Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	pope_n	scotland_n	4,816	5	8.8062	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38261	The proceedings in the House of Commons, touching the impeachment of Edward, late Earl of Clarendon, Lord High-Chancellour of England, Anno 1667 with the many debates and speeches in the House, the impeachment exhibited against him, his petition in answer thereto : as also the several weighty arguments concerning the nature of treason, bribery, &c. by Serj. Maynard, Sir Ed. S., Sir T.L., Mr. Vaughan, Sir Rob. Howard, Mr. Hambden [sic], and other members of that Parliament : together with the articles of high-treason exhibited against the said Earl, by the Earl of Bristol in the House of Lords on the 10th of July, 1663 : with the opinion of all the learned judges therein.	England and Wales. Parliament. House of Commons.; Clarendon, Edward Hyde, Earl of, 1609-1674.; Vaughan, John, Sir, 1603-1674.; Seymour, Edward, Sir, 1633-1708.; Littleton, Thomas, Sir, d. 1681.; Hampden, Richard, 1631-1695.; Maynard, John, Sir, 1602-1690.; Howard, Robert, Sir, 1626-1698.; England and Wales. Parliament. House of Lords.	1700 (1700)	Wing E2683; ESTC R3660	65,855	176

Bill because you are Confirming what the Lords have done Mr. Vaug. Many Men wonder that no Reason is given for passing this Bill but the Question is mistaken the Bill is grounded upon his Flight after his Impeachment and his flying Implys some Guilt if none it is the safest Argument for any Man to run away and then there is nothing to catch him A Proclamation to a Man out of the Kingdom signifies nothing But in the whole it is plain that he saith that finding the King's Justice obstructed in Parliament he is fled Obj. But it will be said upon bare Flight never was any Man Punished Answ. If one Man kills another and flies tho' upon his Tryal he shall be acquitted yet he shall never recover his Goods because of his Flight There has been several Acts of Banishment Spencer c. And in this is something more severe than in them Namely that none shall Correspond with him then there is some advantage Namely that if he come in by the First of February all shall be void but when the Crime is laid and his Flight makes him Guilty he ought not to have a Day Then the Question was put for passing the Bill 65 For it 42 Against it 107 And then the House Adjourned ARTICLES OF HIGH-TREASON And other Heinous MISDEMEANOURS Exhibited against Edward Earl of Clarendon Lord High-Chancellour of England in the House of Lords on the Ioth of Iuly 1663. By the Earl of Bristol 1. THAT being in Place of highess Trust and Confidence with His Majesty and having arrogated a Supream Direction in all His Majesty's Affairs both at Home and Abroad hath Wickedly and Maliciously and with a Traiterous Intent to draw Scandal and Contempt upon His Majesty's Person and to alienate from him the Affections of his Subjects abused the said Trust in manner following viz. That he hath Traiterously and maliciously endeavoured to Alienate the Hearts of His Hajesty's Subjects from him by words of his own and by artificial Insinuations of his Creatures and Dependances that His Majesty was inclined to Popery and had a Design to alter the Religion Established in this Kingdom That in pursuance of that Traiterous Intent he hath to several Persons of His Majesty's Privy-Council held Discourses to this effect viz. That His Majesty was dangerously corrupted in his Religion and inclined to Propery That Persons of that Religion had such Access and such Credit with him that unless there were a careful Eye had unto it the Protestant Religion would be overthrown in this Kingdom and in pursuance of the said Wicked and Traiterous Intent upon His Majesty's admitting Sir Henry Bennet to be Principal Secretary of State in the Place of Mr. Secretary Nicholas he hath said these words or words to this effect That His Majesty had given 10000l to remove a zealous Protestant that he might bring into that Place of High Trust a concealed Papist notwithstanding that the said Sir Henry Bennet is known to have ever been both in his Profession and Practice constant to the Protestant Religion That in pursuance of the same Traiterous Design several near Friends and known Dependances of his have said aloud that were it not for my Lord Chancellours standing in the Gap Popery would be introduced in this Kingdom or words to that effect That in pursuance of the aforesaid Traiterous Design he hath not only advised and perswaded the King to do such things contrary to his own Reasons and Resolutions as might confirm and encrease the Scandal which he had endeavoured to raise upon His Majesty as aforesaid of his favour to Popery but more particularly to allow his Name to be used to the Pope and several Cardinals in the sollicitation of a Cardinals Cap for the Lord Aubigney one of his own Subjects and great Almoner at present to his Royal Consort the Queen That in pursuance of the same Wicked and Traiterous Design he had recommended to be employed to the Pope one of his own Domesticks Mr. Rich. Bealing a Person tho an avow'd Papist known to be