make a new one they returned and Adjourned till Saturday Morning But not agreeing then they desired a further time which was granted till Tuesday following The King telling the Messengers that as he would not have his Prerogative intrencht upon so he would not do any thing against the Priviledges of the House But then instead of Presenting a new Speaker they Presented a Representation Claiming it as a Right to have that Speaker they chose accepted if he were not excused for some Corporal Disease which hath always heretofore been alleadged either by themselves or some others in their behalf in full Parliament as they said But his Majesty not admitting this neither they Adjourned till Wednesday and drew up another Address to have the former better considered and to this his Majesty replied he would send them an answer the next day And accordingly On Thursday he sent for them up to the House of Lords and Prorogued them for one day and on Saturday morning sent for them again and by the Lord Chancellor Commanded them to proceed to the Choice of a Speaker and Present him on Munday Morning which they accordingly did and then they chose Mr. Sergeant Gregory of whom his Majesty approved on the Monday following It was Ominous thus to stumble at the Threshold and therefore there is no great wonder if after this much of his Majesties and the Lord Chancellors good Counsell relating to calmness in the Management of their Affairs was forgotten Tuesday Wednesday and a great part of Thursday the 20th day of March being spent in the preliminaries and in receiving and reading the shoal of Petitions concerning undue Elections and Returns on the Evening of the last day the Commons sent a Message to the Lords to put them in mind of the Impeachments of High Treason against Thomas Earl of Danby in the names of the Commons of England and to desire he might be Committed to safe Custody And referred it to the Committee of Secrecy to draw up further Articles against him By which it appeared that they were resolved to begin where the former Parliament ended so that men easily conjectured what would follow And some there were that suggested as if his place was his greatest Crime and that the ruin of a Minister of State in order to fright the rest of the Ministers was more sought than the Punishment of any Traytor whether Popish or Protestant In the week following it appearing that the Earl of Danby had a pardon by his Majesties mentioning of it in the House of Lords And a Committee being appointed to search it out returned on Monday the 24th of March that it had not been Regularly sued out but was Sealed in the King's presence by his express Command Upon which the Commons sent up a Message to the Lords to demand Justice against him and ordered an Address to his Majesty to represent the dangerous Consequences of granting Pardons to any persons that lie under an Impeachment of the Commons of England And the same day the Lords sent word to the Commons that they had ordered him to be taken into Custody On Tuesday the 25th of March 1679. the Lords sent a Message to the Commons that the Earl of Danby was not to be sound upon which the Commons ordered a Bill to be brought in to Summon him by a certain day or in default thereof to Attaint him Mr. Edward Sacvile a Member of the House of Commons being accused by Mr. Oats to have called the truth of the Plot and Murder of Sir Edmonberry Godfrey in question was ordered to be committed to the Tower Expelled the House and an Address made to his Majesty for the removing him from all Publick Imployments and Trusts This was a sure way to have the Plot believed On Wednesday there having before been a Complaint brought against one Hills and Edwin for Printing a Pamphlet intituled A Letter from a Jesuite at Paris to his Correpondent in London Shewing the most effectual way to ruin the Government and the Protestant Religion was to promote the Dissenters Interest and to chuse factious men into the House of Commons And it appearing that Dr. John Nalson was the Author of it there being no Law to punish this offence the said Doctor was ordered to be sent for in Custody of the Serjeant at Arms to inform the House touching the said Pamphlet The same day a Bill was sent down from the Lords Intituled an Act for the better discovery and speedy Conviction of Popish Recusants Which had been sent down in the former Session of Parliament time enough to have been passed but was neglected which was read the day following On Thursday the 27th of March the Lords sent down a Bill for the Banishing and Disabling the Earl of Danby which his Majesty had profered to do and desired the Concurrence of the House of Commons which the Commons read and rejected that day But notwithstanding the Commons went on with the Bill of Attainder against him and ordered a Clause to be added for the discovery of all trusts relating to him and that he should be made incapable of receiving pardon but by Act of Parliament wherein he shall be particularly Named The same day the Lords sent down a Bill to disinable any person from Sitting in any of the Houses of Convocation till he hath taken the Oaths and made and subscribed the Declaration therein contained On Friday a Bill was read for better securing the liberty of the Subjects Sir Christopher Calthrop Knight who was returned one of the Knights of the Shire for Norfolk being then sick of the Small-pox desired that the Case in difference betwixt him and Sir John Hobard Baronet which was to be heard on Friday next might be delayed which was denyed Note That Calthrop was of the Court-party and Hobard of the Country-party But to look a little back On Monday the 25th of March the House of Lords sent to examin the five Lords in the Tower concerning a French Book about the Plot the Author of which had it seems endeavoured to invalidate Mr. Oats his testimony but they would not own they knew the Author The same day the Vote mentioned in the former Part of the reality of the Popish Plot which had been renewed by the Commons and sent up to the Lords for their concurrence was Voted by the Lords and ordered to be inserted in the first leaf of the Office to be publickly used on the day * 11 of April appointed by his Majesty for solemn Fasting and Humiliation at the request of both Houses On Saturday the 29th the Lords agreed to have a Bill brought in to expell out of the Inns of Court Doctors Commons the College of Physicians and Heralds office all such persons as shall not give testimony of their being Protestants by going to Church and by taking the Sacrament and such Oaths Tests and Declarations as are appointed by any Law for the distinguishing Protestants from Papists and
Address should be made to his Majesty by such Members of their House as were of his Majesties Privy Counsel to desire his Majesty to Command the Lord Chancellor to put him out of the Commission of the Peace Because it seems his Imprisonment was not punishment enough for so great an offence as this Exact Coll. of the most considerable debates c. p. 337. And the Writing several other books to revive the memory of 1641. as one of the Members expressed it in the following Parliament when it seems they meant to have another fling at him for though his Majesty can pardon and forgive there are that cannot But I believe they have got no great matter by this Nor was the Doctor turn'd out of the Commission for all their Address his Majesty knowing this would not suit his Interest On Saturday the Lords sent down a Bill entituled May 3. An Act for freeing the City of London and parts adjacent from Popish Inhabitants and providing against other dangers which may arise from Papists And in the Afternoon May 5. an Account that the Earl of Danby would insist upon his Pardon and that he desired his Council might be heard to the Validity of it On Monday His Majesty sent this message to the Commons by the Lord Russell His Majesty hath commanded me to let the House know that his Majesty is willing to comply with the request made to him by the House concerning Pickering and that the Law shall pass upon him accordingly and as to the Condemned Priests the House of Peers have sent for them in order as his Majesty conceives to some Examinations and further to acquaint you that he repeateth his instances to you to think of putting the Fleet in such a posture as may quiet mens fears and at least secure us from any sudden attempt which his Majesty doubts not but you will do And though the streights and difficulties he lyeth under are very great he doth not intend during this Sessions to press for any other Supply being willing rather to suffer the Burdens that are upon him some time longer than to interrupt you whilst you are imployed about the discovery of the Plot the Tryal of the Lords and the Bill for securing our Religion The same day the Commons went up to the Bar of the Lords house to demand Judgment against the Earl of Danby upon the Illegality of his pardon May the 6. On Tuesday John Wilson and Roger Bockwith Esquires two Justices of the Peace of the County of York were sent for in Custody for saying that this Parliament was no Parliament and they would justify it Of which more hereafter May 22. A Message was sent to the Lords by the Commons that the House was ready to make good the Impeachments against the five Popish Lords in the Tower and the Committee of Secrecy belonging to the Commons was appointed to manage the evidence against them at their Tryals Wednesday The 7. of May the Lords sent down a Message that they had appointed Saturday to hear the Earl of Danby's Plea for the Validity of his Pardon that they had Addressed to the King for the naming a Lord High Steward at his Tryal and that of the Popish Lords which was appointed by their Lordships to be that day seven-night On Thursday The 8. of May. the Commons agreed an Address to his Majesty against John Duke of Lauderdale upon general pretences of fears and jealousies desiring he might be removed from his Majesties Counsels in England and Scotland putting his Majesty in mind of the Address of the last Parliament to that purpose and resolved they would attend his Majesty in a body The Commons desired a Conference with the Lords to state before hand the manner of proceedings in the Tryal of the Earl of Danby and of the five Popish Lords and took exceptions to their motion for a Lord High Steward On Friday his Majesty sent for the Commons and passed the Bill for Disbanding the Army and such other Bills as were ready which was wisely done for by this surprize other debates were prevented which might have prov'd of dangerous consequence After this they appointed a Committee to inspect the Journalls and search Presidents touching the carrying up of Bills and what previous intimation ought to be given to them of his Majesties intention to pass Bills and from and by whom such notice hath usually been given and whether the House may debate after the message delivered by the Black Rod for attendance of the House upon his Majesty It would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded By all which as much as is possible to conjecture