232. Peyton Sir Robert. Pag. 15.151. Plessington Lord Bellasis Steward. Pag. 104. Polteney Sir William a Witness. Pag. 106. Preparatians for Stafford's Trial. Pag. 42. Proclamation for Discoverers. against Petitio. Pag. 16. Considered. Pag. 48. Protestation of the Lords. Pag. 245. R. Resolves of the House concerning Petitioning Pag. 17. Concerning the Plot. Pag. 25.27. Concerning the Duke of York. Pag. 27.28.31. Resolves touching Popery. Pag. 153. Robinson a Witness. Pag. 103. S. sawyer's a Witness. Pag. 100 Lord C. J. Scrogs. 165.174. His Answer P. 238. Mr. Scudamore a Witness. Pag. 108. Mr. Seymor impeached Pag. 59.63.154. Mr. Seys a Witness. Pag. 108. Serjeant's Examination. Pag. 241. Speaker chosen. Pag. 6. Speech Kings. Pag. 4.152. Speech Speak●rs 6.8. at Oxford. Pag. 235, 236. Staf. Trial begun 70. His Plea upon the Statu. 93. His Exceptions astainst the Witn. 93. etc. He desires to call more Witn. 110. he insists upon points of Law. 111. His objections answered 114. He Petitions 115. found Guilty. 117. what he said after for himself. 121. Sentened 124. brought to the Scaffold. 131. His Speech, 132. etc. Executed Pag. 146. Lord High Steward's Speech. Pag. 123. Mr. Staples an obstructer. Pag. 57 T. Mr. Thompson a Minister. Pag. 158. etc. Dr. Tongue recommended to his Majesty Pag. 20. Mr. Treby's Letters commanded to be Printed Pag. 58. V. Votes ordered to be Printed. Pag. 23. Votes concerning Fitzharris. Pag. 243. W. Sir William Waller a Parliament-man for Westminster. Pag. 52. Baron Weston accused. Pag. 173. Sir Fra. Withens ordered to attend the House Pag. 19 Expelled the House Pag. 52. Writs for Executing Lord Stafford. Pag. 125. etc. Y. Sir Rob. yeoman's questioned 19 discharged Pag. 46. Z. Zeal's Information 55. Pardoned Pag. 59 FINIS.