trusted and employed by him in Dispatches and Negotiations concerning Affairs of greatest Concernment to the Nation That in pursuance of the said Traiterous Design he being chief Minister of State did himself write by the said Mr. Rich. Bealing Letters to several Cardinals pressing them in the King's Name to induce the Pope to Confer a Cardinals Cap on the said Lord Aubigny promising in Case it should be attained exemption to the Roman Catholicks of England from the Penal Laws in force against them by which Address unto the Pope for that Ecclesiastical Dignity for one of His Majesty's Subjects and Domesticks he hath as far as from one Action can be inferred traiterously acknowledged the Popes Ecclesiastical Soveraignty contrary to the known Laws of this Kingdom That in pursuance of the same traiterous Design he has called unto him several Priests and Iesuits whom be knew to be Superiors of Orders here in England and desired them to write to their Generals at Rome to give their help for the obtaining from the Pope the Cardinals Cap for the Lord Aubigny as aforesaid promising great Favour to Papists here in Case it should be effected for him That he hath promised to several Papists he would do his endeavour and said he hoped to compass the taking away all Penal Laws against them which he did in pursuance of the traiterous Design aforesaid to the end they might presume and grow vain upon his Patronage and by their publishing their hopes of a Tolleration encrease the Scandal endeavoured by him and by his Emissaries to be raised upon His Majesty throughout the Kingdom That in pursuance of the same traiterous Design being intrusted with the Treaty betwixt His Majesty and His Royal Consort the Queen be concluded it upon Articles scandalous and dangerous to the Protestant Religion That in pursuance of the same traiterous Design he concluded the same Marriage and brought the King and Queen together without any settled Agreement in what manner the Rights of Marriage should be performed whereby the Queen refusing to be married by a Protestant Priest in case of her being with Child either the Succession should be made uncertain for want of the due Rights of Matrimony or else His Majesty to be exposed to a suspition of having been married in his own Dominions by a Romish Priest whereby all the former Scandals endeavoured to be raised upon His Majesty by the said Earl as to point of Popery might be confirmed and heightned That having thus traiterously endeavoured to Alienate the Affections of His Majesty's Subjects from him upon the score of Religion he hath endeavoured to make use of all the malicious Scandals and Iealousies which he and his Emissaries had raised in His Majesty's Subjects to raise from them unto himself the popular Applause of being the zealous Vpholder of the Protestant Religion and a promoter of new Severities against Papists That he hath traiterously endeavoured to Alienate

to the payment of which his Majesty was not in strictness bound And afterwards received great Summs of Money for procuring the same VI. That he received great Summs of Money from the Company of Vintners or some of them or their Agents for Inhauncing the Prizes of Wines and for freeing them from the payment of legal Penalties which they had incurred VII That he hath in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath he hath procured several Grants under the Seal from His Majesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the disprofit of His Majesty VIII That he hath Introduced an Arbitrary Government in His Majesty's Forreign Plantations and hath caused such as complained thereof before His Majesty and Councel to be long Imprisoned for so doing IX That he did reject and frustrate a Proposal and Vndertaking approved by His Majesty for the preservation of Mevis and St. Christophers and reducing the French Plantations to his Majesty's Obedience after the Commissions were drawn for that purpose which was the occasion of our great Losses and Damage in those Parts X. That he held Correspondence with Cromwell and his Complices when he was in Parts beyond the Seas attending His Majesty and thereby adhered to the King's Enemies XI That he advised and effected the Sale of Dunkirk to he French King being part of His Majesty's Dominions together with the Ammunitions Attillery and all sorts of Stores there and for no greater value than the said Ammunitions Artillery and Stores were worth XII That the said Earl did unduely cause Hii Majesty's Letters Patents under the Great Seal of England to one Dr. Crowther to be alter'd and the Enrolement thereof to be unduly rased XIII That he hath in an Arbitrary way examined and drawn into question divers of His Majesty's Subjects concerning their Lands Tenements Goods Chattells and Properties determined thereof at the Council Table and stopped Proceedings at Law by Order of the Councel-Table and threatned some that pleaded the Statute of 17 Car. 1. XIV That he hath caused Quo Warranto's to be issued out against most of the Corporations of England immediately after their Charters were Confirmed by Act of Parliament to the