it would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded to the great damage of the King and Kingdom notwithstanding the common clamour against them if his Majesty had not thus prevented it The same day the Commons passed this Vote that no Commoner whatsoever should presume to maintain the Validity of the pardon pleaded by the E. of Danby without the leave of their house first had and that the persons so doing should be accounted betrayers of the Liberties of the Commons of England and Ordered this Vote to be posted up at Westminster-hall Gate Serjeants-Innes and Innes of Court His Lordships Friends called this a depriving him of all counsel to defend himself but what was appointed by his Enemies and Accusers in a matter of Law insisting upon the Rules of proceedings in all other Courts and the ordinary methods of Common and Natural equity and right it seeming hard to ruine a man if not some diffidence of the case to deny him those Priviledges the meanest and worst of Rogues have which is to choose such Councel as the Court before whom they are to be tryed will allow the Kings Councel excepted And when the humour was stirr'd they voted that the Answer delivered by the Lords that day at the Last Conference about the manner of trying the Peers whereby their Lordships had not consented to a Committee of the Houses because they did not think it Conformable to the Rules and Orders of their Court of which they said they had reason to be tender in matters relating to their Judicature tended to the Interruption of the good correspondency between the two Houses May 10. The first thing the Commons did on Saturday morning was the Reading of an Address to the King for the raising of the Militia of London Westminster the Tower Hamlets and Counties of Middlesex and Surrey for the security of his Majesties Person at the Tryal of the Popish Lords by reason of the Great Resort of the Jesuits Popish Priests and other Popish Recusants at that time in contempt of his Majesties Laws and Royal Proclamation to which they desired the Concurrence of the Lords to which they unanimously agreed The E. of
that none shall hereafter be Admitted into any of the said Societies that shall not do the same And that an Address should be made to his Majesty that all persons who bring up or suffer their Children to be bred up in the Popish Religion may by his Majesties order be put out of all publick Employments civil and military whereof they are now possessed AND that for the future no person may be put into or continued in any employment civil or military who shall knowingly Marry a Papist These last particulars are most worthy to be passed into an Act of Parliament On Tuesday the first of April the Commons finished the Bill of Attainder against the Earl of Danby and sent it up to the Lords After which they passed this Vote Resolved That the continuing of any standing Forces in this Nation other than the Militia is illegal and a great Grievance and Vexation to the people This is the first Vote that was ever made against his Majesties Guards since his return tho there have been Parliaments sitting ever since On Thursday the 3d of April the Articles of Impeachment against William Earl of Powys William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasyse were brought into the House of Commons and received And a Bill about the Convocation sent down by the Lords and another to Regulate the Elections of Members to serve in Parliament were read the first time and ordered a second Reading Friday the 4th of April An Act for the better discovery and more speedy Conviction of Popish Recusants sent down from the Lords was read the second time and Committed to a Committee who were also to bring in a Clause to prevent any of the Royal Family from matching with Popish Recusants Was not this that tacking of things of a different Nature together which his Majesty had resolved against as he told the Houses in these words about a year before One thing more I have to add and that is His Majesties Speech the 23 of May 1678. to let you know that I will never more suffer the course and method of passing Laws to be changed and that if several matters shall ever again be tacked together in one Bill that Bill shall certainly be lost let the importance of it be never so great But it was resolved it seems now to try whether he would be as good as his word and if he were then the clamour should be that he was against the speedy conviction of Popish recusants Besides this was no such trivial thing but that it might have deserved a distinct Bill The same day the Bill against the Earl of Danby being delivered back by the Lords at a Conference with some Amendments the Commons referr'd the consideration of the Amendments to be considered the next day and ordered an Address to be drawn up for a Proclemation for the Apprehending the said Earl with the usual penalties upon such as conceal him and that he should not be permitted to reside with in any of his Majesties places of White-Hall Somerset House and St. James's On Saturday the Bill for Regulating Elections was read the second time and Committed to a Committee 5 of April with liberty to divide the Bill as they see cause On Monday the 7th of April his Majesty by Mr. Secretary Coventry acquainted the House of Commons that Mr. Reading had acquainted him by a letter directed to one Mr. Chiffinch that he had matters of great importance concerning the Prisoners in the Tower and the present Plot but that his Majesty would not meddle with any Prisoners Committed by this House and that he would if the House thought fit not only permit him but lay his Commands on him frankly and freely to impart whatsoever he knew of that affair to the House of Commons or the Committee of Secrecy appointed by them Which so pleased the Commons that they ordered the humble thanks of the House to be returned to his Majesty So far was he from concealing any thing relating to the Plot as he hath been basely and falsely calumniated This day the Commons sent up the Articles against the five Lords in the Tower into the House of Lords The same day it was ordered that a Bill should be brought in for Annexing Tangier to the Imperial Crown of England ☞ upon a report that it was to be sold to the French I should not have taken notice of this Vote but that I shall have occasion to make further use of it hereafter The Ninth day of April the House further Voted ☞ that those who did advise his Majesty to part with Tangier to any Foreign Prince or State or were instrumental therein ought to be Accounted Enemies to the King and Kingdom On Tuesday the eighth of April the Bill relating to the Convocation was read and referr'd to a Committee And then they fell to debate the Reasons against the Amendments of the Lords to the Bill against the E. of D. which chiefly stood upon this point that the Bill was by them changed from a Bill of Attainder to a Bill of Banishment which the Commons could not consent to 1. Because 't was not the legal punishment of Treason 2. That he might make use of the remission as an Argument of their distrust of their proofs against him 3. That it would encourage others to withdraw themselves as he had See the Reasons at large in the Printed Journal The Habeas Corpus Bill was read the third time and passed and sent up to the Lords The same day was a conference betwixt the Lords and Commons about the E. of D. Bill wherein the Lords prayed a Mitigation of the said Bill Which was referred by the Commons to be considered the next day When their desire was denyed April 9. and Reasons ordered to be drawn up against it The next day there was two several Conferences about this Bill But no report of either of them entered that day in the Journalls of the House of Commons but they are entered on Saturday the 12th of April And it appears that the Commons resolved then to stand to the Bill without the Amendments In the House of Lords on Saturday the 5th of April the Lord Bishop of Ely complained that one Mr. Sidway had put an information against himself and some others of the Lord Bishops that was very derogatory to them and thereupon the House commanded the business to be brought before them and stopt the proceedings of their Committee of Secrecy in that and all other things relating to any Member of their House Where the business being heard on the Monday following the said John Sidway was Committed to the Prison of the Gatehouse for bringing a frivolous and untrue accusation against the Lord Bishop of Ely and other Bishops though several Lords dissented So the Bishops were quitted that time with Honour as I wish they always may be and that their enemies may meet with
Thursday the Votes I have mentioned before being communicated by the Lords to the Commons the Commons answered That if the pardon of the E. of Danby infer Life and Death it is the same with Guilty or not Guilty and desired again to know whether the Lords Spiritual should Vote upon the E. of D. Pardon in answer to which the Lords said they had no Instructions in that point but would acquaint the House with it On Friday the Commons insisted that the Lords Spiritual ought not to have any Vote in any of the proceedings upon the impeachments against the Lords in the Tower and the Commons declared that they knew not how to proceed in Capital matters before a new Court to which the Lords would not reply So the Lords voted that Thursday next should be appointed to begin the Tryals of the five Popish Lords After which the Lords Spiritual desired leave of the House that they might withdraw themselves from the Tryals of the said Lords with the liberty of entering their usual Protestations as I have formerly said And it was Ordered that the Resolution of the Lords House and the desire of the Lords Spiritual should be communicated to the Committee of the House of Commons the next Morning This being so done the Commons insisted that their Vote extended to the E. of Danby as well as the five Lords whereas the Lords Vote relate only to the five Lords and therefore they desired to know what answer the Lords would give as to the E. of Danby they further objected that they conceived that their vote was as to the Right of the thing and that the Bishops have no right to be at any Vote in any capital cases And they conceived the E. of Ds. to be a Capital case as well as the cases of the other five Lords and that if the Bishops may have leave to withdraw it implies a right which if they have it is a new Court which the Commons cannot admit of The Lords reply'd there is no day yet appointed for the tryal of the E. of D. and that the Lords Spiritual will be absent at all the parts of the Tryals of the five Lords and that the Protestations they now desire to enter will be the same as in the Earl of Strafford 's case Then the Commons said they could not proceed to treat of any other Proposals till such time as the business about the Court be setled On Munday the 19th of May the Commons further insisted that the Lords Spiritual ought not to have any Vote in the proceeding against the Lords in the Tower and when that matter shall be setled and