intent he might require great Summs of Money of them for renewing their Charters which when they complyed withal he caused the said Quo Warranto's to be Discharged and Prosecution therein to cease XV. That he procured the Bills of Settlement of Ireland and received great Summs of Money for the same in most corrupt and unlawful manner XVI That he hath deluded and betrayed His Majesty and the Nation in all Forreign Treaties and Negotiations relating to the late War and betrayed and discovered His Majesty's secret Councils to his Enemies XVII That he was a principal Author of that fatal council of dividing the Fleet about June 1666. The Clerk having read them a second time it was moved That in regard the Articles were many they might be referr'd to the Committee to see how far they were true because Fame is too slender a ground to bring a Man upon the Stage Sir Fran. Goodr. Seconds it because new matter was now added to what was formerly charged Viva voce in the House Sir Rob. How Suppose the Earl of Clarendom Innocent and yet Charged and Imprisoned which is the worst of the Case he afterwards appears Innocent and is discharged receiving no more hurt than other Subjects have done Namely * D. Buck. one great Man lately Object But why should you Commit him Answ. For proof whether the Articles be true or not Suppose Men for self preservation will not venture to come not knowing how they may trust themselves and so you have no Proof He very guilty and You not able to proceed is the Inconveniency greater for an Innocent Person if he prove so to suffer a few days than for you to loose your Repuation for ever If this Man be not brought to his Tryal it may force him to fly to that which he Councelled that is that we may never have Parliament more Sir Fra. Goodr. I am not against proceeding but unsatisfied to do it without Witness it being like Swearing in Verbo Magistri Sir Iohn Holl. That the Committee undertake to make good the Charge otherwise examine Witnesses Mr. Vaugh. You admit the Accusation to be matter for a Charge if the Committee find proof if you intend to make this a distinct Case I leave it to you but if this be to settle the Course of the Proceedings of the House I am against it for this is ordering a way of Proceeding in the Earl of Clarendon's Case which shall not be a general Rule Tho' I cannot say one of the Articles to be true yet I know them to be a full Charge if made good and you are prescribing a Course neither proper nor ever practised A Witness who speaks without Outh is subject to Damage not so upon Oath because the Law compells him And whereas it hath been said if Witnesses attest before the House of Commons what Judges dare middle in 't I answer such Judges as meddled in the Case of Sir Iohn Elliot c. and the Ship Money Sir Rich. Temp. A Grand Jury is capable to present upon their own knowledge and are Sworn to keep the King's Council and their own and I believe there is not one Article of the Accusation but will be made good Sir Rob. How As I am sensible of the danger of publishing Witnesses beforehand so I would have every one satisfied therefore take the Articles one by one and according as you shall find what your Members may say for the Truth you may be induced to proceed or not Sir Tho. Osb. The House ought to have something to induce their belief which they have had from several Members and I know how some will be made good Sir Tho. Littl. What Article Members of the House do not offer you matter to induce you to believe you may lay it aside therefore hear what shall be said and proceed accordingly Mr. Iohn Tr. You connot expect Witnesses will appear before you Lords will not nor can you expect Commoners should for when you are up and gone nothing can protect a Commoner if this Information be not Judicial At last the Question was put whether to refer it to a Committee Yeas 128. Noes 194. 322. Then the first Article was read to see what would be said to induce the House to Impeach The First Article read Sir Rob. How Lord Vaugh. Heard from Persons of Quality That it would be proved The Second Article was read Lord St. Ioh. Persons of great Quality have assured him to make it good and if they perform not he will acquaint the House who they are The Third Article read Mr. Ed. Seym. Sufficient Persons will make it good with this Addition When he received

declared not to Impeach of Treason upon the first Article And if any Man will add to the rest of the Articles he may but you ought to accuse Mr. Sollicitor None accuseth but for Justice sake and should be glad if the Party accused prove himself Innocent There is a Duty to the King and to Truth and it is not fit that an Article of this Kind brought into the House should be laid by upou pre tence that the time is clapsed for the Crime is more than what is mentioned in the Act made by you it is an Offence at Common-Law and if it be prosecuted by Fine and Imprisonment no time is limited The Third and Fourth Articles read and Voted Mr. Vaugh. Your reading every Article is needless unless it be to see whether any one may be Charged as Treason for if one may be objected against so may all as to Misdemeanours Fifth Article read Sir Iohn Sh w. The old Farmers had not the Customes till others said they would give no more and they had no reason to thank the Chancellour because they gave more than others And I declare upon my Life I know no reward given him Sir Tho. Litt. It appears by the Farmers Confession that they had it 50000 l. under besides time of Payment which was 30000 l. more Mr. Seym. Your are at liberty to receive Objections to the Articles but tho' others bad more they were told they should not have it and had about 1000 l. each given them to bid no more Sixth seventh Eight and Ninth Articles Read and Voted The Tenth Mr. Vaugh. This is an Article of an high Nature Dunkirk was then as much a Part of His Majesty's Dominions as Ireland and if the Sale of it be nothing I know not what you would think of it if England should be Sold you lately debated whether on the first Article he should be accused of Treason and found by the Statute of 25 Ed. 3. he could not tho' it was absolute Treason at Common-Law and it s reported abroad that I said that the Right of the Parliament in declaring Treason is taken away which I did not for there are Treasons not mentioned in that Statute Therefore it provided that the Judges should not upon any one Treaso proceed to Judge untill declared before the King and Parliament and what is signisfied by it If we think before the King Lords and Commons that is impossible for how can the Commons possibly declare before the King and Lords nor was that the Case but this that there is the ultimate Power of determining what the Law is in a doubtful Case In Writs of Error let them pass from Court to Court at last they come to the Lords 24 Ed. 3. If the Judges cannot resolve what the Law is it is to be brought thither that is where it is questionable but that is not in the House of Commons any more than in a Writ of Error How than is the Case here If a Question be whether a Thing is Treason or not it shall be Resolved where the Law useth to Resolve that is before the King in Parliament that is in the Lords House Had the Words of the Act been these there shall be no Proceeding untill Resolved by the King in the Lords House and Suppose that Clause taken away That Treason shall not be Resolved but suppose it shall not be declared otherwise doth it follow it is taken away No if you charge Treason which is not within the Statute it is another Thing but I said not there is no Treason at Common-Law Mr. Sollicitor There was a great Mischief in the declaring Treason by Parliaments for Mortimer was made a Traitor for incroaching upon Royal Power which every Man who incroacheth upon any Power doth Hence the Commons Petition'd the King to explain what incroaching upon Royal Power was and when no Answer could be gotten to it 25. Ed. 3. They Petion'd it might be declared certainly and so Treasons were enumerated and if the Judges be in doubt it is Provided that the King and Parliament shall first declare it Declaration in Parliament is a Declaration before the King Lords and Commons Would our Ancestors leave what is to be Resolved Treason to the Lords and themselves have no share in it And Talbots being declared Treason by the Lords is said to be no Treason by Judge Cook because the Commons had no hand in it there is no Treason in Common-Law because there can be no Treason where there is no way to Judge it which is not at Common-Law Mr. Vaugh. When the Law is made uncertain the Lords must declare it it appears there were Treasons at Common-Law not mention'd 25 Ed. 3. It is one Thing for a Matter to be Treason before and the Parliament to declare it another for the Parliament to make a Thing Treason which was not Sir Will. Lewis I desire to be Resolved whether Dunkirk was annexed to England because a Bill to that end was carryed but not Passed Mr. Waller To shew that Dunkirk was annexed to England consider we were Passing a Bill for 1200000l But when we were making a Preamble to the Bill we were to seek for Reasons for giving the Money seeing we had no War some said to keep Dunkirk but were told we should take heed of looking upon it as annexed unto the Crown but it was replyed Dunkirk was look'd upon as a Frontier Town and accordingly noted in the Bill Therefore the Sale of it Treason Mr. Coven Had it been part of the Crown of England what needed a Bill to make it so Mr. Pr n. It cannot be Treason because Sold by the King's consent Mr. Vaugh. If the King agreed to it doth it follow that he who adviseth the King to a Thing destructive to his Kingdom and King is not a Traitor If any part of the King's Dominions may be alienated especially when a Parliament is Sitting for they concurring it may be alienated by the same Reason the King may alienate Ireland or England too without the Parliament For by what Act of Parliament doth the King hold Ireland or England It is by Acquisition I say not Tangier for that was part of his Portion and is his own But Dunkirk would have been the Kingdoms if not thus disposed of and tho' it might have been alienated with the Parliament it could no more without than England or Ireland Mr. Ed. Hart. The Act of Parliament for annexing was not This Parliaments but of the Convention and came in thus the King was pleased to tell me that the Spanish Ambassadour might press him to part with it which he had no mind to do therefore he would have a Bill to annex it to the Crown which shews it was the King's Will to have it annexed accordingly this Parliament passed it and Dunkirk might have been as useful as Calice At length this Article was passed by without determining whether Treason or not Eleventh Twelfth Thirteenth and Fourteenth