the Method of proceedings adjusted their House would be then ready to proceed upon the Tryal of the Pardon of the E. of Danby against whom the Commons had already demanded judgment and afterwards to the tryal of the five Lords in the Tower Upon which the Lords told them they had no Authority to debate this Matter Note that the tryal of the E. of D. was render'd impossible by Voting no Commoner of England should be of Counsel with him or defend the validity of his pardon 2ly That all this contest about the Bishops was only in relation to the Earl's case 3ly That they insinuate they would proceed by Bill all which were Declarations they meant to force the Lords as much as in them lay to condemn the E. one way or another as the Long Parliament forced his Majesties Father and the House of Lords against their declared judgments to condemn the E. of Strafford But to go on The Commons then further said that the Lords resolution which was offered was no answer to their proposition which comprehended the E. of D. as well as the five Lords besides the Lords answer was doubtful for it appears that the Bishops asked leave to be absent but it appeared not that it was granted then consequently the Bishops must sit in Court at the Tryals that the Commons conceived that the Bishops absenting themselves by way of Leave is a strong implication of a right asserted which they cannot allow can ever be maintained yet this they were told let it imply what it will was allowed them in the case of the E. of Strafford in Parliament by a house of Commons that were no great Friends to Bishops and why could not the Commons now be contented with what was practised then and at all other times and the Commons did think they said there was the same reason for the Bishops being absent from the Tryal upon the pardon as from the tryal of the other five Lords and that the naming of a day for the tryal of the five Lords before the tryal of the pardon of the E. of Danby against whom the Commons had already demanded Judgment as the putting that last which they desired should be first To which the Lords told them they were not impowered to debate but would impart these Matters to the House The Commons hereupon replied they were ready to go on and that for want of these trials all publick business stood still but the Lords seem'd to lay the stop at the Commons door by naming a day which they conceived ought not to have been appointed before the Methods were considered for the Lords had not answered the Commons in matter of Right which never was nor it may be will be answered which was necessary first to be adjusted and they desired their resolution as to that matter for they conceived they the Bishops had no right which whether they had or no there was no more necessity of determining it then then heretofore and the Lords might as well make the Judges part of their Court as the Bishops in this point As they said And they said the Commons would give no disturbance to the Ancient judicature for they own'd that to be sacred and they conceived they had a right to know before what Court they shall appear and they hoped the Lords would consider of their having appointed a day before the Methods were considered and would give them leave to wonder at it It is as likely the Lords took leave all this time to wonder at the Commons too and it is likely posterity will wonder that all this Controversy should be banded thus when it was thought to have been full time at least to have been trying the five Lords and dispatching the Bills against Popery On Tuesday the 25th of May the Lords having again considered of all this in a Committee of the whole House gave further day for the Tryal of the five Lords till that day sennight The same day the Commons read the Bill for freeing the City of London and parts adjacent from Popish Inhabitants with the Amendments the third time and having added two clauses return'd it to the Lords from whom it came The Bill for disabling the D. of York to inherit the imperial Crown of this Realm being read the second time and the question put whether
judgment as well as others and if I be adjudged an enemy of the Commons of England for my pains I cannot help it only I have not medled with the Validity of the pardon in all this nor I think never will and so I have not offended against that Vote The Conclusion I shall draw from hence is that the Lords had reason to put the Tryal of the five Popish Lords first and that the Commons necessitated them so to do by that Extraordinary Vote by starting a new Controversy about the Jurisdiction of the Bishops in all Capital causes and by refusing them liberty to do as they always had done before that is to withdraw upon Leave with the usual protestations entered all which things were not presently to be given up nor could suddenly be determined The rest of that day was spent in two Conferences the one concerning the Habeas Corpus Act and the other about the Tryals in which the Long reasons I mentioned were delivered On Tuesday the 27th of May The Habeas Corpus Bill was agreed at a Conference betwixt the two Houses Then a Message was sent by the Lords to the Commons to acquaint them that his Majesty was coming in his Robes who accordingly sent for the Commons and having passed 1. An Act for the reingrossing the Records of Fines burnt or lost in the late Fire in the Temple 2. An Act for the better securing of the Liberty of the Subject and for preventing imprisonment beyond Seas Which is that I call the Habeas Corpus Act for shortness Which were all that had been got ready for his Royal assent in this Session of Parliament His Majesty made a short Speech to this effect My Lords and Gentlemen I Was in good hopes that this Session would have produced great good to the Kingdom and that you would have gone on unanimously for the good thereof but to my great grief I see that there are such differences between the two Houses that I am afraid very ill effects will come of them I know but one way of Remedy for the present assuring you that in the mean time I shall shew my sincerity with the same Zeal I met you here and therefore my Lord Chancellor I command you to do as I have Ordered you Who immediately Prorogued both Houses to the 14th day of August following The news of this Prorogation of the Parliament was no sooner spread about the Nation but the cry was taken up by the zealous Impostors that it was done of purpose to hinder the Tryal of the Popish Lords for as for the E. of D. the People were generally unconcern'd what came of him And dreadful Stories were told in Coffee-houses Ale-houses Taverns and Meeting houses of the danger of Popery and what great favourers they had at Court not sparing his Majesty But this was not all the Act for Regulating Printing expiring with this Session of which no care was taken notwithstanding his Majesty recommended it so seriously to the Parliament by the Lord Chancellour at the opening of it The Nation became presently so pestred with a swarm of Lying Seditious treasonable and scandalous Pamphlets Papers and Pictures that a man would have thought Hell had been broken loose His Majesty the Church the Government were represented every day by them in the most odious manner that spite falsehood and malice could invent to beget a disaffection in the people to the Government and to involve us in another Rebellion And if any man presumed to Defend them he was presently a Papist in Masquerade a Tory or Tantivy man and very often threatned with the Parliament All which was done without doubt out of as pure kindness to his Majesty and to beget honour to the Government and tended as apparently to the Interest and Safety of the Protestant Religion as the Jews Crys of Crucify him Crucify him did to the delivery of our Saviour out of the hands of Pilate There was an Accident that began in this Session of Parliament and received its occasional being from some Distemper'd Spirits In March 1679 there was a Speech said to be made in the House of Lords by a certain * This Speech is Printed in a Pamphlet called An impartial account of divers remarkable Proceedings in the last Session of Parliament London 1679. folio Earl and by the Diffenters and Commonwealth Party spread about the three Kingdoms with a mighty Zeal which in Scotland was followed with the usual effects of such like Speeches and in regard that it may administer much consolation to that Party to read it over again that were so well pleased with it before I will reprint it here word for word My Lords You are appointing of the State of England to be taken up in a Committee of the whole House some day next week I do not know how well what I have to say may be received for I never study either to make my Court well or to be popular I always speak what I am commanded by the Dictates of the Spirit within me There are some Considerations that concern England so neerly that without them you will come far short of safety and quiet at home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a wall we will build on her a palace of silver if she be a door we will enclose her with boards of Cedar We have several Little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland the Foreign Protestants are a Wall the only Wall and defence to England upon it you may build Palaces of Silver Glorious Palaces The protection of the Protestants abroad is the greatest power and security the Crown of England can attain to and which can only help us to give check to the growing greatness of France Scotland and Ireland are two doors either to let in good or mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to Inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in at doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there it is an Ancient Kingdom they have an Illustrious Nobility a Gallant Gentry a Learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition they are in They are under the same Prince and the influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is certain that in all Absolute Governments the poorest Countries are always most favourably dealt with When the Ancient Nobility