Right which a Man hath in this Land or any part of the World but his Right is such that if it be kept from him he hath a means to come to it otherways it is Damnum sine Injuria for where the Law gives no remedy there is but a supposition of Right By the same measure it will follow that there is no civil wrong can be done to any Man but the Law provides a Remedy if that wrong be done and if by the Law there is no Remedy it is no wrong consider then this Case There are in this Kingdom in the Civil State of it three Estates which the King hath then in making Laws There are three Estates whereof the King is Principal sometimes they are mentioned as the King 's three Estates and he none of them The Estates in general are the Commons of the Kingdom who are perfectly represented in this House the Lords another and the King another and these are such that there is no Petitory Action nor the Laws directed to any one of them but the Laws you make are to distribute Justice in other Courts For Instance If all the Commons of England who are one of the Estates should Accuse one of themselves the Party can have no wrong because the Parliament can have no Action brought against them nor can they be supposed to do any thing for Malice It is the same between the Body of the Lords and Commons and there is no Law either to Vindicate the one or the other but they stand as if there were no communicable Law betwixt them but the measure between them is that which is good for the whole for they are the makers of Laws for others but no Laws can be fancied to reach the whole of the Commons or of the Lords So that 't is easily to be seen how it hath been put upon us so that now we are in such a Case we know not to what end we shall proceed upon this or any other Impeachment for by this Judicial power you shall be excluded from any proceedings by Laws of Parliaments and so you take away the whole Right of the Kingdom Quest. But now what shall you do Ans. I see many Inconveniencies which may happen both ways but I see so many this way that if any Man gave such Councel as is Charged upon the Earl of Clarendon it is not so dangerous as the Case before you for the Inconveniencies attending that Councel would quickly shew it self by the Misery following But this is a small thing begun with which like a Canker may eat till it be uncurable and that is as absolutely justifiable as this And now I have said this I am perplexed what to say more for all can bear me witness what respect I have endeavoured to preserve to the House of Peers but I am so sensible of this that tho' I cannot forget my respect to them yet I must lament the Condition into which they have brought themselves first and us next for they cannot think to avoid it The House of Peers is but a New Stile called so as Iurors are called Peers from the Word Par for every Commoner hath his Peers as Lords have and the whole Stile formerly was Arch-Bishops Bishops Dukes c. But Pares Regni is a new Stile It is called the Vpper House and is to be look't upon with Reverence The Lords have a jurisdiction but in this Case I must be plain their granted Jurisdiction ariseth from the House of Common if you Impeach not there your Judicial Power will be very little If a Lord be to be Tried for Treason the Lords are but his Jurors and tho' they Try him upon Honour not upon Oath yet they are no more his Tryers than as out of Parliament The Judge of Treason in the Lords House is Constituted by the King as a Lord High-Steward and there is no other Judge therefore I know not the Judicature they speak so much of There is another for Writs of Error which are there determined but the Jurisdiction of that is very little for the Inconveniency of the Lords determining what could not be determined in other Courts is so found out 25 Eliz. They are to be brought first into the Exchequer Chamber There is another way when Persons carry Complaints to the Lords which is a Question for Commoners ought not to carry Complaints there except in some Cases from Chancery therefore this Matter of Jurisdiction which they talk of is not such a wonderful thing as they would make it Therefore whatever we shall do after it your Rights being so much concerned that you know not where the stay will be it is necessary that you make a Committee to draw up a Protestation to be made by this House concerning this Matter The Invasion of your Right in it and the danger to the Kingdom by it Mr. Colem The Lords say That committing upon a general Impeachment is against Law and I think it will appear so I deny not