and Gentry there cannot enjoy their Royalties their Shreivaldoms and their Stewardaries which they and their Ancestors have possessed for several Hundreds of years but that now they are enjoyned by the Lords of the Council to make deputations of their Authorities to such as are their known Enemies Can we expect to enjoy our Magna Charta long under the same Persons and Administration of affairs If the Council Table there can imprison any Noble-man or Gentleman for several years without bringing him to Tryal or giving the least reason for what they do can we expect the same men will preserve the Liberty of the Subject here I will acknowledge I am not well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countreys have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath outdone all the Eastern and Southern Countreys in having their Lives Liberties and Estates subjected to the Arbitrary will and pleasure of them that Govern They have lately plundered and harassed the Richest and Wealthiest Countries of that Kingdom and brought down the Barbarous Highlanders to devour them and all this without a most colourable pretence to do it Nor can there be found a reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any rate which as they managed was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the just time for the execution of that wicked and bloody design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are in question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court and that these men that are still in place and Authority have that influence upon the Mind of our excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect cure to it until that be done the Scotch Weed is like Death in the Pot. Mers in Olla But there is something too now I consider that most immediately concerns us their Act of Twenty two Thousand men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a Standing Army of six thousand men I am sure we have reason and right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there But if a French Noble-man should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live else-where and I hope your Lordships will do the same thing for the Nation if you find the same cause My Lords give me leave to speak two or three words concerning our other Sister Ireland thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restored and the Protestants are not many of them yet recovered from being the suspected Party the Sea-Towns as well as the Inland are full of Papists that Kingdom cannot long continue in the English hands if some better care be not taken of it This is in your power and there is nothing there but is under your Laws therefore I beg that this Kingdom at least may be taken in consideration together with the State of England for I am sure there can be no safety here if these doors be not shut up and made sure Whether any such Harangue was made in that August assembly or not I cannot say but I am sure that all the Seditious and Treasonable Pamphlets that have been since Printed are but flourishes upon this Text and an extract of those that went before them the very model of the last Rebellion and probably the design of an other But England and Ireland are not as yet ripe for so generous an undertaking But to shew you how matters past in Scotland I will Transcribe the very words of my Author and leave the credit of them with him By the very next post after this Speech was said to have been spoken The Spirit of Popery speaking in the Phanatical Protestants pag. 73. London 1680. fol. Forty written Coppies of it were sent from London to Edenbrough and the Fanaticks grew so insolent and so daring upon it that several Loyal Gentlemen wrote up accounts to what height of Insolences this Speech had blown up the Enemies of the Church and the Monarchy and that they had just reasons to fear that very dangerous attempts if not a down-right Rebellion would speedily ensue thereupon but those reports found not too much credit at London where the world was made to believe by men whose interest it was that they should not be credited that they were but the inventions of the Duke of Lauderdale for whose advantage in that conjucture it was that they should be believed My Author goes on that he is confident such is his charity he that made it The Effects would not have done so had he known the true State of Scotland which few English men do or foreseen the evil effects which it immediately had in encouraging the Covenanteers to Assassinate Massacre and Rebel For now they begin to look and speak big in Edenbrough and many of them were heard and seen upon the Crown of the Causway who had sneeked about in darkness before And as for the disaffected parts of the Country they now display'd the Banners of Jesus Christ as they Blasphemously call'd their colours at their Conventicles every where and their Preachers now told them that the time of their deliverance and of Gods taking Vengeance upon his Enemies was now at hand only they must repent and be strong and of a great courage and fight the Battles of the Lord. They also threatned in all places such as they thought were seriously active against them talking of great Changes and Revolutions in England and in Publick Places dropt Lists of the Names of those men whom they had a mind should fall by Heroical Hands And in the first place naming Dr. Sharp the Archbishop of
the Letters Papers and Evidences which have been delivered to the Privy Council relating to the said Plot. This Afternoon they Waited upon his Majesty with their Address for the Preservation of his Person and Government c. On Munday the First day of November Mr. Secretary Jenkins told the House the Papers they had Addressed for had been sent to the Committee of the House of Lords for Examination of the Plot the 24th of October The Bill for wearing of Woollen was also read and committed Then the Speaker Reported the King's Answer to their Address for Preservation of his Majesties Person and the Protestant Religion which was as followeth I Thank you very heartily for your Zeal for the Protestant Religion and I assure you there shall be nothing wanting on my part at Home or Abroad to preserve it Sir Francis Winnington Chairman of the Committee for Inspecting the Journals of the Two last Parliaments concerning the Proceedings relating to the Popish Plot reported a general abstract of the same which was Ordered to be perfected and that they should inspect those of the House of Lords for the same time Then one Hardwich a Linnen-Draper being accused of some Misdemeanors against one Seignior Francisco a Witness in the Popish Plot was Ordered to be sent for in Custody of the Serjeant Attending their House to answer the same This was to punish a man before they knew whether he were guilty or no upon a bare Suggestion On Tuesday the 2 d. of November A Bill for prohibiting the Importation of Irish Cattel was read and committed And then one Harnage was ordered to be brought to the Bar for abusing Francisco Ferria And then they Voted an Address to his Majesty for a pardon for Dangerfield and that he would take him and Mr. Dugdale Mr. Prance and this Seignior F. Ferria into his Royal Care and Protection But these were small matters to what follow Resolved Nemine Contradicente That the Duke of York's being a Papist and the Hopes of his coming such to the Crown hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion Resolved That in defence of the King's Person and Government and of the Protestant Religion this House doth declare That they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come by any violent death which God forbid they will Revenge it to the Vttermost upon the Papists who ever did it Resolved That a Bill be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm On Tuesday the 3 d. day of November the Lords sent down an Act they had passed for the better Regulating the Trials of the Peers of England to which they desired the Concurrence of the Commons and it was read the same day and committed Mr. Harnage being then brought to the Bar was continued in Custody of the Serjeant during the Pleasure of the House Not one tittle being inserted concerning the Nature of his Misdemeanor The Committee for Examination of the Journals were also appointed to inspect the Impeachments against the Lords in the Tower and the proceedings thereupon And they were also to prepare Evidence against the said Lords And in the mean time they Voted Resolved Nemine Contradicente That a Bill be brought in for the better Vniting of all his Majesties Protestant Subjects This was now a New Name for a Toleration as I will make it appear Ordered That Sir Tho. Whitegrave and Mr. Birch of Stafford Apothecary and Lieutenant Ellis be sent for in Custody of the Serjeant to answer to the Charge given against them by Mr. Dugdale Ordered That Herbert Herring be sent for in Custody c. for a Notorious Breach of Priviledge by him committed against Mr. Colt a Member of their House No account how or when being given But Jeremiah Bubb was onely Summoned to appear at the Bar to answer for a Breach of Priviledge committed against Mr. Colt The Bill for Prohibiting the Importation of Irish Cattel was read the second time and committed And Leave was given to bring in a Bill for the Exportation of Leather On Thursday the 4th of November the said Bill was read the first time and Ordered a second reading And then Mr. Secretary Jenkins Reported his Majesty's Answer concerning the Informers against the Popish Plot which was That Care had and should be taken of them Ordered That a Committee be appointed to inspect the Act intituled Trade Encouraged made in the 15th Year of his Majesties Reign and to bring in a Bill for prohibiting of Scotch Cattel at certain Seasons And then after some Debates and Votes concerning Elections of which I shall take no Notice The Bill for disabling the D. of York to Inherit was read the first time and committed Ordered That a Committee be appointed to Inspect the Laws that are in being touching the Maintenance of the Poor and to bring in a Bill or Bills for Regulating and preventing the encrease of the Poor in this Kingdom On Saturday the 6th of November it was Ordered That a Committee be appointed to Inspect the Law concerning the Anniversary Reading of the Narrative of the Gunpowder-Plot in Churches on every Fifth day of November and to Report the same to the House Resolved N. C. That it is the Opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants Ought not to be Extended against Protestant Dissenters It would have been well if we had been told why they ought not to be Extended to all that break them one as well as another And then how it should be possible to distinguish these two Sorts of offenders one from the other the offence being Exactly the same tho the cause be a little different And then thirdly if a Bill had been brought in for that purpose for the Votes of the House of Commons are no binding Expositions of Law nor I hope never will be Lastly this Vote was needless if the Bill of Vnion went on and to no purpose if it did not as I suppose they understand Now. Ordered That a Committee be appointed to prepare and bring in a Bill for Repeal of all or any part of the Act of Parliament made in the 35th Year of the Reign of Queen Eliz. Cap. 1. Printed in the Statute Book of Pulton This was a severe Act against the Dissenters and they were Now to be Countenanced and Encouraged to the utmost for what end and purpose is not difficult to be guessed by their Insolence against the King and Government A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey was read the first time and committed The Bill to disable the Duke of York was read the Second time and committed to a Committee of the whole House with a Resolution declared that it should Extend to the Person of the Duke of
many other such proceedings As the Parliament that is the Commons Courted the City so the City was as kind to them and Calling a Common Councel Voted an Address to his Majesty to declare their Loyalty and to Petition him that the Parliament might Sit until Protestantisme was Secured I believe they might mean innocently tho I am well Secured that this would have perpetuated them to the End of the World if some amongst them might have been Judges of the time when this great work was perfected But this did not Edify with his Majesty who penetrated to the bottom of these little Projects and was not over-pleased with this Correspondency betwixt this and the Commons remembring what ill effects this Conjunction had in the Reign of his Father So he Advised the Common-Councel to meddle with those things that lay before them and assuring them That he would Labour to maintain the Protestant Religion as it was Established by Law which was more than they desired he dismissed them On Munday the 15th day of November A Bill against the Importation of Cattel from Scotland was Read the first time and Ordered a Second Reading the Saturday following at Ten of the Clock This day was delivered the following Message to the Commons CHARLES R. HIS Majesty did in his Speech at the Opening of this Session of Parliament desire your Advice and Assistance in relation to Tangier the Condition and Importance of the Place obliges his Majesty to put this House in mind again That He relies upon them for the Support of it without which it cannot be much longer preserved His Majesty doth therefore Earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House A Debate thereupon arising in the House they Voted That they would proceed in the Consideration of this Message the next Wednesday Morning at Ten of the Clock A Bill sent down from the Lords Intituled An Act for the better Regulating the Tryals of the Peers of England was Read the Second time and Committed upon the Debate of the House This day the Bill for Disabling the Duke of York was Read the first time in the House of Peers and the question being put Whether it should be read again the House divided Noes 63. Yeas 30. So it was Thrown out the Bishops all appearing against the Bill Except three for which some of the Commons Reflected upon them with great Liberty as if no body could be for the Duke but he must be for Popery The House of Commons taking notice of this were so discomposed that they Adjourned themselves on Tuesday Morning and did nothing that day And the day following meeting in a very bad and discontented humour and taking into Consideration the Message about Tangier They Resolved upon an Address to his Majesty upon the Debate of the House Humbly representing to him the dangerous State and Condition of the Kingdom And then it appearing that George Earl of Hallifax had been very Active in the House of Lords against the Bill for Dis-inheriting the Duke they Resolved also upon another Address to his Majesty to remove the Earl from his Majesties Presence and Councils for Ever And this was all they did the Second day after The House being in a perfect Fret and the Country-Party Heating themselves by their Speeches to that height they were scarce able to Consider what was fit to be said or asked And now that the Peers of England have passed their Judgment concerning this Bill I will add some short Reflections upon the Bill which I shall shall submit to my Reader as it is fit I should First Then I do acknowledg it is a great affliction to any Protestant Country to fall into the Hands of a Popish Prince and worse for England then for most other because of the great and implacable Malice the Jesuits and the whole Church of Rome have ever born to the Religion Established amongst us which is more easily defended against them then any other Reformed Church as being founded upon greater Antiquity and more conformable to the Primitive Church of the Three or Four first Centuries then either the Church of Rome or any of the Reformed Churches in these Western Parts of the World and therefore they of the Church of Rome Have left no stone unturned to Subvert her imploying all their own Wit and Power against her ever since the Reign of Queen Elizabeth began and sticking neither at Perjury Treason Murther nor any other Villany that they thought might conduce to that End and when God had by his Gracious Providence defeated all these their Damnable Projects They Transformed themselves into the shapes of our own Protestant Dissenters and so promoted a Rebellion which ended in the seeming Ruine of this Religion and Government to their mighty Content and Satisfaction but tho his Majesty at his Return re-settled this Church yet they did not give over but by a Toleration by spreading Pamphlets written in the Stile of the Dissenters and so very acceptable to them by discouraging all that opposed our Intestine Divisions and a multitude of such other frauds they have in Twenty Years time so shaken her foundations again that his Majesty can hardly now preserve and uphold her against the Popish Party on the one hand and the Dissenters on the other So that if this poor persecuted Church should fall into the hands of a Prince of their Communion She is to Expect whatever the most Enraged Malice armed with his Authority can inflict upon her and She hath all the reason in the world to expect the Dissenters will joyn with them to afflict and ruine her Not out of any Kindness to Popery but out of an implacable hatred they two have Conceived against her So that I must and will Conclude the Church of England hath the greatest reason in the world to dread that day that shall put her into such hands But yet still with this limitation notwithstanding that by Avoiding one Mischief she should not plunge her Self into a greater that is by flying a Persecution from men to fall into a Rebellion against her God and Saviour by whose Providence Kings and Princes of what Religion soever they be rule and by whom they have in all Ages been so Ordered Disposed and Governed as He in his Divine and Holy Wisdom Saw most Expedient for the Prosperity or Chastisement of his Church to the greater encrease of her Glory and Happiness in the world to come Two things I will lay down as Undoubted Rules or Maximes 1. That the Kingdom of England is an Hereditary Kingdom or Monarchy which for many Ages hath gone to the Next Heirs be they Males or Females of the Blood Royal without any Election or Consent of the People otherwise then by acknowledging their Lawful Right derived from God by their Blood to them The Second is That this Hereditary Monarchy was set up at first and hath been since upheld and maintained by the Providence of
for Repeal of the Laws de Scandalis Magnatum It was Ordered That a Committee should be appointed immediately to withdraw and prepare such a Clause Which was done and passed the same day If the Peers had passed this Clause they had reduced themselves into the Condition of the Gentry and Commoners and a man might have called the greatest Lord in England Knave more Safely perhaps than his Taylor but if they did not then that Excellent Bill was to be lost to which they had tacked this Clause which was quite of another Nature And it ought to be Considered also That the Lords were Soon Voted down by the Commons once before when by Separating themselves from the Crown they had lost their Support and they may be sure the same thing will follow again when ever the Commons shall prevail so far upon them as to bring the Peerage into as Low a Condition as the Gentry their Priviledges being to speak the truth too little already to support and maintain their Dignity and Honour but of this I need say no more The Bill for Uniting his Majesties Protestant Subjects to the Church of England was read the first time and ordered to be read again the Munday following after Ten of the Clock in a full House Another Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the penalties of the Laws against Popish Recusants was read the first time and ordered to be read at the same time with the former again Friday Decemb. 17th Captain Castle petitioning to be discharged was Censured on his Knees at the Bar of the House and dismissed paying his Fees A Petition of one Richard Haines desiring Leave that a Bill should be brought in for restraining Vngrants and promoting the Woollen Manufactures was read and committed to a Committee to prepare the said Bill Leave also was given to bring in a Bill for the more easy Collecting of the Hearth-Money The Additional ACT for Burying in Woollen was read and passed and sent up by Sir George Downing to the Lords for their Concurrence A Bill for Continuance of two Acts The one Entituled An Act for preventing the planting of Tobacco in England and Regulating the Plantation Trade The Other An Act for Exporting Beer Ale and Mum was read a second time and committed Then the House agreed the Articles of Impeachment against Edward Seymour Esq a Member of their House and Ordered him to be taken into Custody of the Serjeant till he should give Sufficient Security to their House to answer the said Impeachment and the Serjeant at Arms was Ordered to take the said Security The Bill for restraining Papists from coming or residing within the Cities of London or Westminster c. was read the second time and committed Then the House resolved into a Committee of the whole House and passed these three Resolves 1. That a Bill be brought in for the more effectual Securing of the Meeting and Sitting of Frequent Parliaments as one means to prevent Arbitrary Power 2. That a Bill be brought in that the Judges hereafter to be made and Appointed may hold their Places and Salaries quam diu se bene gesserint and also to prevent the Arbitrary Proceedings of the Judges 3. That a Bill be brought in against Illegal Exaction of Money upon the People and to make it High Treason And a Committee was appointed to bring in a Bill or Bills pursuant to the said Resolves It may appear from hence great care was taken to put the Monarchy out of a possibility of Arbitrary Power but what then is it impossible that there should be any Such Thing as Arbitrary power Exercised by any but a Monarch Is not a Common-Wealth or a House of Commons as capable of Arbitrary power as a King Were the Proceedings of the Long Rebel-Parliament Arbitrary or No Were not Some of the Actions of this very House of Commons Arbitrary I dare Say those that suffered by them thought them so and the rest will be of the same mind if ever it comes to be their Turns to be so treated which they are not sure but at one time or other may happen At least I am sure the pulling down the Monarchy did Once before bring in Arbitrary power with a Vengeance and those that had clamoured against it as they do now when there was no cause for it durst not mutter a Sillable when there was and if they did really believe there were any danger of it Now we should hear much less than we do of it On Saturday the 18th of December The Bill for taking away the Court holden before the President and Council in the Marches of Wales was read the third time and passed and sent up to the Lords The rest of this day was spent in returning an Answer to his Majesties Speech On Munday following a Bill to prohibit the Importation of Foreign Guns was read the first time and Ordered a second reading And Mr. Aulnutt