but a Mittimus without special Cause is legal and grounded upon the Petition of Right the Reason of which is to secure Men against Commitment by a special Warrant and a Judge ought not to discharge where Treason is alledged but in this Case it is different The Judges cannot discharge a Man Committed after Examination but the Lords ought not to Commit a Man except there be particular Treason If I come before a Justice of Peace and say I accuse this Man of Treason will any wise Man Commit him he makes his Warrant indeed but he that accuseth must go farther and make it more particular and the special Matter must appear before he Commits and this is the present Case The Common-Law is That no Man ought to be Committed without particular Cause because no Man can Commit in Capital Matters without taking Examination before hand otherwise no Man can justifie a Commitment Therefore I am not satisfied that the Lords had not reason to deny The Commons are in the nature of a Grand-Iury to present but the Lords are the Iudges Commitment is not the Judgment but in order to it and the Lords have a discretionary Power in the Case The Lords say not that they will not Commit but that they are not satisfied to do it without special Matter therefore we ought to send it up Sir Rob. How I have attended the Reasons given against making a Protestation and whatever is said is but levelling a House of Commons with every private Accuser a Justice of Peace it is said must have Evidence before he Commit and this House has had Inducements to Impeach and may not a House of Commons Judge what is Treason as well as Justice of Peace The Inconveniencies and Dangers laid before you if you proceed are nothing in comparison of those on the other side Had the Lords Imprisoned they had before this had the Particular Charge and the Protestation is not to stop it but to make way for

and so seem to say fare him well Upon all which Motions Ordered That Sir Tho. Cliff Comptroler of the King's Household be sent to the King to desire the Ports may be stopped December 4 The Lord Fitzharding makes Report from the King that the Message for stopping the Ports being delivered him he had taken Care accordingly A Message from the Lords to desire a speedy Conference From which Mr. Solicitor Reports We attended the Lords at the Conference which was delivered by the Duke of Buck. who said to this purpose That the Lords had Commanded him to deliver to us that Scandalous and Seditious Paper sent from the Earl of Clarendon desiring us to present it to you and to desire you in convenient time to send it to them again for it had a Stile which they were in love with and desired to keep it Which said Paper was read and is as follows viz. TO THE Right HONOURABLE THE LORDS Spiritual and Temporal IN Parliament ASSEMBLED The humble Petition and Address of Edward Earl of Clarendon May it please Your Lordships I Cannot express the unsupportable Trouble and Grief of Mind I sustain under the Apprehension of being Misrepresented to Your Lordships and when I hear how much of Your Lordships time hath been spent upon the mention of me as it is attended with more publick Consequences and of the differences of Opinion which have already or may probably arise between Your Lordships and the Honourable House of Commons whereby the great and weighty affairs of the Kingdom may be obstructed in the time of so general a dissatisfaction I am very unfortunate to find my self to suffer so much under two very disadvantageous Reflections which are in no degree applicable to me The First from the greatness of my Estate and Fortune collected and made in so few Years which if it be proportionable to what is reported may very reasonably cause my Integrity to be suspected The Second That I have been the sole Manager and chief Minister in all the Transactions of State since the King's return into England to August last and therefore that all Miscarriages and Misfortunes ought to be imputed to me and my Councels Concerning my Estate Your Lordships will not believe that after Malice and Envy hath been so inquisitive and so sharp sighted I will offer any thing to Your Lordships but what is exactly true and I do assure Your Lordships in the first place That excepting from the King's Bounty I have never received nor taken one Penny but what was generally understood to be the just lawful Perquisites of my Office by the constant Practice of the best Times which I did in my own Iudgment conceive to be that of my Lord Coventry and my Lord Elsmore the Practice of which I constantly observed altho' the Office in both their Times was lawfully worth double to what it was to me and I believe now is That all the Courtesies and Favours which I have been able to obtain from the King for other Persons in Church or State or in Westminster-Hall have never been worth me Five Pounds So that Your Lordships may be confident I am as innocent from Corruption as from any disloyal Thought which after near Thirty Years Service of the Crown in some Difficulties and Distresses I did never expect would be objected to me in my Age. And I do assure Your Lordships and