and Mr. Herbert were Ordered to be discharged being first Censured on their Knees and paying their Fees And that Sir John Lloyd Mayor and William Jackson and William Clutterbuck late Sheriffs of Bristol be sent for into Custody On Tuesday the 21 of December The Bill for Vniting his Majesties Protestant Subjects to the Church of England was read the second time and committed upon the Debate of the House And it was Ordered That Leave be given to bring in a Bill or Bills for Inspecting and Correcting Pluralities and Non-Residences relating to Ecclesiastical Benefices The same day they delivered their Answer to his Majesties late Speech on Wednesday the 15th of December which I will here insert according to my promise My Lords and Gentlemen AT the Opening of this Parliament I did acquaint you with the Alliances I had made with Spain and Holland as the best Measures that could be taken for the Safety of England and the Repose of Christendom But I told you withall That if Our Friendship became Unsafe to trust to it would not be wondred at if Our Neighbours should begin to take new Resolutions and perhaps such as might be fatal to Us. I must tell you That Our Allies cannot but see how little hath been done since this Meeting to Encourage their Dependance upon Us and I find by them That Unless We can be So United at home as to make Our Alliance valuable to them it will not be possible to Hinder them from Seeking some other Refuge and making Such New Friendships as will not be Consistent with Our Safety Consider that a Neglect of this Opportunity is Never to be repaired I did likewise lay the Matter plainly before You touching the Estate and Condition of Tangier I must Now tell you again That if that Place be thought worth the Keeping you must take such Consideration of it that it may be speedily Supply'd it being impossible for Me to Preserve it at an Expence so far above My Power I did
of Parliaments I know the Legislative is very great and it ought to be so But yet I am of opinion That Parliaments cannot dis-inherit the Heir of the Crown and that if such an ACT should pass it would be invalid in it self And therefore I hope it will not seem strange that I should offer my Judgment against this Bill while it is in Debate in which I think I do that which is my Duty as a Member of this House Henry the Fourth of France was a Protestant his People most Papists who used some endeavours to prevent his coming to the Crown but when they found they were not likely to perfect their design without occasioning a Civil War they desisted concluding that a Civil War would probably bring on them more misery than a King of a different Religion and therefore Submitted Sir I hope we shall not permit our Passions to Guide us instead of Reason c. Thus far that Great Person To these Reasons if we please to add this other That it is so far from preventing our Calamities that it will Ascertain them at his Majesties Death with the Addition of a Civil War and in all likelyhood bring that upon us before that time for so soon as ever the Bill pass the Duke will have a Right to make a War upon England even in his Majesty's Life-time and what may be the event of that God onely Knows However to prevent Surprize there must be A Standing Army or an Association Kept up as long as the Duke Lives and what the Consequences of them are may be foreseen without difficulty the first Ruining the Liberties of the People and the Second Endangering the Prerogatives of the Crown and both of them in the divided Condition England now is in point of Religion tending to raise such Fears and Jealousies as will be almost as Uneasie and as Unsafe as a Popish Successor and all this brought upon us immediately whereas the other is future and Contingent On Thursday the 23 d. of December The Commons Ordered That the Thanks of the House should be given to Dr. Burnett for his Sermon Preached the day before and likewise for his Book relating to the History of the Reformation of the Church of England and that he be desired to Print his said Sermon And on Thursday the 5th of January following they Voted that he should be desired to proceed with and Compleat that good Work by him begun in Writing the History of the Reformation of the Church of England They Ordered That Leave should be given to bring in a Bill or Bills to Correct and Punish Atheisme Blasphemy Swearing and Debauchery and for the better Observation of the Lords Day These and several other Crimes have grown and prevailed upon this Nation for want of a Church Discipline and by reason of the Divisions amongst us in Points of Religion and till these things be taken care of all Laws against them will signifie Nothing Yet it might deliver the Government from the guilt of them and therefore it is heartily to be wished that Care may be taken to perfect this good Design and when further Care is taken of the Lords Day some care would be taken of the other Feasts and Fasts by Law Established in the Church of England This day also the Lords returned the Additional Act for Burying in Woollen passed without Amendment And by another Message Certified to the Commons That at their Rising they would Adjourn to the Next Munday Seven-night after And by another Message they sent down Mr. Seymour's Answer to the Articles of Impeachment against him The same day the Commons also passed a Vote of an Extraordinary Nature which was as followeth Resolved That it is the Opinion of this House That Mr. Joseph Brown ought to be restored to all the Offices and Places which were taken from him by occasion of a Judgment given against him in the Court of Kings-Bench in Trinity Term 29 Caroli Secundi upon an Information for publishing an Vnlicensed Book called The Long Parliament Dissolved These Sorts of Writers were Now to be encouraged what might be but what Benefit Brown had by this Vote I never heard But the Next day being the 24th of December they took occasion to Chastise one Richard Thompson Clerk very Severely for he having been Complained of by some of the Dissenters who were Now the White Boys and the Sober Loyal Protestants and it having been remitted to a Committee to enquire into his Misdemeanors the House upon the return of the Committee passed these Votes Reselved N. C. That Richard Thompson Clerk has publickly defamed His Sacred Majesty Preached Sedition Vilified the Reformation Promoted Popery by Asserting Popish Principles Decrying the Popish Plot and turning the same upon the Protestants and endeavoured to Subvert the Liberty and Property of the Subject and the Rights and Priviledges of the Parliament and that he is a Scandal and Reproach to his Function Resolved That he be Impeached and a Committee appointed to prepare the said Impeachment and that the Report and the Resolution of the House thereupon be forthwith Printed This Thompson was accused for several Expressions both in Preaching and Discourse But they mostly fixed upon a Sermon Preached the 30th of January 1679. See the Printed Papers wherein he said it seems the Presbyterians were such persons as the Devil Blusht at Accused Hamden for chocsing to Rebel rather than pay the Ship-Money which he said was the King's Right by Law Accused Mr. Calvin to have been the first that Preached the King-Killing Doctrine And from thence inferred That a Presbyterian qua talis is as great a Traytor as any Priest or Jesuit But one Witness saith he said Worse And that he had also frequently cast Evil Aspersions against Several Divines at Bristol of Great Note viz. Mr. Chetwind Mr. Standfast Mr. Crossman and Mr. Palmer and others saying That such as went to their Lectures were the Brats of the Devil 2. That he had spoken in Sermons and elsewhere several hard Things against the Petitions for the Sitting of the Parliament as That it was the Seed of Rebellion and like to 41. c. 3. That he had said There was great Noise of a Popish Plot but there was Nothing in it but a Presbyterian Plot c. 4. He was Accused to have approved of the Doctrine of the Church of Rome in the Points of Justification Auricular Confession Penance Extream Vnction and Crisme in Baptisme and the Single Life of the Clergy saying That if he were as well Satisfied of other things as he was of these he would not have been so long Separated from the Catholick Church 5. He had spoken as they said some ill things of Queen Elizabeth and Henry the 8th as Church-Robbers and against his Majesty too which tho I care not to repeat yet they are nothing in comparison to what the Dissenters have published in Print against his Majesty What Answer the Man would have made
for himself I know not for the Parliament never brought him to an hearing But upon inquiry I find notwithstanding all this Clamour the Man hath a great and good Report for his Piety Learning and Prudence but his Zeal for the Religion Established drew this Storm upon him from the Exasperated Dissenters who never stick thus to blast the Fame of Good Men when it serves their ill designs But to return from this Digression The Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of Certain Laws was read a second time and Committed upon a Debate of the House to the Committee to whom the Bill for Vniting of his Majesties Protestant Subjects was Committed upon a Debate of the House Then the Bill for Banishing the Papists out of the King's Dominions was read a second time and committed upon the Debate of the House Then the House adjourned till Thursday the 30th of December That day the House met and Ordered That the Committee appointed to prepare Evidence against the 4. Popish Lords in the Tower should look into the Evidence and Report their Opinions to the House in Order to the further Directions and Proceedings of the House against them Resolved That the several Writings Papers and Proceedings relating to such Members of the late Long Parliament as received Allowances out of the Moneys appointed for Secret Services be produced to this House Resolved N. C. That no Member of this House shall accept of any Office or Place of Profit from the Crown without Leave of the House or any Promise of any such Office or Place of Profit during such time as he shall continue a Member of the House and that the offenders herein shall be Expelled It seems they had discovered that some of their Zealous men were Selling themselves to the Court-Party for Preferment and prepared this Vote to keep the Party together Friday the 31th of December The Bill for prohibiting the importation of Forein Guns was read the second time and rejected Leave was also given to bring in a Bill for Regulating the abuses in making Casks Barrels and other Vessels And A Committee appointed to peruse the Laws relating to Weights and Measures and to report their Opinions in the same and to bring in a Bill or Bills for the better Regulating and Ascertaining the same Ordered also That Leave be given to bring in a Bill for a General Naturalization of Alien-Protestants and allowing them liberty to Exercise their Trades in all Corporations A Bill for Relief of the Subjects against Arbitrary Fines was read a second time and committed Then the House Adjourned till Munday the 3d. of January Which day An Act for limiting the times of Importation of Cattel from Scotland being read the third time passed and was sent up to the Lords Then A Bill for Repealing an Act made in the 13th Year of his Now Majesties Reign intituled An ACT for the Well-Governing and Regulating of Corporations was read the first time and Ordered to be read again A Bill for the better discovery of Settlements to Superstitious Vses was read the first time and Ordered a second reading the Friday following at Ten of the Clock in a full House The same day the Lords sent down a Bill to the Commons Intituled An Act for distinguishing Protestant Dissenters from Popish Recusants To which they desired the Concurrence of the House The Lords sent down another Message to put the Commons in mind of the Bill for the Better regulating of the Tryals of the Peers of England And Another Message to acquaint them That their Lordships had received a Petition from Mr. Seymour for a speedy Tryal Upon which the Commons read his Answer to their Impeachment which had lyen by them some time and ordered a Committee to prepare Evidence against him and Manage it at his Tryal On Tuesday the 4th of January His Majesty sent the Commons another Message which is as followeth CHARLES R. HIS Majesty received the Address of this House with all the disposition they could wish to comply with their reasonable desires but upon perusing it he is Sorry to See their Thoughts so wholly fixed upon the Bill of Exclusion as to determine that all other Remedies for the Suppressing of Popery will be ineffectual His Majesty is Confirmed in his Opinion against that Bill by the Judgment of the House of Lords who rejected it He therefore thinks there remains Nothing more for him to say in answer to the Address of this House but to recommend to them the Consideration of all other Means for the Preservation of the Protestant Religion in which they have no reason to doubt of his Concurrence when ever they shall be presented to him in a Parliamentary way and that they would Consider the present State of the Kingdom as well as the Condition of Christendom in Such a Manner as may inable him to Preserve Tangier and Secure his Alliances abroad and the Peace and Settlement at home This Message being read in the House they Resolved to take into Consideration the Friday following in a full House The same day the Lords sent down a Vote which they made that day Die Martis 4 January 1680. Resolved by the Lords Spiritual and Temporal in Parliament assembled That they do declare that they are fully Satisfied that there now is and for divers years last past there hath been a Horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for Massacring the English and Subverting the Protestant Religion and the ancient Established Government of that Kingdom To which their Lordships desired the Concurrence of the Commons On Wednesday the 5th of January Richard Thompson was Ordered upon his Petition to give sufficient Security for his forth-coming to the Serjeant at Arms attending that House to Answer to the Impeachment against him and so was discharged of his Imprisonment I can see No reason why he should be prosecuted by an Impeachment in Parliament It being beneath the Dignity of the Houses to Concern themselves with such a man as Mr. Thompson must needs be who might much better have been proceeded against in the Spiritual or Civil Courts if the Accusations were all True but that his Blaspheming Calvin and the Loyal Presbyterian Protestants would have signified Nothing there as I believe they would not before the Lords if he had been Tryed Formerly the Commons impeached none but such as were too great to be prosecuted any where else and that but rarely and upon great Necessity This made them Venerable and Dreadful but this Course for Small or No faults to impeach and imprison great Numbers of Mean People which they followed in this Session tended to Nothing but the Wasting their time and Hindering greater Affairs to the damage of the King and Kingdome The same day the Commons agreed an Impeachment against Sir William Scroggs Knight Chief Justice of the Court of Kings-Bench
and Ordered others to be drawn against Sir Francis North Chief Justice of the Court of Common-Pleas Sir Thomas Jones one of the Justices of the Kings-Bench and Sir Richard Weston one of the Barons of the Exchequer So they were resolved to find themselves work tho they had refused to do the King's Business till that was granted which was impossible to be had this Session of Parliament Thursday the 6th of January A Bill for the more Easie Collecting the Duty of Hearth-Money was read a second time and committed upon the Debate of the House A Bill for Repealing the Act for the Well-Governing of Corporations was read the second time and committed Sir Philip Skippon was Excused from being taken into Custody for his Default in not attending the House in the Call there of the Tuesday before Colonel Birch reporting from the Committee appointed to receive Informations relating to the Popish Plott in Ireland That the Committee having proceeded upon the Matters to them referred had taken several Examinations and received the Answer of Sir John Davis and had also perused several Informations transmitted from the House of Lords relating to the said Plott All which he read in his place and afterwards delivered the same in at the Clerks Table where the same were again read The House then took into Consideration the Message sent from the Lords the Tuesday before wherein they desired the Concurrence of the House and Resolved That the House did agree with the Lords with the addition of these Words That the Duke of York being a Papist and the Expectation of his coming to the Crown hath given the Greatest Countenance and Encouragement thereto as well as to the Horrid Popish Plot in this Kingdome of England And they resolved to deliver the said Vote to the Lords at a Conference and Appointed a Committee to draw up Reasons to be offered at the said Conference Ordered That the several Informations of John Macnamara Maurice Fitz-Gerrald and James Mash that day read to the House relating to the Irish Plot be forthwith Printed Resolved That Rich. Poure Earl of Tyrone in the Kingdom of Ireland be Impeached of High Treason And that the Lord Dursley do go up to the Bar of the Lords and Impeach him c. and pray that he may be Committed to Safe Custody And further Ordered That the Committee appointed to prepare the Evidence against the Popish Lords in the Tower do prepare the said Impeachment Ordered That the further Consideration of the said Report in relation to Arthur Earl of Anglesey and Sir John Davis be Adjourned to Saturday Morning next at Ten of the Clock in a full House When it was Adjourned to Munday following which was their last day and gave them occasion for other Thoughts On Friday the 7th day of January The ingrossed Articles of Impeachment against Sir William Scroggs were Read and sent up to the Lords by the Lord Cavendish A Bill to prevent Vexatious Actions was read the first time and Ordered a second reading A Bill to prevent the Symony of one person from prejudicing another was read the first time and Ordered a second reading The Bill of Discovery of Settlements of Estates for Superstitious Uses was read the second time and committed upon the debate of the House Then the House according to their Order entred into Consideration of his Majesty's Message sent to the House the Tuesday before and Voted as followeth Resolved That it is the Opinion of this House That there is no Security or Safety for the Protestant Religion the King's Life or the Well Constituted and Established Government of this Kingdom without passing a Bill for disabling James Duke of York to Inherit the Imperial Crown of England and Ireland and the Dominions and Territories thereunto belonging and to rely upon any other means or remedies without such a Bill is not onely Insufficient but dangerous Resolved That his Majesty in his last Message having assured this House of his readiness to Concur in all other means for the preservation of the Protestant Religion this House doth declare That until a Bill be likewise passed for Excluding the Duke of York this House cannot give any Supply to his Majesty without Danger to his Majesties Person Extream Hazard of the Protestant Religion and Vnfaithfulness to Those by whom this House is trusted It seems the loss of Tangier and of all our Alliances abroad did not at all Hazard the Protestant Religion or Endanger his Majesties Person Resolved That all Persons who Advised his Majesty in his last Message to this House to insist upon an Opinion against the Bill for Excluding the Duke of York Have given pernicious Counsel to his Majesty and Are Promoters of Popery and Enemies to the King and Kingdome Resolved That George Earl of Halifax Henry Marquess of Worcester Henry Earl of Clarendon in the Opinion of this House are persons who Advised his Majesty in his last Message to this House to insist upon an Opinion against the Bill for Excluding the Duke of York and have therein given pernicious Counsel to his Majesty and are Promoters of Popery and Enemies to the King and Kingdom Resolved That an Humble Address be presented to his Majesty to remove Lawrence Hide Esq from his Majesties Councils and Presence and from his Office in the Treasury for ever Resolved That an Humble Address be presented to his Majesty to remove Henry Marquess of Worcester from his Presence and Councils and all the Offices and Imployments of Honour and Profit for ever Resolved That it is the Opinion of this House That Lewis Earl of Feversham is a Promoter of Popery and of the French Interest and a Dangerous Enemy to the King and Kingdom Resolved That an Humble Address be made to his Majesty to remove him from all Military Offices and Commands and from all other Publick Offices and Imployments and from his Majesties Councils and Presence for ever But here was no Addresses Voted against George Earl of Halyfax nor Henry Earl of Clarendon A Motion being made also for an Address to his Majesty to remove Edward Seymour Esq from his Majesties Council and Presence it was Adjourned to the Munday following Having taken all this care to Chastise the Great Men who as they believed had opposed them in this great business in the Next place they undertook to Chastise his Majesty Himself and if their design had taken effect as it is to be hoped it Never will his Majesty and all his Successors should have Known what it is to Anger a House of Commons However they meant well for they Resolved That whoever should hereafter Lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-Money that is all the principal Branches shall be Adjudged to hinder the Sitting of Parliaments and shall be responsible for the same in Parliament Resolved That whoever shall accept or buy any Tally of Anticipation upon