shall make it very Manifest That the several Sums of Money and some Parcels of Land which His Majesty hath Bountifully bestowed upon me since his return into England are worth more than all I have amounts unto so far I am from advancing my Estate by indirect means And tho' this Bounty of his hath very far exceeded my Merit or my expectation yet some others have been as fortunate at least in the same Bounty who had as small pretences to it and have no great Reason to envy my condition Concerning the other Imputation of the Credit and Power of being chief Minister and so causing all to be done that I had a mind to I have no more to say than that I had the good fortune to serve a Muster of a very great Iudgment and Vnderstanding and be always joyn'd with Persons of great Ability and Experience without whose Advice and Concurrence never any thing hath been done Before His Majesty's coming into England he was constantly attended by the then Marquess of Oumond the late Lord Culpeper and Mr. Secretary Nicholas who were equally trusted with my self and without whose Ioynt Advice and Concurrence when they were all present as some of them always were I never gave any Councel As soon as it pleased God to bring His Majesty into England he Established his Privy Council and shortly out of them he Choose a Number of Honourable Persons of great Reputation who for the most part are still alive as a Committee for Forreign Affairs and Consideration of such things as in the Nature of them required much Secrefie and with these Persons he vouchsafed to Ioyn me And I am confident this Committee never transacted any thing of Moment His Majesty being always present without presenting the same first to the Council-Board and I must appeal to them concerning my Carriage and whether we were not all of one Mind in Matters of Importance For more than two Years I never knew any Differences in the Councils or that there were any Complaints in the Kingdom which I wholly impute to His Majesty's great Wisdom and the intire Concurrence of his Councellours without the Vanity of assuming any thing to my self and therefore I hope I shall not be singly charged with any thing that hath since fal'n out amiss But from the time Mr. Secretary Nicholas was removed from his Place there were great Alterations and whosoever knew any thing of the Court and Councils know well how much my Credit hath since that time been diminished tho' His Majesty graciously vouchsafed still to here my Advice in most of his Affairs nor hath there been from that time to this above one or two Persons brought to the Council or preferr'd to any considerable Office in the Court who have been of my intimate Acquaintance or suspected to have any kindness for me and most of them most Notoriously known to have been very long my Enemies and of different Iudgment and Principles from me both in Church and State and have taken all opportunities to lessen my Credit with the King and with all other Persons by Mis-representing and Mis-reporting all that I said or did and perswading Men I have done them some prejudice with His Majesty or crossed them in some of their Pretensions Tho' His Majesty's Goodness and Iustice was such that it made little Impression upon him In my humble Opinion the great Misfortunes of the Kingdom have proceeded from the War to which it is Notoriously known that I was always most averse and may without vanity say I did not only foresee but declare the Mischiefs we

the Affections of His Majesty's Subjects from him by venting in his own Discourse and by the Speeches of his nearest Relations and Emissaries opprobrious Scandals against His Majesty's Person and course of Life such as are not fit to be mentioned unless necessity in the way of Proof shall require it That he hath traiterously endeavoured to Alienate the Affections of his Highness the Duke of York from His Majesty by suggesting unto him Iealousies as far as in him lay and publishing abroad by his Emissaries that His Majesty intended to Legitimate the D. of Monmouth That he hath Wickedly and Maliciously contrary to the Duty of a Privy-Councellour of England and contrary to the perpetual and most important Interest of this Nation perswaded His Majesty against the Advice of the Lord General to withdraw the English Garrisons out of Scotland and to demolish all the Forts built there at so vast a Charge to this Kingdom That His Majesty having been graciously pleased to communicate the Desires of the Parliament of Scotland for the remove of the laid Garrisons to the Parliament of England and to act their Advice therein the said Earl of Clarendon not only perswaded His Majesty actually to remove those Garrisons without expecting the Advice of his Parliament of England concerning it but did by Menaces of His Majasty's displeasure deter several Members of Parliament from moving the House as they intended to enter upon consideration of that Matter That he had Traiterously and Maliciously endeavoured to Alienate His Majesty's Affections and Esteem from this his Parliament by telling His Majesty that there was never so weak and inconsiderable a House