by being troublesom to the Government find they can Arrive to an Indulgence will as their Numbers increase be yet more troublesome so at length they may arrive to a general Toleration which Your Majesty hath declared against and in time some prevalent Sect will at last Contend for an Establishment which for ought can be foreseen may end in Popery It is a thing altogether without Precedent and will take away all means of Convicting Recusants and be inconsistent with the Method and Proceedings of the Laws of England Lastly it is humbly Conceived That the Indulgence proposed will be so far from tending to the Peace of the Kingdom that it is rather likely to occasion great disturbance And on the Contrary That the Asserting of the Laws and the Religion Established according to the Act of Uniformity is the most probable Means to produce a Settled Peace and Obedience through the Kingdom because the Variety of Professions in Religion when Openly indulged doth directly distinguish men into Parties and withal gives them Opportunities to count their Numbers which considering the Animosities that out of a religious Pride will be kept on foot by the several Factions doth tend directly and inevitably to open disturbance Nor can Your Majesty have any Security that the Doctrine or Worship of the Several Factions which are all governed by a Several Rule shall be consistent with the Peace of the Kingdom And if any person shall presume to disturb the Peace of the Kingdome We do in all humility declare That we will for ever and upon all occasions be ready with our Vtmost Endeavours and Assistance to Adhere to and Serve Your Majesty according to our bounden Duty and Allegiance The Reason and Loyalty of this Address prevailed with his Majesty at that time to lay aside all his Thoughts of an Indulgence and well had it been for him and us if he had never reassumed them for from his forsaking this Advice in the Year 1671. Sprung all those Miseries that now so much threaten him and us But tho his Majesty Changed the Parliament kept their grounds for in an Address dated the 14th of Feb. 1672. they assert against His Majesties Declaration of Indulgence dated the 15th of March before That Penal Statutes in Matters Ecclesiastical cannot be suspended but by Act of Parliament We therefore say they the Knights Citizens and Burgesses of the House of Commons do most humbly beseech Your Majesty That the said Lawes may have their Free Course until it shall be otherwise provided by Act of Parliament and that Your Majesty would Graciously be pleased to give such Directions herein that no Apprehensions or Jea ousies may remain in the Hearts of Your Majesties good and faithful Subjects The King not being Satisfied with this but still insisting that he had a Right by his Supremacy to Suspend the Execution of Penal Laws in Ecclesiastical Affairs They replyed the 26th of Feb. following That no such Power was ever Claimed or Exercised by any of his Majesties Predecessors and if it should be admitted might tend to the Interrupting of the Free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and the Two Houses of Parliament Therefore they did with an Vnanimous Consent become again Humble Suitors unto his Sacred Majesty That he would be pleased to give them a full and Satisfactory Answer to their first Petition and Address and that his Majesty would take such effectual Order That the Proceedings in this Matter might not be for the future drawn into Example To which said last Address his Majesty was pleased to Condescend so far as to Order his Declaration of Indulgence to be taken off the File and Cancell'd Now the use I make of all is to shew first That the Opinion of an Excellent Wise House of Commons was That an Indulgence Toleration or Vnion as they now call it was of a Mischievous Nature and would finally end in Confusion and Popery Secondly That if it should be thought necessary to grant one it being a Legislative Act it must be by the Joynt Consent of the King and the Two Houses and not by any one of them And therefore I will Leave it to the Consideration of the Gentlemen of that House to Judge Whether they did well in passing the Vote of the 10th of January aforesaid for the Suspension of all Penal Laws which relate to the Protestant Dissenters Some pretending to Excuse them have said it was a Vote only in order to a Bill to be brought in for the taking those Laws away But I answer There were several other Bills for that purpose depending and therefore this was in vain Secondly There is no mention of a Bill to be brought in in the Conclusion of the Vote Thirdly They knew they were to be Prorogued as appears by their first Vote and therefore Such a Design would have been impossible Now if they had carried those few Points in this Session First not onely to Deny the King any Supply but to make it Criminal for any man to Lend him any Money upon his Revenues they might then in another Session have gone further and have made it Punishable for any man to have paid him his Just Settled Legal Dues and that would have made them able to have Forced this King or his Successors to what ever they had pleased Secondly If they might have gone on to imprison his Majesty's Subjects in an Illegal and Arbitrary way for Matters that had no relation to Priviledges of Parliament they might afterwards have Extended this to as many Persons and Things as they had pleased and so No man would have dared to have stood by His Majesty against a House of Commons tho they had attempted to Depose his Majesty Nor would his Majesty in a short time have been able to have Protected his Subjects against any injury that they or any of them had been pleased to have done them which would infallibly have Subverted the Monarchy and have introduced a Common-Wealth Thirdly If they had got that great Branch of the Legislative Power into their hands of suspending the Execution of Laws by their Vote they might have driven it as far as they pleased and so have once more Outed the King and the House of Lords as a former Parliament did by the Same Means I will conclude this with the Judgment of a Great and a Learned Man Clarendon's Answer to Hobbs p. 127 128. No Orders made by A House of Commons in England are of any Validity or Force or receive any Submission longer then that House of Commons Continues and if Any Order made by them be against any Law or Statute it is Void when it is Made and receives no Obedience His Majesty then had both Law and Reason on his Side when he ended his Speech to the Next Parliament at Oxford with these Words I WILL Conclude with this one Advice to you That the Rules
the great Pains which he hath taken With and Among them Lastly In Testimony of the High Esteem that the Inhabitants of That City had of This Gentleman they Met him with a great many Horsemen at his Return from his Persecution in London and bad him Wellcom again to the Place of his Residence with the Highest Expressions of Joy and Acclamation Sir John Lloyd's Certificate concerning Mr. Thompson under the Seal of the Office of his Majoralty WHereas Richard Thompson Vicar of St. Mary Redcliff and St. Thomas two Eminent Churches within the City of Bristol even from the time of his first appearance to officiate in those Churches hath been privily traduced and now of late openly and maliciously branded by the multiforme Fanaticks of this City for a Church-Papist and Jesuite for the Rector of St. Omers so Nick-naming St. Thomas and with many like Terms of Obloquy and Slander the Invention whereof may be reckon'd upon as the very first and peculiar gift of that Party whose great and only Master-piece it hath been and still is by like Maliciously Witty and Wicked Methods and Artifices to expose alike His Loyalty and Ministry and to lessen that Esteem and Reputation he hath thereby gained in the Hearts and Affections of all the Kings Majesties Loyal Loving Subjects within this City These are therefore at the Request of and just Due to the said Richard Thompson to Certifie unto all unto whom these Presents shall come that the said Richard Thompson is well known to me John Lloyd Knight and Major of the said City and to all the Kings Majesties Loyal and Loving Subjects therein to be a Person of most Innocent and Exemplary Life and Conversation a most Constant and Careful Dispenser of God's most Holy Word unto the People under his Charge a most Diligent and Zealous Assertor of the Kings Majesties Supremacy in all Causes Ecclesiastical and Civil in opposition to all Schismatical and Factious Persons and Principles under what Names soever they pass or prevail amongst us and also of all the Christian Doctrines together with the Rites and Ceremonies of the Church of England as they are now Owned and Established by Law In Testimony whereof I have caused the Seal of my Office of Majoralty to be affixed Dated the Eighteenth Day of September Anno Dom. 1679 John Lloyd Major The Dean and Chapter of Sarum their Certificate OMnibus quorum interest innotescat per Praesentes Ricardum Thompson in Artibus Magistrum Vicarium de Bedminster juxta Bristoliam quamdiu apud nos commoratus est pie vitam sobrieque laudabiliter tradâ—xisse In concionibus saepe habendis sedulo curam adhibuisse strenue studiis Theologicis navasse operam Nec unquam quod scimus docuisse quicquam vel tenuisse quod Ecclesia Anglicana non etiam appobut atque tuetur Cujus praesertim Disciplinae superioribus quibuscunque ab omni parte conformem morigerumque se praestit it In quorum omnium Testimonium fidem iisdem faciendam nomina nostra cognomina plane ex animo apposuimus Sept. 13. Annoque Salutis reparatae 1679. Thomas Pierce Dec. Sarum Daniel Whitby Praecentor Sarum Ricardus Drake Cancellarius Sarum Ricardus Hill Can. Resid Sarum Franciscus Horton Can. Resid Sarum A Certificate Signed by several of his Auditors upon the Thirtieth of January 1679. being Persons of great Reputation for Loyalty as well as Fortune THese are to Certifie all whom it may concern That we whose Names are hereunto Subscribed were present at the Parish Church of St. Thomas within the City of Bristol on the Thirtieth Day of January 1679. where we then heard Mr. Richard Thompson Preach very solemnly on the Occasion of that Days Fast To which Sermon every one of us for himself doth Declare he was very attentive And we do all hereby Certifie and Declare that we do not remember that the said Mr. Thompson did then say in his Prayer or Sermon That there was no Popish Plot but a Presbyterian Plot or any thing to that or the like effect And we are ready to make Oath of the same if required But on the contrary we have heard him detest and abhor the Popish Plot. And we do further Certifie That the said Mr. Thompson is and by all the time we have known him hath been a True and Loyal Subject to our Most Gracious Soveraign and of a very Sober and Pious Life and Conversation amongst us every way suitable to his Function Witness Our Hands this Thirteenth day of November 1680. John Hicks Alderman Sir Richard Crump Ald. Sir John Knight Kt. George Morgan Thomas Davidge Edmond Brand John Broadway Walter Gunter John Hellier John Oliff John Yeomans John Combes Sheriff George Boucher Thomas Turner George Hart Sheriff James Millerd Ralph Oliff James Twyford Daniel Pym Thomas Hartwell Edmund Arundel Richard Benson Francis Yeomans Thomas Durbin Charles Allen. THE END