of Lords nor never so weak and so heady a House of Commons or words to that effect and particularly that it was better to sell Dunkirk than to be at their Mercy for want of Money or words to that effect That he hath Wickedly and Maliciously contrary to his Duty of Counsellour and to a known Law made last Sessions by which Money was given and particularly applyed for the maintaining of Dunkirk advised and effected the Sale of the same to the French King That he hath contrary to Law enriched himself and his Treasures by the Sale of Offices That contrary to his Duty he hath wickedly and corruptly Converted to his own use great and vast Summs of publick Money raised in Ireland by way of Subsidy private and publick Benevolences and otherwise given and intended to desray the Charge of Government in that Kingdom By which means a supernumerary and disaffected Army hath been kept up there for want of Money to pay them off occasioned it seems to be because of the late and present Distempers of that Kingdom That having arrogated to himself a supream Direction of all His Majesty's Affairs be hath with a malicious and corrupt Intention prevailed to have His Majesty's Customs Farmed at a far lower Rate than others do offer and that by Persons with some of whom he goes a share in that and other parts of Money resulting from His Majesty's Revenue July 10th 1663. BRISTOL The Earl of Bristol having Exhibited against the Lord Chancellour Articles of High-Treason and other Misdemeanours This Order was made by the House of Peers Die Veneris 10 July 1663. ORDERED by the Lords Spiritual and Temporal in Parliament Assembled That a Copy of the Articles or Charge of High-Treason Exhibited this Day by the Earl of Bristol against the Lord Chancellour be delivered to the Lord Chief-Iustice who with all the rest of the Judges are to consider whether the said Charge hath been brought in regularly and legally and whether it may be proceeded in and how and whether there be any Treason in it or no and make Report thereof to this House on Monday next if they can or else as soon after as possibly they may Whereupon all the Judges met at Serjeauts-Inn in Fleet-street and my Lord of Bristol repaired to us thither desiring to see the Order which being Read he told us he came out of respect to know of us whether we were informed how it came into the House of Peers whether as a Charge or not but one of the Judges who had been present when it was delivered in saying we were tied up by our Order his Lordship took some exception at the manner of his Expression as if his Lordships Address was unnecessary at that time anb taking it as a rebuke unto him went away but according to our Order which supposed it to be a Charge of High-Treason and not mentioning Misdemeanour we did upon Consideration unanimously agree upon this ensuing Answer which on Monday the 13th of Iuly the Lord Chief-Iustice Foster did deliver in viz. We conceive that a Charge of High-Treason cannot by the Laws and Statutes of this Realm be originally Exhibited by one Peer against another unto the House of Peers and that therefore a Charge of High-Treason by the Earl of Bristol against the Lord Chancellour mentioned in the Order of Reference to us of the 10th of this Instant July hath not been regularly and legally brought in and if the Matters alledged in the said Charge were admitted to be true altho' alledged to be traiterously done yet there is no Treason in it Which Answer being given in the Earl of Bristol took some exceptions at it and some of the Lords inferred thence that if it were Irregularly and Illegally brought in it was a Libel but we satisfied them that it was not under Consideration of us whether it came in as an Information or Charge our Order required us to give Answer to it as a Charge Secondly We did not meddle with any thing concerning accusing him of Misdemeanour for our Order reached only to Treason Thirdly It did not follow that if this Charge were Irregular or Illegal that therefore he was Criminal There might be Presidents to give Colour to such kind of Proceedings for which till it be declared or known that they are Illegal they are Titular and ought not to be punished But it was much insisted on That we should deliver the Reason of our Opinions the Lord of Bristol and his Friends seeming unsatisfied We Replyed That it was never known that when the Justices to whom Questions were referred from Parliament had unanimously agreed in their Opinions that Reasons were required from them Yet notwithstanding it being the desire of the Lords after some things premised and a desire that this should not be drawn into an Example which the Lords assented unto as I took it for no Order was entred concerning it there being no Order as I think for delivering our Reasons entred and it was agreed amongst us that no Note should be reduced least we might be required to deliver our Reasons in writing nor had I time to digest it in writing having only Monday Night after Conference with my Brethren to think upon it I did on the next Tuesday being the 14th of Iuly deliver the Reasons of all the Judges of their